Section R. 436.1609 - Outstate sellers of beerRule 9.
(1) A person shall be the holder of the required basic permit or brewers notice, or both, and be a brewer or outstate seller of beer doing business under an approved basic permit, brewer's notice, or both, issued under the federal alcohol administration act of 1935, 27 U.S.C. § 201 et seq. and the regulations under this act, being 27 C.F.R., part 1, subpart C, §§ 1.20 to 1.59 and part 25, subpart G, §§ 25.61 to 25.85(2014) before being issued an outstate seller of beer license, brewer license, micro brewer license, or brewpub license. The provisions of 27 C . F . R ., part 1, subpart C, §§ 1.20 to 1.59 and part 25, subpart G, §§ 25.61 to 25.85(2014) are adopted by reference in these rules. Copies of the adopted provisions may be obtained from the Superintendent of Documents, United States Government Printing Office (GPO), Washington, D.C. 20402 or from the gpo website at https://bookstore.gpo.gov/ at a cost of $37.00 each as of the time of adoption of these rules, of free of charge from the gpo website at https://www.gpo.gov/. Copies of these provisions may also be obtained from the Liquor Control Commission, Department of Licensing and Regulatory Affairs, 525 W. Allegan, P.O. Box 30005, Lansing, Michigan 48909, a cost of $43.00 each as of the time of adoption of these rules.(2) The commission may issue an outstate seller of beer license to the following entities pursuant to these rules and the act: (a) A person located in the United States who imports and sells in this state beer made in a foreign country.(b) A manufacturer located outside this state, but in the United States, that manufactures and packages its own beer.(c) A person located in the United States who purchases beer from a manufacturer of beer located outside of this state, but in the United States, if the amount of beer imported into this state by that person is 5,000 barrels or less per calendar year. In addition, a person who is issued an outstate seller of beer license under the provisions of this subdivision shall be designated by the manufacturer of beer as its sole and exclusive sales agent in this state for a brand or brands of beer produced by that manufacturer and shall be responsible for the quality of beer shipped into and sold in this state.Mich. Admin. Code R. 436.1609
1979 AC; 1989 AACS; 2017 MR 5, Eff. 3/16/2017