(a) Definitions. As used in this section:
(1) "Alcoholic beverage" means any beverage containing more than one-half of one percent of alcohol by weight. The percentage of alcohol by weight shall be determined in accordance with M.C.L.A. 436.2, as the same may be amended from time to time.
(2) "Minor" means a person not legally permitted by reason of age to possess alcoholic beverages pursuant to M.C.L.A. 436.33b, as the same may be amended from time to time.
(3) "Residence" means a home, apartment, condominium or other dwelling unit and includes the curtilage of such dwelling unit.
(4) "Open house party" means a social gathering of persons at a residence, other than the owner or persons with rights of possession or their immediate family members.
(5) "Drug" means a controlled substance as defined now or hereafter by the Public Acts of the State. Currently, such controlled substances are defined by M.C.L.A. 333.7101 to 333.7544, as amended.
(6) "Control" means any form of regulation or dominion, including a possessory right.
(Ord. 432. Passed 2-18-87.)
(b) Prohibitions.
(1) No person having control of any residence shall allow an open house party to take place at such residence if any alcoholic beverage or drug is possessed or consumed at such residence by any minor where the person knew or reasonably should have known that an alcoholic beverage or drug was in the possession of or being consumed by a minor at such residence, and where the person failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug at such residence.
(2) No person having control of any residence shall allow an open house party to take place at such residence without the presence of an adult over the age of twenty-one years, regardless of whether alcohol or drugs are present. Owners, occupants or tenants of any residence are required to have in attendance, at any such gathering or house party where minors are present, an adult over twenty-one years of age in the residence at all times while the gathering or house party is in process.
(Ord. 521. Passed 11-4-92.)
(c) Exceptions. This section shall not apply to legally protected religious observances or legally protected educational activities.
(Ord. 432. Passed 2-18-87.)