Bill Text: MI SB0142 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Liquor: retail sales; allowing in state and out-of-state mixed spirit drink manufacturers to deliver mixed spirit drink to retailers; provide for. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 203b. TIE BAR WITH: SB 0144'21, SB 0143'21, SB 0141'21
Spectrum: Bipartisan Bill
Status: (Passed) 2021-05-26 - Assigned Pa 0017'21 With Immediate Effect [SB0142 Detail]
Download: Michigan-2021-SB0142-Introduced.html
SENATE BILL NO. 142
February 16, 2021, Introduced by Senators
BRINKS, MOSS, ANANICH, HORN, BAYER, CHANG, MACDONALD, ZORN, POLEHANKI,
LASATA, BIZON, VANDERWALL, MCCANN, WOJNO, IRWIN, SANTANA, STAMAS, DALEY,
GEISS, OUTMAN, HOLLIER and SCHMIDT and referred to the Committee on
Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
(MCL 436.1101 to 436.2303) by adding section 203b.
The people of the state of michigan enact:
Sec. 203b. Notwithstanding anything in
this act to the contrary, a small wine maker or an out-of-state entity that is
the substantial equivalent of a small wine maker may sell and deliver wine as
defined in section 113(9)(b) or 113a(9)(b) that it manufactures to a retailer
in this state only if all of the following conditions are met:
(a)
The retailer is not located in a sales territory for which the small wine maker
or out-of-state entity that is the substantial equivalent of a small wine maker
has granted exclusive sales rights to a wholesaler under section 307 for the
sale of any brand or brands of wine as defined in section 113(9)(b) or
113a(9)(b) produced by the small wine maker or out-of-state entity that is the
substantial equivalent of a small wine maker.
(b)
The wine as defined in section 113(9)(b) or 113a(9)(b) is sold and delivered by
an employee of the small wine maker or out-of-state entity that is the
substantial equivalent of a small wine maker, not an agent, and is transported
and delivered using a vehicle owned by the small wine maker or out-of-state
entity that is the substantial equivalent of a small wine maker.
(c)
The small wine maker or out-of-state entity that is the substantial equivalent
of a small wine maker is in compliance with applicable state and federal law
and applicable regulatory provisions of this act and rules promulgated by the
commission under this act related to each of the following:
(i) Employees that sell and deliver wine as defined
in section 113(9)(b) or 113a(9)(b) to retailers.
(ii) Vehicles used to deliver wine as defined in section
113(9)(b) or 113a(9)(b) to retailers.
(iii) Price schedules and temporary price reductions.
(iv) 1976 IL 1, MCL 445.571 to 445.576.
(v) Labeling and registration of wine as defined in
section 113(9)(b) or 113a(9)(b).
(vi) Payment of taxes.
(d)
The small wine maker sells not more than 31,000 gallons of wine as defined
under section 113(9)(b) or 113a(9)(b) total per year. In determining the 31,000
gallon threshold under this subdivision, all brands and labels of a small wine
maker or out-of-state equivalent of a small wine maker, whether sold to a
wholesaler or a retailer in this state or outside of this state, must be
combined. Sales to consumers on the licensed premises of the small wine maker or
out-of-state entity that is the substantial equivalent of a small wine maker are
not included in determining the 31,000 gallon threshold under this subdivision.
Enacting section 1. This amendatory act does not
take effect unless all of the following bills of the 101st Legislature are
enacted into law:
(a) Senate Bill No. 141.
(b) Senate Bill No. 144.
(c) Senate Bill No. 143.
