November 8, 2018, Introduced by Senator WARREN and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 105 (MCL 436.1105), as amended by 2014 PA 353.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 105. (1) "Alcohol" means the product of distillation of
fermented liquid, whether or not rectified or diluted with water,
but does not mean ethyl or industrial alcohol, diluted or not, that
has been denatured or otherwise rendered unfit for beverage
purposes.
(2) "Alcohol vapor device" means any device that provides for
the use of air or oxygen bubbled through alcoholic liquor to
produce a vapor or mist that allows the user to inhale this
alcoholic vapor through the mouth or nose.
(3) "Alcoholic liquor" means any spirituous, vinous, malt, or
fermented liquor, powder, liquids, and compounds, whether or not
medicated, proprietary, patented, and by whatever name called,
containing 1/2 of 1% or more of alcohol by volume that are fit for
use for food purposes or beverage purposes as defined and
classified by the commission according to alcoholic content as
belonging to 1 of the varieties defined in this chapter.
(4) "Alternating proprietorship" means 1 of the following:
(a) An arrangement in which 2 or more wine makers or small
wine makers take turns using the same space and equipment to
manufacture wine pursuant to section 603(9)(a) and in accordance
with 27 CFR 24.136.
(b) An arrangement in which 2 or more brewers or micro brewers
take turns using the same space and equipment to manufacture beer
pursuant to section 603(9)(b) and in accordance with 27 CFR 25.52.
(5) "Approved tasting room" means a tasting room that is
approved by the commission.
(6) (4)
"Authorized distribution
agent" means a person
approved by the commission to do 1 or more of the following:
(a) To store spirits owned by a supplier of spirits or the
commission.
(b) To deliver spirits sold by the commission to retail
licensees.
(c) To perform any function needed to store spirits owned by a
supplier of spirits or by the commission or to deliver spirits sold
by the commission to retail licensees.
(7) (5)
"Bar" means a barrier or
counter at which alcoholic
liquor is sold to, served to, or consumed by customers.
(8) (6)
"Beer" means any beverage
obtained by alcoholic
fermentation of an infusion or decoction of barley, malt, hops, or
other cereal in potable water.
(9) "Bottle" or "bottling" means a process, separate from
manufacturing, using owned or leased equipment to fill and seal a
container, including a keg, with alcoholic liquor for sale at
wholesale or retail in accordance with this act. Bottle or bottling
does not include filling a growler for sale at retail.
(10) (7)
"Brand" means any word,
name, group of letters,
symbol, trademark, or combination thereof adopted and used by a
supplier to identify a specific beer, malt beverage, wine, mixed
wine drink, or mixed spirit drink product and to distinguish that
product from another beer, malt beverage, wine, mixed wine drink,
or mixed spirit drink product that is produced or marketed by that
or
another supplier. As used in this section and notwithstanding
sections
305(2)(j) and 403(2)(j), subsection,
"supplier" means a
brewer, micro brewer, an outstate seller of beer, a wine maker, a
small wine maker, an outstate seller of wine, a manufacturer of
mixed wine drink, an outstate seller of a mixed wine drink, a mixed
spirit drink manufacturer, or an outstate seller of mixed spirit
drink.
(11) (8)
"Brand extension" means
any brand which that
incorporates all or a substantial part of the unique features of a
preexisting
brand of the same supplier. As used in this section and
notwithstanding
sections 305(2)(j) and 403(2)(j), subsection,
"supplier" means a brewer, micro brewer, an outstate seller of
beer, a wine maker, a small wine maker, an outstate seller of wine,
a manufacturer of mixed wine drink, an outstate seller of a mixed
wine drink, a mixed spirit drink manufacturer, or an outstate
seller of mixed spirit drink.
(12) (9)
"Brandy" means an
alcoholic liquor as defined in 27
CFR
5.22(d). (1980).
(13) (10)
"Brandy manufacturer"
means a wine maker or a small
wine
maker licensed under this act to manufacture , rectify, or
blend
brandy. only
and no other spirit. A wine
maker or small wine
maker authorized to manufacture brandy shall not manufacture any
other spirits. The commission may approve a brandy manufacturer to
sell
brandy that it manufactures , blends or rectifies, or both, at
its
licensed premises or at other premises authorized in this
act.at retail in accordance with section 537.
(14) (11)
"Brewer" means a person
located in this state that
is licensed to manufacture beer and sell at retail in accordance
with
section 537 and to licensed wholesalers
beer produced
manufactured by it.
(15) (12)
"Brewpub" means a license
issued in conjunction with
a class C, tavern, class A hotel, or class B hotel license that
authorizes the person licensed with the class C, tavern, class A
hotel, or class B hotel to manufacture and brew not more than
18,000
barrels of beer per calendar year in Michigan this state and
sell
at those its licensed premises the beer produced for
consumption on or off the licensed brewery premises in the manner
provided
for in sections 405, and 407, and 537.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No. 1154.
(b) Senate Bill No._1164.
(c) Senate Bill No. 1160.
(d) Senate Bill No. 1159.
(e) Senate Bill No._1166.
(f) Senate Bill No. 1155.
(g) Senate Bill No. 1161.
(h) Senate Bill No._1156.