January 13, 2011, Introduced by Rep. Geiss 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 1027 (MCL 436.2027), as amended by 2010 PA 213.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1027. (1) Unless otherwise provided by rule of the
commission, a person shall not conduct samplings or tastings of any
alcoholic liquor for a commercial purpose except at premises that
are licensed by the commission for the sale and consumption of
alcoholic liquor on the premises.
(2)
Notwithstanding section 1025(1) 1025, a retailer licensed
by the commission for consumption on the premises may allow
customers to sample beer, wine, and distilled spirits so long as
the retailer does not charge for the samples provided to customers.
Sample serving sizes shall not exceed 3 ounces for beer, 2 ounces
for wine, and 1/2 ounce for distilled spirits. A customer shall not
be provided more than 2 samples within a 24-hour period per
licensed premises.
(3)
This section does not prevent either prohibit any of the
following:
(a) A vendor of spirits, brewer, wine maker, mixed spirit
drink manufacturer, small wine maker, outstate seller of beer,
outstate seller of wine, or outstate seller of mixed spirit drink,
or a bona fide market research organization retained by 1 of the
persons named in this subsection, from conducting samplings or
tastings of an alcoholic liquor product before it is approved for
sale in this state if the sampling or tasting is conducted pursuant
to prior written approval of the commission.
(b) An on-premises licensee from giving a sampling or tasting
of alcoholic liquor to an employee of the licensee during the legal
hours for consumption for the purpose of educating the employee
regarding 1 or more types of alcoholic liquor so long as the
employee is at least 21 years of age.
(c) A small distiller licensee from giving a sampling or
tasting of brands it manufactures on the licensed premises or an
off-site tasting facility operated by that small distiller.
(d) A micro brewer or brew pub from allowing the sampling and
consumption on the licensed premise of beer produced by 1 or more
home brewers at a meeting of home brewers, or a club composed
primarily of home brewers, under the following circumstances:
(i) The sampling or consumption is for the purpose of
exhibitions or competitions involving home brewers.
(ii) The beer is served in portions not to exceed 6 ounces.
(iii) No sale of beer is made to members of the general public.
(iv) The participants otherwise comply with applicable state
and federal law and applicable regulatory provisions of this act
and rules adopted by the commission under this act.
(4) A vendor of spirits or a manufacturer may conduct a
consumer sampling event on the premises of a holder of a specially
designated distributor license upon submission of a completed
application to the commission.
(5) The holder of the consumer sampling event license shall
comply with the following:
(a) The commission must be notified in writing a minimum of 10
working days prior to the event with the date, time, and location
of the event.
(b) The consumer sampling event is limited to 3 events per
vendor of spirits or manufacturer per specially designated
distributor license per month.
(c) The vendor of spirits or manufacturer conducting the
consumer sampling event must have a licensed representative present
at the specially designated distributor's establishment.
(d) Licensed representatives or an authorized representative
may distribute merchandise, not to exceed $100.00 in value, to
consumers 21 years of age or older during the event.
(e) Participating specially designated distributor licensees
do not receive any fee or other valuable consideration for
participating in the event.
(f) Each consumer is limited to 3 samples, which total no more
than 1/3 ounce of distilled spirits per serving.
(g) The consumer is not charged for and does not purchase any
sample.
(h) The alcoholic liquor used in the consumer sampling event
is provided by the vendor of spirits or manufacturer, and purchased
at the minimum retail selling price fixed by the commission from
the specially designated distributor on whose premises the event is
located. The vendor of spirits or manufacturer shall remove any
unfinished product from the premises at which the event is held
upon completion of the event.
(i) A consumer sampling event shall not be allowed when the
sale of alcoholic liquor is otherwise prohibited on the premises at
which the event is conducted.
(j) Samples are not to be offered to, or allowed to be
consumed by, any person under the legal age for consuming alcoholic
liquor.
(k) A consumer sampling event may be advertised in any type of
media and the advertisements may include the date, time, location,
and other information regarding the event.
(l) The participating vendor of spirits or manufacturer and
specially designated distributor licensees must comply with this
act and commission rules.
(m) The vendor of spirits or manufacturer must demonstrate
that the individual actually conducting the sampling has
successfully completed the server training program in the manner
provided for in section 906 and rules promulgated by the
commission.
(6) Violation of this section subjects the vendor of spirits
or manufacturer to the sanctions and penalties as provided for
under this act.
(7) The commission, by rule or issuance of an order, may
further define eligibility for licensure and processes for
conducting consumer sampling events.
(8) A sampling or tasting of any alcoholic liquor in a home or
domicile for other than a commercial purpose is not subject to this
section.
(9)
For purposes of As used in
this section:,
"commercial
(a) "Commercial purpose" means a purpose for which monetary
gain or other remuneration could reasonably be expected.
(b) "Home brewer" means a person manufacturing beer at his or
her home or farm, if the beer is to be consumed, free of
consideration to those persons consuming the beer, in the manner
provided for in subsection (3)(d), by that person, or by that
person's family and guests.