Bill Text: MI SB0005 | 2011-2012 | 96th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Liquor; licenses; "catering permit" for specially designated distributors, specially designated merchants, and on-premises licensees to serve alcohol at locations other than the licensed premises under certain circumstances; provide for. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 547.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-04-26 - Assigned Pa 0020'11 With Immediate Effect [SB0005 Detail]

Download: Michigan-2011-SB0005-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 5

 

 

January 19, 2011, Introduced by Senator PAPPAGEORGE 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 547.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 547. (1) As used in this section:

 

     (a) "Private event" means an event where no consideration, as

 

defined in section 913(5), is paid by the guests.

 

     (b) "Catering permit" means a permit issued by the commission

 

to a holder of a public on-premises license for the sale of beer,

 

wine, or spirits, or any combination thereof, and that is also

 

licensed as a food service establishment under the food law of

 

2000, 2000 PA 92, MCL 289.1101 to 289.8111, which permit authorizes

 


the permit holder to sell and deliver beer, wine, and spirits in

 

the original sealed container to a person for off-premises

 

consumption but only if the sale is not by the glass or drink and

 

the permit holder provides the service of the beer, wine, or

 

spirits. The permit does not allow the permit holder to deliver,

 

but not serve, the beer, wine, or spirits.

 

     (2) The commission may issue a catering permit to a public on-

 

premises licensee, as a supplement to that on-premises license, to

 

allow the sale and delivery of beer, wine, or spirits in the

 

original sealed container at locations other than the licensed

 

premises and to require the permit holder to provide for service of

 

beer, wine, or spirits at the private event where the alcoholic

 

liquor is not resold to guests. The commission shall not issue a

 

catering permit to an applicant whose food service establishment

 

delivers beer, wine, or spirits but does not provide for the

 

service of the beer, wine, or spirits.

 

     (3) This section does not limit the number of catering permits

 

the commission may issue within any local unit of government.

 

     (4) This section does not prevent the holder from using the

 

catering permit at multiple locations and events during the same

 

time period.

 

     (5) Notwithstanding subsection (2), this section does not

 

prohibit a holder of a catering permit from selling beer, wine, or

 

spirits to a person who has obtained a special license under

 

section 527.

 

     (6) An applicant for a catering permit shall apply on a form

 

approved and provided by the commission and pay an application and

 


processing fee of $70.00 and a catering permit fee of $100.00 at

 

the time of issuance. The on-premises licensee shall also pay the

 

catering permit fee at the time of renewal of the on-premises

 

license.

 

     (7) The person delivering the beer, wine, or spirits shall

 

verify that the person accepting delivery is at least 21 years of

 

age. The catering permit holder may utilize a third party that

 

provides delivery service to municipalities in this state that are

 

surrounded by water and inaccessible by motor vehicle to deliver

 

beer, wine, or spirits to the designated location of the private

 

event so long as the delivery service is approved by the commission

 

and agrees to verify that the person accepting delivery of the

 

beer, wine, or spirits is at least 21 years of age.

 

     (8) The catering permit holder providing the service, or an

 

employee of the catering permit holder, must have successfully

 

completed a server training program approved by the commission.

 

     (9) The catering permit holder delivering the beer, wine, or

 

spirits, or an employee of the permit holder, shall have in his or

 

her possession while delivering the beer, wine, or spirits

 

documentation demonstrating that the beer, wine, or spirits being

 

delivered are for a private event being conducted pursuant to this

 

section.

 

     (10) A holder of a catering permit is subject to all

 

sanctions, liabilities, and penalties provided under this act or

 

under law.

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