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HOUSE BILL NO. 5926
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 203 (MCL 436.1203), as amended by 2021 PA 16.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 203. (1) Except as provided in this section and section 1
301, a person shall not sell, deliver, or import alcoholic liquor, 2
including alcoholic liquor for personal use, in this state unless 3
the sale, delivery, or importation is made by the commission, the 4
commission's authorized agent or distributor, an authorized 5
distribution agent approved by order of the commission, a person 6
licensed by the commission, or by prior written order of the 7
April 30, 2026, Introduced by Reps. Wendzel, Wozniak, Bierlein, Roth, Kunse and Slagh and
referred to Committee on Regulatory Reform.
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commission. 1
(2) Notwithstanding R 436.1011(7)(b) and R 436.1527 of the 2
Michigan Administrative Code and except as provided in subsections 3
(3), (12), (13), (14), (15), and (16), a retailer shall not deliver 4
alcoholic liquor to a consumer in this state at the home or 5
business of the consumer or at any location away from the licensed 6
premises of the retailer. The purpose of this subsection is to 7
exercise this state's authority under section 2 of Amendment XXI of 8
the Constitution of the United States, to maintain the inherent 9
police powers to regulate the transportation and delivery of 10
alcoholic liquor, and to promote a transparent system for the 11
transportation and delivery of alcoholic liquor. The regulation 12
described in this subsection is considered necessary for both of 13
the following reasons: 14
(a) To promote the public health, safety, and welfare. 15
(b) To maintain strong, stable, and effective regulation by 16
having beer and wine sold by retailers to consumers in this state 17
by passing through the 3-tier distribution system established under 18
this act. 19
(3) For purposes of subsection (1), a qualified retailer that 20
holds a specially designated merchant license located in this state 21
may use a common carrier to deliver beer, wine, and mixed spirit 22
drink to a consumer in this state. A qualified retailer that holds 23
a specially designated distributor license located in this state 24
may use a common carrier to deliver spirits to a consumer in this 25
state. A qualified retailer that uses a common carrier to deliver 26
beer, wine, mixed spirit drink, or spirits to a consumer under this 27
subsection shall comply with all of the following: 28
(a) Pay any applicable taxes to the commission and pay any 29
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applicable taxes to the department of treasury as directed by the 1
department of treasury. On the request of the department of 2
treasury, a qualified retailer shall furnish an affidavit to verify 3
payment. 4
(b) Comply with all laws of this state, including, but not 5
limited to, the prohibition on sales to minors. 6
(c) Verify the age of the individual placing the order by 7
obtaining from him or her the individual a copy of a photo 8
identification issued by this state, another state, or the federal 9
government or by using an identification verification service. The 10
person receiving and accepting the order on behalf of the qualified 11
retailer shall record the name, address, date of birth, and 12
telephone number of the individual placing the order on the order 13
form or other verifiable record of a type and generated in a manner 14
approved by the commission and provide a duplicate to the 15
commission. 16
(d) On request of the commission, make available to the 17
commission any document used to verify the age of the individual 18
ordering or receiving the beer, wine, mixed spirit drink, or 19
spirits from the qualified retailer. 20
(e) Stamp, print, or label on the outside of the shipping 21
container that the package "Contains Alcohol. Must be delivered to 22
a person 21 years of age or older.". The recipient at the time of 23
the delivery shall provide identification verifying his or her the 24
recipient's age and sign for the delivery. 25
(f) Place a label on the top panel of the shipping container 26
containing the name and address of the individual placing the order 27
and the name of the designated recipient if different from the name 28
of the individual placing the order. 29
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(g) For a qualified retailer that has been issued licenses at 1
2 or more locations, the shipment of the beer, wine, mixed spirit 2
drink, or spirits must be fulfilled from the location nearest to 3
the consumer unless that location does not have the beer, wine, 4
mixed spirit drink, or spirits ordered in stock. 5
(4) For purposes of subsection (1), a direct shipper may sell, 6
deliver, or import wine to consumers in this state by means of any 7
mail order, internet, telephone, computer, device, or other 8
electronic means, or sell directly to a consumer on the winery 9
premises. A direct shipper that sells, delivers, or imports wine to 10
a consumer under this subsection shall comply with all of the 11
following: 12
(a) Hold a direct shipper license. 13
(b) Pay any applicable taxes to the commission and pay any 14
applicable taxes to the department of treasury as directed by the 15
department of treasury. On the request of the department of 16
treasury, a direct shipper shall furnish an affidavit to verify 17
payment. 18
(c) Comply with all laws of this state, including, but not 19
limited to, the prohibition on sales to minors. 20
(d) Verify the age of the individual placing the order by 21
obtaining from him or her the individual a copy of a photo 22
identification issued by this state, another state, or the federal 23
government or by using an identification verification service. The 24
person receiving and accepting the order on behalf of the direct 25
shipper shall record the name, address, date of birth, and 26
telephone number of the individual placing the order on the order 27
form or other verifiable record of a type and generated in a manner 28
approved by the commission and provide a duplicate to the 29
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commission. 1
(e) On request of the commission, make available to the 2
commission any document used to verify the age of the individual 3
ordering or receiving the wine from the direct shipper. 4
(f) Stamp, print, or label on the outside of the shipping 5
container that the package "Contains Alcohol. Must be delivered to 6
a person 21 years of age or older.". The recipient at the time of 7
the delivery shall provide photo identification verifying his or 8
her the recipient's age and sign for the delivery. 9
(g) Place a label on the top panel of the shipping container 10
containing the name and address of the individual placing the order 11
and the name of the designated recipient if different from the name 12
of the individual placing the order. The direct shipper must have 13
received a registration number of approval from the commission for 14
any wine imported into this state. However, the registration number 15
of approval from the commission is not required to be on the 16
invoice or on the label of the wine that the direct shipper sells, 17
delivers, or imports to a consumer in this state. 18
(h) Direct ship not more than 1,500 9,000 9-liter cases, or 19
13,500 81,000 liters in total, of wine in a calendar year to 20
consumers in this state. If a direct shipper, whether located in 21
this state or outside this state, owns, in whole or in part, or 22
commonly manages 1 or more direct shippers, it shall not in 23
combination ship to consumers in this state more than 13,500 81,000 24
liters of wine in the aggregate. 25
(i) Pay wine taxes quarterly and report to the commission 26
quarterly the total amount of wine, by type, brand, and price, 27
shipped to consumers in this state during the preceding calendar 28
quarter, and the order numbers. 29
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(j) Authorize and allow the commission and the department of 1
treasury to conduct an audit of the direct shipper's records. 2
(k) Consent and submit to the jurisdiction of the commission, 3
the department of treasury, and the courts of this state concerning 4
enforcement of this section and any related laws, rules, and 5
regulations. 6
(l) For a direct shipper that is a wine manufacturer as 7
described in subsection (10)(b), direct ship only the wine that the 8
wine manufacturer has manufactured and registered with the 9
commission, wine purchased from another wine manufacturer and 10
further manufactured or bottled and registered with the commission, 11
or labeled shiners purchased from another manufacturer in 12
compliance with section 204a and registered with the commission. 13
(5) For a delivery of beer, wine, mixed spirit drink, or 14
spirits through the use of a common carrier under subsection (3), a 15
person taking the order on behalf of the qualified retailer shall 16
comply with subsection (3)(b) to (f). For a sale, delivery, or 17
importation of wine occurring by any means described in subsection 18
(4), a person taking the order on behalf of the direct shipper 19
shall comply with subsection (4)(c) to (g). 20
(6) A person that delivers the wine for a direct shipper under 21
this section shall verify that the individual accepting delivery is 22
21 years of age or older and is the individual who placed the order 23
or the designated recipient, is an individual 21 years of age or 24
older currently occupying or present at the address, or is an 25
individual otherwise authorized through a rule promulgated under 26
this act by the commission to receive alcoholic liquor under this 27
section. If the delivery person, after a diligent inquiry, 28
determines that the purchaser or designated recipient is not 21 29
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years of age or older, the delivery person shall return the wine to 1
the direct shipper. A delivery person who returns wine to the 2
direct shipper because the purchaser or designated recipient is not 3
21 years of age or older is not liable for any damages suffered by 4
the purchaser or direct shipper. 5
(7) All spirits for sale, use, storage, or distribution in 6
this state must originally be purchased by and imported into the 7
state by the commission, or by prior written authority of the 8
commission. 9
(8) This section does not apply to alcoholic liquor brought 10
into this state for personal or household use in an amount 11
permitted by federal law by an individual 21 years of age or older 12
at the time of reentry into this state from outside the territorial 13
limits of the United States if the individual has been outside the 14
territorial limits of the United States for more than 48 hours and 15
has not brought alcoholic liquor into the United States during the 16
preceding 30 days. 17
(9) An individual 21 years of age or older may do either of 18
the following in relation to alcoholic liquor that contains less 19
than 21% alcohol by volume: 20
(a) Personally transport from another state, once in a 24-hour 21
period, not more than 312 ounces of alcoholic liquor for that 22
individual's personal use, notwithstanding subsection (1). 23
(b) Ship or import from another state alcoholic liquor for 24
that individual's personal use if that personal importation is done 25
in compliance with subsection (1). 26
(10) A direct shipper shall not sell, deliver, or import wine 27
to a consumer unless it applies for and is granted a direct shipper 28
license from the commission. This subsection does not prohibit wine 29
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tasting or the selling at retail by a wine maker of wines he or she 1
produced and bottled or wine manufactured for that wine maker by 2
another wine manufacturer, if done in compliance with this act. 3
Only the following persons qualify for the issuance of a direct 4
shipper license: 5
(a) A wine maker. 6
(b) A wine manufacturer that is located inside this country 7
but outside of this state and that holds both a federal basic 8
permit issued by the Alcohol and Tobacco Tax and Trade Bureau of 9
the United States Department of Treasury and a license to 10
manufacture wine in its state of domicile. 11
(11) An applicant for a direct shipper license shall submit an 12
application to the commission in a written or electronic format 13
provided by the commission and accompanied by an application and 14
initial license fee of $100.00. The initial application must be 15
accompanied by a copy or other verifiable evidence of the existing 16
federal basic permit or license, or both, held by the applicant. 17
The direct shipper may renew its license annually by submission of 18
a license renewal fee of $100.00 and a completed renewal 19
application. The commission shall use the fees collected under this 20
section to conduct investigations and audits of direct shippers. 21
The failure to renew, or the revocation or suspension of, the 22
applicant's existing Michigan license, federal basic permit, or 23
license to manufacture wine in its state of domicile is grounds for 24
revocation or denial of a direct shipper license. If a direct 25
shipper is found guilty of violating this act or a rule promulgated 26
by the commission, the commission shall notify both the alcoholic 27
liquor control agency in the direct shipper's state of domicile and 28
the Alcohol and Tobacco Tax and Trade Bureau of the United States 29
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Department of Treasury of the violation. 1
(12) A retailer that holds a specially designated merchant 2
license, a brewpub, a micro brewer, or an out-of-state entity that 3
is the substantial equivalent of a brewpub or micro brewer may 4
deliver beer, wine, or mixed spirit drink, as allowed by the 5
license the retailer holds, to the home or other designated 6
location of a consumer in this state if all of the following 7
conditions are met: 8
(a) The beer, wine, or mixed spirit drink is delivered by the 9
retailer's, brewpub's, or micro brewer's employee. 10
(b) The retailer, brewpub, or micro brewer or its employee who 11
delivers the beer or wine, or both, verifies that the individual 12
accepting delivery is at least 21 years of age. 13
(c) If the retailer, brewpub, or micro brewer or its employee 14
intends to provide service to consumers, the retailer, brewpub, or 15
micro brewer or its employee providing the service has successfully 16
completed a server training program as provided for in section 906. 17
(13) A retailer that holds a specially designated merchant 18
license may use a third party that provides delivery service to 19
municipalities in this state that are surrounded by water and 20
inaccessible by motor vehicle to deliver beer, wine, and mixed 21
spirit drink to the home or other designated location of that 22
consumer if the delivery service is approved by the commission and 23
agrees to verify that the individual accepting delivery of the 24
beer, wine, and mixed spirit drink is at least 21 years of age. 25
(14) A retailer that holds a specially designated distributor 26
license may deliver spirits to the home or other designated 27
location of a consumer in this state if all of the following 28
conditions are met: 29
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(a) The spirits are delivered by the retailer's employee. 1
(b) The retailer or its employee who delivers the spirits 2
verifies that the individual accepting delivery is at least 21 3
years of age. 4
(c) If the retailer or its employee intends to provide service 5
to consumers, the retailer or its employee providing the service 6
has successfully completed a server training program as provided 7
for in section 906. 8
(15) A qualified retailer that holds a specially designated 9
merchant license located in this state may use a third party 10
facilitator service by means of the internet or mobile application 11
to facilitate the sale of beer, wine, or mixed spirit drink to be 12
delivered to the home or designated location of a consumer as 13
provided in subsection (12), this subsection, or subsection (3), 14
and a third party facilitator service may deliver beer, wine, or 15
mixed spirit drink to a consumer on behalf of a qualified retailer 16
that holds a specially designated merchant license located in this 17
state, if all of the following conditions are met: 18
(a) If the third party facilitator service delivers beer, 19
wine, or mixed spirit drink under this subsection, the third party 20
facilitator service verifies that the individual accepting the 21
delivery of the beer, wine, or mixed spirit drink is at least 21 22
years of age. 23
(b) A manufacturer, warehouser, wholesaler, outstate seller of 24
beer, outstate seller of wine, supplier of spirits, or outstate 25
seller of mixed spirit drink does not have a direct or indirect 26
interest in the third party facilitator service. 27
(c) A manufacturer, warehouser, wholesaler, outstate seller of 28
beer, outstate seller of wine, supplier of spirits, or outstate 29
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seller of mixed spirit drink does not aid or assist the third party 1
facilitator service by gift, loan of money or property of any 2
description, or other valuable thing as defined in section 609, and 3
the third party facilitator service does not accept the same. 4
(d) The qualified retailer or consumer pays the fees 5
associated with deliveries provided for under this subsection. 6
(e) The third party facilitator service offers services for 7
all brands available at the retail location. 8
(16) A qualified retailer that holds a specially designated 9
distributor license located in this state may use a third party 10
facilitator service by means of the internet or mobile application 11
to facilitate the sale of spirits to be delivered to the home or 12
designated location of a consumer as provided in subsection (14) or 13
this subsection, and a third party facilitator service may deliver 14
spirits to a consumer on behalf of a retailer that holds a 15
specially designated distributor license located in this state, if 16
all of the following conditions are met: 17
(a) If the third party facilitator service delivers spirits 18
under this subsection, the third party facilitator service verifies 19
that the individual accepting the delivery of the spirits is at 20
least 21 years of age. 21
(b) A manufacturer, warehouser, wholesaler, outstate seller of 22
beer, outstate seller of wine, supplier of spirits, or outstate 23
seller of mixed spirit drink does not have a direct or indirect 24
interest in the third party facilitator service. 25
(c) A manufacturer, warehouser, wholesaler, outstate seller of 26
beer, outstate seller of wine, or supplier of spirits, or outstate 27
seller of mixed spirit drink does not aid or assist a third party 28
facilitator service by gift, loan of money or property of any 29
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description, or other valuable thing as defined in section 609, and 1
a third party facilitator service does not accept the same. 2
(d) The qualified retailer or consumer pays the fees 3
associated with deliveries provided for under this subsection. 4
(e) The third party facilitator service offers services for 5
all brands available at the retail location. 6
(17) A third party facilitator service shall not deliver beer, 7
wine, mixed spirit drink, or spirits to a consumer under subsection 8
(15) or (16), as applicable, and shall not facilitate the sale of 9
beer, wine, mixed spirit drink, or spirits under subsection (15) or 10
(16), as applicable, unless it applies for and is granted a third 11
party facilitator service license by the commission. The commission 12
may charge a reasonable application fee, initial license fee, and 13
annual license renewal fee. The commission shall establish a fee 14
under this subsection by written order. 15
(18) If a third party facilitator service used by a retailer 16
that holds a specially designated merchant or specially designated 17
distributor license under subsection (15) or (16), as applicable, 18
violates this section, the commission shall not treat the third 19
party facilitator service's violation as a violation by the 20
retailer. 21
(19) A common carrier that carries or transports alcoholic 22
liquor into this state to a person in this state shall submit 23
quarterly reports to the commission. A report required under this 24
subsection must include all of the following about each delivery to 25
a consumer in this state during the preceding calendar quarter: 26
(a) The name and business address of the person that ships the 27
alcoholic liquor. 28
(b) The name and address of the recipient of the alcoholic 29
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liquor. 1
(c) The weight of the alcoholic liquor delivered to a 2
consignee. 3
(d) The date of the delivery. 4
(20) For purposes of subsection (1), a qualified small 5
distiller or an out-of-state entity that is the substantial 6
equivalent of a qualified small distiller may sell and deliver 7
spirits that it manufactured to a retailer licensed to purchase and 8
sell spirits in this state if all of the following conditions are 9
met: 10
(a) The spirits are sold and delivered by an employee of the 11
qualified small distiller or an out-of-state entity that is the 12
substantial equivalent of a qualified small distiller, not an 13
agent, and are transported and delivered using a vehicle owned by 14
the qualified small distiller or the out-of-state entity that is 15
the substantial equivalent of a qualified small distiller. 16
(b) The qualified small distiller or an out-of-state entity 17
that is the substantial equivalent of a qualified small distiller 18
complies with all applicable state and federal law and applicable 19
regulatory provisions of this act and rules adopted by the 20
commission under this act including, but not limited to, those 21
requirements related to each of the following: 22
(i) Employees that sell and deliver spirits to retailers. 23
(ii) Vehicles used to deliver spirits to retailers. 24
(iii) Uniform pricing established by the commission under 25
section 233. 26
(iv) Labeling and registration of spirits under R 436.1829 of 27
the Michigan Administrative Code. 28
(v) Payment of taxes. 29
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(c) The spirits are not listed in the state of Michigan price 1
book. 2
(21) A common carrier described in subsection (19) shall 3
maintain the books, records, and documents supporting a report 4
submitted under subsection (19) for 3 years unless the commission 5
notifies the common carrier in writing that the books, records, and 6
supporting documents may be destroyed. Within Not later than 30 7
days after the commission's request, the common carrier shall make 8
the books, records, and documents available for inspection during 9
normal business hours. Within Not later than 30 days after a local 10
law enforcement agency's or local governmental unit's request, the 11
common carrier shall also make the books, records, and documents 12
available for inspection to a local law enforcement agency or local 13
governmental unit where the carrier resides or does business. 14
(22) A third party facilitator service that delivers beer, 15
wine, mixed spirit drink, or spirits to a consumer under subsection 16
(15) or (16), as applicable, shall submit quarterly reports to the 17
commission. A report required under this subsection must include 18
all of the following about each delivery to a consumer in this 19
state during the preceding calendar quarter: 20
(a) The name and business address of the person that ships 21
beer, wine, mixed spirit drink, or spirits. 22
(b) The name and address of the recipient of beer, wine, mixed 23
spirit drink, or spirits. 24
(c) The weight of beer, wine, mixed spirit drink, or spirits 25
delivered to a consignee. 26
(d) The date of the delivery. 27
(23) A third party facilitator service shall maintain the 28
books, records, and documents supporting a report submitted under 29
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subsection (22) for 3 years unless the commission notifies the 1
third party facilitator service in writing that the books, records, 2
and supporting documents may be destroyed. Within Not later than 30 3
days after the commission's request, the third party facilitator 4
service shall make the books, records, and documents available for 5
inspection during normal business hours. Within Not later than 30 6
days after a local law enforcement agency's or local governmental 7
unit's request, the third party facilitator service shall also make 8
the books, records, and documents available for inspection to a 9
local law enforcement agency or local governmental unit where the 10
third party facilitator service resides or does business. 11
(24) A report submitted under subsection (19) or (22) is 12
subject to disclosure under the freedom of information act, 1976 PA 13
442, MCL 15.231 to 15.246. 14
(25) As used in this section: 15
(a) "Common carrier" means a company that transports goods, on 16
reasonable request, on regular routes and at set rates. 17
(b) "Computer" means any connected, directly interoperable or 18
interactive device, equipment, or facility that uses a computer 19
program or other instructions to perform specific operations 20
including logical, arithmetic, or memory functions with or on 21
computer data or a computer program and that can store, retrieve, 22
alter, or communicate the results of the operations to a person, 23
computer program, computer, computer system, or computer network. 24
(c) "Computer network" means the interconnection of hardwire 25
or wireless communication lines with a computer through remote 26
terminals, or a complex consisting of 2 or more interconnected 27
computers. 28
(d) "Computer program" means a series of internal or external 29
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instructions communicated in a form acceptable to a computer that 1
directs the functioning of a computer, computer system, or computer 2
network in a manner designed to provide or produce products or 3
results from the computer, computer system, or computer network. 4
(e) "Computer system" means a set of related, connected or 5
unconnected, computer equipment, devices, software, or hardware. 6
(f) "Consumer" means an individual who purchases beer, wine, 7
mixed spirit drink, or spirits for personal consumption and not for 8
resale. 9
(g) "Device" includes, but is not limited to, an electronic, 10
magnetic, electrochemical, biochemical, hydraulic, optical, or 11
organic object that performs input, output, or storage functions by 12
the manipulation of electronic, magnetic, or other impulses. 13
(h) "Diligent inquiry" means a diligent good faith effort to 14
determine the age of an individual, that includes at least an 15
examination of an official Michigan operator's or chauffeur's 16
license, an official Michigan personal identification card, or any 17
other bona fide picture identification that establishes the 18
identity and age of the individual. 19
(i) "Direct shipper" means either of the following: 20
(i) A wine manufacturer that sells, delivers, or imports wine 21
it has manufactured, bottled, and registered with the commission, 22
to consumers in this state or that is transacted or caused to be 23
transacted through the use of any mail order, internet, telephone, 24
computer, device, or other electronic means, or sells directly to 25
consumers on the winery premises. 26
(ii) A wine manufacturer that purchases wine from another wine 27
manufacturer and further manufactures or bottles the wine or 28
purchases shiners of wine from another wine manufacturer in 29
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compliance with section 204a, registers the wine with the 1
commission and sells the wine to consumers in this state that is 2
transacted or caused to be transacted through the use of any mail 3
order, internet, telephone, computer, device, or other electronic 4
means, or sells directly to consumers on the winery premises. 5
(j) "Facilitate" means, subject to subdivision (k), 6
advertising on behalf of a retailer, by means of the internet or 7
mobile application, and pursuant to a written or oral agreement, 8
the brands and prices of beer, wine, or spirits products sold by a 9
retailer and 1 or more of the following: 10
(i) Assisting the retailer, in any manner, in the arrangement 11
of delivery as allowed in this section. 12
(ii) Assisting the retailer, in any manner, in the processing 13
of payment by the consumer for the beer, wine, or spirits. 14
(iii) Transmitting customer information to the retailer. 15
(iv) Assisting the retailer by providing customer service. 16
(v) If the retailer maintains supervision and control over the 17
day-to-day operation of its business, providing other normal and 18
customary operational services. 19
(k) "Facilitate" does not include web designing, operating an 20
internet search engine, or publishing an internet version of a 21
newspaper. 22
(l) "Identification verification service" means an internet-23
based service approved by the commission specializing in age and 24
identity verification. 25
(m) "Mobile application" means a specialized software program 26
downloaded onto a wireless communication device. 27
(n) "Qualified retailer" means a retailer licensed to sell 28
alcoholic liquor for consumption off the premises that complies 29
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with all of the following: 1
(i) The retailer maintains physical licensed premises that are 2
open to the general public for face-to-face sales transactions of 3
alcoholic liquor, packaged food, and other products to consumers. 4
(ii) At least 25% of the retailer's annual gross sales of 5
alcoholic liquor must be from face-to-face sales transactions with 6
consumers on the premises described in subparagraph (i) unless the 7
retailer's physical licensed premises is less than 15,000 square 8
feet in total. 9
(iii) The retailer holds and maintains either of the following 10
for the premises described in subparagraph (i): 11
(A) A retail food establishment license issued under the food 12
law, 2000 PA 92, MCL 289.1101 to 289.8111. As used in this sub-13
subparagraph, "retail food establishment" means that term as 14
defined in section 1111 of the food law, 2000 PA 92, MCL 289.1111. 15
(B) An extended retail food establishment license issued under 16
the food law, 2000 PA 92, MCL 289.1101 to 289.8111. As used in this 17
sub-subparagraph, "extended retail food establishment" means that 18
term as defined in section 1107 of the food law, 2000 PA 92, MCL 19
289.1107. 20
(o) "Qualified small distiller" means a small distiller, or an 21
out-of-state entity that is the substantial equivalent of a small 22
distiller, that sells under 3,000 gallons of spirits per calendar 23
year directly to retailers located in this state or out-of-state 24
entities that are the substantial equivalent of retailers. If a 25
small distiller or an out-of-state entity that is the substantial 26
equivalent of a qualified small distiller manufactures spirits at 27
more than 1 location, the total number of gallons of spirits sold 28
to retailers or out-of-state entities that are the substantial 29
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equivalent of retailers from all locations must be combined to 1
determine the 3,000-gallon threshold. 2
(p) "Third party facilitator service" means a person licensed 3
by the commission to do any of the following: 4
(i) Facilitate the sale of beer, wine, and mixed spirit drink 5
to a consumer as provided in subsection (15) on behalf of a 6
qualified retailer that holds a specially designated merchant 7
license located in this state. 8
(ii) Facilitate the sale of spirits to a consumer as provided 9
in subsection (16) on behalf of a qualified retailer that holds a 10
specially designated distributor license located in this state. 11
(iii) Deliver beer, wine, and mixed spirit drink to a consumer 12
as provided in subsection (15) on behalf of a qualified retailer 13
that holds a specially designated merchant license located in this 14
state. 15
(iv) Deliver spirits to a consumer as provided in subsection 16
(16) on behalf of a qualified retailer that holds a specially 17
designated distributor license located in this state. 18