Bill Text: MI SB0079 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Liquor; licenses; farmer's market permit to sell and taste wine at farmer's market; provide for. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 415.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Passed) 2013-07-31 - Assigned Pa 0100'13 With Immediate Effect [SB0079 Detail]
Download: Michigan-2013-SB0079-Engrossed.html
SB-0079, As Passed House, June 11, 2013
SUBSTITUTE FOR
SENATE BILL NO. 79
(As amended June 6, 2013)
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
(MCL 436.1101 to 436.2303) by adding section 415.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 415. (1) Subject to the limitations provided under this
section, the commission may issue a farmer's market permit to a
qualified small wine maker. [regardless of the location of the qualified
small wine maker, the commission shall only issue 1 farmer's market
permit in a county where the farmer's market is located for each 1,500
of population or fraction of 1,500 in that county] as determined by the
last federal decennial census,
by a special census pursuant to section 6 of the home rule city
Senate Bill No. 79 (S-7) as amended June 6, 2013
act, 1909 PA 279, MCL 117.6, or section 7 of the Glenn Steil state
revenue sharing act of 1971, 1971 PA 140, MCL 141.907, or by the
latest census and corrections published by the United States
department of commerce, bureau of the census, whichever is later.
The holder of a farmer's market permit may conduct tastings and
sell, at retail at a farmer's market, the wine produced by that
qualified small wine maker.
(2) The commission shall charge a fee for a farmer's market
permit of $25.00 for each farmer's market location. A farmer's
market permit issued under this section is nontransferable.
Notwithstanding the quota provision under subsection (1), the
commission shall not limit the number of permits a qualified small
wine maker obtains under this section, but an application for a
farmer's market permit shall only contain up to 5 separate
locations at 1 time. Section 503 does not apply to the application
or issuance of a permit under this section or to the location of a
farmer's market where the holder of a farmer's market permit
intends to participate under this section.
(3) The commission shall not issue a farmer's market permit
under this section unless the applicant provides documentation, in
a manner prescribed by the commission, that the local police agency
where the farmer's market is located and the farmer's market
manager at that location have approved the proposed activity.
(4) The tastings and sales performed under a farmer's market
permit shall be limited to an exclusive area [that is well defined and
clearly marked], in a manner
prescribed by the commission, that is under the control of the
holder of the farmer's market permit, as verified by the farmer's
market manager.
(5) The tastings and sales performed under a farmer's market
permit shall be conducted by employees of the holder of the
farmer's market permit who have completed a server training program
as provided for in section 906 and the rules promulgated by the
commission.
(6) The wine sold or used for tastings shall be furnished from
the stock of the holder of the farmer's market permit and removed
from the farmer's market premises immediately after the farmer's
market has concluded.
(7) Tasting samples provided to a customer shall not exceed 3
servings of not more than 2 ounces of wine in a 24-hour period of
time.
(8) The commission shall develop an application for an annual
farmer's market permit allowing for licensed activities under this
section. A farmer's market manager shall verify on the application
that the location listed on the application qualifies as a farmer's
market under this section.
(9) A wholesaler shall not conduct or participate in any event
allowed by this section.
(10) A holder of a farmer's market permit is considered a
manufacturer as provided under section 603(15)(a).
(11) Two years after the enactment date of the amendatory act
that added this section, the commission shall submit a report to
the standing committees of the senate and house of representatives
concerned with issues involving liquor control and the house and
senate fiscal agencies assessing the continued issuance of farmer's
market permits to qualified small wine makers. The report shall
include, at a minimum, all of the following:
(a) The number of applications received each year for a
farmer's market permit.
(b) The number of farmer's market permit applications approved
each year.
(c) The number of farmer's market permit applications approved
in each county.
(12) As used in this section:
(a) "Farmer's market" means a group of farmers or their
designees or a variety of vendors, as determined by the farmer's
market manager or his or her designee, who assembles on a recurring
basis at a defined community sponsored or municipally sponsored
location for the purposes of selling, directly to a consumer, food
and products produced by those farmers or their representatives.
(b) "Farmer's market manager" means the person responsible for
enforcing the market policy and for the daily operation and
management of the farmer's market.
(c) "Farmer's market permit" means an annual permit issued as
part of an approved license to a qualified small wine maker
allowing that person to conduct tastings and sell at retail, for
consumption off the licensed premises, at a farmer's market, wine
produced by the qualified small wine maker.
(d) "Qualified small wine maker" means a small wine maker, or
an out-of-state entity that is the substantial equivalent of a
small wine maker, that manufactures or bottles not more than 5,000
gallons of wine in 1 calendar year.
Enacting section 1. This amendatory act takes effect 60 days
after the date it is enacted into law.
