June 16, 2005, Introduced by Senators EMERSON, THOMAS, SWITALSKI, OLSHOVE, GILBERT, CLARKE, SCHAUER, BARCIA, CLARK-COLEMAN, BRATER, SANBORN, BASHAM, BERNERO, BISHOP, SCOTT, CHERRY, LELAND, PRUSI and GOSCHKA and referred to the Committee on Government Operations.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending sections 113, 203, and 607 (MCL 436.1113, 436.1203, and
436.1607), section 203 as amended by 2000 PA 289.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 113. (1) "Tavern" means any place licensed to sell at
retail beer and wine for consumption on the premises only.
(2) "Vehicle" means any means of transportation by land, by
water, or by air.
(3) "Vendor" means a person licensed by the commission to sell
alcoholic liquor.
(4) "Vendor of spirits" means a person selling spirits to the
commission.
(5) "Warehouse" means a premises or place primarily
constructed, used, or provided with facilities for the storage in
transit or other temporary storage of perishable goods or for the
conduct of a warehousing business, or for both.
(6) "Warehouser" means a licensee authorized by the commission
to
store alcoholic beverages liquor, but prohibited from
making
sales or deliveries to retailers unless the licensee is also the
holder
of a wholesaler or manufacturer license issued by the
commission.
(7) "Wholesaler" means a person who sells beer, wine, or mixed
spirit drink only to retailers or other licensees, and who sells
sacramental wine as provided in section 301.
(8) "Wine" means the product made by the normal alcoholic
fermentation of the juice of sound, ripe grapes, or any other fruit
with the usual cellar treatment, and containing not more than 21%
of alcohol by volume, including fermented fruit juices other than
grapes and mixed wine drinks.
(9) "Wine maker" means any person licensed by the commission
to
manufacture wine, and sell, at wholesale or retail, wine
manufactured
by that person to sell that wine
to a wholesaler, at
retail on the licensed winery premises, and as provided for in
sections 537 and 603.
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,
a person licensed by the commission, or by prior written order of
the commission.
(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 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 a retail sale, delivery, or importation of
alcoholic liquor occurs by any such means, the retailer must comply
with all of the following:
(a) Be appropriately licensed under the laws of this state.
(b) 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 from the retail seller.
(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 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.
(3) Notwithstanding subsection (2), in the case of a retail
sale, delivery, or importation of alcoholic liquor occurring by any
means described in subsection (2), a person taking the order on
behalf of the retailer must comply with subsection (2)(c) through
(g).
(4) The person who delivers the alcoholic liquor shall verify
that the individual accepting delivery is of legal age and is
either the individual who placed the order 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 under this section. If the delivery
person, after a diligent inquiry, determines that the purchaser or
designated recipient is not of legal age, the delivery person shall
return the alcoholic liquor to the retailer. A delivery person who
returns alcoholic liquor to the retailer due to inability to obtain
the purchaser's or designated recipient's legal age is not liable
for any damages suffered by the purchaser or retailer.
(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) A wine maker or small wine maker shall not directly ship
wine to any person in this state for personal consumption or for
any noncommercial purpose.
(7) (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.
(8) (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 transport from another state, once in a 24-hour
period, not more than 312 ounces of alcoholic liquor 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).
(9) (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.
Sec. 607. (1) Except as provided in section 537(2), a
warehouser, mixed spirit drink manufacturer, wholesaler, outstate
seller of beer, outstate seller of wine, outstate seller of mixed
spirit drink, wine maker, small wine maker, or vendor of spirits
shall not be licensed as a specially designated merchant or a
specially designated distributor or permitted to sell or deliver to
the consumer any quantity of alcoholic liquor at retail.
(2) A specially designated distributor or specially designated
merchant or any other retailer shall not hold a mixed spirit drink
manufacturer, wholesale, warehouse, outstate seller of beer,
outstate seller of mixed spirit drink, wine maker, small wine
maker, or outstate seller of wine license.
(3) A brewer, warehouser, or wholesaler shall not be licensed
as
a specially designated merchant. , except for brewers who
manufacture
less than 200,000 barrels of beer per year. This
subsection shall
does not affect the operation of a brewery
hospitality room.
(4) A wholesaler may sell or deliver beer and alcoholic liquor
to hospitals, military establishments, governments of federal
Indian reservations, and churches requiring sacramental wines and
may sell to the wholesaler's own employees to a limit of 2 cases of
24 12-ounce units or its equivalent of malt beverage per week, or 1
case of 12 1-liter units or its equivalent of wine or mixed spirit
drink per week.