HB-5067, As Passed Senate, November 30, 2005
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5067
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending the title and section 105 (MCL 436.1105) and by adding
section 914.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to create a commission for the control of the alcoholic
beverage traffic within this state, and to prescribe its powers,
duties, and limitations; to provide for powers and duties for
certain state departments and agencies; to impose certain taxes for
certain purposes; to provide for the control of the alcoholic
liquor traffic within this state and to provide for the power to
establish state liquor stores; to prohibit the use of certain
devices for the dispensing of alcoholic vapor; to provide for the
care and treatment of alcoholics; to provide for the incorporation
of farmer cooperative wineries and the granting of certain rights
and privileges to those cooperatives; to provide for the licensing
and taxation of activities regulated under this act and the
disposition of the money received under this act; to prescribe
liability for retail licensees under certain circumstances and to
require security for that liability; to provide procedures,
defenses, and remedies regarding violations of this act; to provide
for the enforcement and to prescribe penalties for violations of
this act; to provide for allocation of certain funds for certain
purposes; to provide for the confiscation and disposition of
property seized under this act; to provide referenda under certain
circumstances; and to repeal acts and parts of acts.
Sec. 105. (1) "Alcohol" means the product of distillation of
fermented liquid, whether or not rectified or diluted with water,
but does not mean ethyl or industrial alcohol, diluted or not, that
has been denatured or otherwise rendered unfit for beverage
purposes.
(2) "Alcohol vapor device" means any device that provides for
the use of air or oxygen bubbled through alcoholic liquor to
produce a vapor or mist that allows the user to inhale this
alcoholic vapor through the mouth or nose.
(3) (2)
"Alcoholic liquor" means
any spirituous, vinous,
malt, or fermented liquor, liquids and compounds, whether or not
medicated, proprietary, patented, and by whatever name called,
containing 1/2 of 1% or more of alcohol by volume which are fit for
use for beverage purposes as defined and classified by the
commission according to alcoholic content as belonging to 1 of the
varieties defined in this chapter.
(4) (3)
"Authorized distribution
agent" means a person
approved by the commission to do 1 or more of the following:
(a) To store spirits owned by a supplier of spirits or the
commission.
(b) To deliver spirits sold by the commission to retail
licensees.
(c) To perform any function needed to store spirits owned by a
supplier of spirits or by the commission or to deliver spirits sold
by the commission to retail licensees.
(5) (4)
"Bar" means a barrier or
counter at which alcoholic
liquor is sold to, served to, or consumed by customers.
(6) (5)
"Beer" means any
beverage obtained by alcoholic
fermentation of an infusion or decoction of barley, malt, hops, or
other cereal in potable water.
(7) (6)
"Brand" means any word,
name, group of letters,
symbol, trademark, or combination thereof adopted and used by a
supplier to identify a specific beer, malt beverage, wine, mixed
wine drink, or mixed spirit drink product and to distinguish that
product from another beer, malt beverage, wine, mixed wine drink,
or mixed spirit drink product that is produced or marketed by that
or another supplier. As used in this section and notwithstanding
sections 305(2)(j) and 403(2)(j), "supplier" means a brewer, an
outstate seller of beer, a wine maker, a small wine maker, an
outstate seller of wine, a manufacturer of mixed wine drink, an
outstate seller of a mixed wine drink, a mixed spirit drink
manufacturer, or an outstate seller of mixed spirit drink.
(8) (7)
"Brand extension" means
any brand which incorporates
all or a substantial part of the unique features of a preexisting
brand of the same supplier. As used in this section and
notwithstanding sections 305(2)(j) and 403(2)(j), "supplier" means
a brewer, an outstate seller of beer, a wine maker, a small wine
maker, an outstate seller of wine, a manufacturer of mixed wine
drink, an outstate seller of a mixed wine drink, a mixed spirit
drink manufacturer, or an outstate seller of mixed spirit drink.
(9) (8)
"Brandy" means an
alcoholic liquor as defined in 27
C.F.R.
CFR 5.22(d) (1980).
(10) (9)
"Brandy manufacturer"
means a person licensed under
this act to engage in the manufacturing, rectifying or blending, or
both, of brandy only and no other distilled spirit. Only a licensed
wine maker or a small wine maker is eligible to be a brandy
manufacturer. The commission may approve a brandy manufacturer to
sell at retail brandy which it manufactures, blends or rectifies,
or both, at its licensed premises or at other premises authorized
in this act.
(11) (10)
"Brewer" means a person
located in this state that
is licensed to manufacture and sell to licensed wholesalers beer
produced by it.
(12) (11)
"Brewpub" means a
license issued in conjunction
with a class C, tavern, class A hotel, or class B hotel license
that authorizes the person licensed with the class C, tavern, class
A hotel, or class B hotel to manufacture and brew not more than
5,000 barrels of beer per calendar year in Michigan and sell at
those licensed premises the beer produced for consumption on or off
the licensed brewery premises in the manner provided for in
sections 405 and 407.
Sec. 914. (1) Except as otherwise provided in subsection (3),
a person shall not use or offer for use, possess, sell, or offer
for sale an alcohol vapor device.
(2) A person who violates subsection (1) is guilty of a
misdemeanor punishable in the manner provided for in section 909.
(3) The commission may jointly promulgate rules with the
department of community health to allow for the sale or use of an
alcohol vapor device for research purposes.