Bill Text: MI HB5354 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Liquor; licenses; certain labeling requirements for a brewpub; eliminate. Amends sec. 405 of 1998 PA 58 (MCL 436.1405). TIE BAR WITH: HB 5348'19, HB 5351'19, HB 5344'19, HB 5350'19, HB 5343'19, HB 5355'19, HB 5346'19, HB 5353'19, HB 5342'19, HB 5345'19, HB 5300'19, HB 5341'19, HB 5352'19, HB 5347'19, HB 5349'19
Spectrum: Bipartisan Bill
Status: (Passed) 2020-07-21 - Assigned Pa 118'20 With Immediate Effect [HB5354 Detail]
Download: Michigan-2019-HB5354-Introduced.html
HOUSE BILL NO. 5354
January 16, 2020, Introduced by Reps. Cambensy,
Garza, Hall and Wendzel and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 405 (MCL 436.1405), as amended by 2014 PA 353.
the people of the state of michigan enact:
Sec. 405. (1) Subject to section 407, the commission
shall issue a brewpub license to a person who that is
licensed as a food service establishment under the food law, 2000 PA 92, MCL
289.1101 to 289.8111, and who that at the time of application for the
brewpub license is licensed and continues to be licensed as 1 or more of the
following:
(a) Class C.
(b) Tavern.
(c) Class A hotel.
(d) Class B hotel.
(2) A brewpub shall
possess the necessary equipment for a satisfactory operation which shall that must be maintained in good working
order and in a sanitary condition.
(3) Agricultural products
processed by a manufacturer shall must comply with state law and with rules
of the department of agriculture.United States Department of Agriculture.
(4)
A brewpub shall not sell beer in this state unless it provides for each brand
or type of beer sold a label that truthfully describes the content of each
container and provides proof that a valid "application for and
certification/exemption of label/bottle approval" has been obtained and is
unrevoked under the federal malt beverage labeling requirements as published in
27 CFR 7.20 to 7.29, which are hereby adopted by reference.
(4)
(5) Each location of a brewpub shall must have
a manufacturing operation on the licensed premises that complies with
subsection (6). (5). A brewpub shall apply for and obtain
a license for each location of that the brewpub. In determining the
18,000-barrel threshold, all brands and labels of the brewpub produced in this
state shall must be combined.
(5)
(6) Beer shall must be manufactured pursuant to under federal malt beverage regulations
published in 27 CFR 25.1 to 25.301, which are hereby adopted by reference.
(6)
(7) Each brewpub shall submit to the commission, on forms
acceptable to the commission and postmarked not later than January 15, April 15,
July 15, and October 15 of each year, a beer tax report of all beer sold under their its brewpub license during the preceding
quarter. Each brewpub shall also submit, with the beer tax report, the payment
of the required beer excise tax due pursuant to under section 409.
(7)
(8) A brewpub shall must be
the holder of a "brewers notice" as issued by the United States department of treasury, alcohol and
tobacco tax and trade bureau Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau in
accordance with 27 CFR 25.61 to 25.85.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 5342 (request no. 04270'19).
(b) Senate Bill No.____ or House Bill No. 5344 (request no. 04270'19 a).
(c) Senate Bill No.____ or House Bill No. 5348 (request no. 04540'19).
(d) Senate Bill No.____ or House Bill No. 5350 (request no. 05038'19).
(e) Senate Bill No.____ or House Bill No. 5349 (request no. 05039'19).
(f) Senate Bill No.____ or House Bill No. 5346 (request no. 05040'19).
(g) Senate Bill No.____ or House Bill No. 5345 (request no. 05041'19).
(h) Senate Bill No.____ or House Bill No. 5352 (request no. 05042'19).
(i) Senate Bill No.____ or House Bill No. 5343 (request no. 05074'19).
(j) Senate Bill No.____ or House Bill No. 5355 (request no. 05075'19).
(k) Senate Bill No.____ or House Bill No. 5341 (request no. 05076'19).
(l) Senate Bill No.____ or House Bill No. 5347 (request no. 05077'19).
(m) Senate Bill No.____ or House Bill No. 5353 (request no. 05078'19).
(n) Senate Bill No.____ or House Bill No.____ (request no. 05122'19).
(o) Senate Bill No.____ or House Bill No. 5351 (request no. 05151'19).
