SB-1160, As Passed House, December 12, 2018
SB-1160, As Passed Senate, November 29, 2018
November 8, 2018, Introduced by Senator HUNE and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 109 (MCL 436.1109), as amended by 2014 PA 42.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 109. (1) "Manufacture" means to distill, rectify,
ferment, brew, make, produce, filter, mix, concoct, process, or
blend an alcoholic liquor or to complete a portion of 1 or more of
these activities. Manufacture does not include bottling or the
mixing or other preparation of drinks for serving by those persons
authorized under this act to serve alcoholic liquor for consumption
on the licensed premises. In addition, manufacture does not include
attaching a label to a shiner. All containers or packages of
alcoholic liquor must state clearly the name, city, and state of
the bottler.
(2)
"Manufacturer" means a person
engaged in the manufacture
of
that manufactures alcoholic liquor, whether located in or out of
this state, including, but not limited to, a distiller, a small
distiller, a rectifier, a mixed spirit drink manufacturer, a mixed
wine
drink manufacturer, a wine maker, and
a small wine maker, a
brewer, and a micro brewer.
(3) "Manufacturing premises" means the licensed premises of a
manufacturer where the manufacturer manufactures alcoholic liquor
or, for a small wine maker only, bottles wine.
(4) (2)
"Master distributor"
means a wholesaler that acts in
the same or similar capacity as a brewer, wine maker, outstate
seller of wine, or outstate seller of beer for a brand or brands of
beer or wine to other wholesalers on a regular basis in the normal
course of business.
(5) (3)
"Micro brewer" means a
brewer that produces
manufactures in total less than 60,000 barrels of beer per year and
that
may sell the beer produced manufactured
to consumers at the
licensed brewery premises for consumption on or off the licensed
brewery premises and to retailers as provided in section 203. In
determining the 60,000-barrel threshold, all brands and labels of a
brewer,
whether brewed manufactured
in this state or outside this
state,
shall must be combined and all facilities for the production
manufacturing of beer that are owned or controlled by the same
person
shall must be treated as a single facility.
(6) (4)
"Minor" means an
individual less than 21 years of age.
(7) (5)
"Mixed spirit drink"
means a drink produced
manufactured and packaged or sold by a mixed spirit drink
manufacturer
or an outstate seller of mixed spirit drink or sold by
an outstate seller of mixed spirit drink to a wholesaler that
contains 10% or less alcohol by volume consisting of spirits mixed
with nonalcoholic beverages or flavoring or coloring materials and
that may also contain 1 or more of the following:
(a) Water.
(b) Fruit juices.
(c) Fruit adjuncts.
(d) Sugar.
(e) Carbon dioxide.
(f) Preservatives.
(8) (6)
"Mixed spirit drink
manufacturer" means any person
licensed under this act to manufacture mixed spirit drink in this
state and to sell mixed spirit drink at retail in accordance with
section 537 or to a wholesaler. For purposes of rules promulgated
by the commission, a mixed spirit drink manufacturer shall be
treated as a wine manufacturer but is subject to the rules
applicable to spirits for manufacturing and labeling.
(9) (7)
"Mixed wine drink" means
a drink or similar product
marketed as a wine cooler that contains less than 7% alcohol by
volume, consists of wine and plain, sparkling, or carbonated water,
and contains any 1 or more of the following:
(a) Nonalcoholic beverages.
(b) Flavoring.
(c) Coloring materials.
(d) Fruit juices.
(e) Fruit adjuncts.
(f) Sugar.
(g) Carbon dioxide.
(h) Preservatives.
(10) (8)
"Outstate seller of beer"
means a person licensed by
the commission to sell beer that has not been manufactured in this
state to a wholesaler in this state in accordance with rules
promulgated by the commission.
(11) (9)
"Outstate seller of mixed
spirit drink" means a
person licensed by the commission to sell mixed spirit drink that
has not been manufactured in this state to a wholesaler in this
state in accordance with rules promulgated by the commission. For
purposes of rules promulgated by the commission, an outstate seller
of mixed spirit drink shall be treated as an outstate seller of
wine but is subject to the rules applicable to spirits for
manufacturing and labeling.
(12) (10)
"Outstate seller of wine"
means a person licensed by
the commission to sell wine that has not been manufactured in this
state to a wholesaler in this state in accordance with rules
promulgated by the commission and to sell sacramental wine as
provided in section 301.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No._1154.
(b) Senate Bill No. 1164.
(c) Senate Bill No. 1165.
(d) Senate Bill No._1159.
(e) Senate Bill No. 1166.
(f) Senate Bill No. 1155.
(g) Senate Bill No._1161.
(h) Senate Bill No. 1156.