SB-0356, As Passed House, September 20, 2017

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 356

     A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

(MCL 436.1101 to 436.2303) by adding section 502.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 502. (1) The commission shall issue a salesperson license

to an individual who has successfully completed a salesperson

accreditation program under subsection (6) and who is a designated

employee of any of the following persons:

     (a) A manufacturer of beer.

     (b) A manufacturer of wine.

     (c) An outstate seller of beer.

     (d) An outstate seller of wine.

     (e) A wholesaler.

     (2) A salesperson license issued under this section after the

effective date of the amendatory act that added this section but

before April 30, 2020 expires on April 30, 2020. A salesperson

license issued under this section is renewable every 3 years with

the first triennial renewal cycle beginning May 1, 2020. The

commission may charge a reasonable initial license fee and

triennial renewal fee. The commission shall establish a fee under

this section by written order. The nonrefundable inspection fee

under section 529(4) is not required for an application for a new

salesperson license or transfer of a salesperson license.

     (3) The commission shall not issue a salesperson license under

this section unless the applicant submits with his or her

application written documentation that the applicant has

successfully completed a salesperson accreditation program. The

commission shall not renew a salesperson license under this section

unless the licensee submits with his or her application proof

acceptable to the commission that the licensee has successfully

completed a salesperson accreditation program no more than 120 days

before the date the licensee submits his or her renewal

application.

     (4) Except as provided in this subsection and subsection (5),

an individual shall not sell, deliver, promote, or otherwise assist

in the sale of beer or wine in any manner to a retailer in this

state unless licensed under this section. An individual licensed as

a salesperson under R 436.1853 of the Michigan Administrative Code

before the effective date of the amendatory act that added this

section shall comply with requirements of this section on renewal

of his or her salesperson license, application for a subsequent

salesperson license under a different employer, or a request to

transfer his or her salesperson license to a different employer.

     (5) This section does not require an individual who is at

least 18 years of age and who only does any of the following to be

licensed as a salesperson:

     (a) Builds a display of those brands that are represented or

sold by the individual's employer for an off-premises retailer.

     (b) Marks the price on those brands that are represented or

sold by the individual's employer for an off-premises retailer.

     (c) Rotates brands that are represented or sold by the

individual's employer for an off-premises retailer.

     (d) Places brands that are represented or sold by the

individual's employer on shelves for an off-premises retailer.

     (e) The holder of a Michigan commercial driver license or

chauffeur's license who transports, in a vehicle licensed by the

commission under section 525, and delivers alcoholic liquor to a

retailer.

     (6) The commission shall approve a salesperson license

accreditation program designed for salesperson licensees if the

commission determines that the program's curriculum includes an

understanding of all of the following:

     (a) Section 609.

     (b) Section 609a.

     (c) Section 609b.

     (d) The provisions of section 1013 that require the sale or

purchase of alcoholic liquor by a licensee for cash only.

     (e) R 436.1315 of the Michigan Administrative Code.

     (f) R 436.1319 of the Michigan Administrative Code.

     (g) R 436.1726 of the Michigan Administrative Code.

     (h) The commission's order for on-premises brand promotions

issued October 27, 1999.

     (i) Product adjustments as provided for in this act.

     (7) A person described in subsection (1)(a) to (e) or a

qualified trade association may apply to the commission for

qualification as an administrator for the offering of a salesperson

accreditation program.

     (8) On approval of a salesperson accreditation program under

subsection (6), the commission shall appoint the person or

qualified trade association sponsoring the salesperson

accreditation program as administrator of that program.

     (9) As used in this section:

     (a) "Administrator" means a person described in subsection

(1)(a) to (e) or a qualified trade association authorized by the

commission to offer salesperson accreditation programs.

     (b) "Designated employee" means an individual who sells,

delivers, promotes, or otherwise assists in the sale of beer or

wine.

     (c) "Qualified trade association" means a trade association

that represents a person described in subsection (1)(a) to (e) that

employs individuals to act as salespersons.

     (d) "Salesperson accreditation program" means a program that

the commission approves under subsection (6) and that is offered by

an administrator.

     Enacting section 1. This amendatory act takes effect 180 days

after the date it is enacted into law.