Legal Question in Business Law in Michigan

Excessive Bottle Bill

My fathers business recently recieved a letter from the attorney General in reference to the Intiated Law of 1976, or rather the Bottle Bill. We have a store policy, as we are merely a small campus liquor store, that we only accept $2 in bottles at a time, one of our customers made a formal complaint in regards to this and now the attorney general's office is thretening to fine the business up to $25,000. This fine is not the most of my worries, my concern is the owners rights. In a case where our business is not large enough to keep up with massive amounts of bottles that we would begin to recieve, is not the issue at the discretion of the owner? Does the aformentioned Bill revoke the owner's right to make business decisions in regards to his own transactions? I think this is a violation of the business owners right, giving the state control over a clearly inner-business decision. How might I explain this to the Attorney general, are ther laws protecting these rights? where might I locate them?


Asked on 12/28/00, 4:29 pm

1 Answer from Attorneys
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Excessive Bottle Bill

The Initiated Law of 1976 states, at Michigan Compiled Laws Section 445.572(10): "A dealer may accept, but is not required to accept, from a person, empty returnable containers for a refund in excess of $25.00 on any given day."

This suggests that a dealer must accept at least $25 of returnables from a person in a single day. The law imposes other obligations upon dealers, such as requiring that the dealer provide a receptacle for the return of the containers within a specified distance from the store.

The statute does not provide an exemption on the basis of a minimum of overall sales. It does, as you suggest, take away the ability of the dealer to limit a particular transaction, that being the sale and return of regulated containers. The conditions placed on the dealer appear to be requirement for being permitted to sell beverages in regulated containers in the State of Michigan.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.

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Answered on 1/02/01, 9:34 am


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