- Posted July 03, 2012
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Regulators suggest 72 changes to liquor laws
By Kathy Barks Hoffman
Associated Press
LANSING (AP) -- State regulators unveiled 72 recommendations last Friday intended to increase the size of Michigan's licensed beverage industry, but not all alcoholic beverage producers liked the results.
The Michigan Wine Producers Association said the suggested changes would make the regulation of Michigan wineries more business-friendly. Association President Mike Beck said his members welcome any recommendations "that sensibly support the responsible growth of the wine industry."
However, Bell's Brewery founder and CEO Larry Bell said last Friday's report, which the state Office of Regulatory Reinvention sent to Gov. Rick Snyder, didn't represent the unanimous position of craft brewers -- with Bell's being among the largest in Michigan.
"This report raises serious concerns and deserves close study by policymakers before they make any changes that inadvertently hurt Michigan businesses and endanger public health and safety," Bell added.
Among the biggest recommendations is to change the state law that makes it a crime to serve or sell alcohol to someone who's intoxicated. The report suggests that the crime should be harder to prosecute, with the law's language changed to say someone would have to "knowingly allow" an intoxicated person to be served rather than simply "allow."
Such a change would require lawmakers' and the governor's approval, and it wouldn't be changed for situations where the person who was served was under age 21, the legal age for drinking.
Not all recommendations would need legislative approval; some could be adopted by the state as administrative rules. It's unlikely proposals needing lawmakers' OK could be drawn up and considered until this fall.
Last Friday's report suggests the state get rid of fingerprinting and financial verification requirements to hold a liquor license. That would be a mistake, said Mike Tobias, executive director of the group Michigan Alcohol Policy Promoting Health and Safety.
"The law enforcement people tell us it's not a good idea to reduce the fingerprinting and financial records" requirements, Tobias said. "That might be OK in some circumstances, but I trust the people in law enforcement."
Police and school groups also opposed the changes. In a joint statement, the Michigan Association of Chiefs of Police and the Michigan Elementary and Middle Schools Principals Association said any weakening of the state's alcohol laws that endangers public health should be rejected.
The Office of Regulatory Reinvention noted that public health and safety interests were represented on the committee that drafted the changes and shaped many of the recommendations. The office said its report also was developed with the help of representatives from the tourism and hospitality industries to promote business growth.
The recommendations also suggest allowing craft brewers in Michigan to have off-premise tasting rooms and provide free samples, along with other changes that allow them some of the sales and marketing rights enjoyed by the state's small wineries. Beer and wine wholesalers are likely to fight giving the small producers more leverage on where and how much they can sell their products.
The report also suggests that the state allow up to 40 resort licenses each year, make it easier for smaller gas stations to get a license to sell alcohol, and remove all prohibitions on how items provided by alcoholic beverage suppliers are used in contests and advertising. It recommends that certain types of alcohol permits be issued immediately and calls for raising fees to cover the state's costs and moving to one -- rather than three -- warehousing and delivery agent in the state.
Published: Tue, Jul 3, 2012
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