HB-5046, As Passed House, December 12, 2013HB-5046, As Passed Senate, December 12, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 5046

     A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

by amending section 1021 (MCL 436.2021), as amended by 2005 PA 21.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1021. (1) The commission shall not require a licensee to

sell or serve food to a purchaser of alcoholic liquor. The

commission shall not require a class A hotel or class B hotel to

provide food services to registered guests or to the public.

     (2) Except as otherwise provided in subsection (3), a

purchaser shall not remove alcoholic liquor sold by a vendor for

consumption on the premises from those premises.

     (3) A vendor licensed to sell wine on the premises may allow

an individual who has purchased a meal and who has purchased and

partially consumed a bottle of wine with the meal, to remove the

partially consumed bottle from the premises upon departure. This

subsection does not allow the removal of any additional unopened

bottles of wine unless the vendor is licensed as a specially

designated merchant. The licensee or the licensee's clerk, agent,

or employee shall cap the bottle or reinsert a cork so that the top

of the cork is level with the lip of the bottle. The transportation

or possession of the partially consumed bottle of wine shall be in

compliance with section 624a of the Michigan vehicle code, 1949 PA

300, MCL 257.624a.

     (4) This act and rules promulgated under this act do not

prevent a class A or B hotel designed to attract and accommodate

tourists and visitors in a resort area from allowing its invitees

or guests to possess or consume, or both, on or about its premises

, alcoholic liquor purchased by the invitee or guest from an off-

premises retailer , and does not prevent a guest or invitee from

entering and exiting the licensed premises with alcoholic liquor

purchased from an off-premises retailer.

     (5) Notwithstanding section 901(6), an on-premises licensee

may, in a manner as determined by that licensee, allow for the

consumption of wine that is produced by a wine maker, a small wine

maker, or an out-of-state entity that is the substantial equivalent

of a wine maker or small wine maker and that is brought into the

licensed premises in its original sealed container by a consumer

who is not prohibited under this act from possessing wine. The

licensee shall not allow the consumer to remove a partially

consumed bottle of wine brought by the consumer unless the licensee

or the licensee's clerk, agent, or employee caps the bottle or

reinserts the cork so that the top of the cork is level with the

lip of the bottle. The licensee may charge a corkage fee for each

bottle of wine brought by the consumer and opened on the premises

by the licensee or the licensee's clerk, agent, or employee. This

subsection does not exempt the licensee or the consumer from any

other applicable requirements, responsibilities, or sanctions

imposed under this act.