MCL - Section 436.2025

Act 58 of 1998

436.2025 Giving away alcoholic liquor prohibited; exception; sale to intoxicated individual prohibited; inadmissibility of breathalyzer or blood alcohol test results.

Sec. 1025.

    (1) Except as otherwise provided in subsection (3), and subject to subsection (2), a vendor shall not give away any alcoholic liquor of any kind or description at any time in connection with his or her business, except a vendor that is a manufacturer for consumption on the premises only.
    (2) Subsection (1) does not prevent any of the following:
    (a) A vendor of spirits, brewer, mixed spirit drink manufacturer, wine maker, 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 subdivision, 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) A person from conducting any sampling or tasting authorized by rule of the commission.
    (c) The holder of a farmer's market permit from conducting a tasting authorized under section 415.
    (d) A person from conducting any sampling or tasting authorized under section 537.
    (e) A retailer licensed for consumption on the premises from conducting a sampling authorized under section 1027(2).
    (f) A person from conducting a sampling at a consumer sampling event authorized under section 1027(4) and (5).
    (g) A class A or B hotel designed to attract and accommodate tourists and visitors in a resort area from giving away alcoholic liquor to an invitee or guest in connection with a business event or as a part of a room special or promotion for overnight accommodations.
    (3) A wholesaler or manufacturer may give samples of beer or wine to an employee of the wholesaler if all of the following conditions are met:
    (a) The sampling is for the purpose of educating the employee regarding the beer or wine.
    (b) The employee is at least 21 years of age.
    (c) The sampling takes place on the licensed premises of the wholesaler.
    (4) A vendor shall not sell an alcoholic liquor to an individual in an intoxicated condition.
    (5) Evidence of any breathalyzer or blood alcohol test results obtained in a licensed establishment, or on property adjacent to the licensed premises and under the control or ownership of the licensee, is not admissible to prove a violation of this section, section 707(1), (2), (3), or (4), or section 801(1). To establish a violation of this section, section 707(1), (2), (3), or (4), or section 801(1), the individual's intoxicated condition at the time of the sale or consumption of alcohol must be proven by direct observation by law enforcement or commission enforcement personnel or through other admissible witness statements or corroborating evidence obtained as part of the standard investigation other than breathalyzer or blood alcohol test results.

History: 1998, Act 58, Imd. Eff. Apr. 14, 1998 ;-- Am. 2002, Act 725, Imd. Eff. Dec. 30, 2002 ;-- Am. 2008, Act 11, Imd. Eff. Feb. 29, 2008 ;-- Am. 2010, Act 213, Imd. Eff. Nov. 17, 2010 ;-- Am. 2017, Act 88, Imd. Eff. July 12, 2017 ;-- Am. 2019, Act 131, Imd. Eff. Nov. 21, 2019