SB-0186, As Passed Senate, May 20, 2009
SUBSTITUTE FOR
SENATE BILL NO. 186
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
(MCL 436.1101 to 436.2303) by adding section 545.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 545. (1) As used in this section:
(a) "Private event" means an event where no consideration, as
defined in section 913(5), is paid by the guests.
(b) "Catering permit" means a permit issued by the commission
to a holder of a public on-premises license for the sale of
spirits, or the holder of another state's substantially equivalent
license, and is also licensed as a food service establishment under
the food law of 2000, 2000 PA 92, MCL 289.1101 to 289.8111, that
enables the permit holder to sell and deliver spirits in the
original sealed container to a person for off-premises consumption
so long as the sale is not by the glass or drink and requires the
permit holder to provide the service of the spirits. Issuance of
the permit does not allow the permit holder to deliver spirits but
not serve the spirits.
(2) Spirits sold by an on-premises licensee under the catering
permit authorized by this section shall not be sold at less than
the minimum retail price fixed by the commission and pursuant to
rules promulgated by the commission for specially designated
distributors pursuant to section 229.
(3) The commission may issue a catering permit to a public on-
premises licensee, or the holder of another state's substantially
equivalent license, as a supplement to that on-premises license, to
allow the sale and delivery of spirits in the original sealed
container at locations other than the licensed premises and to
require the permit holder to provide for service of spirits at the
private event where the alcoholic liquor is not resold to guests.
The commission shall not issue a catering permit to an applicant
whose food service establishment delivers spirits but does not
provide for the service of the spirits.
(4) This section does not limit the number of catering permits
the commission may issue within any local unit of government.
(5) This section does not prevent the holder from using the
catering permit at multiple locations and events during the same
time period.
(6) Notwithstanding subsection (3), this section does not
prohibit a holder of a catering permit from selling spirits to a
person who has obtained a special license under section 527.
Senate Bill No. 186 as amended May 20, 2009
(7) An applicant for a catering permit shall apply on a form
approved and provided by the commission and pay an application and
processing fee of $70.00 and a catering permit fee of $300.00 at
the time of issuance. The on-premises licensee shall also pay the
catering permit fee at the time of renewal of the on-premises
license.
(8) The person delivering the spirits shall verify that the
person accepting delivery is at least 21 years of age. The catering
permit holder may utilize a third party that provides delivery
service to municipalities in this state that are surrounded by
water and inaccessible by motor vehicle to deliver spirits to the
designated location of the private event so long as the delivery
service is approved by the commission and agrees to verify that the
person accepting delivery of the spirits is at least 21 years of
age.
(9) The catering permit holder providing the service, or an
employee of the catering permit holder, must have successfully
completed a server training program approved by the commission.
(10) The catering permit holder delivering the spirits, or an
employee of the permit holder, shall have in his or her possession
while delivering the spirits documentation demonstrating that the
spirits being delivered are for a private event being conducted
pursuant to this section.
(11) A holder of a catering permit is subject to all
sanctions, liabilities, and penalties provided under this act or
under law.
<<(12) A catering permit holder who sells and delivers spirits in violation of section 203 is liable for an administrative fine of not more than $1,000.00.>>