Bill Text: MI SB1120 | 2011-2012 | 96th Legislature | Introduced

---

Bill Title: Liquor; licenses; farmer's market license; create. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 415. TIE BAR WITH: SB 0032'11

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2012-05-09 - Referred To Committee On Regulatory Reform [SB1120 Detail]

Download: Michigan-2011-SB1120-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1120

 

 

May 9, 2012, Introduced by Senators HANSEN, WALKER, PROOS, ROBERTSON, KOWALL, SCHUITMAKER, MEEKHOF and BOOHER 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 415.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 415. (1) The commission may issue a farmer's market

 

permit to a small wine maker or an out-of-state entity that is the

 

substantial equivalent of a small wine maker. The holder of a

 

farmer's market permit may conduct tastings and sell, at retail at

 

a farmer's market, the wine produced by that small wine maker.

 

     (2) The commission shall charge a fee for a farmer's market

 

permit of $25.00 for each farmer's market location. The commission

 

shall not limit the number of permits a small wine maker, or an

 

out-of-state entity that is substantial equivalent of a small wine

 

maker, obtains under this section, but an application for a

 

farmer's market permit shall only contain up to 5 separate

 

locations at 1 time. Section 503 does not apply to the application

 

or issuance of a permit under this subsection or to the location of

 

a farmer's market where the holder of a farmer's market permit

 

intends to participate under this section.

 

     (3) The commission shall not issue a farmer's market permit

 

under this section unless the applicant provides documentation, in

 

a manner prescribed by the commission, that the local police agency

 

where the farmer's market is located and the farmer's market

 

manager at that location have approved the proposed activity.

 

     (4) The tastings and sales performed under a farmer's market

 

permit shall be limited to an exclusive area, in a manner

 

prescribed by the commission, that is under the control of the

 

holder of the farmer's market permit, as verified by the farmer's

 

market manager.

 

     (5) The tastings and sales performed under a farmer's market

 

permit shall be conducted by employees of the holder of the

 

farmer's market permit who have completed a server training course

 

approved by the commission.

 

     (6) The wine sold or used for tastings shall be furnished from

 

the stock of the holder of the farmer's market permit and removed

 

from the farmer's market premises immediately after the farmer's

 

market has concluded.

 

     (7) Tasting samples provided to a customer shall not exceed 3

 

servings of not more than 2 ounces of wine in a 24-hour period of

 

time.

 

     (8) The commission shall develop an application for an annual

 

farmer's market permit allowing for licensed activities under this

 

section. A farmer's market manager shall verify on the application

 

that the location listed on the application qualifies as a farmer's

 

market under this section.

 

     (9) A wholesaler shall not conduct or participate in any event

 

allowed by this section.

 

     (10) A holder of a farmer's market permit is considered a

 

manufacturer as provided under section 603(15)(a).

 

     (11) As used in this section:

 

     (a) "Farmer's market" means a group of farmers or their

 

designees or a variety of vendors, as determined by the farmer's

 

market manager or his or her designee, who assembles on a recurring

 

basis at a defined community sponsored or municipally sponsored

 

location for the purposes of selling, directly to a consumer, food

 

and products produced by those farmers or their representatives.

 

     (b) "Farmer's market manager" means the person responsible for

 

enforcing the market policy and for the daily operation and

 

management of the farmer's market.

 

     (c) "Farmer's market permit" means an annual permit issued as

 

part of an approved license to a small wine maker or an out-of-

 

state entity that is the substantial equivalent of a small wine

 

maker allowing that person to conduct tastings and sell at retail,

 

for consumption off the licensed premises, at a farmer's market,

 

wine produced by the small wine maker.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 32 of the 96th Legislature is enacted into

 

law.