Mich. Admin. Code R. 436.1705

Current through Vol. 24-21, December 1, 2024
Section R. 436.1705 - Outstate sellers of wine

Rule 5.

(1) A person shall be a holder of the required basic permit issued under the federal alcohol administration act, 27 U.S.C. § 201 et seq. before being issued an outstate seller of wine license, wine maker license, or small wine maker license.
(2) The commission may issue an outstate seller of wine license to any of the following entities pursuant to these rules and the act:
(a) A person who is located in the United States, who imports foreign wine, and who sells this foreign wine in this state.
(b) A person who is located outside of this state, but in the United States, and who ships and sells bulk wine to licensed Michigan manufacturers for blending, rectifying, or nonbeverage purposes or who ships and sells bottled wine directly to a minister, priest, or rabbi for sacramental purposes.
(c) A person who is located outside of this state, but in the United States, and who bottles wine manufactured by another person. This person shall have a certificate or affidavit of identity from the manufacturer. This licensed person shall be responsible for the quality of wine shipped into and sold in this state.
(d) A manufacturer that is located outside of this state, but in the United States, and that produces and bottles its own wine.
(e) A person who is located in the United States and who is designated by the manufacturer of wine as its sole and exclusive sales agent in the United States. A person who is issued an outstate seller of wine license under the provisions of this subdivision shall be responsible for the quality of wine shipped into and sold in this state.
(f) A person who is located in the United States and who purchases wine from a manufacturer of wine or brand owner located outside of this state, but in the United States, if the total amount of wine imported into this state that is manufactured by that outstate manufacturer of wine or brand owner is 150,000 liters or less per calendar year. The outstate seller shall be responsible for the quality of wine shipped into and sold in this state. A person who obtains an outstate seller of wine license pursuant to this subdivision, or who imports wine pursuant to this subdivision, and who holds a wholesale license shall pay cash at the time of purchase for importation.

Mich. Admin. Code R. 436.1705

1979 AC; 1982 AACS; 1990 AACS; 2017 MR 5, Eff. 3/16/2017