Bill Text: MI SB0885 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Liquor; licenses; eligibility for nonpublic continuing care retirement center license; expand. Amends sec. 545 of 1998 PA 58 (MCL 436.1545).
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2016-12-13 - Assigned Pa 0328'16 With Immediate Effect [SB0885 Detail]
Download: Michigan-2015-SB0885-Chaptered.html
Act No. 328
Public Acts of 2016
Approved by the Governor
December 8, 2016
Filed with the Secretary of State
December 8, 2016
EFFECTIVE DATE: March 8, 2017
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Senators MacGregor, Hertel, Knollenberg and Horn
ENROLLED SENATE BILL No. 885
AN ACT to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 545 (MCL 436.1545), as added by 2010 PA 213.
The People of the State of Michigan enact:
Sec. 545. (1) As used in this act, “nonpublic continuing care retirement center” means a residential community that, as determined by the commission, meets both of the following conditions:
(a) Provides full-time residential housing predominantly for individuals over the age of 62.
(b) Meets 1 of the following conditions:
(i) Is registered as a facility under former 1976 PA 440 or the continuing care community disclosure act, 2014 PA 448, MCL 554.901 to 554.993.
(ii) Is a home for the aged licensed under part 213 of the public health code, 1978 PA 368, MCL 333.21301 to 333.21335.
(2) The commission, on submission of a completed application, shall grant a nonpublic continuing care retirement center license to an applicant complying with this section. Subject to subsection (4), the commission shall not issue more than 25 licenses under this section. If the holder of a license issued under this section goes out of business, the license must be surrendered to the commission. The commission may allow the transfer of a surrendered license to a new business owner on transfer of the owner’s interest in the business if the new business owner meets the same condition under subsection (1)(b) as the previous business owner.
(3) The holder of a nonpublic continuing care retirement center license may sell at retail and serve on the licensed premises beer, wine, mixed spirit drink, mixed wine drink, and spirits, for consumption by a resident or the bona fide guests accompanying the resident, only on the licensed premises.
(4) The commission shall not issue more than 20 licenses under this section to facilities described in subsection (1)(b)(i). The commission shall not issue more than 5 licenses under this section to homes for the aged described in subsection (1)(b)(ii).
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
