(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC LIQUOR. Any spirituous, vinous, malt, or fermented liquor, liquids, or compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing one-half of 1% or more of alcohol by volume which are fit for use for beverage consumption. The term includes by way of example, and not by way of limitation, beer, wine, spirits, alcohol, sacramental wine, brandy, mixed wine drink and mixed spirit drink.
ANY BODILY ALCOHOL CONTENT. Shall have the meaning ascribed to it by M.C.L.A. 436.1703.
DILIGENT INQUIRY. A diligent good faith effort to determine the age of a person, which includes at least an examination of an official state operator's or chauffer's license, an official state personal identification card, or any other bona fide picture identification which establishes the identity and age of the person.
EMERGENCY MEDICAL SERVICES PERSONNEL. Shall have the meaning ascribed to it by M.C.L.A. 436.1703.
HEALTH FACILITY OR AGENCY. Shall have the meaning ascribed to it by M.C.L.A. 436.1703.
PERSON. An individual, firm, partnership, limited partnership, association, limited liability company, or corporation.
PRIOR JUDGMENT. Shall have the meaning ascribed to it by M.C.L.A. 436.1703.
(1984 Code, § 4-01-02-005)
(B) Selling or furnishing alcoholic liquor to minors.
(1) It shall be unlawful for a person to knowingly sell or furnish alcoholic liquor to a minor, or to fail to make diligent inquiry as to whether the person is a minor, or to fail to make diligent inquiry as to whether the person is a minor, except if the violation is the result of an undercover operation in which the minor received alcoholic liquor under the direction of the State Police, the State Liquor Control Commission, or the Village Police Department as part of an enforcement action.
(2) (a) For violations that occur in an establishment that is licensed by the State Liquor Control Commission for consumption of alcoholic liquor on the licensed premises, a licensee or the clerk, agent, or employee of a licensee shall not be charged with a violation of the section, unless the licensee or the clerk, agent, or employee of the licensee knew or should have reasonably known with the exercise of due diligence that a person less than 21 years of age possessed or consumed alcoholic liquor on the licensed premises and the licensee or clerk, agent, or employee of the licensee failed to take immediate corrective action.
(b) A licensee shall not be charged with a violation of this division (B)(2), unless all of the following occur:
1. Enforcement action is taken against the minor who purchased or attempted to purchase, consumed or attempted to consume, or possessed or attempted to possess alcoholic liquor;
2. Enforcement action is taken under this section against the person 21 years of age or older who is not the retail licensee or the retail licensee’s clerk, agent, or employee who sold or furnished the alcoholic liquor to the minor; and
3. Enforcement action under this section is taken against the clerk, agent, or employee who directly sold or furnished alcoholic liquor to the minor.
(c) Proof that the defendant or the defendant’s agent or employee demanded and was shown, before furnishing alcoholic liquor to a minor, a motor vehicle operator’s or chauffeur’s license or a registration certificate issued by the federal selective service, or other bona fide documentary evidence of the age and identity of that person, shall be a defense to an action brought under this section.
(1984 Code, § 4-01-02-010)
(C) Conduct of minors
(1) A minor, being a person under the age of 21, shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided herein.
(2) This chapter does not apply to:
(a) A minor who possesses alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by the Michigan Liquor Control Act, by the Michigan Liquor Control Commission, or by an agent of the Michigan Liquor Control Commission, if the alcoholic liquor is not possessed for his or her personal consumption;
(b) A minor who has consumed alcoholic liquor and who voluntarily presents himself or herself to a health facility or agency for treatment or for observation including, but not limited to, medical examination and treatment for any condition arising from a violation of Sections 520b to 520g of the Michigan Penal Code, 1931 PA 328, M.C.L.A. 750.520b to 750.520g, committed against the minor.
(c) A minor who accompanies an individual who meets both of the following criteria:
1. Has consumed alcoholic liquor; and
2. Voluntarily presents himself or herself to a health facility or agency for treatment or for observation including, but not limited to, medical examination and treatment for any condition arising from a violation of Sections 520b to 520g of the Michigan Penal Code, 1931 PA 328, M.C.L.A. 750.520b to 750.520g, committed against a minor.
(d) A minor who initiates contact with a peace officer or emergency medical services personnel for the purpose of obtaining medical assistance for a legitimate health care concern.
(e) A minor who consumes alcoholic liquor while 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, if the purpose of the consumption is solely educational and is a requirement of the course.
(f) A minor who consumes sacramental wine in connection with religious services at a church, synagogue, or temple.
(g) A minor who participates in 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.
(h) A minor who participates in an undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the state police, the Michigan Liquor Control 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 Michigan Liquor Control Commission, or the local police agency and was not part of the undercover operation.
(i) A minor having any bodily alcohol content as a result of consuming alcoholic liquor in a venue or location where that consumption is legal.
(3) A peace officer who has reasonable cause to believe a minor has consumed alcoholic liquor or has any bodily alcohol content may request that individual to submit to a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a state civil infraction proceeding or criminal prosecution to determine if the minor has consumed or possessed alcoholic liquor or had any bodily alcohol content.
(1984 Code, § 4-01-02-020)
(Ord. 124, passed 12-8-1981; Ord. 241, passed 12-7-1993; Ord. 378, passed 1-19-2006; Am. Ord. 451, passed 2-13-18)