Michigan Compiled Laws
58-1998-2 - Chapter 2 (436.1201...436.1235)
Section 436.1204 - Importation of Liquor Into This State; Requirements; Exceptions; Inspection by the Commission.

Sec. 204.
(1) Except for an individual who brings, transports, ships, or imports alcoholic liquor into this state under section 203(8) or (9), as applicable, for a retailer, or for sacramental wines imported under section 301, a person shall not sell, deliver, or import beer, wine, or mixed spirit drink in this state unless the person is 1 of the following:
(a) A supplier as that term is defined in section 603.
(b) A licensed direct shipper described in section 203(10).
(c) A wholesaler.
(2) Except for an individual who brings, transports, ships, or imports alcoholic liquor into this state under section 203(8) or (9), as applicable, for a retailer, or for sacramental wines imported under section 301, a person described in subsection (1) may only sell, deliver, or import beer, wine, or mixed spirit drink in this state in 1 of the following ways:
(a) A licensed direct shipper may sell to a consumer under section 203.
(b) An outstate seller of beer, outstate seller of wine, or outstate seller of mixed spirit drink, may deliver the beer, wine, or mixed spirit drink to the licensed premises of the wholesalers designated to sell and deliver the beer, wine, or mixed spirit drink to the individual licensed location of the retailer in the wholesaler's sales territory under section 305 or 403, as applicable.
(c) A wholesaler that picks up the beer, wine, or mixed spirit drink from the premises of an outstate seller of beer, outstate seller of wine, or outstate seller of mixed spirit drink, may deliver the beer, wine, or mixed spirit drink to the licensed premises of the wholesaler designated to sell and deliver the beer, wine, or mixed spirit drink to the individual licensed location of the retailer in the wholesaler's sales territory under section 305 or 403, as applicable.
(d) An outstate seller of beer, outstate seller of wine, or outstate seller of mixed spirit drink may deliver the beer, wine, or mixed spirit drink to its licensed premises in this state. However, the beer, wine, or mixed spirit drink must be delivered to the licensed premises of the wholesaler designated to sell and deliver the beer, wine, or mixed spirit drink to the individual licensed location of the retailer in the wholesaler's sales territory under section 305 or 403, as applicable.
(e) A brewer, wine maker, or mixed spirit drink manufacturer that has a manufacturing plant located outside of this state may deliver the beer, wine, or mixed spirit drink manufactured in the manufacturing plant to its licensed premises in this state. However, the beer, wine, or mixed spirit drink must be delivered to the licensed premises of the wholesaler designated to sell and deliver the beer, wine, or mixed spirit drink to the individual licensed location of the retailer in the wholesaler's sales territory under section 305 or 403, as applicable.
(f) Except as otherwise provided in this act, a brewer, wine maker, or mixed spirit drink manufacturer may deliver the beer, wine, or mixed spirit drink to the licensed premises of the wholesaler designated to sell and deliver the beer, wine, or mixed spirit drink to the individual licensed location of the retailer in the wholesaler's sales territory under section 305 or 403, as applicable.
(3) Except as otherwise provided in subsection (4), both of the following apply to beer, wine, or mixed spirit drink that is delivered to a wholesaler under this act:
(a) The wholesaler shall maintain the beer, wine, or mixed spirit drink on the wholesaler's licensed premises.
(b) The wholesaler shall make the beer, wine, or mixed spirit drink maintained on the wholesaler's licensed premises as required under subdivision (a) available for inspection by the commission for at least 24 hours before the wholesaler delivers the beer, wine, or mixed spirit drink to a retailer.
(4) For beer, wine, or mixed spirit drink that has been delivered to a wholesaler under this act, subsection (3) does not apply and the wholesaler may deliver beer, wine, or mixed spirit drink to a retailer if all of the following apply:
(a) Either of the following applies:
(i) The wholesaler cannot fulfill the retailer's order for the beer, wine, or mixed spirit drink from the inventory currently available on the wholesaler's licensed premises.
(ii) The wholesaler intends to deliver the beer, wine, or mixed spirit drink to a special licensee, including as provided under section 526, before the 24-hour period under subsection (3)(b) has expired.
(b) Either of the following applies:
(i) The beer, wine, or mixed spirit drink has been delivered to the address of the wholesaler's licensed premises.
(ii) The wholesaler picked up the beer, wine, or mixed spirit drink from the licensed premises of any of the following:
(A) A brewer.
(B) A wine maker.
(C) A mixed spirit manufacturer.
(D) An outstate seller of beer.
(E) An outstate seller of wine.
(F) An outstate seller of mixed spirit drink.
(G) A wholesaler.
(c) The wholesaler maintains the invoice of the delivery and attaches documentation to the invoice that details each product and the amount of each product that was not placed on the wholesaler's floor.
(5) This section does not prohibit a brewer, micro brewer, wine maker, small wine maker, or retailer from selling alcoholic liquor or nonalcoholic beverages as provided in this act.
History: Add. 2018, Act 178, Imd. Eff. June 11, 2018

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 436 - Alcoholic Beverages

Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303)

58-1998-2 - Chapter 2 (436.1201...436.1235)

Section 436.1201 - Alcoholic Liquor; Manufacture, Sale, Possession, or Transportation Lawful; Terms, Conditions, Limitations, and Restrictions; Right, Power, and Duty of Commission to Control Alcoholic Beverage Traffic and Traffic in Other Alcoholic...

Section 436.1203 - Sale, Delivery, or Importation of Alcoholic Liquor or Wine; Duties of Direct Shipper of Wine; Common Carrier; Verification That Individual Accepting Delivery Is 21 Years of Age or Older; Original Purchase and Importation Into State...

Section 436.1203a - Sale and Delivery of Beer in This State by Micro Brewer or Substantially-Equivalent Out-of State Entity; Requirements.

Section 436.1203b - Sale and Delivery of Mixed Spirit Drink by Mixed Spirt Drink Manufacturer or Substantially-Equivalent Out-of-State Entity to Retailer; Requirements.

Section 436.1204 - Importation of Liquor Into This State; Requirements; Exceptions; Inspection by the Commission.

Section 436.1204a - Prohibition of the Sale or Transfer of Alcoholic Liquor in This State; Exceptions; Applicability of Section to Nonalcoholic Ingredients.

Section 436.1205 - Warehousing and Delivery of Spirits; Authorized Distribution Agent; Report.

Section 436.1206 - Integrated On-Line Ordering System.

Section 436.1207 - Exceptions to Act.

Section 436.1209 - Liquor Control Commission; Creation; Appointment, Duties, and Terms of Members; Designation and Duties of Hearing Commissioners and Administrative Commissioners; Appeal Board; Duties; Terms; Oath; Removal; Vacancies; Quorum; Salary...

Section 436.1211 - Liquor Control Business Manager; Selection; Duty and Responsibility.

Section 436.1213 - Liquor Control Commission; Employment of Assistants and Employees; Compensation; Expenses.

Section 436.1215 - Liquor Control Commission; Rules and Regulations; Public Hearings; Record.

Section 436.1217 - Liquor Control Commission; Investigations; Inspection and Search of Licensed Premises; Seizure and Use of Evidence of Violation; Examining or Copying Books, Records, and Papers; Issuance of Subpoena; Oath or Affirmation; Court Orde...

Section 436.1219 - Liquor Control Commission; Branch Offices.

Section 436.1221 - Liquor Control Commission; Revolving Fund; Use; Report; Interest Earnings; Disposition of Money Received; "Revolving Fund" Defined.

Section 436.1223 - Liquor Control Commission; Interest of Members or Employees.

Section 436.1225 - Liquor Control Commission; Civil Liability of Commission or Members.

Section 436.1227 - Liquor Control Commission; Establishment of State Liquor Stores; Basis.

Section 436.1229 - Licensing Hotel or Merchant to Sell Spirits for Consumption Off Premises; Sale of Alcoholic Liquor; Price; Rules; Definitions.

Section 436.1231 - Liquor Control Commission; Handling of Alcoholic Liquor; Gross Profit; Leasing and Purchasing Power.

Section 436.1233 - Uniform Prices for Sale of Alcoholic Liquor; Gross Profit; Prices for Sale of Alcoholic Liquor to Hospitals, Charitable Institutions, and Military Establishments; Discount for Certain Sales of Alcoholic Liquor; Application and Cert...

Section 436.1235 - Search Warrant; Seizure of Property.