Nursing homes and assisted living facilities consumption and display of alcoholic beverages authorization

A bill for an act

relating to liquor; allowing nursing homes and assisted living facilities to allow

consumption and display of alcoholic beverages; proposing coding for new law

in Minnesota Statutes, chapter 340A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[340A.4015] NURSING HOMES, BOARDING CARE HOMES, AND

ASSISTED LIVING FACILITIES; WHEN LICENSE NOT REQUIRED.

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(a) A nursing home as defined in section 144A.01, subdivision 5, a boarding care home

as defined in Minnesota Rules, chapter 4655, or an assisted living facility as defined in

section 144G.08, subdivision 7, collectively known as "facility" or "facilities", is not required

to obtain a license or permit under this chapter for the service of intoxicating liquor on its

premise, subject to the following:

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(1) the facility must submit notice to the commissioner of its intent to allow the service

of intoxicating liquor under this section;

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(2) the facility must hold the license or licenses required by the commissioner of health

to be a valid licensed facility;

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(3) intoxicating liquor may only be served to or by the residents of the facility and their

guests, when the guests are physically accompanied by a resident for the entirety of the

service;

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(4) the service of intoxicating liquor may only occur at activities or events conducted

primarily for residents of the facility and their invited guests, and only within the licensed

facility or on its property;

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(5) intoxicating liquor may not be sold, offered for sale, or otherwise provided for any

form of consideration; and

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(6) facilities are subject to all other provisions and requirements of this chapter and its

applicable rules, not inconsistent with this section.

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(b) A facility allowing the service of intoxicating liquor under this section is open for

inspection by the commissioner and the commissioner's representative and by peace officers,

who may enter and inspect during reasonable hours.

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(c) Facilities operating under this section are subject to the requirements and penalties

outlined in section 340A.415 in the same manner as if they were a license or permit holder.

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(d) The commissioner may take enforcement action as provided in section 340A.415

against any facility operating under this section for any violation of this section and any

other provision of this chapter and Minnesota Rules, chapter 7515, not inconsistent with

this section, including service to an obviously intoxicated person, unlawful furnishing,

underage access or consumption, unlawful possession, unlawful storage, or other

alcohol-related violations.

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(e) The commissioner may prohibit service and require corrective action plans or

mandatory training for staff prior to a facility resuming operation under this section.

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(f) The commissioner may refer any pattern of unsafe service, health risk associated

with alcohol service or storage, or failure to comply with this section to the commissioner

of health for investigation.

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(g) Nothing in this section limits or otherwise affects criminal enforcement under this

chapter or any other law against a facility or any person.

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