Covid-19: Resources for Michigan Breweries.
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Thank you for your interest in completing the Michigan Brewers Guild’s Michigan Salesperson License Accreditation Program. Throughout this process, you’ll be taken through critical information regarding the rules and laws governing the actions of a salesperson. After each section you will be presented a “checkbox” to acknowledge comprehension of the material. If you do not comprehend the material or have questions about any sections in the program please contact the Michigan Brewers Guild at email@example.com and we will get back to you to answer your questions.
At the end of the course, you will provide contact information along with payment to complete the process. A confirmation email will be sent to you once processed that will provide the necessary certification information to apply for or renew a Salesperson License.
Now, let’s get started...
Let’s cover some common terms
Salesperson - A person who is employed by a manufacturer of beer or wine, an outstate seller of beer or wine, a wholesaler or a vendor of spirits and who is licensed by the commission to sell, deliver, or promote, or otherwise assist in the sale of, alcoholic liquor in this state.
On-Premise Retailer - A retail licensee who primarily sells alcohol for consumption within their licensed area
Off-Premise Retailer - A retail licensee who sells packaged alcohol for consumption outside of their licensed area.
Specially Designated Merchant (SDM)- License held by an off-premise retailer selling packaged beer and wine.
Specially Designated Distributor (SDD) - License held by an off-premise retailer selling packaged spirits and mixed spirit products.
Alcoholic liquor - As defined in the Michigan Liquor Control Code means any spirituous, vinous, malt, or fermented liquor, powder, liquids, and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing 1/2 of 1% or more of alcohol by volume that are fit for use for food purposes or beverage purposes. This includes beer and wine.
Wholesaler - License to purchase beer, wine and mixed spirit drink from licensed suppliers. May resell beer, wine and mixed spirit drink to licensed Michigan retailers. May not sell or deliver alcoholic beverages to consumers.
Brand Logo - An image registered with the MLCC used to advertise or represent a particular beer or wine product, not an image which represents the manufacturer of the beer or wine.
By checking this box, I am acknowledging that I have listened to and/or read the above information and wish to continue with the training process.
As a salesperson licensed in the State of Michigan, you need to be aware of the rules and laws governing your interaction with wholesalers, retailers and consumers. You can not aid or assist a retailer with a gift, loan of money or property of any description, or any other valuable thing, or by the giving of premiums or rebates. So you may not provide a retailer with any type of payment, merchandise, labor or service unless specifically allowed by the Liquor Control Commission. You may only provide advertising items that promote the brands and prices of the products produced by your company and the advertising items that may have no use or value beyond actual advertising of the brands and prices of the products. Certain items which are specifically allowed by the code are:
A retailer may use and possess barware that advertises brands of spirits under certain circumstances but the rules regarding the use and possession of barware that advertises brands of beer and wine are somewhat different. If a retailer wishes to use barware items that advertise beer or wine the items must be purchased from a barware retailer that is not affiliated with the manufacturer or wholesaler of beer or wine.
Additionally certain Brand Logoed items may be loaned to the licensee as long as the value does not exceed $200 and the item is for display purposes only. These items may only advertise the brand when used in a display and must be returned to the supplier or wholesaler upon completion of the display period. You are not permitted to provide brand logoed merchandise that is illuminated, that is more than 3,500 square inches or that could be used in the daily operation of the retailer. Barware items and brand logoed merchandise utilized in a registered on-premise promotion can be provided but must be removed within 14 days of the event. Examples of Barware are:
View Full Section in MLCC Code and Administrative Rules
Prices of products sold to retail licensees must be registered with the MLCC for all brands of case and keg beer for any given market area. Any reductions in price for a beer package must be filed with the commision and held for 90 days. You cannot sell beer at a quantity discount.
You can purchase beer for consumers in an on-premise retail establishment for promotional purposes, but only one per person of your brand and cannot exceed $100 per day. A salesperson selling wine or spirits may purchase one drink of their brands for each customer of an on-premises licensee for promotional purposes. You may only purchase drinks at a location no more than twice per month. You must keep a record of the expenses for 4 years and be able to present them to the MLCC for review.
A licensee employed to deliver alcoholic liquor, including beer, may not purchase a drink for a retail licensee while on duty or in the course of employment.
You may refund or replace beer or wine for only the following reasons:
If the beer is within 30 days of its out-of-date code, you may refund the retailer the amount paid for the beer.
Any refund or exchange must be the exact amount the retailer paid for the beer or wine and can only be made for beer or wine that the manufacturer or wholesaler sold to the retailer.
This section applies to wholesalers and self-distributing micro brewers. To qualify as a self-distributing micro brewer that may sell and deliver beer to a retailer a micro brewer must produce less than 1,000 barrels of beer per year including all brands and labels produced by the micro brewer. Additionally, a qualified micro brewer may only sell beer to a retailer that is not located within a sales territory for which the rights have been granted to a wholesaler, beer must be sold and delivered by an employee of the qualified micro brewer and transported and delivered using a vehicle owned by the qualified micro brewer. A qualified micro brewer must also be in compliance with the applicable state and federal laws and regulations including requirements related to employees that sell and deliver beer to retailers, vehicles used to deliver beer to retailers and price schedules and temporary price reductions.
With very rare exception, the sale of alcoholic liquor, which includes beer, wine mixed spirit drink and spirits, is a cash or check on delivery transaction between all tiers from manufacturer to consumer. Electronic funds transfer at the time of delivery is acceptable.
You can not provide or sell a retailer advertising that has the retailers name on it. Also you are not allowed to pay the retailer for advertising space.
A manufacturer or wholesaler cannot pay for cooperative advertising with a retailer or wholesaler. You may as a manufacturer, an outstate seller of beer, or an outstate seller wine do any of the following:
This rule is specific to wine pricing and outlines the quarterly price filings and quantity discounts.
A manufacturer or wholesaler must file prices to retail licensees for all wine by kind, type, size and brand with the MLCC before January 1, April 1, July 1, and October 1 of each year.
Price changes during a quarter must be approved in writing by the commission and shall not be granted for periods less than 14 calendar days.
Split case fees are acceptable
Volume or quantity discounts for wine are prohibited.
Manufacturers and wholesalers may conduct on-premises brand promotions at retail licensees as long as all MLCC standards and provisions are met. Any deviation without prior approval from the Commission may result in citations against the sponsoring vendor and the participating retail licensee.
The Commission must be notified in writing, a minimum of five working days prior to the event of the date, time and location of the event and you may hold no more than three events per retail licensee within a calendar month. A participating retailer may not receive any fee or other valuable consideration for participating in an on-premises promotion and suppliers, wholesalers and licensed representatives are not allowed to furnish any alcoholic liquor (including beer or wine) to participating retailers.
There may be no advertising of the on-premises promotion by any party off the licensed premises through banners, flyers, radio advertising or by any other means. Inside point of sale material may be utilized, provided that it is not illuminated and not more than 3,500 square inches in dimension.
Certain approved items such as logoed coasters, napkins, stir rods, placemats, tubs and buckets may be used during a promotion but all such items must be removed from the retailer’s premises by the close of business on the day of the promotion. Logoed apparel may be worn by the employees of the retailer only during the hours of the promotion but all logoed apparel must also be removed from the retailer’s premises by the close of business on the day of the promotion.
Anyone attending the promotion and promoting alcoholic beverages in any manner on behalf of a sponsoring vendor must hold a valid salesperson license and the supplier or wholesaler conducting the promotion must have a licensed representative present at the establishment to set up and to remove any logoed items after the promotion. A licensed representative must be present during the hours of the promotion when brand logoed merchandise is to be given away to consumers. Licensed representatives may distribute merchandise to consumers who are 21 years of age or older during a promotion but the maximum total value of all merchandise distributed to consumers on any given day is $100.00. No alcoholic beverage purchase or consumption may be required for awarding merchandise to consumers. All merchandise given to consumers must be distributed by a licensed representative and not by the retailer. Merchandise may be awarded to consumers through contests and any random drawing awarding logoed prizes must be open to anyone 21 years of age or older who wishes to participate and winners need not be present to win. Any contests awarding merchandise must comply with all MLCC rules including the issuance of any necessary entertainment permits required by the retailer.
Vendors of spirits are permitted to give spirit branded logoed glassware to consumers through “Keep the Glass” promotions. This is the only way that brand logoed glassware may be distributed to consumers and brand logoed glassware may not be given to consumers in any other manner. During the hours of promotion consumers may purchase a drink in a spirit brand logoed container and may keep the container but a maximum of two spirit brand logoed glasses may be sold to any individual consumer during a promotion. The sponsoring vendor of the spirits must have a licensed representative present during all hours of a “Keep the Glass” promotion. Brand logoed glassware may not contain the name of any retail licensee and must be removed from the retailer’s premises by the close of business on the day of the promotion. Glassware given to consumers this way does not count toward the $100.00 limit of merchandise that can be distributed to consumers.
Participating retailers must comply with all MLCC statutes and rules.
The MLCC will continue to review these guidelines and may modify them as they deem necessary. Following is a link to the promotions administrative order.
View Full Section in Administrative Order regarding On-Premises Promotions 10/27/1999
Congratulations. You have completed the training process and are now ready to register for an account and take the assessment. Once you pass the assessment, you will be able to purchase your certificate.
Congratulations. You have completed the training process and are now ready to take the assessment. Once you pass the assessment, you will be able to purchase your certificate.
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