2 Ways Michigan Could Make It Easier for C-Stores to Operate

WEST BLOOMFIELD, Mich. -- The Associated Food and Petroleum Dealers (AFPD), a trade association representing thousands of food, beverage and fuel retailers operating in Michigan, Ohio, Illinois and surrounding states, is voicing its approval for two proposed Michigan bills that would make it easier for convenience stores to operate.

One of the bills pre-empts local governments from imposing bans taxes, fees and bans on packaging and containers, and the other eliminates arbitrary criteria in Michigan’s liquor code.

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Senate Bill 853—prohibiting cities, towns and counties from imposing bans, taxes or fees on plastic bags, bottles and packaging—is on Michigan Gov. Rick Snyder’s desk awaiting his consideration. If he approves the bill, it would take effect 90 days after its enactment. Michigan would also join Wisconsin, Arizona, Indiana and Idaho, which passed similar legislation this year, in protecting its residents from patchwork laws.

“Having a patchwork of regulation across the state ties the hands of business owners,” said Dan Papineau, director of government relations for AFPD, West Bloomfield, Mich. “If we want to ban plastic bags, we would be better off doing it at the state level so that all retailers compete equally under the same regulations.”

If SB 853 is approved, a Washtenaw County mandate—scheduled to take effect in April 2017—would become a moot point.

The Washtenaw County Board of Commissioners approved an ordinance in June that would impose a 10-cent fee on most plastic bags used by retailers to package goods for customers, according to the Detroit Free Press. 

“This is a bill that attacks local control,” Rep. Jeff Irwin (D-Ann Arbor) told the newspaper.

Approximately 200 U.S. cities and towns have banned plastic shopping bags or slapped taxes on them, according to Forbes.

The AFPD also commended the Michigan House for passing Senate Bill 929, a comprehensive reform to Michigan’s liquor code that will eliminate arbitrary criteria certain businesses have to meet in order to sell beer and wine.

“[It] creates a fair and level playing field for all of our members to compete in,” said Papineau.

The legislation would also put into place a quota system limiting the number of stores that can sell beer and wine. The quota would increase as the populations of local governments grow across the state.

“There will be approximately one beer and wine license for every three spirits license,” said Papineau. “Along with the few exemptions to ensure convenient access to consumers, we believe the quota is appropriate. We do not hear anyone having an issue with having convenient access to spirits.”

The bill will head back to the Senate for concurrence and then go to Snyder for approval.

On Dec. 14, the Michigan House also passed Senate Bill 973, which would allow merchants licensed to sell packaged liquor for consumption off-premises to refill clearly labeled growlers, and Senate Bill 1088, which would allow retailers to ship wine directly to customers via a common carrier such as UPS and FedEx.

SB 973, introduced by introduced by Republican Sen. Dave Hildenbrand, would also allow merchants with an SDD (specially designated distributor) license to sell beer in growlers.

“[Hildenbrand] understood that it was only fair to allow off-premised retailers the same ability on-premise retailers have when it comes to filling and selling growlers,” AFPD’s Papineau said. “The passage of this legislation will provide a new opportunity for retailers to sell unique, hard-to-find craft beers.”

The AFD is also praising SB 1088. “Being able to deliver beer, wine and spirits directly to customers and other designated locations will allow for new unique sales opportunities,” said Auday Arabo, AFPD president and CEO.

SB 1088 will go directly to Michigan's governor for approval, but SB 973 will go back to the Senate for an immediate-effect vote before being sent to Snyder, Papineau said.