Liquor: other; definition of brand; modify. Amends secs. 105 & 1115 of 1998 PA 58 (MCL 436.1105 436.2115) & adds sec. 604. TIE BAR WITH: HB 4823'25

The bill now amends both section 105 and section 1115 of the Michigan Liquor Control Code, expanding its reach beyond just the definitions section to also cover provisions in section 1115 (amended by 2010 PA 213).

Two new subsections were added to the 'alternating proprietorship' definition: one allowing distillers or small distillers to share space and equipment for spirits manufacturing, and another allowing mixed spirit drink manufacturers to do the same, both referencing 27 CFR 19.141.

The definition of 'beer' was split into two categories: (a) beverages with at least 0.5% alcohol by volume made from barley, malt, hops, sugar, or other cereal, and (b) beverages with less than 0.5% alcohol by volume (including 0.0%) made from barley, malt, hops, or other cereal. This explicitly brings non-alcoholic and low-alcohol beer under the statutory definition.

The 'brand extension' definition was rewritten to remove the prior 'incorporates all or a substantial part of unique features' language and replace it with a clearer standard: a brand marketed using the same name, identifier, or trademark (or a derivative/portion thereof) as a previously sold brand that would lead a reasonable person to recognize the relationship to an existing brand.

The 'brand' definition was revised to remove 'name' from the initial list of identifiers and restructure the language around what constitutes a brand name, identifier, or trademark when used by a supplier.

The diff does not show a true text-to-text comparison of two bill versions. The 'before' is the Senate-passed bill text; the 'after' is a committee records webpage. No substantive policy changes between versions can be identified from this diff alone.

The committee records page confirms HB 4824 was reported with substitute (H-3) and became Public Act 83 of 2026, indicating it was enacted into law.

New Section 1115 requires licensees who want to sell spirits or mixed spirit drink between 12 noon Sunday and 2 a.m. Monday to first obtain a permit and pay an additional fee equal to 15% of their license fee.

Revenue from the new Sunday/Monday spirits permit fee is deposited into a special fund for alcohol treatment programs administered by the Department of Health and Human Services, with $680,000 per fiscal year transferred to the general fund. Other revenue from the $160 license fee goes to the general fund.

The new Section 1115 (Sunday/Monday spirits sales permit) expires on September 30, 2029.

The House version included an enacting section stating the bill would not take effect unless HB 4823 of the 103rd Legislature was also enacted. The Senate removed this condition, allowing this bill to stand on its own.

Subsection (17) now explicitly states December 23, 2025 as the effective date for preserving existing distribution rights related to brand and brand extension provisions.

The definition of 'beer' was split into two categories: (a) beer containing at least 0.5% alcohol by volume, and (b) beer containing less than 0.5% ABV including beverages with 0.0% alcohol, explicitly bringing non-alcoholic beer under the statutory definition.

The 'brand' definition was rewritten to remove the embedded definition of 'supplier' and simplify the language around what constitutes a brand name, identifier, or trademark.

The 'brand extension' definition was replaced. The old version referenced incorporating 'unique features of a preexisting brand.' The new version uses a 'reasonable person' standard: a brand marketed using the same name, identifier, or trademark (or a derivative/portion) that would lead a reasonable person to recognize its relationship to an existing brand.

New subsections (c) and (d) were added to the 'alternating proprietorship' definition, covering arrangements where distillers/small distillers or mixed spirit drink manufacturers take turns using shared space and equipment.

The 'brandy' definition was updated from referencing '27 CFR 5.22(d).5.145' to 'former 27 CFR 5.145,' reflecting a regulatory renumbering.

A supplier's legal name, assumed name, trade name, or DBA is now only considered a brand name if it is 'prominently featured' on the container or packaging (previously just 'used on') AND is used both to market and identify the product (previously only required to be used to market the product). This narrows when a supplier's name triggers brand-name restrictions.

The test for whether a new beer, wine, or mixed drink brand is confusingly similar to an existing one now requires that the derivative or portion of the name 'would lead a reasonable person to recognize its relationship to an existing brand.' Previously, being a derivative or portion was sufficient on its own. This adds a subjective recognition threshold that makes it harder to find a new brand confusingly similar.

The enacting section now conditions the bill's effectiveness only on House Bill No. 4823 being enacted, removing the alternative reference to an unnumbered Senate Bill and associated request numbers.

Added a new definition for 'alcohol vapor device' to clarify what constitutes a device that produces vapor or mist from alcoholic liquor for inhalation.

Modified the definition of 'brand' to explicitly state that a supplier's legal or trade name is not considered a brand if it is not prominently featured on the container or packaging, and if it is used solely for identification purposes.