BEER & WINE: REFUND & REPLACEMENT S.B. 357:
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 357 (as reported without amendment)
Sponsor: Senator Rebekah Warren
CONTENT
The bill would amend the Michigan Liquor Control Code to allow a wholesaler or manufacturer to refund to a retailer the amount the retailer paid for beer or wine, as applicable, or allow a wholesaler or manufacturer to replace that beer or wine for any of the following reasons:
-- The beer or wine was outdated.
-- Seasonal closing of the retailer.
-- The retailer went out of business or the Michigan Liquor Control Commission placed the retailer's license in escrow.
-- Driver or salesperson delivery error.
-- The retailer made an order error.
-- The supplier discontinued the brand.
-- The Commission suspended or revoked the retailer's license.
-- A short fill.
-- The beer or wine was off taste or off color; had sediment in it; or was adulterated, contaminated, or spoiled.
-- Breakers or leakers at the time of delivery.
-- Internal Revenue Service or Michigan Department of Treasury seizure.
-- Salable product not used by a special licensee.
If the beer were within 30 days of its out-of-date code, a wholesaler could make an adjustment in the form of a refund on beer that was within 30 days of its out-of-date code.
(These provisions generally would codify the Michigan Liquor Control Commission's Administrative Order No. 2016-05.)
Proposed MCL 436.1609c Legislative Analyst: Drew Krogulecki
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 5-25-17 Fiscal Analyst: Josh Sefton
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.