Bill Text: MI HB5768 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Liquor; distribution; requirements related to the sale, delivery, or importation of beer, wine, and mixed spirit drink in this state; modify process. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 204.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-06-12 - Assigned Pa 178'18 With Immediate Effect [HB5768 Detail]
Download: Michigan-2017-HB5768-Engrossed.html
HB-5768, As Passed House, May 3, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5768
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
(MCL 436.1101 to 436.2303) by adding section 204.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 204. (1) Except for an individual who brings, transports,
ships, or imports alcoholic liquor into this state under section
203(8) or (9), as applicable, for a retailer, or for sacramental
wines imported under section 301, a person shall not sell, deliver,
or import beer, wine, or mixed spirit drink in this state unless
the person is 1 of the following:
(a) A supplier as that term is defined in section 603.
(b) A licensed direct shipper described in section 203(10).
(c) A wholesaler.
(2) Except for an individual who brings, transports, ships, or
imports alcoholic liquor into this state under section 203(8) or
(9), as applicable, for a retailer, or for sacramental wines
imported under section 301, a person described in subsection (1)
may only sell, deliver, or import beer, wine, or mixed spirit drink
in this state in 1 of the following ways:
(a) A licensed direct shipper may sell to a consumer under
section 203.
(b) An outstate seller of beer, outstate seller of wine, or
outstate seller of mixed spirit drink, may deliver the beer, wine,
or mixed spirit drink to the licensed premises of the wholesalers
designated to sell and deliver the beer, wine, or mixed spirit
drink to the individual licensed location of the retailer in the
wholesaler's sales territory under section 305 or 403, as
applicable.
(c) A wholesaler that picks up the beer, wine, or mixed spirit
drink from the premises of an outstate seller of beer, outstate
seller of wine, or outstate seller of mixed spirit drink, may
deliver the beer, wine, or mixed spirit drink to the licensed
premises of the wholesaler designated to sell and deliver the beer,
wine, or mixed spirit drink to the individual licensed location of
the retailer in the wholesaler's sales territory under section 305
or 403, as applicable.
(d) An outstate seller of beer, outstate seller of wine, or
outstate seller of mixed spirit drink may deliver the beer, wine,
or mixed spirit drink to its licensed premises in this state.
However, the beer, wine, or mixed spirit drink must be delivered to
the licensed premises of the wholesaler designated to sell and
deliver the beer, wine, or mixed spirit drink to the individual
licensed location of the retailer in the wholesaler's sales
territory under section 305 or 403, as applicable.
(e) A brewer, wine maker, or mixed spirit drink manufacturer
that has a manufacturing plant located outside of this state may
deliver the beer, wine, or mixed spirit drink manufactured in the
manufacturing plant to its licensed premises in this state.
However, the beer, wine, or mixed spirit drink must be delivered to
the licensed premises of the wholesaler designated to sell and
deliver the beer, wine, or mixed spirit drink to the individual
licensed location of the retailer in the wholesaler's sales
territory under section 305 or 403, as applicable.
(f) Except as otherwise provided in this act, a brewer, wine
maker, or mixed spirit drink manufacturer may deliver the beer,
wine, or mixed spirit drink to the licensed premises of the
wholesaler designated to sell and deliver the beer, wine, or mixed
spirit drink to the individual licensed location of the retailer in
the wholesaler's sales territory under section 305 or 403, as
applicable.
(3) Except as otherwise provided in subsection (4), both of
the following apply to beer, wine, or mixed spirit drink that is
delivered to a wholesaler under this act:
(a) The wholesaler shall maintain the beer, wine, or mixed
spirit drink on the wholesaler's licensed premises.
(b) The wholesaler shall make the beer, wine, or mixed spirit
drink maintained on the wholesaler's licensed premises as required
under subdivision (a) available for inspection by the commission
for at least 24 hours before the wholesaler delivers the beer,
wine, or mixed spirit drink to a retailer.
(4) For beer, wine, or mixed spirit drink that has been
delivered to a wholesaler under this act, subsection (3) does not
apply and the wholesaler may deliver beer, wine, or mixed spirit
drink to a retailer if all of the following apply:
(a) Either of the following applies:
(i) The wholesaler cannot fulfill the retailer's order for the
beer, wine, or mixed spirit drink from the inventory currently
available on the wholesaler's licensed premises.
(ii) The wholesaler intends to deliver the beer, wine, or
mixed spirit drink to a special licensee, including as provided
under section 526, before the 24-hour period under subsection
(3)(b) has expired.
(b) Either of the following applies:
(i) The beer, wine, or mixed spirit drink has been delivered
to the address of the wholesaler's licensed premises.
(ii) The wholesaler picked up the beer, wine, or mixed spirit
drink from the licensed premises of any of the following:
(A) A brewer.
(B) A wine maker.
(C) A mixed spirit manufacturer.
(D) An outstate seller of beer.
(E) An outstate seller of wine.
(F) An outstate seller of mixed spirit drink.
(G) A wholesaler.
(c) The wholesaler maintains the invoice of the delivery and
attaches documentation to the invoice that details each product and
the amount of each product that was not placed on the wholesaler's
floor.
(5) This section does not prohibit a brewer, micro brewer,
wine maker, small wine maker, or retailer from selling alcoholic
liquor or nonalcoholic beverages as provided in this act.
