Information On New Manufacturer Provisions Enacted On December 19, 2018 Related To Manufacturing Requirements and Retail Sales At Tasting Rooms

On December 19, 2018, several bills were enacted into law which made a number of changes to the requirements for manufacturer licensees.  These changes include a definition for what constitutes manufacturing, requirements for manufacturer licensees to manufacture the product they are licensed to manufacture, provisions to allow certain manufacturers to transfer wine or spirits to another manufacturer (including shiners of wine), the creation of On-Premises Tasting Room Permits, Off-Premises Tasting Room Licenses, and Joint Off-Premises Tasting Room licenses, and specific provisions that spell out what licensees may do at approved tasting room locations, including the number of tasting rooms that licensees may have and what sorts of products and serving and sample sizes they may provide customers.

Below, you will find a description of what each license type may do under the amended law.  Please note for licensees that hold more than one license type at the same location, for example a Micro Brewer license and a Small Wine Maker license, the new On-Premises Tasting Room Permit will cover both licenses at the same location.  Under these changes Distiller (Manufacturer of Spirits) and Mixed Spirit Drink Manufacturer licensees will now be allowed to sell their products at retail in an approved tasting room.

Color Informational Sheets (PDF Format):


BREWER OR MICRO BREWER LICENSE

Manufacturing only:

  • Surety Bond required, but Proof of Financial Responsibility (liquor liability insurance) is not required
  • No local approval necessary for Commission licensure, but licensee must comply with local zoning and ordinances and health department/Michigan Department of Agriculture and Rural Development requirements
  • Server training is not required
  • Manufacturing premises may be approved for Beer & Wine Tasting Permit, Living Quarters Permit, Direct Connection(s), and Off-Premises Storage

Retail sales on the manufacturing premises:

  • Requires an On-Premises Tasting Room Permit - $100.00 per year
  • On-Premises Tasting Room Permit may be approved for a Sunday Sales Permit, Catering Permit, Dance Permit, Entertainment Permit, Specific Purpose Permit, Extended Hours Permit, or Outdoor Service
  • On-Premises Tasting Room Permit can only be located at the same location as the manufacturing premises
  • Approval is required from the legislative body of the local governmental unit where the On-Premises Tasting Room Permit will be located
  • Proof of Financial Responsibility (liquor liability insurance) is required for the On-Premises Tasting Room Permit
  • Server training is required for the On-Premises Tasting Room Permit
  • Beer sold at an On-Premises Tasting Room Permit must be manufactured by the licensee
  • On-Premises Tasting Room Permit limits for Brewer or Micro Brewer:
  • A Brewer may have no more than 2 On-Premises Tasting Room Permit locations
  • A Micro Brewer making fewer than 30,000 barrels of beer per year may have an On-Premises Tasting Room Permit at any of its separate manufacturing premises
  • A Micro Brewer making 30,000 barrels of beer or more a year may have an On-Premises Tasting Room Permit at no more than 3 of its separate manufacturing premises
  • If a Brewer or Micro Brewer has more than 1 On-Premises Tasting Room Permit location it may sell beer it made at any of its manufacturing premises at any of its On-Premises Tasting Room Permit locations under the 1 of the following conditions:
  1. Beer made at another location by the same Brewer or Micro Brewer is transferred to be sold at an On-Premises Tasting Room Permit location that has an installed and functional multivessel system capable of producing and fermenting at least 3 barrels of wort in a single batch
  2. Beer made at another location by the same Brewer or Micro Brewer is transferred to be sold at an On-Premises Tasting Room Permit location where the Brewer or Micro Brewer manufactures at least 50% of the volume of beer at that location that is sold to consumers at that location
  3. Beer made at another location by the same Brewer or Micro Brewer is transferred to be sold at an On-Premises Tasting Room Permit location that was approved by the Commission under an application received prior to October 1, 2018
  • May sell beer for consumption off the premises
  • May sell and serve full size drinks
  • No size or number limit on tasting samples
  • May serve food or have a restaurant in conjunction with the On-Premises Tasting Room Permit


WINE MAKER OR SMALL WINE MAKER LICENSE

Manufacturing only:

  • Surety Bond required, but Proof of Financial Responsibility (liquor liability insurance) is not required
  • No local approval necessary for Commission licensure, but licensee must comply with local zoning and ordinances and health department/Michigan Department of Agriculture and Rural Development requirements
  • Server training is not required
  • Manufacturing premises may be approved for Beer & Wine Tasting Permit, Living Quarters Permit, Direct Connection(s), and Off-Premises Storage

Retail sales on the manufacturing premises:

  • Requires an On-Premises Tasting Room Permit - $100.00 per year
  • On-Premises Tasting Room Permit may be approved for Sunday Sales Permit, Catering Permit, Dance Permit, Entertainment Permit, Specific Purpose Permit, Extended Hours Permit, or Outdoor Service
  • On-Premises Tasting Room Permit can only be located at the same location as the manufacturing premises
  • Approval is required from the legislative body of the local governmental unit where the On-Premises Tasting Room Permit will be located
  • Proof of Financial Responsibility (liquor liability insurance) is required for the On-Premises Tasting Room Permit
  • Server training is required for On-Premises Tasting Room Permit
  • A Wine Maker licensee must manufacture wine on the premises where it is sold in an On-Premises Tasting Room Permit location
  • A Small Wine Maker licensee must manufacture or bottle wine on the premises where it is sold in an On-Premises Tasting Room Permit location
  • A Wine Maker or Small Wine Maker licensee may sell shiners purchased from another Wine Maker or Small Wine Maker:
  1. The shiners must be labeled and registered by the Wine Maker or Small Wine Maker licensee that is selling them
  2. A Wine Maker licensee that does not manufacture wine on its premises or a Small Wine Maker licensee that does not manufacture or bottle wine on its premises cannot sell shiners
  3. A Wine Maker or Small Wine Maker licensee may transfer shiners from one of its locations to another location with an on-premises tasting room as long as the second location also manufactures or, in the case of a Small Wine Maker, bottles wine
  • No limit on number of On-Premises Tasting Room Permits associated with Wine Maker or Small Wine Maker licenses
  • May sell wine for consumption off the premises
  • May sell and serve full size drinks
  • No size or number limit on tasting samples
  • May serve food or have a restaurant in conjunction with the On-Premises Tasting Room Permit

Retail sales at an off-premises tasting room:

  • Requires an Off-Premises Tasting Room license - $100.00 per year
  • Off-Premises Tasting Room license may be approved for a Sunday Sales Permit, Catering Permit, Dance Permit, Entertainment Permit, Specific Purpose Permit, Extended Hours Permit, Direct Connection(s), or Outdoor Service
  • Off-Premises Tasting Room license not located at the same location as the manufacturing premises
  • Approval is required from the legislative body of the local governmental unit where the Off-Premises Tasting Room license will be located
  • Proof of Financial Responsibility (liquor liability insurance) is required for the Off-Premises Tasting Room license
  • Server training is required for the Off-Premises Tasting Room license
  • A Wine Maker licensee may sell wine it manufactures at its manufacturing premises in an Off-Premises Tasting Room license location
  • A Small Wine Maker licensee may sell wine it manufactures or bottles at its manufacturing premises in an Off-Premises Tasting Room license location
  • A Wine Maker or Small Wine Maker licensee may sell shiners purchased from another Wine Maker or Small Wine Maker:
  1. The shiners must be labeled and registered by the Wine Maker or Small Wine Maker licensee that is selling them
  2. A Wine Maker licensee that does not manufacture wine on its premises or a Small Wine Maker licensee that does not manufacture or bottle wine at its manufacturing premises cannot sell shiners
  • May sell wine for consumption off the premises 
  • May serve food in conjunction with the Off-Premises Tasting Room license 
  • A Wine Maker or Small Wine Maker licensee may have up to 5 Off-Premises Tasting Room license locations (including Joint Off-Premises Tasting Room license locations) that may sell full drinks or give away free samples of wine of any size for consumption on the premises; this determination must be made at the time of application and cannot be changed once the license is issued 
  • A Wine Maker or Small Wine Maker licensee may have unlimited Off-Premises Tasting Room license locations that may sell or give away free samples of wine for consumption on the premises as long as the sample sizes do not exceed 3 ounces per sample; this determination must be made at the time of application and cannot be changed once the license is issued

Retail sales at a joint off-premises tasting room:

  • Requires a Joint Off-Premises Tasting Room license - $100.00 per year
  • Held at the same location as other licensee(s) that holds a Joint Off-Premises Tasting license
  • Joint Off-Premises Tasting Room license may be approved for a Sunday Sales Permit, Catering Permit, Dance Permit, Entertainment Permit, Specific Purpose Permit, Extended Hours Permit, Direct Connection(s), or Outdoor Service
  • Each licensee holding a Joint Off-Premises Tasting Room license at the same location must be approved for the same permits or permissions
  • Joint Off-Premises Tasting Room license not located at the same location as the manufacturing premises
  • Approval is required for each Wine Maker or Small Wine Maker licensee from the legislative body of the local governmental unit where the Joint Off-Premises Tasting Room license will be located
  • Proof of Financial Responsibility (liquor liability insurance) is required for each Wine Maker or Small Wine Maker licensee for the Joint Off-Premises Tasting Room license
  • Server training is required for the tasting room for each Wine Maker or Small Wine Maker licensee for the Joint Off-Premises Tasting Room license
  • A Wine Maker licensee may sell wine it manufactures at its manufacturing premises in a Joint Off-Premises Tasting Room license location
  • A Small Wine Maker licensee may sell wine it manufactures or bottles at its manufacturing premises in a Joint Off-Premises Tasting Room license location
  • A Wine Maker or Small Wine Maker licensee may sell shiners purchased from another Wine Maker or Small Wine Maker:
  1. The shiners must be labeled and registered by the Wine Maker or Small Wine Maker licensee that is selling them
  2. A Wine Maker licensee that does not manufacture wine on its premises or a Small Wine Maker licensee that does not manufacture or bottle wine at its manufacturing premises cannot sell shiners
  • May sell wine for consumption off the premises
  • May serve food in conjunction with the a Joint Off-Premises Tasting Room license
  • A Wine Maker or Small Wine Maker licensee may have up to 5 Joint Off-Premises Tasting Room license locations (including Off-Premises Tasting Room licenses) that may sell full drinks or give away free samples of wine of any size for consumption on the premises; this determination must be made at the time of application and cannot be changed once the license is issued 
  • A Wine Maker or Small Wine Maker licensee may have unlimited Joint Off-Premises Tasting Room license locations that may sell or give away free samples of wine for consumption on the premises as long as the sample sizes do not exceed 3 ounces per sample; this determination must be made at the time of application and cannot be changed once the license is issued
  • A violation by one licensee at a Joint Off-Premises Tasting Room location will be a violation attributable to all licensees at the location


DISTILLER OR SMALL DISTILLER LICENSE (Also Applies to Brandy Manufacturer)

Manufacturing only:

  • Proof of Financial Responsibility (liquor liability insurance) not required
  • No local approval necessary for Commission licensure, but licensee must comply with local zoning and ordinances and health department/Michigan Department of Agriculture and Rural Development requirements
  • Server training is not required
  • Manufacturing premises may be approved for Living Quarters Permit, Direct Connection(s), and Off-Premises Storage

Retail sales on the manufacturing premises:

  • Requires an On-Premises Tasting Room Permit - $100.00 per year
  • On-Premises Tasting Room Permit may be approved for Sunday Sales Permit, Catering Permit, Dance Permit, Entertainment Permit, Specific Purpose Permit, Extended Hours Permit, or Outdoor Service
  • On-Premises Tasting Room Permit can only be located at the same location as the manufacturing premises
  • Approval is required from the legislative body of the local governmental unit where the On-Premises Tasting Room Permit will be located
  • Proof of Financial Responsibility (liquor liability insurance) is required for the On-Premises Tasting Room Permit
  • Server training is required for On-Premises Tasting Room Permit
  • A Distiller or Small Distiller licensee must manufacture spirits on the premises where they are sold in an On-Premises Tasting Room Permit location 
  • No limit on number of On-Premises Tasting Room Permits associated with Distiller or Small Distiller licenses
  • May sell spirits for consumption off the premises
  • May sell and serve full size drinks
  • No size or number limit on tasting samples
  • May serve food or have a restaurant in conjunction with the On-Premises Tasting Room Permit

Retail sales at an off-premises tasting room:

  • Requires an Off-Premises Tasting Room license - $100.00 per year
  • Off-Premises Tasting Room license may be approved for a Sunday Sales Permit, Catering Permit, Dance Permit, Entertainment Permit, Specific Purpose Permit, Extended Hours Permit, Direct Connection(s), or Outdoor Service
  • Off-Premises Tasting Room license not located at the same location as the manufacturing premises
  • Approval is required from the legislative body of the local governmental unit where the Off-Premises Tasting Room license will be located
  • Proof of Financial Responsibility (liquor liability insurance) is required for the Off-Premises Tasting Room license
  • Server training is required for the Off-Premises Tasting Room license
  • A Distiller or Small Distiller licensee may sell spirits it manufactures at its manufacturing premises in an Off-Premises Tasting Room license location
  • May sell spirits for consumption off the premises 
  • May serve food in conjunction with the Off-Premises Tasting Room license 
  • A Distiller or Small Distiller licensee may have up to 5 Off-Premises Tasting Room license locations (including Joint Off-Premises Tasting Room license locations) that may sell full drinks or give away free samples of spirits of any size for consumption on the premises; this determination must be made at the time of application and cannot be changed once the license is issued
  • A Distiller or Small Distiller licensee may have unlimited Off-Premises Tasting Room license locations that may sell or give away free samples of spirits for consumption on the premises as long as the sample sizes do not exceed 1/2 ounce per sample; this determination must be made at the time of application and cannot be changed once the license is issued

Retail sales at a joint off-premises tasting room:

  • Requires a Joint Off-Premises Tasting Room license - $100.00 per year
  • Held at the same location as other licensee(s) that holds a Joint Off-Premises Tasting license
  • Joint Off-Premises Tasting Room license may be approved for a Sunday Sales Permit, Catering Permit, Dance Permit, Entertainment Permit, Specific Purpose Permit, Extended Hours Permit, Direct Connection(s), or Outdoor Service
  • Each licensee holding a Joint Off-Premises Tasting Room license at the same location must be approved for the same permits or permissions
  • Joint Off-Premises Tasting Room license not located at the same location as the manufacturing premises
  • Approval is required for each Distiller or Small Distiller licensee from the legislative body of the local governmental unit where the Joint Off-Premises Tasting Room license will be located
  • Proof of Financial Responsibility (liquor liability insurance) is required for each Distiller or Small Distiller licensee for the Joint Off-Premises Tasting Room license
  • Server training is required for the tasting room for each Distiller or Small Distiller licensee for the Joint Off-Premises Tasting Room license
  • A Distiller or Small Distiller licensee may sell spirits it manufactures at its manufacturing premises in a Joint Off-Premises Tasting Room license location
  • May sell spirits for consumption off the premises
  • May serve food in conjunction with the a Joint Off-Premises Tasting Room license
  • A Distiller or Small Distiller licensee may have up to 5 Joint Off-Premises Tasting Room license locations (including Off-Premises Tasting Room licenses) that may sell full drinks or give away free samples of spirits of any size for consumption on the premises; this determination must be made at the time of application and cannot be changed once the license is issued
  • A Distiller or Small Distiller licensee may have unlimited Joint Off-Premises Tasting Room license locations that may sell or give away free samples of spirits for consumption on the premises as long as the sample sizes do not exceed 1/2 ounce per sample; this determination must be made at the time of application and cannot be changed once the license is issued
  • A violation by one licensee at a Joint Off-Premises Tasting Room location will be a violation attributable to all licensees at the location


MIXED SPIRIT DRINK MANUFACTURER LICENSE

Manufacturing only:

  • Surety Bond required, but Proof of Financial Responsibility (liquor liability insurance) is not required
  • No local approval necessary for Commission licensure, but licensee must comply with local zoning and ordinances and health department/Michigan Department of Agriculture and Rural Development requirements
  • Server training is not required
  • Manufacturing premises may be approved for Living Quarters Permit, Direct Connection(s), and Off-Premises Storage

Retail sales on the manufacturing premises:

  • Requires an On-Premises Tasting Room Permit - $100.00 per year
  • On-Premises Tasting Room Permit may be approved for a Sunday Sales Permit, Catering Permit, Dance Permit, Entertainment Permit, Specific Purpose Permit, Extended Hours Permit, or Outdoor Service
  • On-Premises Tasting Room Permit can only be located at the same location as the manufacturing premises
  • Approval is required from the legislative body of the local governmental unit where the On-Premises Tasting Room Permit will be located
  • Proof of Financial Responsibility (liquor liability insurance) is required for the On-Premises Tasting Room Permit
  • Server training is required for the On-Premises Tasting Room Permit
  • Mixed spirit drink products sold at an On-Premises Tasting Room Permit must be manufactured by the licensee
  • May sell mixed spirit drink products for consumption off the premises
  • May sell and serve full size drinks
  • No size or number limit on tasting samples
  • May serve food or have a restaurant in conjunction with the On-Premises Tasting Room Permit