HB-4559, As Passed House, May 25, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4559

 

 

May 2, 2017, Introduced by Reps. Barrett, Bellino, Marino, Elder, Iden, Roberts, Leutheuser, Moss, Dianda, VanderWall, Jones, Griffin, Chirkun, Camilleri, Lasinski, Hughes, Peterson, Durhal, Lucido, Greimel, Guerra, Webber, Zemke, Sneller, Kesto, Inman, Cox, Phelps, Yanez, Hauck, Cole, Maturen, Vaupel, Sheppard, Hertel, Calley, Crawford, Whiteford, Victory, Howell, LaFave, Wittenberg, Cochran, Greig, Tedder, Green, Kelly, Rendon, Kosowski, Hernandez, Frederick, McCready, Liberati, Lilly, Sabo, Faris, Sowerby, VanSingel, LaSata, Santana, Geiss, Neeley, Allor, Graves, Schor and Afendoulis 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 1025 (MCL 436.2025), as amended by 2010 PA 213.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1025. (1) A Except as otherwise provided in subsection

 

(3), and subject to subsection (2), a vendor shall not give away

 

any alcoholic liquor of any kind or description at any time in

 

connection with his or her business, except manufacturers a vendor

 

that is a manufacturer for consumption on the premises only.

 

     (2) Subsection (1) does not prevent any of the following:

 

     (a) A vendor of spirits, brewer, mixed spirit drink

 

manufacturer, wine maker, 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) A person from conducting any sampling or tasting

 

authorized by rule of the commission.

 

     (c) The holder of a farmer's market permit from conducting a

 

tasting authorized under section 415.

 

     (d) (b) A person from conducting of any sampling or tasting

 

authorized by under section 537. or rule of the commission.

 

     (e) A retailer licensed for consumption on the premises from

 

conducting a sampling authorized under section 1027(2).

 

     (f) A person from conducting a sampling at a consumer sampling

 

event authorized under section 1027(4) and (5).

 

     (g) (c) A class A or B hotel designed to attract and

 

accommodate tourists and visitors in a resort area from giving away

 

alcoholic liquor to an invitee or guest in connection with a

 

business event or as a part of a room special or promotion for

 

overnight accommodations.

 

     (3) A wholesaler or manufacturer may give samples of beer or

 

wine to an employee of the wholesaler if all of the following

 

conditions are met:

 

     (a) The sampling is for the purpose of educating the employee

 

regarding the beer or wine.

 

     (b) The employee is at least 21 years of age.

 

     (c) The sampling takes place on the licensed premises of the

 

wholesaler.

 

     (4) (3) A vendor shall not sell an alcoholic liquor to a

House Bill No. 4559 as amended May 24, 2017

person an individual in an intoxicated condition.

 

     (5) (4) Evidence of any breathalyzer or blood alcohol test

 

results obtained in a licensed establishment, or on property

 

adjacent to the licensed premises and under the control or

 

ownership of the licensee, shall is not [be] admissible to prove a

 

violation of this section, section 707(1), (2), (3), or (4), or

 

section 801(2). To establish a violation of this section, section

 

707(1), (2), (3), or (4), or section 801(2), the person's

 

individual's intoxicated condition at the time of the sale or

 

consumption of alcohol must be proven by direct observation by law

 

enforcement or commission enforcement personnel or through other

 

admissible witness statements or corroborating evidence obtained as

 

part of the standard investigation other than breathalyzer or blood

 

alcohol test results.