(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. An alcoholic liquor as defined in § 105 the Michigan Liquor Control Code of 1998, being M.C.L.A. §§ 436.1105 et seq.
ALLOW. To give permission for, or approval of, possession or consumption of an alcoholic beverage or a controlled substance, by any of the following means:
(a) In writing;
(b) By one or more oral statements; or
(c) By any form of conduct, including a failure to take corrective action, that would cause a reasonable person to believe that permission or approval has been given.
CONTROL OVER ANY PREMISES, RESIDENCE OR OTHER REAL PROPERTY. The authority to regulate, direct, restrain, superintend, control or govern the conduct of other individuals on or within that premises, residence or other real property, and includes, but is not limited to, a possessory right.
CONTROLLED SUBSTANCE. As that term is defined in § 7104 of Public Act 368 of 1978, being M.C.L.A. § 333.7104.
CORRECTIVE ACTION. Any of the following:
(a) Making a prompt demand that the minor or other individual depart from the premises, residence or other real property, or refrain from the unlawful possession or consumption of the alcoholic beverage or controlled substance on or within that premises, residence or other real property, and taking additional action described in divisions (b) or (c) below of this definition if the minor or other individual does not comply with the request;
(b) Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to a law enforcement agency having jurisdiction over the violation; and/or
(c) Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to another person having a greater degree of authority or control over the conduct of persons on or within the premises, residence or other real property.
MINOR. An individual less than 21 years of age.
PREMISES. A permanent or temporary place of assembly, other than a residence, including, but not limited to, any of the following:
(a) A meeting hall, meeting room or conference room; and
(b) A public or private park.
RESIDENCE. A permanent or temporary place of dwelling, including, but not limited to, any of the following:
(a) A house, apartment, condominium or mobile home;
(b) A cottage, cabin, trailer or tent; and
(c) A motel unit, hotel unit or bed and breakfast unit.
SOCIAL GATHERING. An assembly of two or more individuals for any purpose, unless all of the individuals attending the assembly are members of the same household or immediate family.
(B) Except as otherwise provided in division (C) below, an owner, tenant or other person having control over any premises, residence or other real property shall not do either of the following:
(1) Knowingly allow a minor to consume or possess an alcoholic beverage at a social gathering on or within that premises, residence or other real property; or
(2) Knowingly allow any individual to consume or possess a controlled substance at a social gathering on or within that premises, residence or other real property.
(C) This section does not apply to the use, consumption or possession of a controlled substance by an individual pursuant to a lawful prescription, or to the use, consumption, or possession of an alcoholic beverage by a minor for religious purposes.
(D) Evidence of all of the following gives rise to a rebuttable presumption that the defendant allowed the consumption or possession of an alcoholic beverage or a controlled substance on or within the premises, residence or other real property, in violation of this section:
(1) The defendant had control over the premises, residence or other real property;
(2) The defendant knew that a minor was consuming or in possession of an alcoholic beverage or knew that an individual was consuming or in possession of a controlled substance at a social gathering on or within that premises, residence or other real property; or
(3) The defendant failed to take corrective action.
(E) This section does not authorize selling or furnishing an alcoholic beverage to a minor.
(F) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct.
(Ord. 1016, Amendment 22, passed 1-22-2019) Penalty, see § 131.99