Mich. Admin. Code 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. ยง
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.
Notes
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