BEER & WINE: REFUND & REPLACEMENT S.B. 357:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 357 (as introduced 5-2-17)
Sponsor: Senator Rebekah Warren
CONTENT
The bill would amend the Michigan Liquor Control Code to allow a manufacturer or retailer to give a refund or replacement to a retailer for beer or wine under certain circumstances.
Specifically, a wholesaler or manufacturer could refund to a retailer the amount the retailer paid for beer or wine, as applicable, or a wholesaler or manufacturer could replace that beer or wine for any of the following reasons:
-- The beer or wine was outdated.
-- Seasonal closing of the retailer.
-- The retailer went out of business or the Commission placed the retailer's license in escrow.
-- Driver or salesperson delivery error.
-- The retailer made an order error.
-- The supplier discontinued the brand.
-- The Commission suspended or revoked the retailer's license.
-- A short fill.
-- The beer or wine was off taste or off color; had sediment in it; or was adulterated, contaminated, or spoiled.
-- Breakers or leakers at the time of delivery.
-- Internal Revenue Service or Michigan Department of Treasury seizure.
-- Salable product not used by a special licensee.
If the beer were within 30 days of its out-of-date code, a wholesaler could make an adjustment in the form of a refund on beer that was within 30 days of its out-of-date code.
(These provisions generally would codify the Michigan Liquor Control Commission's Administrative Order No. 2016-05.)
The bill would take effect 90 days after its enactment.
Proposed MCL 436.1609c Legislative Analyst: Drew Krogulecki
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
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.