Bill Text: MI SB1181 | 2017-2018 | 99th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Liquor; advertising; cooperative advertising; prohibit. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 610d.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-21 - Assigned Pa 0426'18 With Immediate Effect [SB1181 Detail]

Download: Michigan-2017-SB1181-Engrossed.html

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SB-1181, As Passed House, December 12, 2018

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 1181

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1998 PA 58, entitled

 

"Michigan liquor control code of 1998,"

 

(MCL 436.1101 to 436.2303) by adding section 610d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 610d. (1) There must not be cooperative advertising:

 

     (a) Between a manufacturer, an outstate seller of beer, an

 

outstate seller of wine, and a retailer.

 

     (b) Between a wholesaler and a retailer.

 

     (c) Between a manufacturer, an outstate seller of beer, an

 

outstate seller of wine, and a wholesaler.

 

     (2) A manufacturer, an outstate seller of beer, or an outstate

 

seller of wine may do any of the following:

 

     (a) Pay any portion of the cost of painting a truck of a

 

wholesaler.

     (b) Supply a brand logoed decal or advertising mat, or both,

 

to a wholesaler without cost.

 

     (c) Use the name or logo of the wholesaler of the outstate

 

seller of beer or outstate seller of wine in the advertising of the

 

outstate seller of beer or outstate seller of wine.

 

     (3) The name of a retailer must not appear in the advertising

 

of a manufacturer, an outstate seller of beer, an outstate seller

 

of wine, or a wholesaler.

 

     (4) A retailer may offer consumers instant rebate coupons for

 

use with alcoholic liquor purchases. An instant rebate coupon

 

issued under this subsection must comply with all of the following:

 

     (a) A retailer shall only issue coupons that state a specific

 

expiration date and specific cash refund value on the coupons.

 

     (b) A retailer shall not issue coupons that make any alcoholic

 

liquor free. For spirits, the retailer shall only issue coupons

 

where the specific cash refund amount does not exceed 35% of this

 

state's minimum shelf price for the products purchased and does not

 

reduce the retail price of any product below $2.00 a bottle.

 

     (c) A retailer may issue coupons that can be applied to more

 

than 1 specific product from a manufacturer, but must state the

 

manufacturer to which they apply.

 

     (d) A retailer shall issue coupons that require the retail

 

customer to purchase at least 1 product of alcoholic liquor to

 

redeem a coupon. A retailer may issue coupons that require the

 

retail customer to purchase 2 or more alcoholic liquor products

 

from the same manufacturer to redeem the coupon.

 

     (e) For spirits, a retailer shall only issue coupons for the

375 milliliters or larger size bottles.

 

     (f) A supplier or wholesaler of beer or wine shall not pay for

 

or participate in the offering of an instant rebate coupon.

 

     (5) As used in this section, "cooperative advertising" means a

 

jointly funded effort between licensees or between vendors of

 

spirits.