LIQUOR CONTROL CODE:  FILLING GROWLERS

Senate Bill 27 (Substitute S-1)

Sponsor:  Sen. Dave Hildenbrand

House Committee:  Regulatory Reform

Senate Committee:  Regulatory Reform

Complete to 5-20-13

A SUMMARY OF SENATE BILL 27 (S-1) AS PASSED BY THE SENATE 5-7-13

Currently, the only enterprises that are allowed to fill a "growler" are those that hold a brewpub, brewer, or microbrewer licensed.  Generally speaking, a "growler" is a refillable and resealable container that customers can use to fill with a craft beer to take the beer off the licensed premises where it has been brewed.  

Senate Bill 27 would expand the kinds of enterprises that are allowed to fill growlers so as to include places that do not themselves brew beer.  Specifically, the bill would amend Section 537 of the Liquor Control Code (MCL 436.1537) to allow specified eligible merchants to refill growlers with beer for consumption off the premises under certain conditions.

Specifically, an individual holding a specially designated merchant license and a Class C, Tavern, Class A Hotel, Class B Hotel, Club, Class G-1, or Class G-2 license could refill growlers with beer for consumption off the premises under the following conditions:

o                   The premises where the refilling takes place complies with the requirements for food service establishments under the Food Law of 2000 (MCL 289.1101 to 289.8111).

o                   The growler is sealed and labeled with a label that includes the brand name of the beer, the class of the beer, the net contents of the container, and the name of the retailer filling the growler.

o                   The merchant or the merchant's agent or employee does not fill a growler in advance of the sale.

o                   The beer to be dispensed has received a registration number and been approved for sale by the Liquor Control Commission.

o                   The growler being refilled is clearly labeled and sealed in compliance with the existing requirements for labeling and sale for consumption off the premises.

o                   The merchant complies with all of the Liquor Control Commission's applicable promulgated rules.

Under the bill, the term "growler" would mean any clean, refillable, resealable container that is exclusively intended, and used only, for the sale of beer for consumption off the premises and has a liquid capacity that does not exceed one gallon.

FISCAL IMPACT:

Senate Bill 27 would not have a significant fiscal impact on the state or local units of government.

                                                                                           Legislative Analyst:   Jeff Stoutenburg

                                                                                                  Fiscal Analyst:   Paul Holland

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.