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§ 130.095 CONSUMPTION OF ALCOHOL IN PUBLIC PLACES.
   No person shall consume any alcoholic liquor, beer and/or wine on public streets or highways, village parks, places of amusement and all other places open to the public within the village, not licensed to sell for consumption on the premises.
(Ord. 114, passed 4-6-59) Penalty, see § 10.99
§ 130.096 AGE LIMIT.
   No person under the age of 21 years shall purchase or knowingly possess, transport, or have under his control in any motor vehicle any alcoholic liquor, beer and/or wine, unless said person is employed by a licensee under the Liquor and Habit Forming Drugs Act, or possessing, transporting or having such alcoholic liquor in a motor vehicle under his control during regular working hours and in the course of his employment.
(Ord. 114, passed 4-6-59) Penalty, see § 10.99
§ 130.097 ALCOHOL AND MINORS.
   It shall be unlawful for any person to furnish, provide or give alcoholic liquor or beverage as defined under the statutes of the state to a person under the age of 21.
(Ord. 6.03, passed 2-13-79) Penalty, see § 10.99
§ 130.098 MINORS PURCHASING, CONSUMING OR POSSESSING ALCOHOL.
   Purchase, consumption, or possession of alcoholic liquor by minor; attempt; violation; fines; sanctions; furnishing fraudulent identification to minor; use by minor; prior violation; screening and assessment; prior judgment; chemical breath analysis; notice to parent, custodian, or guardian; exceptions; recruitment of minor for undercover operation prohibited; affirmative defense; definitions.
   (A)   A minor 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 in this section. A minor who violates this subsection is responsible for a civil infraction or guilty of a misdemeanor as follows:
      (1)   For the first violation, the minor is responsible for a civil infraction and shall be fined not more than $100. The court may order a minor under this subdivision to participate in substance use disorder services as defined in Section 6230 of the Public Health Code, 1978 PA 368, MCL 333.6230, and designated by the administrator of the office of substance abuse services, and may order the minor to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in division (E). A minor may be found responsible or admit responsibility only once under this subdivision.
      (2)   If a violation of this subsection occurs after one prior judgment, the minor is guilty of a misdemeanor. A misdemeanor under this subdivision is punishable by imprisonment for not more than 30 days if the court finds that the minor violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, or by a fine of not more than $200, or both. The court may order a minor under this subdivision to complete a term of probation, participate in substance use disorder services as defined in Section 6230 of the Public Health Code, 1978 PA 368, MCL 333.6230, and designated by the administrator of the office 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 (E).
      (3)   If a violation of this subsection occurs after two or more prior judgments, the minor is guilty of a misdemeanor. A misdemeanor under this subdivision is punishable by imprisonment for not more than 60 days, if the court finds that the minor violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, or by a fine of not more than $500, or both, as applicable. The court may order a minor under this subdivision to complete a term of probation, to participate in substance use disorder services as defined in Section 6230 of the Public Health Code, 1978 PA 368, MCL 333.6230, and designated by the administrator of the office 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 (E).
   (B)   An individual who furnishes fraudulent identification to a minor or, notwithstanding division (A), 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.
   (C)   If an individual who pleads guilty to a misdemeanor violation of division (A)(2) or offers a plea of admission in a juvenile delinquency proceeding for a misdemeanor violation of subsection (A)(2), the court, without entering a judgment of guilt in a criminal proceeding or a determination in a juvenile delinquency proceeding that the juvenile has committed the offense and with the consent of the accused, may defer further proceedings and place the individual on probation. The terms and conditions of that probation include, but are not limited to, the sanctions set forth in division (A)(3), payment of the costs including minimum state cost as provided for in Section 18m of Chapter XIIA of the Probate Code of 1939, 1939 PA 288, MCL 712A.18m, and Section 1j of Chapter IX of the Code of Criminal Procedure, 1927 PA 175, MCL 769.1j, and the costs of probation as prescribed in Section 3 of Chapter XI of the Code of Criminal Procedure, 1927 PA 175, MCL 771.3. If a court finds that an individual violated a term or condition of probation or that the individual is utilizing this subsection in another court, the court may enter an adjudication of guilt, or a determination in a juvenile delinquency proceeding that the individual has committed the offense, and proceed as otherwise provided by law. If an individual fulfills the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings. A discharge and dismissal under this section is without adjudication of guilt or without a determination in a juvenile delinquency proceeding that the individual has committed the offense and is not a conviction or juvenile adjudication for purposes of disqualifications or disabilities imposed by law on conviction of a crime. An individual may obtain only one discharge and dismissal under this subsection. The court shall maintain a nonpublic record of the matter while proceedings are deferred and the individual is on probation and if there is a discharge and dismissal under this subsection. The secretary of state shall retain a nonpublic record of a plea and of the discharge and dismissal under this subsection. These records shall be furnished to any of the following:
      (1)   To a court, prosecutor, or police agency on request for the purpose of determining if an individual has already utilized this subsection.
      (2)   To the department of corrections, a prosecutor, or a law enforcement agency, on the department's, a prosecutor's, or a law enforcement agency's request, subject to all of the following conditions:
         (a)   At the time of the request, the individual is an employee of the Department of Corrections, the prosecutor, or the law enforcement agency, or an applicant for employment with the department of corrections, the prosecutor, or the law enforcement agency.
         (b)   The record is used by the department of corrections, the prosecutor, or the law enforcement agency only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.
   (D)   A misdemeanor violation of division (A) successfully deferred, discharged, and dismissed under division (C) is considered a prior judgment for the purposes of division (A)(3).
   (E)   A court may order an individual found responsible for or convicted of violating division (A) to undergo screening and assessment by a person or agency as designated by the department-designated community mental health entity as defined in Section 100a of the Mental Health Code, 1974 PA 258, MCL 330.1100a, to determine whether the individual is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. A court may order an individual subject to a misdemeanor conviction or juvenile adjudication of, or placed on probation regarding, a violation of division (A) to submit to a random or regular preliminary chemical breath analysis. The parent, guardian, or custodian of a minor who is less than 18 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6, may request a random or regular preliminary chemical breath analysis as part of the probation.
   (F)   The Secretary of State shall suspend the operator's or chauffeur's license of an individual convicted of a second or subsequent violation of division (A) or of violating division (B) as provided in Section 319 of the Michigan Vehicle Code, 1949 PA 300, MCL 257.319.
   (G)   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. If a minor does not consent to a preliminary chemical breath analysis, the analysis shall not be administered without a court order, but a peace officer may seek to obtain a court order. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a civil infraction proceeding or criminal prosecution to determine if the minor has consumed or possessed alcoholic liquor or had any bodily alcohol content.
   (H)   The Village of Lake Orion Police Department, on determining that an individual who is less than 18 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6, allegedly consumed, possessed, or purchased alcoholic liquor, attempted to consume, possess, or purchase alcoholic liquor, or had any bodily alcohol content in violation of division (A) shall notify the parent or parents, custodian, or guardian of the individual as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the Village of Lake Orion Police Department. The Village of Lake Orion Police Department shall notify the parent, guardian, or custodian not later than 48 hours after the Village of Lake Orion Police Department determines that the individual who allegedly violated division (A) is less than 18 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6. The Village of Lake Orion Police Department may notify the parent, guardian, or custodian 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), his or her parents or legal guardian shall be notified immediately as provided in this division.
   (I)   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 this act, by the commission, or by an agent of the commission, if the alcoholic liquor is not possessed for his or her personal consumption.
   (J)   The following individuals are not considered to be in violation of division (A):
      (1)   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, MCL 750.520b to 750.520g, committed against a minor.
      (2)   A minor who accompanies an individual who meets both of the following criteria:
         (a)   Has consumed alcoholic liquor.
         (b)   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, MCL 750.520b to 750.520g, committed against a minor.
         (c)   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.
   (K)   If a minor who is less than 18 years of age and who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, voluntarily presents himself or herself to a health facility or agency for treatment or for observation as provided under division (J), the health facility or agency shall notify the parent or parents, guardian, or custodian of the individual as to the nature of the treatment or observation if the name of a parent, guardian, or custodian is reasonably ascertainable by the health facility or agency.
   (L)   This section does not limit the civil or criminal liability of a vendor or the vendor's clerk, servant, agent, or employee for a violation of this act.
   (M)   The consumption of alcoholic liquor by a minor who is enrolled in a course offered by an accredited postsecondary educational institution in an academic building of the institution under the supervision of a faculty member is not prohibited by this act if the purpose of the consumption is solely educational and is a requirement of the course.
   (N)   The consumption by a minor of sacramental wine in connection with religious services at a church, synagogue, or temple is not prohibited by this act.
   (O)   Division (A) does not apply to a minor who participates in either or both of the following:
      (1)   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.
      (2)   An undercover operation in which the minor purchases 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.
   (P)   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), Section 701(1), or Section 801(2).
   (Q)   In a prosecution for the violation of division (A) concerning a minor having any bodily alcohol content, it is an affirmative defense that the minor consumed the alcoholic liquor in a venue or location where that consumption is legal.
   (R)   As used in this section:
      (1)   “Any bodily alcohol content” means either of the following:
         (a)   An alcohol content of 0.02 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
         (b)   Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.
      (2)   “Emergency medical services personnel” means that term as defined in Section 20904 of the Public Health Code, 1978 PA 368, MCL 333.20904.
      (3)   “Health facility or agency” means that term as defined in Section 20106 of the Public Health Code, 1978 PA 368, MCL 333.20106.
      (4)   “Prior judgment” means a conviction, juvenile adjudication, finding of responsibility, or admission of responsibility for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
         (a)   This section or Section 701 or 707.
         (b)   Section 624a, 624b, or 625 of the Michigan Vehicle Code, 1949 PA 300, MCL 257.624a, 257.624b, and 257.625.
         (c)   Section 80176, 81134, or 82127 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80176, 324.81134, and 324.82127.
         (d)   Section 167a or 237 of the Michigan Penal Code, 1939 PA 328, MCL 750.167a and 750.237.
(Ord. 6.14, passed 6-22-09; Am. Ord. 6.15, passed 3-23-15; Am. Ord. 6.19, passed 11-27-17)
HUMAN RIGHTS
§ 130.100 INTENT.
   It is the intent of the village that no person be denied equal protection of the laws; nor shall any person be denied the enjoyment of his or her civil or political rights or be discriminated against because of actual or perceived race, color, religion, national origin, sex, age, height, weight, condition of pregnancy, marital status, physical or mental limitation, source of income, family status, sexual orientation or gender identity.
(Ord. 6.18, passed 9-26-16)
§ 130.101 DEFINITIONS.
   The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   AGE. Chronological age.
   DISCRIMINATE and DISCRIMINATION. To make a decision, offer to make a decision or refrain from making a decision based in whole or in part on the race, color, religion, national origin, sex, age, height, weight, condition of pregnancy, marital status, physical or mental limitation, source of income, family status, sexual orientation or gender identity of another person, that person's relatives, or that person's associates.
      (1)   Discrimination based on sex includes sexual harassment, which means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when:
         (a)   Submission to the conduct or communication is made a term or condition either explicitly or implicitly of obtaining or maintaining employment, public accommodations or housing;
         (b)   Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting the individual's employment, public accommodations or housing; and/or
         (c)   The conduct or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or housing, or creating an intimidating, hostile, or offensive employment, public accommodations or housing environment.
      (2)   Discrimination based upon actual or perceived physical or mental limitation includes discrimination because of the use by an individual of an adaptive device or aid.
   EDUCATIONAL INSTITUTION. A public or private institution, or a separate school or department thereof, including an academy, college, elementary or secondary school, extension course, kindergarten, nursery, local school system, university, or a business, nursing, professional, secretarial, technical, or vocational school. For the purposes of this subchapter, educational institution includes an agent of the institution.
   EMPLOYER. Any person employing one or more persons, and includes an agent of the employer.
   EMPLOYMENT AGENCY. A person regularly undertaking, with or without compensation, to procure, refer, recruit, or place an individual in an employment relationship with an employer.
   FAMILY STATUS. Two or more individuals related by blood within three degrees of consanguinity, marriage, adoption, foster care relationship or other legal custody relationship. For purposes of this definition, FAMILY STATUS shall include an individual who is pregnant.
   GENDER. The actual biological state of being male or female as of birth, or subsequent alteration through surgical procedure, and without regard to any outward physical display or expression of gender identity.
   GENDER IDENTITY. A person's actual or perceived gender, including a person's appearance, expression, identity or behavior as being either male or female, whether or not that appearance, expression, identity or behavior is different from that traditionally associated with the person's sex at birth as being either female or male.
   HOUSING ACCOMMODATION. Any improved or unimproved real property or part thereof, dwelling unit or facility used or intended, arranged, or designed to be used or occupied as a home, domicile, or residence of one or more individuals.
   LABOR ORGANIZATION. An organization of any kind, an employee representation committee, group, association, or plan which employees participate in or are members of, and which exists for the purpose, in whole or part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment of its participants or members, whether or not such organization is subordinate to or affiliated with a national or international labor organization.
   MARITAL STATUS. The state of being married, unmarried, divorced or widowed.
   PERCEIVED. The perception of the person who acts, and not the perception of the person for or against whom the action is taken.
   PHYSICAL OR MENTAL DISABILITY. A determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic substantially limits a major life activity of that individual and is unrelated to the individual's ability to perform the duties of a particular job or position, is unrelated to the individual's ability to utilize and benefit from a place of public accommodation, or is unrelated to the individual's ability to acquire, rent, or maintain property. For the purposes of this definition, PHYSICAL OR MENTAL DISABILITY does not include any condition caused by the current illegal use of a controlled substance or the use of intoxicating liquors by an individual.
   PLACE OF PUBLIC ACCOMMODATION. A business, educational, refreshment, entertainment, recreational, health, or transportation facility, organization or institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.
   PRIVATE CLUB. An establishment that is not open to the public. A private club is one whose members' association with each other and the club is sufficiently intimate, small and exclusive that it is not open to the public.
   SEXUAL ORIENTATION. Male or female homosexuality, heterosexuality or bisexuality, whether by orientation or practice.
   SOURCE OF INCOME. Any legal source from which a person obtains money.
   VILLAGE MANAGER. The Manager of the Village of Lake Orion or his or her designee.
(Ord. 6.18, passed 9-26-16)
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