Wine (and Beer) Tasting Events at a Retailer’s Location
Mark Vanneste
Howard & Howard Attorneys PLLC
Holding a tasting, or sampling, event at a retailer may be an effective way to introduce your product to consumers. Like all regulatory topics related to wine and beer, there are several items to keep in mind if you are planning to hold in a wine (and/or beer) tasting event at a Specially Designated Merchant (“SDM”), which typically include grocery stores, convenience stores, food specialty stores, gas stations, etc. To obtain a Beer and Wine Tasting Permit in Michigan, there are several requirements. The following is a summary of the major requirements to keep in mind:
Eligibility: Only certain licensees are eligible to obtain a Beer and Wine Tasting Permit. These include Outstate Seller of Beer, Outstate Seller of Wine, Wine Maker, Micro Brewer, Brewer, or Specially Designated Merchant (SDM).
Application: The Beer and Wine Tasting Permit Application must be completed, signed, and returned along with a $70.00 inspection fee.
License Type: The off premises licensed establishment must hold a Specially Designated Merchant (SDM) license in order to conduct beer and wine tastings. If the SDM licensee also
holds a license allowing the consumption of alcoholic liquor on the premises at the same address, they are not eligible for a Beer and Wine Tasting Permit (for example, a business with Class C and SDM licenses is not eligible).
Tasting Limitations: Customers cannot be charged for the tasting of the beer or wine. The tasting samples provided to a customer cannot exceed three servings at up to three ounces of beer or two ounces of wine within a 24-hour period.
Notification: The Michigan Liquor Control Commission (“MLCC”) must be notified at least ten days prior to the beer and wine tasting event regarding the date, time, and location of the event. This notification is done by submitting the Beer and Wine Tasting Event Notification Form (LCC-257).
Server Training: The employee or licensed agent of the outside license-holder conducting the beer and wine tasting must have successfully completed a server training program approved by the MLCC pursuant to MCL 436.1906. They must also be able to show verification of successful completion of server training upon request.
Inventory and Storage: The beer and wine used for the tasting must come from the inventory of the SDM. All open bottles must be removed from the premises on the same business day or resealed and stored in a locked, separate storage compartment on the licensed premises when not being used for the activities allowed by the Beer and Wine Tasting Permit. A wholesaler may not conduct or even participate in the tasting.
Hours of Operation: All beer and wine tasting events must be conducted during the legal hours for the sale of beer and wine on the licensed premises of the SDM licensee. It is important to note that this summary is based on the information provided in the document.
For more detailed and up-to-date information, it is recommended you contact an attorney or the MLCC directly.
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