February 1, 2006, Introduced by Reps. Rocca, Jones, Wojno, Bieda, Gaffney and Palmer and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending sections 111 and 913 (MCL 436.1111 and 436.1913).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 111. (1) "Person" means an individual, firm, partnership,
limited partnership, association, limited liability company, or
corporation.
(2) "Primary source of supply" means, in the case of domestic
spirits, the distiller, producer, owner of the commodity at the
time it becomes a marketable product, or bottler, or the exclusive
agent of any such person and, in the case of spirits imported into
the United States, either the foreign distiller, producer, owner of
the bottler, or the prime importer for, or the exclusive agent in
the United States of, the foreign distiller, producer, owner, or
the bottler.
(3) "Professional account" means an account established for a
person by a class C licensee or tavern licensee whose major
business is the sale of food, by which the licensee extends credit
to the person for not more than 30 days.
(4) "Residence" means the premises in which a person resides
permanently.
(5) "Retailer" means a person licensed by the commission who
sells to the consumer in accordance with rules promulgated by the
commission.
(6) "Sacramental wine" means wine containing not more than 24%
of alcohol by volume which is used for sacramental purposes.
(7) "Sale" includes the exchange, barter, traffic, furnishing,
or giving away of alcoholic liquor. In the case of a sale in which
a shipment or delivery of alcoholic liquor is made by a common or
other carrier, the sale of the alcoholic liquor is considered to be
made in the county within which the delivery of the alcoholic
liquor is made by that carrier to the consignee or his or her agent
or employee, and venue for the prosecution for that sale may be in
the county or city where the seller resides or from which the
shipment is made or at the place of delivery.
(8) "School" includes buildings used for school purposes to
provide instruction to children in grades kindergarten through 12,
when that instruction is provided by a public, private,
denominational, or parochial school, except those buildings used
primarily for adult education or college extension courses. School
does not include a proprietary trade or occupational school.
(9) "Small wine maker" means a wine maker manufacturing or
bottling not more than 50,000 gallons of wine in 1 calendar year.
(10) "Special license" means a contract between the commission
and the special licensee granting authority to that licensee to
sell beer, wine, mixed spirit drink, or spirits. The license shall
be granted only to such persons and such organization and for such
period of time as the commission shall determine so long as the
person or organization is able to demonstrate an existence separate
from an affiliated umbrella or parent organization and otherwise in
compliance with R 436.572 through R 436.582 of the Michigan
administrative code. If such an existence is demonstrated, the
commission shall not deny a special license solely by the
applicant's affiliation with an organization that is also eligible
for a special license.
(11) "Specially designated distributor" means a person engaged
in an established business licensed by the commission to distribute
spirits and mixed spirit drink in the original package for the
commission for consumption off the premises.
(12) "Specially designated merchant" means a person to whom
the commission grants a license to sell beer or wine, or both, at
retail for consumption off the licensed premises.
(13) "Spirits" means a beverage that contains alcohol obtained
by distillation, mixed with potable water or other substances, or
both, in solution, and includes wine containing an alcoholic
content of more than 21% by volume, except sacramental wine and
mixed spirit drink.
(14) "State liquor store" means a store established by the
commission under this act for the sale of spirits in the original
package for consumption off the premises.
(15) "Supplier of spirits" means a vendor of spirits, a
manufacturer of spirits, or a primary source of supply.
Sec.
913. (1) A person shall not maintain do any of the
following:
(a) Maintain, operate, or lease, or otherwise furnish to any
person,
any premises , or
place which that
is not licensed
under this act within which the other person may engage in the
drinking of alcoholic liquor for consideration.
(b) Obtain by way of lease or rental agreement, and furnish or
provide to any other person, any premises or place that is not
licensed under this act within which any other person may engage in
the drinking of alcoholic liquor for consideration.
(c) Maintain, operate, or lease, or otherwise furnish to any
person, for consideration, any premises or place that is not
licensed under this act within which the other person may engage in
the drinking of alcoholic liquor.
(d) Obtain by way of lease or rental agreement, and furnish or
provide to any other person, for consideration, any premises or
place that is not licensed under this act within which any other
person may engage in the drinking of alcoholic liquor.
(2) A person shall not consume alcoholic liquor in a
commercial establishment selling food if the commercial
establishment is not licensed under this act. A person owning,
operating, or leasing a commercial establishment selling food which
is not licensed under this act shall not allow the consumption of
alcoholic liquor on its premises.
(3) This section shall not apply to any hotel or any licensee
under this act.
(4) This section shall not be construed to repeal or amend
section 1019.
(5) As used in this section, "consideration" includes any fee,
cover charge, ticket purchase, the storage of alcoholic liquor, the
sale of food, ice, mixers, or other liquids used with alcoholic
liquor drinks, the providing of any service or item, or combination
of service and item, the purchasing of any service or item, or
combination of service and item, or the furnishing of glassware or
other containers for use in the consumption of alcoholic liquor in
conjunction with the sale of food.