December 1, 2009, Introduced by Reps. Geiss and Kennedy 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 1027 (MCL 436.2027), as amended by 2008 PA 218.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1027. (1) Unless otherwise provided by rule of the
commission, a person shall not conduct samplings or tastings of any
alcoholic liquor for a commercial purpose except at premises that
are licensed by the commission for the sale and consumption of
alcoholic liquor on the premises.
(2)
This section does not prevent either prohibit any of the
following:
(a) A vendor of spirits, brewer, wine maker, mixed spirit
drink manufacturer, small wine maker, outstate seller of beer,
outstate seller of wine, or outstate seller of mixed spirit drink,
or a bona fide market research organization retained by 1 of the
persons
named in this subsection subdivision, from conducting
samplings or tastings of an alcoholic liquor product before it is
approved for sale in this state if the sampling or tasting is
conducted pursuant to prior written approval of the commission.
(b) An on-premises licensee from giving a sampling or tasting
of alcoholic liquor to an employee of the licensee during the legal
hours for consumption for the purpose of educating the employee
regarding 1 or more types of alcoholic liquor so long as the
employee is at least 21 years of age.
(c) A small distiller licensee from giving a sampling or
tasting of brands it manufactures on the licensed premises.
(d) A micro brewer or brew pub from allowing the sampling and
consumption on the licensed premise of beer produced by 1 or more
home brewers at a meeting of home brewers, or a club composed
primarily of home brewers, under the following circumstances:
(i) The sampling or consumption is for the purpose of
exhibitions or competitions involving home brewers.
(ii) The beer is served in portions not to exceed 6 ounces.
(iii) No sale of beer is made to members of the general public.
(iv) The participants otherwise comply with applicable state
and federal law and applicable regulatory provisions of this act
and rules adopted by the commission under this act.
(3) A sampling or tasting of any alcoholic liquor in a home or
domicile for other than a commercial purpose is not subject to this
section.
(4)
For purposes of As used in
this section: ,
"commercial
(a) "Commercial purpose" means a purpose for which monetary
gain or other remuneration could reasonably be expected.
(b) "Home brewer" means a person manufacturing beer at his or
her home or farm, if the beer is to be consumed, free of
consideration to those persons consuming the beer, in the manner
provided for in subsection (2)(d), by that person, or by that
person's family and guests.