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SENATE BILL NO. 1084
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 109 (MCL 436.1109), as amended by 2021 PA 19,
and by adding section 609l.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 109. (1) "Manufacture" means to distill, rectify, 1
ferment, brew, make, produce, filter, mix, concoct, process, or 2
blend an alcoholic liquor or to complete a portion of 1 or more of 3
these activities. Manufacture does not include bottling or the 4
mixing or other preparation of drinks for serving by those persons 5
July 01, 2026, Introduced by Senator WOJNO and referred to Committee on Regulatory Affairs.
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authorized under this act to serve alcoholic liquor for consumption 1
on the licensed premises. In addition, manufacture does not include 2
attaching a label to a shiner. All containers or packages of 3
alcoholic liquor must state clearly the name, city, and state of 4
the bottler. 5
(2) "Manufacturer" means, except as provided in section 603, a 6
person that manufactures alcoholic liquor, whether located in or 7
out of this state, including, but not limited to, a distiller, a 8
small distiller, a rectifier, a mixed spirit drink manufacturer, a 9
mixed wine drink manufacturer, a wine maker, a small wine maker, a 10
brewer, and a micro brewer. 11
(3) "Manufacturing premises" means the licensed premises of a 12
manufacturer where the manufacturer manufactures alcoholic liquor 13
or, for a small wine maker only, bottles wine. 14
(4) "Master distributor" means, except as provided in section 15
307, a wholesaler that acts in the same or similar capacity as a 16
brewer, wine maker, mixed spirit drink manufacturer, outstate 17
seller of wine, outstate seller of beer, or outstate seller of 18
mixed spirit drink for a brand or brands of beer, wine, or mixed 19
spirit drink to other wholesalers on a regular basis in the normal 20
course of business. 21
(5) "Micro brewer" means a brewer that manufactures in total 22
less than 60,000 barrels of beer per year and that may sell the 23
beer manufactured to consumers at the licensed brewery premises for 24
consumption on or off the licensed brewery premises and to 25
retailers as provided in section 203a. In determining the 60,000-26
barrel threshold, all brands and labels of a brewer, whether 27
manufactured in this state or outside this state, must be combined 28
and all facilities for the manufacturing of beer that are owned or 29
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controlled by the same person must be treated as a single facility. 1
(6) "Minor" means an individual less than 21 years of age. 2
(7) "Mixed spirit drink" means a drink manufactured and 3
packaged or sold by a mixed spirit drink manufacturer or sold by an 4
outstate seller of mixed spirit drink to a wholesaler that meets 5
either any of the following conditions: 6
(a) Contains 10% or less alcohol by volume consisting of 7
spirits mixed with nonalcoholic beverages or flavoring or coloring 8
materials and that may also contain 1 or more of the following: 9
(i) Water. 10
(ii) Fruit juices. 11
(iii) Fruit adjuncts. 12
(iv) Sugar. 13
(v) Carbon dioxide. 14
(vi) Preservatives. 15
(b) Meets both of the following conditions: 16
(i) Contains more than 10% and not more than 13.5% alcohol by 17
volume consisting of spirits mixed with nonalcoholic beverages and 18
flavoring or coloring materials and that may also contain 1 or more 19
ingredients listed in subdivision (a). 20
(ii) Is filled in a metal container that meets all of the 21
following conditions: 22
(A) The container has the general shape and design of a can 23
that has a liquid capacity that does not exceed 24 ounces. 24
(B) The container has a closure that is an integral part of 25
the container. 26
(C) The container cannot be readily closed after opening. 27
(c) Meets both of the following conditions: 28
(i) Contains more than 13.5% and not more than 21% alcohol by 29
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volume consisting of spirits mixed with nonalcoholic beverages and 1
flavoring or coloring materials and that may also contain 1 or more 2
ingredients listed in subdivision (a). 3
(ii) Is filled in a metal container that meets all of the 4
following conditions: 5
(A) The container has the general shape and design of a can 6
that has a liquid capacity of more than 200ml and does not exceed 7
24 ounces. 8
(B) The container has a closure that is an integral part of 9
the container. 10
(C) The container cannot be readily closed after opening. 11
(8) "Mixed spirit drink manufacturer" means a person licensed 12
under this act to manufacture mixed spirit drink in this state and 13
to sell mixed spirit drink at retail in accordance with section 14
537, or to a wholesaler, or to a retailer as provided in section 15
203b. For purposes of rules promulgated by the commission, a mixed 16
spirit drink manufacturer is treated as a wine manufacturer but is 17
subject to the rules applicable to spirits for manufacturing and 18
labeling. 19
(9) "Mixed wine drink" means a drink or similar product 20
marketed as a wine cooler that contains less than 7% alcohol by 21
volume, consists of wine and plain, sparkling, or carbonated water, 22
and contains any 1 or more of the following: 23
(a) Nonalcoholic beverages. 24
(b) Flavoring. 25
(c) Coloring materials. 26
(d) Fruit juices. 27
(e) Fruit adjuncts. 28
(f) Sugar. 29
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(g) Carbon dioxide. 1
(h) Preservatives. 2
(10) "Outstate self-distributor" means a person located in 3
another state that is the substantial equivalent of a micro brewer, 4
small distiller, mixed spirit drink manufacturer, or small wine 5
maker licensed by the commission to sell alcoholic liquor that the 6
person manufactured outside this state directly to a retailer under 7
sections 203(20), 203a, and 203b in accordance with rules 8
promulgated by the commission. An applicant for an outstate self-9
distributor license must submit a copy of its federal basic permit 10
or brewer's notice and its manufacturing license from the state of 11
issuance. 12
(11) "Outstate seller of beer" means a person licensed by the 13
commission to sell beer that has not been manufactured in this 14
state, or beer that the person purchased from a limited production 15
manufacturer, to a wholesaler in this state in accordance with 16
rules promulgated by the commission. As used in this subsection, 17
"limited production manufacturer" means a person licensed under 18
section 504. 19
(12) "Outstate seller of mixed spirit drink" means a person 20
licensed by the commission to sell mixed spirit drink that has not 21
been manufactured in this state to a wholesaler in this state in 22
accordance with rules promulgated by the commission. For purposes 23
of rules promulgated by the commission, an outstate seller of mixed 24
spirit drink is treated as an outstate seller of wine but is 25
subject to the rules applicable to spirits for manufacturing and 26
labeling. 27
(13) "Outstate seller of wine" means a person licensed by the 28
commission to sell wine that has not been manufactured in this 29
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state to a wholesaler in this state in accordance with rules 1
promulgated by the commission and to sell sacramental wine as 2
provided in section 301. 3
Sec. 609l. (1) A vendor of spirits; a vendor representative, 4
salesperson, or broker that represents the vendor of spirits; or a 5
third party that provides engraving services may do either of the 6
following: 7
(a) Engrave a bottle of spirits sold by a specially designated 8
distributor before selling the bottle to a consumer. 9
(b) Engrave a bottle of spirits purchased by a consumer from a 10
specially designated distributor. Both of the following apply to 11
this subdivision: 12
(i) The vendor of spirits; a vendor representative, 13
salesperson, or broker that represents the vendor of spirits; or a 14
third party that provides engraving services may pick up from the 15
specially designated distributor's licensed premises the bottle of 16
spirits that has been purchased by the consumer from the specially 17
designated distributor and return the bottle to the specially 18
designated distributor's licensed premises after the engraving has 19
been completed for the consumer to pick up. 20
(ii) Possession by a retailer of an engraved bottle of spirits 21
that has been returned to the licensed premises of the specially 22
designated distributor that sold the bottle of spirits for the 23
consumer to pick up subject to subparagraph (i) does not violate 24
section 901. 25
(2) A vendor of spirits; a vendor representative, salesperson, 26
or broker that represents the vendor of spirits; or a third party 27
that provides engraving services may engrave a bottle of spirits 28
purchased by a consumer from the inventory of a specially 29
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designated distributor during a consumer sampling event conducted 1
in compliance with section 1027 by a vendor of spirits that holds a 2
consumer sampling event license, or a vendor representative, 3
salesperson, or broker that represents the supplier. 4
(3) A brewer, micro brewer, wine maker, small wine maker, 5
outstate seller of beer, or outstate seller of wine; a salesperson 6
or broker that represents a brewer, micro brewer, wine maker, small 7
wine maker, outstate seller of beer, or outstate seller of wine; or 8
a third party that provides engraving services may do either of the 9
following: 10
(a) Engrave a bottle of beer or wine sold by a specially 11
designated merchant before selling the bottle to a consumer. 12
(b) Engrave a bottle of beer or wine purchased by a consumer 13
from a specially designated merchant subject to both of the 14
following: 15
(i) The brewer, micro brewer, wine maker, small wine maker, 16
outstate seller of beer, or outstate seller of wine; a salesperson 17
or broker that represents a brewer, micro brewer, wine maker, small 18
wine maker, outstate seller of beer, or outstate seller of wine; or 19
a third party that provides engraving services may pick up from the 20
specially designated merchant's licensed premises the bottle of 21
beer or wine that has been purchased by the consumer from the 22
specially designated merchant and return the bottle to the 23
specially designated merchant's licensed premises after the 24
engraving has been completed for the consumer to pick up. 25
(ii) Possession by a retailer of an engraved bottle of beer or 26
wine that has been returned to the licensed premises of the 27
specially designated merchant that sold the bottle of beer or wine 28
for the consumer to pick up subject to subparagraph (i) does not 29
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violate section 901. 1
(4) A brewer, micro brewer, wine maker, small wine maker, 2
outstate seller of beer, or outstate seller of wine; a salesperson 3
or broker that represents a brewer, micro brewer, wine maker, small 4
wine maker, outstate seller of beer, or outstate seller of wine; or 5
a third party that provides engraving services may engrave a bottle 6
of beer or wine purchased by a consumer from the inventory of a 7
specially designated merchant during a beer and wine tasting event 8
conducted in compliance with section 537 by a brewer, micro brewer, 9
wine maker, small wine maker, outstate seller of beer, or outstate 10
seller of wine that holds a beer and wine tasting permit, or 11
salesperson or broker that represents the brewer, micro brewer, 12
wine maker, small wine maker, outstate seller of beer, or outstate 13
seller of wine. 14