HB-4683, As Passed Senate, June 2, 2014

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4683

     A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

by amending section 1031 (MCL 436.2031), as added by 2010 PA 175.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1031. (1) As used in this section, "wine auction license"

means a license issued by the commission to sell wine by auction,

subject to the following:

     (a) The wine is sold through an auction by a person that is

licensed as a specially designated merchant or through a seller

partnering that is a partner with a specially designated merchant,

as evidenced by a written agreement of the parties.

     (b) The owner of the wine is not licensed under this act.

     (c) The wine is part of a private collection owned by a person

that is not licensed under this act.

     (d) The specially designated merchant ensures that each bottle

sold from the private collection has a permanently affixed tag or

label stating that the wine was acquired from a private collection.

     (2) Upon submission of If it receives a completed application

and the license fee described in section 525(1)(aa), the commission

shall issue a wine auction license to a person licensed as a

specially designated merchant, or a seller partnering that is a

partner with a specially designated merchant, who is arranging for

the sale of wine by an owner that is not licensed under this act.

The commission shall issue the license for a term of 1 year. The

license allows the licensee to hold not more than 12 auctions per

license year.

     (3) The license restrictions as prescribed under this section

and under this act are in addition to those requirements and

prescriptions imposed by any local law or ordinance, or resolution

of the local unit of government.

     (4) The holder of the wine auction license is responsible for

the payment of any applicable sales or excise taxes regarding the

sale of the wine by auction.

     (5) The holder of the wine auction license is responsible for

the delivery, storing, and warehousing of the wine offered for sale

and for the delivery of the wine to the purchasers.

     (6) A person that is licensed to sell wine at wholesale or

retail may purchase any wine offered at an auction under this

section and may resell that wine in accordance with the terms of

his or her the license, so long as if at the time of sale the tag

or label remains permanently affixed to the bottle. upon sale.

     (7) The sale and resale of wine purchased at auction is

subject to this act and any rules of the commission promulgated

under this act.

     (8) A person holding a wine auction license is not required to

demonstrate compliance with the registration requirements of

article 29 of the occupational code, 1980 PA 299, MCL 339.2901 to

339.2919.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

     (a) Senate Bill No. 476.

     (b) Senate Bill No. 477.

     (c) House Bill No. 4684.