HOUSE BILL No. 5516

 

December 14, 2005, Introduced by Reps. Kolb, Byrnes, Alma Smith, Zelenko, Bieda, Kathleen Law, Proos and Brown 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 603 (MCL 436.1603).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 603. (1) Except as provided in subsection (6) and section

 

605, a manufacturer, mixed spirit drink manufacturer, warehouser,

 

wholesaler, outstate seller of beer, outstate seller of wine,

 

outstate seller of mixed spirit drink, or vendor of spirits shall

 

not have any financial interest, directly or indirectly, in the

 

establishment, maintenance, operation, or promotion of the business

 

of any other vendor.

 

     (2) Except as provided in subsection (6) and section 605, a

 

manufacturer, mixed spirit drink manufacturer, warehouser,


 

wholesaler, outstate seller of beer, outstate seller of wine,

 

outstate seller of mixed spirit drink, or vendor of spirits or a

 

stockholder of a manufacturer, mixed spirit drink manufacturer,

 

warehouser, wholesaler, outstate seller of beer, outstate seller of

 

wine, outstate seller of mixed spirit drink, or vendor of spirits

 

shall not have an interest by ownership in fee, leasehold,

 

mortgage, or otherwise, directly or indirectly, in the

 

establishment, maintenance, operation, or promotion of the business

 

of any other vendor.

 

     (3) Except as provided in subsection (6) and section 605, a

 

manufacturer, mixed spirit drink manufacturer, warehouser,

 

wholesaler, outstate seller of beer, outstate seller of wine,

 

outstate seller of mixed spirit drink, or vendor of spirits shall

 

not have an interest directly or indirectly by interlocking

 

directors in a corporation or by interlocking stock ownership in a

 

corporation in the establishment, maintenance, operation, or

 

promotion of the business of any other vendor.

 

     (4) Except as provided in subsection (6) and section 605, a

 

person shall not buy the stocks of a manufacturer, mixed spirit

 

drink manufacturer, warehouser, wholesaler, outstate seller of

 

beer, outstate seller of wine, outstate seller of mixed spirit

 

drink, or vendor of spirits and place the stock in any portfolio

 

under an arrangement, written trust agreement, or form of

 

investment trust agreement and issue participating shares based

 

upon the portfolio, trust agreement, or investment trust agreement,

 

and sell the participating shares within this state.

 

     (5) The commission may approve a brandy manufacturer to sell


 

brandy made by that brandy manufacturer in a restaurant for

 

consumption on or off the premises if the restaurant is owned by

 

the brandy manufacturer or operated by another person under an

 

agreement approved by the commission and is located on the premises

 

where the brandy manufacturer is licensed. Brandy sold for

 

consumption off the premises under this subsection shall be sold at

 

the uniform price established by the commission.

 

     (6) A brewpub may have an interest in  up  either of the

 

following:

 

     (a) Up to 2 other brewpubs so long as the combined production

 

of all the locations in which the brewpub has an interest does not

 

exceed 5,000 barrels of beer per calendar year.

 

     (b) A micro brewer so long as the combined production of both

 

the micro brewer and the brewpub is less than 30,000 barrels of

 

beer per calendar year.