Act No. 407

Public Acts of 2004

Approved by the Governor

November 29, 2004

Filed with the Secretary of State

November 29, 2004

EFFECTIVE DATE: November 29, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Rep. Rocca

ENROLLED HOUSE BILL No. 4458

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 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 section229 (MCL 436.1229).

The People of the State of Michigan enact:

Sec. 229. (1) The commission may license a hotel or merchant, in places that the commission may designate, to sell spirits for consumption off the premises, notwithstanding section 233(1). If alcoholic liquor is sold by a specially designated distributor pursuant to a license issued under this section it shall not be sold at less than the minimum retail selling price fixed by the commission and pursuant to rules promulgated by the commission.

(2) As used in this section and in sections 1201, 1203, 1205, and 1207, "retail selling price" means the price the commission pays for spirits plus the gross profit established in section 233.

(3) As used in this section, "minimum retail selling price" means retail selling price plus the specific taxes imposed in sections 1201, 1203, 1205, and 1207.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor