(A) (1) A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, or possess or attempt to possess alcoholic liquor, except as provided in this section. A minor who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions:
(a) For the first violation a fine of not more than $100, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of the Public Health Code, Public Act 368 of 1978, M.C.L.A. § 333.6107, and designated by the administrator of substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in division (A)(3).
(b) For a violation of this section following a prior violation of this section, or section 33b(1) of former 1933 (Ex Sess) PA 8, a fine of not more than $200, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of the Public Health Code, Public Act 368 of 1978, M.C.L.A. § 333.6107, and designated by the Administrator of Substance Abuse Services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in division (A)(3).
(c) For a violation of this section following two or more prior violations of this section or section 33b(1) of former 1933 (Ex Sess) PA 8, a fine of not more than $500 and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of the Public Health Code, Public Act 368 of 1978, M.C.L.A. § 333.6107, and designated by the Administrator of Substance Abuse Services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in division (A)(3).
(2) A person who furnishes fraudulent identification to a minor, or notwithstanding division (A)(1) a minor who uses fraudulent identification to purchase alcoholic liquor, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both.
(3) The court may order the person convicted of violating division (A)(1) to undergo screening and assessment by a person or agency as designated by the substance abuse coordinating agency as defined in section 6103 of the Public Health Code, Public Act 368 of 1978, M.C.L.A. § 333.6103, in order to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs.
(4) The Secretary of State shall suspend the operator's or chauffeur's license of an individual convicted of violating divisions (A)(1) or (2) as provided in section 319 of the Michigan Vehicle Code, Public Act 300 of 1949, M.C.L.A. § 257.319, as amended.
(5) A peace officer who has reasonable cause to believe a minor has consumed alcoholic liquor may require the person to submit to a preliminary chemical breath analysis. A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis, or other acceptable blood alcohol test are admissible in a criminal prosecution to determine whether the minor has consumed or possessed alcoholic liquor. A minor who refuses to submit to a preliminary chemical breath test analysis as required by this section is responsible for a civil infraction and may be ordered to pay a civil fine of not more than $100..
(6) A law enforcement agency, upon determining that a person less than 18 years of age who is not emancipated pursuant to Public Act 293 of 1968, M.C.L.A. § 722.1 through 722.6, allegedly consumed, possessed, purchased, or attempted to consume, possess, or purchase alcoholic liquor in violation of division (A)(1) shall notify the parent or parents, custodian, or guardian of the person as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the law enforcement agency. The notice required by this subdivision shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated division (A)(1) is less than 18 years of age and not emancipated under Public Act 293 of 1968, M.C.L.A. § 722.1 through 722.6. The notice may be made by any means reasonably calculated to give prompt actual notice including, but not limited to, notice in person, by telephone, or by first-class mail. If an individual less than 17 years of age is incarcerated for violating division (A)(1), his or her parents or legal guardian shall be notified immediately as provided in this subdivision.
(7) This section does not prohibit a minor from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by the Liquor Control Code of 1998, Public Act 58 of 1998, M.C.L.A. § 435.1101 et seq.; by the commission, or by an agent of the commission, if the alcoholic liquor is not possessed for his or her consumption.
(8) This section does not limit the civil or criminal liability of the vendor or the vendor's clerk, servant, agent, or employee for a violation of this section.
(9) The consumption of alcoholic liquor by a minor who is enrolled in a course offered by an accredited post-secondary educational institution in an academic building of the institution under the supervision of a faculty member is not prohibited by this section if the purpose of the consumption is solely educational and is a requirement of the course.
(10) The consumption by a minor of sacramental wine in connection with religious services at a church, synagogue, or temple is not prohibited by this section.
(11) Division (A)(1) does not apply to a minor who participates in either or both of the following:
(a) An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the person's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.
(b) An undercover operation in which the minor purchase or receives alcoholic liquor under the direction of the state police, the commission, or a local police agency as part of an enforcement action unless the initial or contemporaneous purchase or receipt of alcoholic liquor by the minor was not under the direction of the state police, the commission, or the local police agency and was not part of the undercover operation.
(12) The state police, the commission, or a local police agency shall not recruit or attempt to recruit a minor for participation in an undercover operation at the scene of a violation of division (A)(1), M.C.L.A. §§ 436.1801(2) or 436.1701(1).
(13) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PROBATE COURT DISPOSITION. An order of disposition of the probate court or the family division of the circuit court for a child found to be within the provisions of Public Act 288 of 1939, chapter XIIA, M.C.L.A. § 712A through 712A.32.
WORK LOCATION. The specific place or places of employment, or the territory or territories regularly visited by the person in pursuance of the person's occupation, or both.
MINOR. A person less than 21 years of age.
(‘83 Code, § 135.04) (Ord. 99-017, passed 2-28-00)
(B) (1) A person less than 21 years of age shall not knowingly transport or possess alcoholic liquor in a motor vehicle as an operator or occupant unless the person is employed by a licensee under the Michigan Liquor Control Code of 1998, Public Act 58 of 1998, M.C.L.A. §§ 436.1101 through 436.2303, a common carrier designated by the Liquor Control Commission under the Michigan Control Code of 1998, Public Act 58 of 1998, M.C.L.A. §§ 436.1101 through 436.2303, the Liquor Control Commission, or an agent of the Liquor Control Commission and is transporting or having the alcoholic liquor in a motor vehicle under the person's control during regular working hours and in the course of the person's employment. This section does not prevent a person less than 21 years of age from knowingly transporting alcoholic liquor in a motor vehicle if a person at least 21 years of age is present inside the motor vehicle. A person who violates this subdivision is guilty of a misdemeanor punishable as provided for in § 10.99. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan Liquor Control Code of 1998, Public Act 58 of 1998, M.C.L.A. § 435.1703.
(2) Within 30 days after the conviction for a violation of division (B)(1) by the operator of a motor vehicle, which conviction has become final, the arresting law enforcement officer or the officer's supervisor may make a complaint before the court from which the warrant was issued. The complaint shall be under oath and shall describe the motor vehicle in which alcoholic liquor was possessed or transported by the operator, who is less than 21 years of age, in committing the violation and requesting that the motor vehicle be impounded as provided in this division. Upon the filing of the complaint, the court shall issue to the owner of the motor vehicle an order to show cause why the motor vehicle should not be impounded. The order to show cause shall fix a date and time for a hearing, which shall not be less than ten days after the issuance of the order. The order shall be served by delivering a true copy to the owner not less than three full days before the date of hearing or, if the owner cannot be located, by sending a true copy by certified mail to the last known address of the owner. If the owner is a nonresident of the state, service may be made upon the secretary of state as provided in M.C.L.A. § 257.403.
(3) If the court determines upon the hearing of the order to show cause, from competent and relevant evidence, that at the time of the Commission of the violation the motor vehicle was being driven by the person less than 21 years of age with the express or implied consent or knowledge of the owner in violation of division (B)(1), and that the use of the motor vehicle is not needed by the owner in the direct pursuit of the owner's employment or the actual operation of the owner's business, the court may authorize the impounding of the vehicle for a period of not less than 15 days or more than 30 days. The court’s order authorizing the impounding of the vehicle shall authorize a law enforcement officer to take possession without other process of the motor vehicle wherever located and to store the vehicle in a public or private garage at the expense and risk of the owner of the vehicle. The owner of the vehicle may appeal the order to the circuit court and the provisions governing the taking of appeals form judgments for damages apply to the appeal. This section doe not prevent a bona fide lienholder from exercising rights under a lien.
(4) A person who knowingly transfers title to a motor vehicle for the purpose of avoiding this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not more than $500, or both.
(5) A law enforcement agency, upon determining that a person less than 18 years of age allegedly violated this section, shall notify the parent or parents, custodian or guardian of the person as to the nature of the violation if the name of a parent, guardian or custodian is reasonable ascertainable by the law enforcement agency. The notice required by this subdivision shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated this section is less than 18 years of age and may be made in person, by telephone, or first-class mail.
(6) As used in this section, "alcoholic liquor" means any spirituous, vinous, malt, or fermented liquor, liquids and compounds, whether or not medicated, proprietary, patented, and by whatever name called containing ½ of is or more of alcohol by volume which are fit for use for beverage purposes as defined and classified by the Liquor Control Commission according to alcohol content as belonging to one of the varieties defined the Michigan Liquor Control Code of 1998, Public Act 58 of 1998, M.C.L.A. § 436.1101 et seq.
(‘83 Code, § 135.06) (Ord. 99-020, passed 2-28-00) Penalty, see § 135.99