HB-4557, As Passed Senate, June 22, 2017

SUBSTITUTE FOR

HOUSE BILL NO. 4557

     A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

by amending section 909 (MCL 436.1909), as amended by 2010 PA 175.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 909. (1) Except as otherwise provided in this act, a

person, other than a person required to be licensed under this act,

who violates this act is guilty of a misdemeanor.

     (2) Except as otherwise provided in this act, a licensee who

violates this act, or a rule or regulation promulgated under this

act, is guilty of a misdemeanor punishable by imprisonment for not

more than 6 months or a fine of not more than $500.00, or both.

     (3) A person who performs any an act for which a license is

required under this act without first obtaining that license or who

sells alcoholic liquor in a county that has prohibited the sale of

alcoholic liquor under section 1107 is guilty of a felony

punishable by imprisonment for not more than 1 year or by a fine of

not more than $1,000.00, or both.

     (4) A person, whether or not a licensee, who violates section

901(4) is subject to the following penalties or sanctions:

     (a) A person who sells, delivers, or imports spirits in

violation of section 901(4) in the amount of at least 80,000

milliliters is guilty of a felony punishable by imprisonment for

not more than 4 years or a fine of not more than $5,000.00, or

both.

     (b) A person who sells, delivers, or imports spirits in

violation of section 901(4) in the amount of at least 8,000

milliliters but less than 80,000 milliliters is guilty of a

misdemeanor punishable by imprisonment for not more than 93 days or

a fine of not more than $2,500.00, or both.

     (c) A person who sells, delivers, or imports spirits in

violation of section 901(4) in the amount of less than 8,000

milliliters is responsible for a state civil infraction and may be

ordered to pay a civil fine of not more than $1,000.00.

     (5) Subject to subsection (6), a person, whether or not a

licensee, who sells, delivers, or imports beer or wine in violation

of section 203(1) is subject to the following penalties or

sanctions:

     (a) A person who sells, delivers, or imports beer or wine in

violation of section 203(1) in the amount of at least 225,000

milliliters is guilty of a felony punishable by imprisonment for

not more than 4 years or a fine of not more than $5,000.00, or

both.

     (b) A person who sells, delivers, or imports beer or wine in

violation of section 203(1) in the amount of at least 45,000

milliliters but less than 225,000 milliliters is guilty of a

misdemeanor punishable by imprisonment for not more than 93 days or

a fine of not more than $2,500.00, or both.

     (c) A person who sells, delivers, or imports beer or wine in

violation of section 203(1) in the amount of less than 45,000

milliliters is responsible for a state civil infraction and may be

ordered to pay a civil fine of not more than $500.00.

     (6) As used in subsection (5), "person" does not include any

of the following:

     (a) An air carrier as that term is defined in 49 USC 40102.

     (b) A freight forwarder as that term is defined in 49 USC

13102.

     (c) A motor carrier as that term is defined in 49 USC 13102.

(7) (5) The remedies under this act are cumulative and

independent. The use of 1 remedy by a person does not bar the use

of other lawful remedies by that the person or the use of a lawful

remedy by another person.

(8) (6) It is the intent of the legislature that the court, in

imposing punishment under this section, should discriminate between

casual or slight violations and habitual sales of alcoholic liquor

or attempts to commercialize violations of this act or the rules or

regulations promulgated under this act.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.