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HB 4043

Liquor: licenses; providing refrigerator systems to certain licensees; allow. Amends sec. 609 of 1998 PA 58 (MCL 436.1609).

2025-2026 Regular Session Introduced by Tyrone Carter

Expands brand-logoed merchandise to include refrigeration systems for liquor displays, with display-only use, required return, value limits, and penalties for improper giveaways.

bill electronically reproduced 01/30/2025
#liquor:licenses
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Bill Summary · HB 4043

HB 4043 — Liquor: allowing refrigerator systems and related brand‑logoed “barware” (amendment to MCL 436.1609)

Note on source documents: materials provided include unrelated committee reports for a Florida special‑district bill and an Illinois bill with the same number. This summary focuses on the Michigan House Bill HB 4043 as described in the version that amends section 609 of 1998 PA 58 (MCL 436.1609) — the Michigan liquor control statute.

Purpose / Intent

The bill amends MCL 436.1609 to change how “barware” and brand‑logoed merchandise may be provided to licensed liquor retailers and to permit refrigeration systems (and related display systems) to be treated as permitted brand‑logoed merchandise under specified conditions. The aim is to clarify and expand what suppliers may supply for in‑place brand displays while preserving anti‑giveaway protections.

Key provisions

  • Amends section 609 of the Michigan Liquor Control Code (MCL 436.1609).
  • Expands/clarifies the statutory definition of “barware” to explicitly include refrigeration systems (listed in the barware enumeration).
  • Continues to allow manufacturers, out‑of‑state sellers, vendors, and wholesalers to provide brand‑logoed merchandise to on‑premises and off‑premises retailers subject to specified conditions (display use, ownership retention, value limits, and restrictions on transfer to retailer employees or customers).
  • Conditions placed on permitted brand logo merchandise include (among others):
    • Must be used for display purposes only and may provide brand advertising only when used in a display.
    • Must be returned to the supplier on completion of the display; not transferred to retailer for personal use.
    • Value limits for an item (e.g., $200 per item as reflected in the draft language).
    • Prohibitions on items that could be used in daily retail operations (with certain exceptions).
    • Brand merchandise must be unilluminated and meet size restrictions (as enumerated).
  • Wholesalers may deliver and install displays using brand‑logoed merchandise provided without charge by suppliers.
  • Enforcement and penalties: suppliers/wholesalers who improperly provide or sell barware when not authorized may face fines (statutory draft references fines up to $2,500 and other penalties under the act). On‑premises retailers must remove brand merchandise within 14 days after a promotional event.
  • The Michigan Liquor Control Commission retains rulemaking authority; the bill also addresses limits on how the Commission may alter the barware definition by rule.

Who is affected

  • Liquor manufacturers, mixed‑spirit drink manufacturers, wholesalers, vendors and out‑of‑state sellers (as suppliers of brand merchandise).
  • On‑premises and off‑premises liquor retailers who host displays or promotional events.
  • The Michigan Liquor Control Commission (implementation, enforcement, and any related rule changes).
  • Consumers indirectly (through promotional displays) and local regulators responsible for oversight.

Procedural status / timeline

  • Electronic reproduction: 01/30/2025.
  • House introduction / read first time: 01/30/2025 (introduced by Representative Tyrone Carter per the documents).
  • Referred to: Committee on Regulatory Reform (per provided legislative actions).
  • Bill text references an amendment to MCL 436.1609 and contains specific enumerated limits and conditions; further committee action, floor votes, or enactment were not included in the Michigan materials supplied.

Potential impacts / considerations

  • Businesses: suppliers could gain an expanded ability to supply in‑place refrigeration/display systems for brand promotion subject to statutory limits; retailers may receive more supplier‑provided display equipment but must comply with use/return rules.
  • Enforcement: liquor control staff must monitor compliance with value, ownership, and use restrictions; suppliers could face civil fines for violations.
  • Policy considerations: seeks to balance supplier marketing opportunities with longstanding Michigan prohibitions on giving valuable items to licensees; precise operational impact will depend on final statutory language and commission rules.

If you want, I can (1) extract and compare the exact statutory language changes proposed, (2) prepare a redline showing additions/deletions to MCL 436.1609, or (3) summarize the unrelated Florida and Illinois documents that also used bill number 4043.

Compiled from official sources — confirm details with the bill’s official record.

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