(A) Transportation in motor vehicles. Persons less than 21 years of age shall not knowingly transport or possess in a motor vehicle alcoholic liquor unless the person is employed by the Liquor Control Commission or is an agent of the Liquor Control Commission or is a common carrier designated by 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. A person who violates this section is guilty of a misdemeanor.
(Prior Code, § 15-31) (Ord. passed 2-27-1975; Am. Ord. 79-7, passed 9-6-1979; Am. Ord. 89-8, passed 4-5-1990)
(B) Sold or furnished to those under 21. Alcoholic liquor shall not be sold or furnished to a person unless the person has attained 21 years of age. A person who is less than 21 years of age or who fails to make diligent inquiry as to whether the person is less than 21 years of age is guilty of a misdemeanor.
(Prior Code, § 15-32) (Ord. passed 4-11-1968; Am. Ord. 89-8, passed 4-5-1990)
(C) Purchase, possession, or consumption of alcohol by persons under the age of 21.
(1) A person less than 21 years of age 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 and M.C.L.A. § 436.1701. A person less than 21 years of age 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 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 (C)(3) below.
(b) For a second violation, a fine of not more than $200 and may be ordered to participate in a substance abuse prevention or substance abuse treatment and rehabilitation services as defined in 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 (C)(3) below. The person is also subject to sanctions against his or her operator's or chauffeur’s license imposed in division (C)(4) below.
(c) For a third or subsequent violation, 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 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 (C)(3) below. The person is also subject to sanctions against his or her operator's or chauffeur’s license imposed in division (C)(4) below.
(2) A person who furnishes fraudulent identification to a person less than 21 years of age, or notwithstanding division (C)(1) above, a person less than 21 years of age who uses fraudulent identification to purchase alcoholic liquor, is guilty of a misdemeanor. The court shall order the secretary of state to suspend, pursuant to M.C.L.A. § 257.319, for a period of 90 days, the operator or chauffeur license of a person who is convicted of furnishing or using fraudulent identification in violation of this subsection and the operator or chauffeur license of that person shall be surrendered to the court. The court shall immediately forward the surrendered license and an abstract of conviction to the secretary of state. A suspension ordered under this division shall be in addition to any other suspension of the person’s operator or chauffeur license.
(3) The court may order the person found violating division (C)(1) above to undergo screening and assessment by a person or agency as designated by the substance abuse coordinating agency as defined in M.C.L.A. § 333.6104, 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) Immediately upon the entry of a conviction or a probate court disposition for a violation of division (C)(1) above the court shall consider all prior convictions or probate court dispositions of division (C)(1) above, or a local ordinance or law of this state or another state substantially corresponding to division (C)(1) above, and shall impose the following sanctions:
(a) If the court finds that the person has 1 such prior conviction or probate court disposition, the court shall order the secretary of state to suspend the operator’s or chauffeur’s license of the person for a period of not less than 90 days or more than 180 days. The court may order the secretary of state to issue to the person a restricted license after the first 30 days of the period of suspension in the manner described in division (C)(5) below. In the case of a person who does not possess an operator’s or chauffeur’s license, the secretary of state shall deny the application for an operator’s or chauffeur’s license for the applicable suspension period.
(b) If the court finds that the person has 2 or more such prior convictions or probate court dispositions, the court shall order the secretary of state to suspend the operator’s or chauffeur’s license of the person for a period of not less than 180 days or more than 1 year. The court may order the secretary of state to issue to the person a restricted license after the first 60 days of the period of suspension in the manner described in division (C)(5) below and M.C.L.A. § 257.319. In the case of a person who does not possess an operator’s or chauffeur’s license, the secretary of state shall deny the application for an operator’s or chauffeur’s license for the applicable suspension period.
(5) In those cases in which a restricted license is allowed under this section, the court shall not order the Secretary of State to issue a restricted license unless the person states under oath, and the court finds based upon the record in open court, that the person is unable to take public transportation to and from his or her work location, place of alcohol or drug education treatment, probation department, court-ordered community service program, or educational institution, and does not have any family members or others able to provide transportation. The court order under division (C)(4) above and the restricted license shall indicate the work location of the person to whom it is issued, the approved route or routes and permitted times of travel, and shall permit the person to whom it is issued only to do 1 or more of the following:
(a) Drive to and from the person’s residence and work location;
(b) Drive in the course of the person’s employment or occupation;
(c) Drive to and from the person’s residence and an alcohol or drug education or treatment program as ordered by the court;
(d) Drive to and from the person’s residence and the court probation department, or a court-ordered community service program, or both; or
(e) Drive to and from the person’s residence and an educational institution at which the person is enrolled as a student.
(6) If license sanctions are imposed, immediately upon the entry of a court-ordered sanction pursuant to division (C)(4) above, the court shall order the person convicted for the violation to surrender to the court his or her operator’s or chauffeur’s license. The court shall immediately forward a notice of court-ordered license sanctions to the Secretary of State. If the license is not forwarded to the Secretary of State, an explanation of the reason why the license is absent shall be attached. If the finding is appealed to the Circuit Court, the court may ex parte, order the secretary of state to stay the suspension issued pursuant to this section pending the outcome of the appeal. Immediately following imposition of the sanction, the court shall forward a notice to the secretary of state indicating the sanction imposed.
(7) A law enforcement agency, upon determining that a person less than 18 years of age who is not emancipated pursuant to Act No. 293 of the Public Acts of 1968, being sections M.C.L.A. §§ 722.1 to 722.6, allegedly consumed, possessed, purchased or attempted to consume, possess or purchase alcoholic liquor in violation of division (C)(1) above 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, custodian or guardian of the person is reasonably ascertainable by the law enforcement agency. The notice required by this division shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated division (C)(1) above is less than 18 years of age and not emancipated pursuant to Act No. 293 of the Public Acts of 1968. 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 a person less than 17 years of age is incarcerated for violating division (C)(1) above, his or her parents or legal guardian shall be notified immediately as provided in this division.
(8) This section does not prohibit a person less than 21 years of age from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed under state law, by the Liquor Commission or by an agent of the Commission, if the alcoholic liquor is not possessed for his or her personal consumption.
(9) This section shall not be construed to limit the civil or criminal liability of the vendor or the vendor’s clerk, servant, agent or employee for a violation of this act.
(10) The consumption of alcoholic liquor by a person less than 21 years of age 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 act if the purpose of the consumption is solely educational and is a necessary ingredient of the course.
(11) The consumption by a person less than 21 years of age of sacramental wine in connection with religious services at a church, synagogue or temple is not prohibited by this act.
(12) Division (C)(1) above does not apply to a person less than 21 years of age who participates in either or both of the following:
(a) An undercover operation in which the person less than 21 years of age 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 person less than 21 years of age purchases or receives alcoholic liquor under the direction of the state police, the Liquor Commission or a local police agency as part of an enforcement action except that any initial or contemporaneous purchase or receipt of alcoholic liquor by the person less than 21 years of age is under the direction of the state police, the Liquor Commission or a local police agency and is part of the undercover operation. The state police, the Liquor Commission or a local police agency shall not recruit or attempt to recruit a person less than 21 years of age for participation in an undercover operation at the scene of a violation of division (C)(1) above, M.C.L.A. § 436.1701.
(13) For the purpose of this division (C)(13), 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 chapter XIIA of Act No. 288 of the Public Acts of 1939, being M.C.L.A. §§ 712A.1 to 712A.32.
WORK LOCATION. As applicable, either 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.
(Prior Code, § 15-33) (Ord. passed 79-6, passed 9-6-1979; Am. Ord. 98-1, passed 3-5-1998; Am. Ord. 10-05, passed 10-21-2010)
(D) Use of alcoholic beverages and drugs by minors at open house parties.
(1) Definitions. For the purpose of this division (D), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT. A person 17 years of age or older.
ALCOHOLIC BEVERAGE. Any beverage containing more than 0.5% of alcohol by weight. The percentage of alcohol by weight shall be determined in accordance with the provisions of M.C.L.A. § 436.1105, as the same may be amended from time to time.
CONTROL. Any form of regulation or dominion, including a possessory right.
DRUGS. A controlled substance as defined now or hereafter by the Public Acts of the State of Michigan. Currently, such controlled substances are defined by Article 7, Act No. 368 of the Public Acts of 1978 (M.C.L.A. §§ 333.7101 et seq.).
MINOR. A person not legally permitted by reason of age to possess alcoholic beverages pursuant to M.C.L.A. § 436.1703, as the same may be amended from time to time.
OPEN-HOUSE PARTY. A social gathering of persons at a residence of other than the owner or those with rights of possession or their immediate family members.
RESIDENCE. A home, apartment, condominium or other dwelling unit and includes the curtilage of the dwelling unit.
(2) Regulation of use of alcoholic beverages and drugs. No adult having control of any residence shall allow an open-house party to take place at the residence if any alcoholic beverage or drug is possessed or consumed at the residence by any minor where the adult knew or reasonably should have known that an alcoholic beverage or drug was in the possession of or being consumed by a minor at the residence and where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug at the residence.
(3) Exception. The provisions of this section shall not apply to legally protected religious observances or legally protected educational activities.
(4) Penalties. The penalties for violation of this division (D) shall be as follows:
(a) For the first violation, a fine not exceeding $500 or imprisonment in the county jail for a term not to exceed 30 days or by both such fine and imprisonment.
(b) For subsequent violations, a fine not exceeding $500 or imprisonment in the county jail for a term not to exceed 90 days or by both the fine and imprisonment.
(Prior Code, § 15-34) (Ord. 85-6, passed 11-21-1985; Am. Ord. 89-8, passed 4-5-1990)
Statutory reference:
Similar provisions, see M.C.L.A. §§ 436.1101 to 436.2303