§ 111.130 DEFINITIONS.

   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   COMMONS AREA. An area within a social district clearly designated and clearly marked in accordance with a resolution adopted by the Village Council and which is shared by and contiguous to the premises of at least two qualified licensees. The district shall constitute the “defined area” while this subchapter is in effect and the business is in compliance.

   QUALIFIED LICENSEE. A retailer that holds a license, other than a special license, to sell alcoholic liquor for consumption on the licensed premises; and a manufacturer with either:

      (a)   An on-premises tasting room permit,

      (b)   An off-premises tasting room license, or

      (c)   A joint off-premises tasting room license.

(Ord. 463, passed 3-9-2021)

§ 111.131 ALLOWABLE ACTIVITIES AND RESTRICTIONS.

   (A)   Pursuant to the authority granted by Public Act 124 of 2020 the Village Council may designate by resolution social districts and commons areas, which shall be clearly marked with appropriate signage within a social district.

   (B)   The creation of a commons area shall include the adoption of a management and maintenance plan by resolution, which may be amended as necessary, for the protection of the health and safety of the community and includes, but is not limited to, limitations on the hours of operation for a commons area.

   (C)   Except as provided by state law, the holder of a social district permit issued by the Michigan Liquor Control Commission may sell alcoholic liquor for consumption within the confines of a commons area if both of the following requirements are met:

      (1)   The holder of the social district permit only sells and serves alcoholic liquor on the holder’s licensed premises;

      (2)   The holder of the social district permit only serves alcoholic liquor to be consumed in the commons area in a container to which all of the following apply:

         (a)   The container prominently displays the social district permittee’s trade name or logo or some other mark that is unique to the social district permittee’s on-premises license;

         (b)   The container prominently displays a logo or some other mark that is unique to the commons area;

         (c)   The container is not glass; and

         (d)   The container has a liquid capacity that does not exceed 16 ounces.

   (D)   A purchaser may remove a container of alcoholic liquor sold by a holder of a social district permit from the social district permittee’s licensed premises to the commons area if all of the following conditions are met:

      (1)   The purchaser does not remove the container from the commons area;

      (2)   The purchaser does not possess the container in a motor vehicle; and

      (3)   While possessing the container, the purchaser does not enter the licensed premises of a social district permittee other than the social district permittee from which the purchaser purchased the container.

   (E)   The consumption of alcoholic liquor from a container in a commons area as allowed under this section may only occur during the hours established by the management and Maintenance plan for the commons Area.

(Ord. 463, passed 3-9-2021) Penalty, see § 111.999

§ 111.132 MISCELLANEOUS.

   (A)   The Village Clerk is authorized and directed to file Ord. No. 463 and any resolutions setting forth the designation of the social district and commons areas along with the management and maintenance plans adopted pursuant to this subchapter with the Michigan Liquor Control Commission.

   (B)   Should any section, subsection, paragraph, sentence, clause, or word of this subchapter be held invalid for any reason, such decisions shall not affect the validity of the remaining portions of this subchapter.

   (C)   Nothing herein shall affect violations of the zoning ordinance or any other ordinance existing prior to the effective date of this subchapter and such violation shall be governed and shall continue to be separately punishable to the full extent of the law under the provisions of § 111.999(G) at the time the violation was committed.

(Ord. 463, passed 3-9-2021) Penalty, see § 111.999

§ 111.999 PENALTY.

   (A)   Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.

   (B)   Penalty for outdoor gatherings. Any violation of §§ 111.001 through 111.005 is designated as a misdemeanor punishable by 93 days in jail, a fine of $500, or both. Any violation of §§ 111.001 through 111.005 shall also constitute a nuisance per se subject to abatement in circuit court.

   (C)   Penalty for auctioneers.

      (1)   Generally.

         (a)   General penalty clause. Any violation of §§ 111.020 through 111.022 is hereby designated as a municipal civil infraction and violators shall be subject to civil fines, sanctions, remedies, and procedures as set forth in §§ 10.99, 32.20 through 32.23, and state law.

         (b)   Fines paid at Violations Bureau.

            1.   If the civil fine is paid at the Village Municipal Violations Bureau, the initial fine shall be $50.

               a.   In the case of another offense within one year of the date of the initial infraction, the civil fine shall be $100. (This shall be known as the second offense.)

               b.   In the case of another offense within one year- of the date of the second offense, the civil fine shall be $250. (This shall be known as the third offense.)

               c.   In the case of another offense within one year of the date of the third offense, the civil fine shall be $500. (This shall be known as the fourth offense.) All subsequent offenses shall be $500.

            2.   The Village Violations Bureau is hereby authorized to accept civil fines in the amounts specified. In case of payment at the Violations Bureau, no costs shall be imposed or collected.

(1984 Code, § 8-03-030)

      (2)   Penalty for waiver of fees. Any violations of the provisions of § 111.022 shall be punished by a fine not exceeding $500 or by imprisonment in the County Jail for any period of time not exceeding three months, or both such fine and imprisonment, in the discretion of the court, plus the costs and expenses of prosecution.

(1984 Code, § 8-03-040)

   (D)   Penalty for soil removal.

      (1)   General penalty clause. Any violations of §§ 111.035 through 111.040 is hereby designated as a municipal civil infraction and violators shall be subject to the civil fines, sanctions, remedies, and procedures as set forth in §§ 10.99, 32.20 through 32.23, and state law.

      (2)   Fines paid at Violations Bureau.

         (a)   If the civil fine is paid at the Village Municipal Violations Bureau, the initial fine shall be $50.

            1.   In the case of another offense within one year of the date of the initial infraction, the civil fine shall be $100. (This shall be known as the second offense.)

            2.   In the case of another offense within one year of the date of the second offense, the civil fine shall be $250. (This shall be known as the third offense.)

            3.   In the case of another offense within one year of the date of the third offense, the civil fine shall be $500. (This shall be known as the fourth offense.) All subsequent offenses shall be $500.

         (b)   The Village Violations Bureau is hereby authorized to accept civil fines in the amounts specified. In case of payment at the Violations Bureau, no costs shall be imposed or collected.

(1984 Code, § 8-06-070)

   (E)   Penalty for noncommercial solicitation.

      (1)   General penalty clause. Any violation of §§ 111.055 through 111.062 is hereby designated as a municipal civil infraction and violators shall be subject to the civil fines, sanctions, remedies, and procedures as set forth in §§ 10.99, 32.20 through 32.23, and state law.

      (2)   Fines paid at Violations Bureau.

         (a)   If the civil fine is paid at the Village Municipal Violations Bureau, the initial fine shall be $50.

            1.   In the case of another offense within one year of the date of the initial infraction, the civil fine shall be $100. (This shall be known as the second offense.)

            2.   In the case of another offense within one year of the date of the second offense, the civil fine shall be $250. (This shall be known as the third offense.)

            3.   In the case of another offense within one year of the date of the third offense, the civil fine shall be $500. (This shall be known as the fourth offense.) All subsequent offenses shall be $500.

         (b)   The Village Violations Bureau is hereby authorized to accept civil fines in the amounts specified, in case of payment at the Violations Bureau, no costs shall be imposed or collected.

(1984 Code, § 8-07-090)

   (F)   Penalty for telecommunications rights-of-way. A person who violates any provision of §§ 111.075 through 111.093 or the terms or conditions of a permit is responsible for a municipal civil infraction, subject to §§ 32.20 through 32.23. Nothing in this division (F) shall be construed to limit the remedies available to the village the event of a violation by a person of this chapter or a permit.

(1984 Code, § 8-11-210)

   (G)   Penalty for social districts.

      (1)   A purchaser of alcoholic liquor violating the restrictions set forth in § 111.130 through 111.132 is guilty of misdemeanor punishable by imprisonment for 90 days in jail, a fine of up to $500, or both.

      (2)   The Village Council reserves the ability to revoke the social district designation if it determines that the activities within or existence of the commons area threaten the health, safety, or welfare of the public or have become a public nuisance. Before revoking the designation, the Village Council will hold at least one public hearing, the time and place thereof which shall be noticed as required by the Open Meetings Act, M.C.L.A. 15.261 et seq., on the proposed revocation.

(Ord. passed - -; Ord. 28, passed 1-30-1973; Ord. 87, passed 12-11-1979; Ord. 143, passed 7-24-1984; Ord. 310, passed 7-14-1998; Ord. 312, passed 7-14-1998; Ord. 313, passed 7-14-1998; Ord. 6, passed 3-15-1966; Ord. 353, passed 11-10-2002; Ord. 463, passed 3-9-2021)