(A) Acts prohibited; enforcement:
(1) Civil infraction charge for first offense. 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 section is responsible for a civil infraction. If a minor has a prior conviction in the State of Michigan for minor in possession of alcohol, or has previously been found responsible for a civil infraction involving minor in possession of alcohol, he or she is subject to prosecution for a misdemeanor as described in division (3) below.
(2) Penalties for civil infraction finding under this section. For the first violation, the minor is responsible for a civil infraction and shall be fined not more than $100. A court may order the minor to participate in substance abuse treatment services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in state law. A minor may be found responsible or admit responsibility for a first violation of this section only once.
(3) Misdemeanor charge/conviction for second or subsequent offense. A minor who is alleged to have engaged in conduct described in division (A)(1) of this chapter, supra, and who has a prior "Minor in Possession of Alcohol" conviction in the State of Michigan (either civil infraction or misdemeanor conviction) shall be charged with a misdemeanor under § 111.05(A)(5) and subject to a $200 fine, community service, a term of probation not to exceed one year, or any combination thereof. If a minor is placed on probation by the court under this section, and violates any material term of said probation, the court has the discretion to use its contempt powers to punish the minor, to include incarceration in a suitable facility.
(4) 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 the 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 whether the minor has consumed or possessed alcoholic liquor or had any bodily alcohol content.
(5) A law enforcement agency, on determining that an individual who is less than 18 years of age and not emancipated under 1968 PA 293, M.C.L.A. § 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 (1) shall comply with M.C.L.A. § 436.1703(8) (notification of parent or guardian).
(B) Exceptions to prosecution. The provisions of division (A) of this section shall not apply to the following:
(1) A minor who possesses alcoholic liquor during regular working hours and in the course of his or her employment, if employed by a person licensed under the Michigan Liquor Control Code, by the liquor control commission, or by an agent of the commission, if the alcoholic liquor is not possessed for his or her personal consumption.
(2) 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, if the purpose of the consumption is solely educational and is a requirement of the course.
(3) The consumption by a minor of sacramental wine in connection with religious services at a church, synagogue, or temple.
(4) An undercover operation as set forth in M.C.L.A. § 436.1703(15).
(5) 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 M.C.L.A. § 750.520b to M.C.L.A. 750.520g of the Michigan Penal Code, 1931 PA 328, M.C.L.A.§ 750.520b to M.C.L.A. § 750.520g, committed against a minor.
(6) 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 M.C.L.A. § 750.520b to M.C.L.A. § 750.520g, committed against a minor.
(7) A minor who initiates contact with a peace officer or emergency medical service personnel for the purpose of obtaining medical assistance for a legitimate health care concern.
(C) Affirmative defense. In a prosecution for a violation of this section, it is an affirmative defense that the minor consumed alcoholic liquor in a venue or location where that consumption is legal.
(D) Definition of "any bodily alcohol content". As used in this section "any bodily alcohol content" means either of the following:
(1) 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.
(2) 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 religious ceremony.
(E) Definition of "emergency medical services personnel". As used in this section "emergency medical services personnel" means that term as defined in section 20904 of the Public Health Code, 1978 PA 368, M.C.L.A. § 333.20904.
(F) Definition of "health facility or agency". As used in this section "health facility or agency" means that term as defined in section 20106 of the Public Health Code, 1978 PA 368, M.C.L.A. § 333.20106.
(G) Definition of "minor". As used in this section a "minor" means a person less than 21 years of age.
(1990 Code, § 9.125) (Am. Ord. 461, passed 10-13-1997; Am. Ord. 649, passed 11-26-2018)