Bill Text: MI SB0938 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Liquor; licenses; allowing on-premises licensees selling alcoholic liquor to go; provide for, and allow on-premises licensees to deliver alcoholic liquor to consumers under certain conditions. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 537a.
Spectrum: Strong Partisan Bill (Democrat 14-1)
Status: (Introduced - Dead) 2020-05-21 - Referred To Committee On Regulatory Reform [SB0938 Detail]
Download: Michigan-2019-SB0938-Introduced.html
SENATE BILL NO. 938
May 21, 2020, Introduced by Senators MCMORROW,
IRWIN, ALEXANDER, POLEHANKI, BAYER, BULLOCK, MOSS, WOJNO, ANANICH, GEISS,
BRINKS, SANTANA, CHANG, HOLLIER and SCHMIDT 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 537a.
the people of the state of michigan enact:
Sec. 537a. (1) Notwithstanding
anything in this act to the contrary, an on-premises licensee that is also
licensed as a food service establishment or retail food establishment under the
food law, 2000 PA 92, MCL 289.1101 to 289.8111, may fill and sell qualified
containers with beer, wine, mixed spirit drink, or spirits for consumption off
the premises under the following conditions:
(a)
The premises where the filling of qualified containers takes place comply with
the requirements for food service establishments under the food law, 2000 PA
92, MCL 289.1101 to 289.8111.
(b)
The on-premises licensee or his or her agent or employee does not fill a
qualified container in advance of the sale.
(c)
The alcoholic liquor to be dispensed has received a registration number from
the commission and has been approved for sale by the commission.
(d)
The on-premises licensee complies with all applicable rules promulgated by the
commission.
(2)
Notwithstanding anything in this act to the contrary, an on-premises licensee that is also licensed as a food service establishment or
retail food establishment under the food law, 2000 PA 92, MCL 289.1101 to
289.8111, may deliver beer, wine, mixed spirit drink, or spirits to a
consumer in this state if the on-premises licensee does all of the following:
(a)
Pays any applicable taxes to the commission and pays any applicable taxes to
the department of treasury as directed by the department of treasury. On the
request of the department of treasury, the on-premises licensee shall furnish
an affidavit to verify payment.
(b)
Complies with all laws of this state, including, but not limited to, the
prohibition on sales to minors.
(c)
Makes a diligent inquiry to determine that the individual placing and receiving
the order is 21 years of age or older. As used in this subdivision,
"diligent inquiry" means that term as defined in section 701.
(d)
On request of the commission, makes available to the commission any document
used to verify the age of the individual ordering or receiving the alcoholic
liquor from the on-premises licensee.
(e)
Stamps, prints, or labels on the outside of the shipping container that the
package "Contains Alcohol. Must be delivered to a person 21 years of age
or older.". The recipient at the time of the delivery shall provide
identification verifying his or her age and sign for the delivery.
(f)
Does not allow a straw hole on the shipping container.
(3)
This section does not apply after 3 years after the effective date of the amendatory
act that added this section.
(4)
As used in this section:
(a)
"Consumer" means that term as defined in section 203.
(b) "Qualified container" means any clean, refillable, resealable container that is exclusively intended, and used only, for the sale of alcoholic liquor for consumption off the premises and that has a liquid capacity that does not exceed 1 gallon.
