Bill Text: MI SB0356 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Occupations; other; salesperson license; establish. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 502.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-10-19 - Assigned Pa 0129'17 With Immediate Effect [SB0356 Detail]
Download: Michigan-2017-SB0356-Engrossed.html
SB-0356, As Passed House, September 20, 2017
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 356
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
(MCL 436.1101 to 436.2303) by adding section 502.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 502. (1) The commission shall issue a salesperson license
to an individual who has successfully completed a salesperson
accreditation program under subsection (6) and who is a designated
employee of any of the following persons:
(a) A manufacturer of beer.
(b) A manufacturer of wine.
(c) An outstate seller of beer.
(d) An outstate seller of wine.
(e) A wholesaler.
(2) A salesperson license issued under this section after the
effective date of the amendatory act that added this section but
before April 30, 2020 expires on April 30, 2020. A salesperson
license issued under this section is renewable every 3 years with
the first triennial renewal cycle beginning May 1, 2020. The
commission may charge a reasonable initial license fee and
triennial renewal fee. The commission shall establish a fee under
this section by written order. The nonrefundable inspection fee
under section 529(4) is not required for an application for a new
salesperson license or transfer of a salesperson license.
(3) The commission shall not issue a salesperson license under
this section unless the applicant submits with his or her
application written documentation that the applicant has
successfully completed a salesperson accreditation program. The
commission shall not renew a salesperson license under this section
unless the licensee submits with his or her application proof
acceptable to the commission that the licensee has successfully
completed a salesperson accreditation program no more than 120 days
before the date the licensee submits his or her renewal
application.
(4) Except as provided in this subsection and subsection (5),
an individual shall not sell, deliver, promote, or otherwise assist
in the sale of beer or wine in any manner to a retailer in this
state unless licensed under this section. An individual licensed as
a salesperson under R 436.1853 of the Michigan Administrative Code
before the effective date of the amendatory act that added this
section shall comply with requirements of this section on renewal
of his or her salesperson license, application for a subsequent
salesperson license under a different employer, or a request to
transfer his or her salesperson license to a different employer.
(5) This section does not require an individual who is at
least 18 years of age and who only does any of the following to be
licensed as a salesperson:
(a) Builds a display of those brands that are represented or
sold by the individual's employer for an off-premises retailer.
(b) Marks the price on those brands that are represented or
sold by the individual's employer for an off-premises retailer.
(c) Rotates brands that are represented or sold by the
individual's employer for an off-premises retailer.
(d) Places brands that are represented or sold by the
individual's employer on shelves for an off-premises retailer.
(e) The holder of a Michigan commercial driver license or
chauffeur's license who transports, in a vehicle licensed by the
commission under section 525, and delivers alcoholic liquor to a
retailer.
(6) The commission shall approve a salesperson license
accreditation program designed for salesperson licensees if the
commission determines that the program's curriculum includes an
understanding of all of the following:
(a) Section 609.
(b) Section 609a.
(c) Section 609b.
(d) The provisions of section 1013 that require the sale or
purchase of alcoholic liquor by a licensee for cash only.
(e) R 436.1315 of the Michigan Administrative Code.
(f) R 436.1319 of the Michigan Administrative Code.
(g) R 436.1726 of the Michigan Administrative Code.
(h) The commission's order for on-premises brand promotions
issued October 27, 1999.
(i) Product adjustments as provided for in this act.
(7) A person described in subsection (1)(a) to (e) or a
qualified trade association may apply to the commission for
qualification as an administrator for the offering of a salesperson
accreditation program.
(8) On approval of a salesperson accreditation program under
subsection (6), the commission shall appoint the person or
qualified trade association sponsoring the salesperson
accreditation program as administrator of that program.
(9) As used in this section:
(a) "Administrator" means a person described in subsection
(1)(a) to (e) or a qualified trade association authorized by the
commission to offer salesperson accreditation programs.
(b) "Designated employee" means an individual who sells,
delivers, promotes, or otherwise assists in the sale of beer or
wine.
(c) "Qualified trade association" means a trade association
that represents a person described in subsection (1)(a) to (e) that
employs individuals to act as salespersons.
(d) "Salesperson accreditation program" means a program that
the commission approves under subsection (6) and that is offered by
an administrator.
Enacting section 1. This amendatory act takes effect 180 days
after the date it is enacted into law.
