June 22, 2005, Introduced by Reps. Elsenheimer, Vander Veen, Huizenga, Kolb, Pastor, Palmer, Drolet, Proos, Nitz and Palsrok 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 203 (MCL 436.1203), as amended by 2000 PA 289.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 203. (1) Except as provided in this section and section
301, a sale, delivery, or importation of alcoholic liquor,
including alcoholic liquor for personal use, shall not be made in
this state unless the sale, delivery, or importation is made by the
commission, the commission's authorized agent or distributor, an
authorized distribution agent approved by order of the commission,
or
a person licensed by the commission , or by prior written
order of the commission.
(2) All spirits for sale, use, storage, or distribution in
this state shall originally be purchased by and imported into the
state by the commission or by prior written authority of the
commission.
(3) This section does not apply in the case of an alcoholic
liquor brought into this state for personal or household use in an
amount permitted by federal law by a person of legal age to
purchase alcoholic liquor at the time of reentry into this state
from without the territorial limits of the United States if the
person has been outside the territorial limits of the United States
for more than 48 hours and has not brought alcoholic liquor into
the United States during the preceding 30 days.
(4) (2) For purposes of subsection (1), the sale, delivery,
or importation of alcoholic liquor includes, but is not limited to,
the
sale, delivery, or importation of alcoholic liquor wine
transacted or caused to be transacted by means of any mail order,
internet, telephone, computer, device, or other electronic means.
Subject
to subsection (3), if If a retail sale, delivery, or
importation
of alcoholic liquor wine occurs by any such means
described
in this subsection, the retailer
person making the
retail sale must comply with all of the following:
(a) Be
appropriately licensed under the laws of this state
Hold a direct shipper permit.
(b) Pay
Annually pay any applicable taxes to the commission.
(c) Comply with all prohibitions of the laws of this state,
including, but not limited to, sales to minors.
(d) Verify the age of the individual placing the order by
obtaining from him or her an affirmation that he or she is of legal
age to purchase alcoholic liquor. The person receiving and
accepting the order shall record the name, address, date of birth,
and telephone number of the person placing the order on the order
form or other verifiable record of a type and generated in a manner
approved by the commission.
(e) Upon request of the commission, make available to the
commission any document used to verify the age of the individual
ordering
the alcoholic liquor wine from the retail
seller
direct shipper.
(f) Stamp, print, or label on the outside of the shipping
container language that clearly establishes in a prominent fashion
that
the package contains alcoholic liquor wine and that the
recipient at the time of the delivery is required to provide
identification verifying his or her age along with a signature.
(g) Place a label on the top panel of the shipping container
containing the name and address of the individual placing the order
and the name of the designated recipient, if any.
(h) Ship not more than 24 cases of wine, containing not more
than 9 liters in total per case, annually to any retail customer.
(i) Report to the commission quarterly the total amount of
wine, by type, brand, and price, shipped to retail customers in
this state during the preceding calendar year, and the names,
addresses, and amount of wine ordered by and shipped to specific
retail customers.
(j) Authorize and allow the commission and the department of
treasury to conduct an audit of the direct shipper's records, upon
request.
(k) Consent and submit to the jurisdiction of the commission,
the department of treasury, and the courts of this state concerning
enforcement of this section and any related laws, rules, and
regulations.
(5) (3) Notwithstanding subsection (2) (4), in the case of
a
retail sale, delivery, or importation of alcoholic liquor wine
occurring
by any means described in subsection (2) (4), a person
taking
the order on behalf of the retailer
direct shipper must
comply
with subsection (2)(c)
(4)(c) through (g).
(6) (4) The person who delivers the alcoholic
liquor wine
shall verify that the individual accepting delivery is of legal age
and
is either the individual who placed the order retail customer
or the designated recipient residing at the same address or is
otherwise authorized through a rule promulgated under this act by
the
commission to receive alcoholic liquor wine under this
section. If the delivery person, after a diligent inquiry,
determines
that the purchaser
retail customer or designated
recipient
is not of legal age, the delivery person shall return the
alcoholic
liquor wine to the
retailer direct shipper. A delivery
person
who returns alcoholic liquor wine to the retailer
direct
shipper
due to inability to obtain the purchaser's retail
customer's or designated recipient's legal age is not liable for
any
damages suffered by the purchaser
retail customer or
retailer
direct shipper.
(5)
All spirits for sale, use, storage, or distribution in
this
state, shall originally be purchased by and imported into the
state
by the commission, or by prior written authority of the
commission.
(6)
This section does not apply in the case of an alcoholic
liquor
brought into this state for personal or household use in an
amount
permitted by federal law by a person of legal age to
purchase
alcoholic liquor at the time of reentry into this state
from
without the territorial limits of the United States if the
person
has been outside the territorial limits of the United States
for
more than 48 hours and has not brought alcoholic liquor into
the
United States during the preceding 30 days.
(7) A person who is of legal age to purchase alcoholic liquor
may
do either of the following in relation to alcoholic
liquor
that
contains less than 21% alcohol by volume:
(a)
Personally personally transport from another state, once
in
a 24-hour period, not more than 312 ounces of alcoholic liquor
wine for that person's personal use, notwithstanding subsection
(1).
(b)
Ship or import from another state alcoholic liquor for
that
person's personal use so long as that personal importation is
done
in compliance with subsection (1).
(8)
As used in this section:
(a)
"Computer" means any connected, directly interoperable or
interactive
device, equipment, or facility that uses a computer
program
or other instructions to perform specific operations
including
logical, arithmetic, or memory functions with or on
computer
data or a computer program and that can store, retrieve,
alter,
or communicate the results of the operations to a person,
computer
program, computer, computer system, or computer network.
(b)
"Computer network" means the interconnection of hardwire
or
wireless communication lines with a computer through remote
terminals,
or a complex consisting of 2 or more interconnected
computers.
(c)
"Computer program" means a series of internal or external
instructions
communicated in a form acceptable to a computer that
directs
the functioning of a computer, computer system, or computer
network
in a manner designed to provide or produce products or
results
from the computer, computer system, or computer network.
(d)
"Computer system" means a set of related, connected or
unconnected,
computer equipment, devices, software, or hardware.
(e)
"Device" includes, but is not limited to, an electronic,
magnetic,
electrochemical, biochemical, hydraulic, optical, or
organic
object that performs input, output, or storage functions by
the
manipulation of electronic, magnetic, or other impulses.
(f)
"Diligent inquiry" means a diligent good faith effort to
determine
the age of a person, which includes at least an
examination
of an official Michigan operator's or chauffeur's
license,
an official Michigan personal identification card, or any
other
bona fide picture identification which establishes the
identity
and age of the person.
(8) A direct shipper shall not engage in the sale, delivery,
or importation of wine to a retail customer unless it applies for
and is granted a direct shipper permit from the commission. Only
the following persons qualify for the issuance of a direct shipper
permit:
(a) A wine maker currently holding a wine maker license in
this state.
(b) A wine maker located outside of this state and currently
holding an outstate seller of wine license.
(c) A wine maker located outside of this state and not
currently licensed as an outstate seller of wine but holding both a
federal basic permit issued by the bureau of alcohol, tobacco, and
firearms and licensed to manufacture wine in its state of domicile.
(9) An applicant for a direct shipper permit shall submit an
application to the commission in a written or electronic format
provided by the commission and accompanied by an application fee of
$100.00 and an initial permit fee of $100.00. If the application is
denied, the commission shall refund only the initial permit fee.
The application shall be accompanied by a copy or other evidence of
the existing federal basic permit or license, or both, held by the
applicant. The direct shipper may renew its permit annually by
submission of a $100.00 permit renewal fee and a renewal
application. The failure to renew or the revocation or suspension
of the applicant's existing Michigan license, federal basic permit,
or license to manufacture wine in its state of domicle is grounds
for revocation or denial of the direct shipper permit. The
commission shall promulgate rules to provide for the quarterly
reporting of all shipments made by direct shippers under this
section.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4990(request no.
03814'05).
(b) Senate Bill No.____ or House Bill No. 4989(request no.
03815'05).
(c) Senate Bill No.____ or House Bill No. 4988(request no.
03816'05).