AGO 6370.

• Case Date: June 10, 1986
• Court: Michigan

Michigan Attorney General Opinions 1986. AGO 6370. June 10, 1986STATE OF MICHIGANFRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6370BOTTLES AND BOTTLING: Application of returnable container and deposit requirements to containers of spirituous liquors distilled from malted grains In their approval of 1976 PA Initiated Law, the people did not require spirituous alcoholic liquors, such as whiskey, gin or vodka distilled from malt or fermented malt grains, to be sold only in returnable containers and upon payment of refundable cash deposits. Honorable Charles Mueller State Representative The Capitol Lansing, Michigan 48913 Honorable Michael J. O'Brien State Senator The Capitol Lansing, Michigan 48913You have requested my opinion on the question whether alcoholic liquors consisting of spirits such as whiskey, gin, or vodka which are distilled from malt or malted cereals, are subject to the 1976 PA Initiated Law, MCL 445.571 et seq; MSA 18.1206(11) et seq. At the general election held on November 2, 1976, the people approved an initiative proposal designated as Proposal A, which, as listed on the ballot, read as follows: 'PROPOSAL A 'PROPOSED LAW TO PROHIBIT THE USE OF NON-RETURNABLE BOTTLES AND CANS FOR SOFT DRINKS AND BEER; TO REQUIRE REFUNDABLE CASH DEPOSITS FOR SOFT DRINK AND BEER CONTAINERS; AND TO PROVIDE PENALTIES FOR VIOLATION OF THE LAW. 'THE PROPOSED LAW WOULD: '(a) Prohibit the use of non-returnable bottles and cans for the sale of soft drinks and beer for off-premises consumption; '(b) Set up a requirement for cash deposits and repayment of deposits for soft drink and beer containers; '(c) Prohibit the use of metal soft drink and beer containers with detachable openers; '(d) Establish fines for violation of the law by dealers, distributors and manufacturers. 'Should this proposed law be approved? 'YES 'NO' The notice to the people of the election stated, in pertinent part, that Proposal A was: '(NEW LEGISLATION PROPOSED BY INITIATIVE PETITION TO PROHIBIT THE USE OF NON-RETURNABLE BOTTLES AND CANS FOR SOFT DRINKS AND BEER; TO REQUIRE REFUNDABLE CASH DEPOSITS FOR SOFT DRINKS AND BEER CONTAINERS; AND TO PROVIDE PENALTIES FOR VIOLATION OF THE LAW)' 1976 PA Initiated Law prohibits the use of non-returnable containers for the sale of certain beverages for off-premise consumption, requires cash deposits and repayment of deposits for such containers, and prohibits the use of certain containers for such beverages. Certain definitions are contained in the 1976 PA Initiated Law, MCL 445.571; MSA 18.1206(11), which are pertinent to your question: '(a) 'Beverage' means a soft drink, soda water, carbonated natural or mineral water, or other nonalcoholic carbonated drink; beer, ale, or other malt drink of whatever alcoholic content. '. . .. '(e) 'Person' means an individual, partnership, corporation, association, or other legal entity. '. . .. '(g) 'Dealer' means a person who sells or offers for sale to consumers within this state a beverage in a beverage container, including an operator of a vending machine containing a beverage in a beverage container. '. . .. '(1) 'Commission' means the Michigan liquor control commission.' (Emphasis added.) In 1976 PA Initiated Law, MCL 445.572; MSA 18.1206(12), the people have provided in pertinent part: '(1) A dealer shall not, within this state, sell, offer for sale, or give to consumers a nonreturnable container or a beverage in a nonreturnable container. '(2) A dealer who regularly sells beverages for consumption off the dealer's premises shall provide on the premises, or within 100 yards of the premises on which the dealer sells or offers for sale a beverage in a returnable container, a convenient means whereby the containers of any kind, size, and brand sold or offered for sale by the dealer may be returned by, and the deposit refunded in cash to, a person whether or not the person is the original customer of that dealer, and whether or not the container was sold by that dealer.' (Emphasis added.) Violations of 1976 PA Initiated Law are punishable by fines of not less than $100.00 nor more than $1,000.00 and the cost of...