436.1607 Eligibility for license as specially designated merchant or specially designated distributor; prohibitions; small distiller; wine maker and small wine maker; bre
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436.1607 Eligibility for license as specially designated merchant or specially designated distributor; prohibitions; small distiller; wine maker and small wine maker; brewer as specially designated merchant; brewery hospitality room; sales or deliveries by wholesaler.
Sec. 607.
(1)Except as provided in section 536(7)(h), a warehouser, mixed spirit drink manufacturer, wholesaler, outstate seller of beer, outstate seller of wine, outstate seller of mixed spirit drink, or vendor of spirits must not be licensed as a specially designated merchant or a specially designated distributor. A person licensed as a small distiller is not considered to be a specially designated distributor. Beginning December 23, 2007 and in addition to the persons described in this subsection, a wine maker and a small wine maker must also not be licensed as a specially designated merchant or a specially designated distributor. Any wine maker or small wine maker holding a specially designated merchant or specially designated distributor license on December 23, 2007 may continue to hold a specially designated merchant or specially designated distributor license.
(2)A specially designated distributor or specially designated merchant or any other retailer shall not hold a mixed spirit drink manufacturer, wholesale, warehouse, outstate seller of beer, outstate seller of mixed spirit drink, or outstate seller of wine license. Beginning December 23, 2007, a specially designated distributor or specially designated merchant shall not hold a wine maker or small wine maker license in addition to being prohibited from holding any other license described in this subsection. Any specially designated distributor or specially designated merchant holding a wine maker or small wine maker license on December 23, 2007 may continue to hold a wine maker or small wine maker license.
(3)A brewer, warehouser, or wholesaler must not be licensed as a specially designated merchant. This subsection does not affect the operation of a brewery hospitality room.
(4)A wholesaler may sell or deliver beer, wine, mixed wine drink, and mixed spirit drink to hospitals; military establishments; governments of federal Indian reservations; a border store or airport store as defined in 19 USC 1555(b)(8); a trade association exempt from taxation under section 501(c)(6) of the internal revenue code of 1986, 26 USC 501, whose members are licensed under this act and where the beer, wine, mixed wine drink, or mixed spirit drink is for on-premises consumption and not for resale; and churches requiring sacramental wines and may sell to the wholesaler's own employees to a limit of 2 cases of 24 12-ounce units or its equivalent of malt beverage per week, or 1 case of 12 1-liter units or its equivalent of wine, mixed wine drink, or mixed spirit drink per week.
History: 1998, Act 58 , Imd. Eff. Apr. 14, 1998 ;-- Am. 2005, Act 269 , Imd. Eff. Dec. 16, 2005 ;-- Am. 2008, Act 218 , Imd. Eff. July 16, 2008 ;-- Am. 2018, Act 417 , Imd. Eff. Dec. 19, 2018 ;-- Am. 2025, Act 65 , Imd. Eff. Dec. 23, 2025