Bill Text: MI SB0005 | 2011-2012 | 96th Legislature | Engrossed
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-Engrossed.html
SB-0005, As Passed House, March 24, 2011
SUBSTITUTE FOR
SENATE BILL NO. 5
(As amended, March 17, 2011)
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, is paid by the guests.
(b) "Catering permit" means a permit issued by the commission
to a <<specially designated distributor, specially designated merchant,
or>> holder of a public on-premises license for the sale of beer,
wine, or spirits, or any combination thereof, that is also licensed
as a food service establishment <<OR RETAIL FOOD 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
serves the beer, wine, or spirits. The permit does not allow the
permit holder to deliver, but not serve, the beer, wine, or
spirits.
(2) Spirits sold by <<A SPECIALLY DESIGNATED DISTRIBUTOR,
SPECIALLY DESIGNATED MERCHANT, OR>> ON-PREMISES LICENSEE UNDER A
CATERING
permit shall not be sold at less than the minimum retail selling
price fixed by the commission, including under rules promulgated by
the commission for specially designated distributors under section
229.
(3) The commission may issue a catering permit to a <<specially
designated distributor, specially designated merchant, or>> public
on-
premises licensee, as a supplement to that << >> 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 catering permit holder to serve 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 <<who >> delivers
beer, wine, or spirits but does not serve the beer, wine, or
spirits.
(4) This section does not limit the number of catering permits
the commission may issue within any local unit of government.
(5) This section does not prevent a catering permit holder
from using the catering permit at multiple locations and events
during the same time period.
(6) This section does not prohibit a catering permit holder
from selling beer, wine, or spirits to a person who has obtained a
special license if that catering permit holder serves the beer,
wine, or spirits and complies with all catering permit rules
promulgated by the commission.
(7) 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 on
the issuance of the catering permit. The <<APPLICANT >> shall
also pay the catering permit fee on renewal of the <<SPECIALLY
DESIGNATED DISTRIBUTOR, SPECIALLY DESIGNATED MERCHANT, OR>> ON
PREMISES
license.
(8) The person delivering the beer, wine, or spirits under a
catering permit shall verify that the individual 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 if the delivery service is approved
by the commission and agrees to verify that the individual
accepting delivery of the beer, wine, or spirits is at least 21
years of age.
(9) A catering permit holder providing the service, or an
employee of the catering permit holder, shall successfully complete
a server training program approved by the commission before
providing the service.
(10) A catering permit holder delivering the beer, wine, or
spirits, or an employee of the catering 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 under this
section.
<<(11) A catering permit holder who prepares food or drink
for direct consumption through service on the premises or elsewhere
shall comply with the requirements for food service establishments
under the food law of 2000, 2000 PA 92, MCL 289.1101 to 289.8111.
(12)>> A catering permit holder is subject to all sanctions,
liabilities, and penalties provided under this act or under law.
