September 18, 2008, Introduced by Senator THOMAS and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending sections 1021 and 1025 (MCL 436.2021 and 436.2025),
section 1021 as amended by 2005 PA 21 and section 1025 as amended
by 2008 PA 11.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1021. (1) The commission shall not require a licensee to
sell or serve food to a purchaser of alcoholic liquor. The
commission shall not require a class A hotel or class B hotel to
provide food services to registered guests or to the public.
(2) Except as otherwise provided in subsection (3), a
purchaser shall not remove alcoholic liquor sold by a vendor for
consumption on the premises from those premises.
(3) A vendor licensed to sell wine on the premises may allow
an individual who has purchased a meal and who has purchased and
partially consumed a bottle of wine with the meal, to remove the
partially consumed bottle from the premises upon departure. This
subsection does not allow the removal of any additional unopened
bottles of wine unless the vendor is licensed as a specially
designated merchant. The licensee or the licensee's clerk, agent,
or employee shall reinsert a cork so that the top of the cork is
level with the lip of the bottle. The transportation or possession
of the partially consumed bottle of wine shall be in compliance
with section 624a of the Michigan vehicle code, 1949 PA 300, MCL
257.624a.
(4)
This act and rules promulgated under this act do not
prevent
a class A or B hotel designed to attract and accommodate
tourists
and visitors in a resort area from allowing its invitees
or
guests to possess or consume, or both, on or about its premises,
alcoholic
liquor purchased by the invitee or guest from an off-
premises
retailer, and does not prevent a guest or invitee from
entering
and exiting the licensed premises with alcoholic liquor
purchased
from an off-premises retailer.
Sec. 1025. (1) A vendor shall not give away any alcoholic
liquor of any kind or description at any time in connection with
his or her business, except manufacturers for consumption on the
premises only.
(2) Subsection (1) does not prevent any of the following:
(a) A vendor of spirits, brewer, mixed spirit drink
manufacturer, wine maker, small wine maker, outstate seller of
beer, outstate seller of wine, or outstate seller of mixed spirit
drink, or a bona fide market research organization retained by 1 of
the persons named in this subsection, from conducting samplings or
tastings of an alcoholic liquor product before it is approved for
sale in this state, if the sampling or tasting is conducted
pursuant to prior written approval of the commission.
(b) A person from conducting of any sampling or tasting
authorized by rule of the commission.
(c)
A class A or B hotel designed to attract and accommodate
tourists
and visitors in a resort area from giving away alcoholic
liquor
to an invitee or guest in connection with a business event
or
as a part of a room special or promotion for overnight
accommodations.
(3) A vendor shall not sell an alcoholic liquor to a person in
an intoxicated condition.
(4) Evidence of any breathalyzer or blood alcohol test results
obtained in a licensed establishment, or on property adjacent to
the licensed premises and under the control or ownership of the
licensee, shall not be admissible to prove a violation of this
section, section 707(1), (2), (3), or (4), or section 801(2). To
establish a violation of this section, section 707(1), (2), (3), or
(4), or section 801(2), the person's intoxicated condition at the
time of the sale or consumption of alcohol must be proven by direct
observation by law enforcement or commission enforcement personnel
or through other admissible witness statements or corroborating
evidence obtained as part of the standard investigation other than
breathalyzer or blood alcohol test results.