SB-0199, As Passed Senate, May 5, 2005

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 199

 

 

 

 

 

 

 

 

     A bill to amend 1998 PA 58, entitled

 

"Michigan liquor control code of 1998,"

 

by amending section 1021 (MCL 436.2021), as amended by 2002 PA 725.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1021. (1)  A regulation shall not be made requiring the

 

purchase  The commission shall not require a licensee to sell or

 

serving of  serve food  with the purchase  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)  Alcoholic  Except as otherwise provided in subsection

 

(3), a purchaser shall not remove alcoholic liquor sold by  vendors  

 

a vendor for consumption on the premises  shall not be removed  

 

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)  (3) Nothing in this  This act and rules promulgated under

 

this act  shall  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.