October 2, 2013, Introduced by Rep. Stamas 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 1021 (MCL 436.2021), as amended by 2005 PA 21.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1021. (1) The commission shall not require a licensee to
sell or serve food 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) Except as otherwise provided in subsection (3), a
purchaser shall not remove alcoholic liquor sold by a vendor for
consumption on the premises 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 cap the bottle or 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) This act and rules promulgated under this act 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-
does not prevent a guest or invitee from
entering and exiting the licensed premises with alcoholic liquor
purchased from an off-premises retailer.
(5) Notwithstanding section 901(6), an on-premises licensee
may allow for the consumption of wine that is produced by a wine
maker, a small wine maker, or an out-of-state entity that is the
substantial equivalent of a wine maker or small wine maker and that
is brought into the licensed premises in its original sealed
container by a consumer who is not prohibited under this act from
possessing wine. The licensee shall not allow the consumer to
remove a partially consumed bottle of wine brought by the consumer
unless the licensee or the licensee's clerk, agent, or employee
caps the bottle or reinserts the cork so that the top of the cork
is level with the lip of the bottle. The licensee shall charge a
minimum corkage fee of $25.00 for each bottle of wine brought by
the consumer and opened on the premises by the licensee or the
licensee's clerk, agent, or employee. This subsection does not
exempt the licensee or the consumer from any other applicable
requirements, responsibilities, or sanctions imposed under this