Note: This section summarizes the temporary changes implemented due to the coronavirus pandemic that are of interest to interstate suppliers. The Governor’s March 22, 2020 Executive Order required all businesses offering food and/or alcoholic beverages for on-premises consumption to prohibit occupancy by the public, and encouraged them to offer food and beverage using delivery service, window service, walk-up service, drive-through service, or drive-up service. The restrictions imposed by this order do not apply to businesses that offer food and beverage not for on-premises consumption, including grocery stores, markets, convenience stores, pharmacies, drug stores, and food pantries. [Executive Order 2020-20 (COVID-19), Temporary Restrictions on the Use of Places of Public Accommodation, issued March 22, 2020.] On-premises and off-premises retailer licensees that[…]

14.1 Direct Sales and Shipments to Consumers The sale of wine directly to Michigan residents at the winery, via mail order, over the Internet, by telephone, by computer, or any other electronic means, may only be made if the selling person or entity holds a Michigan Direct Shipper License. The only person or entity that is eligible to hold a Michigan Direct Shipper License is a licensed Michigan wine maker, or a wine producer and bottler located in another state that holds both a federal basic permit and a license to manufacture wine in its state of domicile. A Direct Shipper Licensee applicant must submit an application to the Liquor Control Commission in written or electronic format, as required by[…]

The franchise laws covering wine and mixed drink suppliers and manufacturers, and those covering beer and malt beverage suppliers and manufacturers, are extremely lengthy and restrictive. The following is an overview only and by no means should be construed to be a comprehensive recap of the Michigan franchise law, which is quite lengthy and detailed. The law should be carefully reviewed in its entirety and legal counsel be consulted before taking any action to appoint, terminate or change the terms of any existing agreement with a wholesaler, written or verbal.  Relevant provisions are located in various places in the Michigan code. Note: The franchise laws apply to master distributors as well as to brewers, winemakers, and outstate sellers of wine,[…]

15.9.1 Sampling Products Not Available For Sale in Michigan Samplings/tastings for commercial purposes may be held only on premises licensed for the sale and consumption of alcoholic beverages on the premises. Prior written approval from the Liquor Control Commission is required. Once the Commission has been notified and approval received, an outstate seller of beer or wine, vendor of spirits, brewer, etc., or a bona fide market research organization retained by one of the above-named classes of licensees, may conduct samplings or tastings of an alcoholic liquor product before it is approved for sale in the state. “Commercial purpose” is defined as any purpose for which monetary gain or remuneration would be expected. Such on-premise product promotions may not include[…]

2.1 Company Licenses/Permits Note: Refer to section 14, Direct Shipments to Consumers and/or Retailers for more details (wine only) Note: The bond requirement for outstate sellers was eliminated effective 11/21/2019. [MI Law, Chapter 436, Act 58, Chapter 8, Section 436.1801.] 2.1.1 Outstate Seller of Wine License An Outstate Seller of Wine License is required. The license is renewable annually, prior to the expiration date of April 30. The fee is $300.00. An OSSW license may be issued to any of the following: Bottler. A person located outside of Michigan but in the United States, who bottles wine manufactured by another person. Bulk & Sacramental. A person located outside of Michigan but in the United States, who ships and sells bulk[…]

3.1 Product Approval Requirements Label registration is required before any wine, malt beverage, or mixed drink products can be sold to Michigan wholesalers or consumers. Cider and other wine products with an alcohol content of less than 7% ABV are also required to be registered. There is no fee. Labels are registered online. A password to access the online site is provided when a license is issued. Contact the Commission for details on how to access the system if you do not already have access. Wholesalers must be assigned to all products except those that are available for sale to Michigan consumers only. Provide COLA ID number unless product is exempt. For cider and wine products containing less than 7%[…]

Department of Licensing & Regulatory Affairs (LARA) Liquor Control Commission Constitution Hall 525 W. Allegan Lansing, Michigan 48933 (Mailing Address) P. O. Box 30005 Lansing, MI 48909 (Overnight or Express Deliveries) MI Liquor Control Commission 2407 N Grand River Ave Lansing, MI 48906 517-284-6250 or 866-813-0011 (phone) https://www.michigan.gov/lara Department of Licensing & Regulatory Affairs (LARA) Corporation, Securities and Commercial Licensing Corporation Division P. O. Box 30054 Lansing, Michigan 48909 517-241-6470 (phone) 517-241-0538 (fax) http://www.michigan.gov Links for Further Research MI Compiled Laws MI Liquor Control Code and Related Rules (PDF from LARA)

Wine 21% ABV and under and distilled spirits products with an alcohol content of up to 10% ABV are sold through the private sector (wholesalers).

A salesperson or vendor representative may do the following for his brands only:  Build displays and place and/or rotate his product on the shelf.  Mark the product price, as determined by the retailer. A salesperson or vendor representative may not alter or disturb another industry member’s products. In addition, they may not clean shelving or floors while engaging in the permitted practices set forth above. [MI Regulations, R 436.1317, Rule 17.]