Bill Text: MI HB5400 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Liquor; licenses; cross reference to section about micro brewers selling beer to retailers; update. Amends sec. 109 of 1998 PA 58 (MCL 436.1109). 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 5354'19, HB 5341'19, HB 5352'19, HB 5347'19, HB 5349'19
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-07-21 - Assigned Pa 120'20 With Immediate Effect [HB5400 Detail]
Download: Michigan-2019-HB5400-Engrossed.html
SENATE Substitute For
HOUSE BILL NO. 5400
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 109 (MCL 436.1109), as amended by 2020 PA 80.
The people of the state of michigan enact:
Sec. 109. (1) "Manufacture" means to
distill, rectify, ferment, brew, make, produce, filter, mix, concoct, process,
or blend an alcoholic liquor or to complete a portion of 1 or more of these
activities. Manufacture does not include bottling or the mixing or other
preparation of drinks for serving by those persons authorized under this act to
serve alcoholic liquor for consumption on the licensed premises. In addition,
manufacture does not include attaching a label to a shiner. All containers or
packages of alcoholic liquor must state clearly the name, city, and state of
the bottler.
(2)
"Manufacturer" means a person that manufactures alcoholic liquor,
whether located in or out of this state, including, but not limited to, a
distiller, a small distiller, a rectifier, a mixed spirit drink manufacturer, a
mixed wine drink manufacturer, a wine maker, a small wine maker, a brewer, and
a micro brewer.
(3) "Manufacturing
premises" means the licensed premises of a manufacturer where the
manufacturer manufactures alcoholic liquor or, for a small wine maker only,
bottles wine.
(4) "Master
distributor" means a wholesaler that acts in the same or similar capacity
as a brewer, wine maker, outstate seller of wine, or outstate seller of beer
for a brand or brands of beer or wine to other wholesalers on a regular basis
in the normal course of business.
(5) "Micro
brewer" means a brewer that manufactures in total less than 60,000 barrels
of beer per year and that may sell the beer manufactured to consumers at the
licensed brewery premises for consumption on or off the licensed brewery
premises and to retailers as provided in section 203. 203a. In
determining the 60,000-barrel threshold, all brands and labels of a brewer,
whether manufactured in this state or outside this state, must be combined and
all facilities for the manufacturing of beer that are owned or controlled by
the same person must be treated as a single facility.
(6) "Minor"
means an individual less than 21 years of age.
(7) "Mixed spirit
drink" means a drink manufactured and packaged or sold by a mixed spirit
drink manufacturer or sold by an outstate seller of mixed spirit drink to a
wholesaler that contains 10% or less alcohol by volume consisting of spirits mixed
with nonalcoholic beverages or flavoring or coloring materials and that may
also contain 1 or more of the following:
(a) Water.
(b) Fruit juices.
(c) Fruit adjuncts.
(d) Sugar.
(e) Carbon dioxide.
(f) Preservatives.
(8) "Mixed spirit
drink manufacturer" means a person licensed under this act to manufacture
mixed spirit drink in this state and to sell mixed spirit drink at retail in
accordance with section 537 or to a wholesaler. For purposes of rules
promulgated by the commission, a mixed spirit drink manufacturer is treated as
a wine manufacturer but is subject to the rules applicable to spirits for
manufacturing and labeling.
(9) "Mixed wine
drink" means a drink or similar product marketed as a wine cooler that
contains less than 7% alcohol by volume, consists of wine and plain, sparkling,
or carbonated water, and contains any 1 or more of the following:
(a) Nonalcoholic
beverages.
(b) Flavoring.
(c) Coloring materials.
(d) Fruit juices.
(e) Fruit adjuncts.
(f) Sugar.
(g) Carbon dioxide.
(h) Preservatives.
(10) "Outstate
seller of beer" means a person licensed by the commission to sell beer
that has not been manufactured in this state, or beer that the person purchased
from a limited production manufacturer, to a wholesaler in this state in accordance
with rules promulgated by the commission. As used in this subsection,
"limited production manufacturer" means a person licensed under
section 504.
(11) "Outstate
seller of mixed spirit drink" means a person licensed by the commission to
sell mixed spirit drink that has not been manufactured in this state to a
wholesaler in this state in accordance with rules promulgated by the
commission. For purposes of rules promulgated by the commission, an outstate
seller of mixed spirit drink is treated as an outstate seller of wine but is
subject to the rules applicable to spirits for manufacturing and labeling.
(12) "Outstate
seller of wine" means a person licensed by the commission to sell wine
that has not been manufactured in this state to a wholesaler in this state in
accordance with rules promulgated by the commission and to sell sacramental
wine as provided in section 301.
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) House Bill
No. 5341.
(b) House Bill
No. 5342.
(c) House Bill
No. 5343.
(d) House Bill
No. 5344.
(e) House Bill
No. 5345.
(f) House Bill
No. 5346.
(g) House Bill
No. 5347.
(h) House Bill
No. 5348.
(i) House Bill
No. 5349.
(j) House Bill
No. 5350.
(k) House Bill
No. 5351.
(l) House Bill No. 5352.
(m) House Bill
No. 5353.
(n) House Bill
No. 5354.
(o) House Bill
No. 5355.
