March 25, 2014, Introduced by Reps. Hovey-Wright, Daley, Lauwers, Kowall, Graves, Potvin, Bumstead, Yonker, Jacobsen, Denby, Pscholka, Haveman, Haines, Slavens, Haugh, LaFontaine, Pettalia, Rogers, Singh, Irwin, Lipton, Abed, Knezek, Darany, Roberts, Lamonte, Cochran, LaVoy, Geiss, Segal, Faris, Lane, Brinks, Schor, Kivela, Dianda, Driskell, Switalski, Hobbs, Dillon, Brown, Kosowski, Lund, Kelly, Victory, Pagel and MacGregor 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 415 (MCL 436.1415), as added by 2013 PA 100.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 415. (1) Subject to the limitations provided under this
section, the commission may issue a farmer's market permit to a
qualified small wine maker or a micro brewer. Regardless of the
location of the qualified small wine maker or micro brewer, the
commission shall only issue 1 farmer's market permit for a
qualified small wine maker and 1 farmer's market permit for a micro
brewer in a county where the farmer's market is located for each
1,500 of population or fraction of 1,500 in that county as
determined by the last federal decennial census, by a special
census pursuant to section 6 of the home rule city act, 1909 PA
279, MCL 117.6, or section 7 of the Glenn Steil state revenue
sharing act of 1971, 1971 PA 140, MCL 141.907, or by the latest
census and corrections published by the United States department of
commerce, bureau of the census, whichever is later. The holder of a
farmer's market permit may conduct tastings and sell, at retail at
a farmer's market, the wine produced by that qualified small wine
maker or the beer produced by that micro brewer.
(2) The commission shall charge a fee for a farmer's market
permit of $25.00 for each farmer's market location. A farmer's
market permit issued under this section is nontransferable.
Notwithstanding the quota provision under subsection (1), the
commission shall not limit the number of permits a qualified small
wine maker or a micro brewer obtains under this section, but an
application for a farmer's market permit shall only contain up to 5
separate locations at 1 time. Section 503 does not apply to the
application or issuance of a permit under this section or to the
location of a farmer's market where the holder of a farmer's market
permit intends to participate under this section.
(3) The commission shall not issue a farmer's market permit
under this section unless the applicant provides documentation, in
a manner prescribed by the commission, that the local police agency
where the farmer's market is located and the farmer's market
manager at that location have approved the proposed activity.
(4) The tastings and sales performed under a farmer's market
permit shall be limited to an exclusive area that is well defined
and clearly marked, in a manner prescribed by the commission, that
is under the control of the holder of the farmer's market permit,
as verified by the farmer's market manager.
(5) The tastings and sales performed under a farmer's market
permit shall be conducted by employees of the holder of the
farmer's market permit who have completed a server training program
as provided for in section 906 and the rules promulgated by the
(6) The wine or beer sold or used for tastings shall be
furnished from the stock of the holder of the farmer's market
permit and removed from the farmer's market premises immediately
after the farmer's market has concluded.
(7) Tasting samples provided to a customer shall not exceed 3
servings of not more than 2 ounces of wine or 3 ounces of beer in a
24-hour period of time.
(8) The commission shall develop an application for an annual
farmer's market permit allowing for licensed activities under this
section. A farmer's market manager shall verify on the application
that the location listed on the application qualifies as a farmer's
market under this section.
(9) A wholesaler shall not conduct or participate in any event
allowed by this section.
(10) A holder of a farmer's market permit is considered a
manufacturer as provided under section 603(15)(a).
Two years after the enactment date of the amendatory act that
added this section, By July
2, 2015, the commission shall
submit a report to the standing committees of the senate and house
of representatives concerned with issues involving liquor control
and the house and senate fiscal agencies assessing the continued
issuance of farmer's market permits to qualified small wine makers
and micro brewers. The report shall include, at a minimum, all of
(a) The number of applications received each year for a
farmer's market permit.
(b) The number of farmer's market permit applications approved
(c) The number of farmer's market permit applications approved
in each county.
(12) As used in this section:
(a) "Farmer's market" means a group of farmers or their
designees or a variety of vendors, as determined by the farmer's
market manager or his or her designee, who assembles on a recurring
basis at a defined community sponsored or municipally sponsored
location for the purposes of selling, directly to a consumer, food
and products produced by those farmers or their representatives.
(b) "Farmer's market manager" means the person responsible for
enforcing the market policy and for the daily operation and
management of the farmer's market.
(c) "Farmer's market permit" means an annual permit issued as
part of an approved license to a qualified small wine maker or a
micro brewer allowing that person to conduct tastings and sell at
retail, for consumption off the licensed premises, at a farmer's
market, wine produced by the qualified small wine maker or beer
produced by the micro brewer.
(d) "Qualified small wine maker" means a small wine maker, or
an out-of-state entity that is the substantial equivalent of a
small wine maker, that manufactures or bottles not more than 5,000
gallons of wine in 1 calendar year.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5427 (request no.
05055'14 *) of the 97th Legislature is enacted into law.