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SB 730 restricts co-branded alcohol displays from abutting nonalcoholic drinks and youth-oriented snacks, with signage for small stores and MLCC enforcement.
SB 730 restricts co-branded alcohol displays from abutting nonalcoholic drinks and youth-oriented snacks, with signage for small stores and MLCC enforcement.
Status and procedural posture
- Introduced in the Michigan Senate (sponsor: Sen. Dayna Polehanki) as part of amendments to the Michigan Liquor Control Code (1998 PA 58). Passed the Senate (Substitute S‑2) June 26, 2024 and was referred to the House (Regulatory Reform/other committees); current status reported as referred to second reading.
- Proposed statutory insertion: Sec. 609k (proposed MCL 436.1609k).
Purpose / intent
- Reduce consumer confusion and the potential appeal of alcoholic products to youth by regulating where “co‑branded” alcoholic beverages may be displayed in retail stores relative to nonalcoholic products and youth‑oriented snacks.
Key provisions
- Definition: “Co‑branded alcoholic beverage” — any alcoholic liquor that has the same or similar brand name, logo, or packaging as a nonalcoholic beverage.
- Retail placement restriction (large stores): An off‑premises retailer with a retail sales floor greater than 2,500 square feet may not display co‑branded alcoholic beverages abutting or otherwise sharing a common border with:
- soft drinks, fruit juices, bottled water,
- candy, toys, or snack foods when the snack foods portray cartoons or youth‑oriented images.
- Retail placement requirement (small stores): Off‑premises retailers with a retail sales floor equal to or less than 2,500 square feet must either:
- refrain from such adjacent displays, or
- post clearly visible signage (minimum 8.5" x 11") on any display that would otherwise be prohibited, stating: “THIS PRODUCT IS AN ALCOHOLIC BEVERAGE AVAILABLE ONLY TO PERSONS WHO ARE 21 YEARS OF AGE OR OLDER.”
- Enforcement and penalties:
- Enforcement authority rests with the Michigan Liquor Control Commission (MLCC) under existing code provisions.
- Any fines ordered by the Commission for violations must be deposited into the Liquor Control Enforcement and License Investigation Revolving Fund.
- The bill does not set specific fine amounts; it relies on penalties otherwise provided in the Liquor Control Code.
Who is affected
- Off‑premises retailers (grocery stores, convenience stores, liquor stores, etc.), particularly those exceeding 2,500 sq ft that use multi‑location product placement.
- Alcohol and nonalcohol beverage brands that employ similar branding across alcoholic and nonalcoholic products.
- Consumers — with an explicit aim to reduce inadvertent appeal or confusion among youth.
Fiscal and administrative impact
- State: indeterminate positive fiscal impact (potential fine revenue to MLCC fund); possible modest additional administrative and enforcement costs to the Department of Licensing and Regulatory Affairs/MLCC.
- Local governments: no anticipated fiscal impact.
- No dollar amounts or fines are specified in the bill text.
Arguments raised in legislative materials
- Support: Prevents placement practices that may encourage underage purchase or confuse consumers; similar laws exist in other states.
- Opposition/concerns: Reduces merchandising flexibility and may reduce retail sales or complicate store layout for larger retailers.
Bottom line
- SB 730 creates a placement rule for “co‑branded” alcoholic beverages to limit adjacency to nonalcoholic drinks, candy, toys, and youth‑oriented snacks — with stricter requirements for larger retailers and a signage exception for smaller retailers. Enforcement is through existing MLCC authority; fines would fund liquor enforcement activities.
Compiled from official sources — confirm details with the bill’s official record.
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