Secondary Use Do's and Dont's
The Michigan Licensed Beverage Association has created a one page recap of what is and is not allowed under the new Secondary Use Law.
Anything that promotes the brands and prices of alcoholic liquor and has no other value may be provided to a retail licensee by a manufacturer (ex: Michigan breweries, wineries and distilleries), mixed spirit drink manufacturer, warehouser, wholesaler, outstate seller of beer, outstate seller of wine, outstate seller of mixed spirit drink, or vendor of spirits.
Those listed above may also provide:
- Shelf talkers
- Bottle neckers
- Cooler stickers
- Buttons (blinking and non-blinking)
- Menu clip-ons
- Napkin holders
- Spirits cold shot tap machines
- Alcoholic liquor drink menus
- Any advertising items that were approved by the Commission prior to January 1, 2014
Items that much be purchased
Secondary use items (barware with alcoholic liquor logos) that may now be purchased and used on-premises are:
- Bottle openers
- Stir rods
Beer, wine, and mixed spirit drinks (products that are purchased from a beer and/or wine wholesaler).
All beer and wine logoed barware must be purchased from a third-party barware retailer. The above items may not be purchased or provided at no charge by a manufacturer of beer, a manufacturer of wine, mixed spirit drink manufacturer, wholesaler, outstate seller of beer, outstate seller of wine or an outstate seller of mixed spirit drink.
Spirits (products that are purchased from the state and delivered by an ADA)
The items above may be purchased from a manufacturer of spirits, vendor of spirits, salesperson, broker, or a third-party barware retailer.
- Land and Sea Packaging, Grand Rapids, Mich.
- Staples (Anheuser-Busch items exclusively)
Each retail licensee must keep receipts of barware purchases for three years and report each purchase made in the preceding year to the MLCC on their renewal application beginning April 1, 2015.
On-premises promotions can still be held where items are provided at no charge. However, if the promotion is conducted by a wholesaler, winery, or brewery, the items provided must be removed from licensed premises 14 days after the event.
If the event is conducted by a spirits vendor, all items listed above not purchased by the retailer must be removed 14 days after the event. If the promotional items are purchased by the retail licensee, they can remain on-premises and the owner must keep a receipt.