SB-0356, As Passed Senate, June 15, 2017

 

 

 

 

 

 

 

 

 

 

 

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 on or after April 30, 2020 expires April 30 of every

 

third year after the salesperson license was issued.

 

     (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 subsection (5), an individual shall

 

not sell, deliver, promote, or otherwise assist in the sale of

 

alcoholic liquor in any manner to a retailer in this state unless

 

licensed under this section.

 

     (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) The commission's administrative order 2016-05 for product

 

adjustments.

 

     (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 alcoholic

 

liquor.

 

     (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.