May 2, 2017, Introduced by Reps. Bellino, Geiss, Neeley, Cox, Allor, Schor, Afendoulis and Moss 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 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) 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) (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.
(7) (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.