2005 Senate Bill 625 / Public Act 268

Allow limited direct retail wine shipments

Introduced in the Senate

June 22, 2005

Introduced by Sen. Michelle McManus (R-35)

To allow direct shipments of wine for personal consumption from a retailer or a winery anywhere in the country to an individual in Michigan. A seller would have to apply for a state permit and pay a $100 fee, file quarterly reports with details of shipments into the state, could not ship more than 24 cases each year to a single customer, and would have to pay all applicable state taxes. The U.S. Supreme Court recently struck down Michigan’s law banning such shipments because it discriminates against out-of-state sellers. See also House Bill 4959 and Senate Bill 600, which ban wine shipments equally from in-state and out-of-state wineries.

Referred to the Committee on Government Operations and Reform

Nov. 10, 2005

Referred to the Committee on Economic Development, Small Business, and Regulatory Reform

Dec. 1, 2005

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Substitute offered

To adopt a much less permissive direct wine shipment law. See Senate-passed version for details.

The substitute passed by voice vote

Passed in the Senate 35 to 0 (details)

To limit direct wine shipment from in-state and out-of-state wineries to Michigan citizens for personal consumption. Subject to existing conditions and regulations, a winery that pays a $100 annual license fee could annually ship not more than 1,500 cases per year to all Michigan consumers. The bill contains proof-of-age regulations on Internet orders and shipment receipts. In-state wineries could ship directly to restaurants, but out-of-state ones could not. If this provision is challenged successfully challenged in court then Michigan wineries would also be prohibited from selling to restaurants.

Received in the House

Dec. 1, 2005

Dec. 6, 2005

Passed in the House 104 to 0 (details)

Signed by Gov. Jennifer Granholm

Dec. 15, 2005