BEER & WINE: REFUND & REPLACEMENT S.B. 357 (S-2):
SUMMARY OF BILL
ON THIRD READING
Senate Bill 357 (Substitute S-2 as reported by the Committee of the Whole)
Sponsor: Senator Rebekah Warren
CONTENT
The bill would amend the Michigan Liquor Control Code to allow a manufacturer that sold direct to a retailer as provided under Section 203(19) (which allows a qualified micro brewer, or a substantially equivalent out-of-State entity, to sell and deliver beer to a retailer in the State if certain conditions are met) or a wholesaler to refund to a retailer the amount the retailer paid for beer or wine, as applicable, or allow such a manufacturer or a wholesaler to replace that beer or wine for any of the following reasons:
-- The beer or wine was outdated.
-- The beer or wine was defective.
-- There was an error in the beer or wine delivered.
-- The beer or wine could no longer be lawfully sold.
-- The retailer's business terminated.
-- The formula, proof, label, or container of the beer or wine was changed.
-- The beer or wine was discontinued.
-- The retailer was open only a portion of the year and the beer or wine was likely to spoil during the off-season.
If the beer were within 30 days of its out-of-date code, a manufacturer that sold direct to a retailer or a wholesaler could refund to a retailer the amount it paid for the beer.
A manufacturer that sold direct to a retailer or a wholesaler could issue a refund or replacement under these provisions only for beer or wine that the manufacturer or wholesaler sold to the retailer.
Proposed MCL 436.1609c Legislative Analyst: Drew Krogulecki
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 6-15-17 Fiscal Analyst: Josh Sefton
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.