February 4, 2009, Introduced by Senators PAPPAGEORGE, RICHARDVILLE, GILBERT and SANBORN and referred to the Committee on Economic Development and Regulatory Reform.
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 public on-premises licensee who is licensed for the sale of
beer, wine, and spirits 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
beer, wine, and 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 beer, wine, and spirits. Issuance of the permit does
not allow the permit holder to deliver beer, wine, and spirits but
not serve the beer, wine, and 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, as a supplement to that on-premises license, to
allow the sale and delivery of beer, wine, and spirits in the
original sealed container at locations other than the licensed
premises and to require the permit holder to provide for service of
beer, wine, and 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 beer, wine, and spirits but does not provide for the
service of the beer, wine, and 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) This section does not prohibit an on-premises licensee who
is also the holder of a catering permit from selling beer, wine,
and spirits to a person who has obtained a special license under
section 527.
(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) A holder of a catering permit is subject to all sanctions,
liabilities, and penalties provided under this act or under law.