5-1. PERSONS UNDER 21, UNLAWFUL PURPOSE, CONSUMPTION OR POSSESSION OR ANY BODILY ALCOHOL CONTENT; FIRST OFFENDER DISCHARGE AND DISMISSAL; FRAUDULENT IDENTIFICATION; ARREST BASED UPON REASONABLE CAUSE OR UPON RESULTS OF PRELIMINARY CHEMICAL BREATH ANALYSIS; PARENTAL NOTIFICATION; PARTICIPATION IN UNDERCOVER PROGRAMS.
(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 municipal civil infraction or guilty of a misdemeanor punishable by the following fines and sanctions:
(1) For the first violation, the minor is responsible for a municipal civil infraction and shall be fined not more than $100. The court may order the minor to participate in substance use disorder services as defined in Section 6230 of the Public Health Code, Public Act 368 of 1978, being M.C.L. § 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 subsection (E). A minor may be found responsible or admit responsibility only once under this subdivision.
(2) If a violation of this subdivision 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. A 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, Public Act 368 of 1978, being M.C.L.A. § 333.6230, and designated by the state 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 subsection (E).
(3) If a violation of this subdivision 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. A 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, Public Act 368 of 1978, being M.C.L. § 333.6230, and designated by the state 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 subsection (E).
(B) An individual who furnishes fraudulent identification to a minor, or notwithstanding subsection (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 pleads guilty to a misdemeanor violation of subsection (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 subsection (A)(3), payment of the costs including minimum state costs as provided for in section 18m of chapter XIIA of the probate code of 1939, 1939 PA 288, M.C.L. § 712A.18m, and section 1j of chapter IX of the Code of Criminal Procedure, 1927 PA 175, M.C.L. § 769.1j, and the costs of probation as prescribed in section 3 of chapter XI of the Code of Criminal Procedure, 1927 PA 175, M.C.L. § 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 an 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 subsection is without adjudication of guilt and without a determination in a juvenile delinquency proceeding that the individual has committed the offense and is not a conviction 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.
(D) A misdemeanor violation of subsection (A) successfully deferred, discharged, and dismissed under subsection (C) is considered a prior judgment for the purposes of subsection (A)(3).
(E) A court may order an individual found responsible for or convicted of violating subsection (A) to undergo screening and assessment by a person or agency as designated by the state-designated community mental health entity as defined in Section 100a of the Mental Health Code, Public Act 258 of 1974, being M.C.L. § 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 subsection (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, M.C.L. §§ 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 subsection (A) or of violating subsection (B) as provided in Section 319 of the Michigan Vehicle Code, Public Act 300 of 1949, being M.C.L. § 257.319.
(G) A police 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 police 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 municipal 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 Police Department, on determining that an individual who is less than 18 years of age and not emancipated under Public Act 293 of 1968, M.C.L. §§ 722.1 through 722.6, allegedly consumed, possessed, purchased alcoholic liquor, attempted to consume, possess, or purchase alcoholic liquor, or had any bodily alcohol content in violation of subsection (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 Police Department. The Police Department shall notify the parent, guardian, or custodian not later than 48 hours after the Police Department determines that the individual who allegedly violated subsection (A) is less than 18 years of age and not emancipated under Public Act 293 of 1968, M.C.L. §§ 722.1 through 722.6. The 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 subsection (A), his or her parents or legal guardian shall be notified immediately as provided in this subsection.
(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 the Liquor Control Code, by the Liquor Control Commission, or by an agent of the Liquor Control 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 subsection (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 through 520g of the Michigan Penal Code, Public Act 328 of 1931, M.C.L. §§ 750.520b through 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 through 520g of the Michigan Penal Code, Public Act 328 of 1931, M.C.L. §§ 750.520b through 750.520g, committed against a minor.
(c) A minor who initiates contact with a police 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 Public Act 293 of 1968, M.C.L. §§ 722.1 through 722.6, voluntarily presents himself or herself to a health facility or agency for treatment or for observation as provided under subsection (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 chapter.
(M) The consumption of alcoholic liquor by a minor 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 chapter 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 chapter.
(O) Subsection (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 or city attorney'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 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 Liquor Control Commission, or the local police agency and was not part of the undercover operation.
(P) The State Police, the Liquor Control 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 subsection (A), Section 701(1) of the Liquor Control Code, or Section 801(2) of the Liquor Control Code.
(Q) In a prosecution for the violation of subsection (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, Public Act 368 of 1978, M.C.L. § 333.20904.
(3) "Health facility or agency" means that term as defined in Section 20106 of the Public Health Code, Public Act 368 of 1978, M.C.L. § 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 the State of Michigan, a local ordinance substantially corresponding to a law of the State of Michigan, a law of the United States substantially corresponding to a law of the State of Michigan, or a law of another state substantially corresponding to a law of the State of Michigan:
(a) This section or Section 701 or 707 of the Michigan Liquor Control Code, Public Act 58 of 1998, M.C.L. § 436.701 or § 436.707 (commonly known as selling or furnishing alcohol to a minor).
(b) Section 624a, 624b, or 625 of the Michigan Vehicle Code, Public Act 300 of 1949, M.C.L. § 257.624a, § 257.624b, and § 257.625 (commonly known as Open Intox, Transport by a Minor, and Operating While Intoxicated, respectively).
(c) Section 80176, 81134, or 82127 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, M.C.L. § 324.80176, § 324.81134, and § 324.82127 (commonly known as Operating a Motorboat, ORV, or Snowmobile While Under the Influence, respectively).
(d) Section 167a or 237 of the Michigan Penal Code, Public Act 328 of 1939, M.C.L. § 750.167a and § 750.237 (commonly known as Hunting While Intoxicated and Possess/Use Firearm While Under the Influence, respectively).
(1978 Code, § 5-1; Ord. No. 179-B, § 1, 1-2-79; Ord. No. 209, § 1, 7-2-79; Ord. No. 209-B, § 1, 3-5-87; Ord. No. 179-K and 209-D, § 1, 6-18-96; Ord. No. 350, § 1, 10-17-00; Ord. No. 372, § 1, passed 10-19-04; Ord. No. 407, § 1, 7-21-09; Ord. No. 209-F, § 1, 12-5-17)
Statutory reference:
Similar provisions, see M.C.L. § 436.1703