678.01  PURCHASE, CONSUMPTION, POSSESSION PROHIBITED; PENALTY.
   A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, or 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 civil infraction or guilty as set forth herein.
   (a)   The first violation will be considered a civil infraction with a fine of not more than one hundred dollars ($100.00), and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in Section 6107 of the Public Health Code, 1978 PA 368, MCL 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 Section 678.03.  A minor may be found responsible or admit responsibility only once under this subdivision.
   (b)   For a violation of this section or State law substantially corresponding to this section following one prior judgment, the minor is guilty of a misdemeanor 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, a fine of not more than two hundred dollars ($200.00) or both. The minor may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in Section 6107 of the Public Health Code, 1978 PA 368, MCL 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 Section 678.03.
   (c)   For a violation of this section following two or more prior judgments for a violation of this section or State law substantially corresponding to this section, the minor is guilty of a misdemeanor 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, a fine of not more than five hundred dollars ($500.00), or both. The minor may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in Section 6107 of the Public Health Code, 1978 PA 368, MCL 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 Section 678.03.
   (d)   When an individual who has not previously been convicted of or received a juvenile adjudication for a violation of this section pleads guilty to a violation of this section or offers a plea of admission in a juvenile delinquency proceeding for a violation of this section, 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 upon terms and conditions that include, but are not limited to, the sanctions set forth herein.  Upon violation of a term or condition of probation or upon a finding 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 the offense, and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt or without a determination in a juvenile delinquency proceeding that the individual has committed the offense and is not a conviction or juvenile adjudication for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions or juvenile adjudications.  There may be only one discharge and dismissal under this section as to an individual. 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 section. The Secretary of State shall retain a nonpublic record of a plea and of the discharge and dismissal under this section. These records shall be furnished to any of the following:
      (1)   To a court, prosecutor, or police agency upon request for the purpose of determining if an individual has already utilized this subsection.
      (2)   To the Department of Corrections, a prosecutor, or a law enforcement agency, upon the department's, a prosecutor's, or a law enforcement agency's request, subject to all of the following conditions:
         A.   At the time of the request, the individual is an employee of the Department of Corrections, the prosecutor, or the law enforcement agency, or an applicant for employment with the Department of Corrections, the prosecutor, or the law enforcement agency.
         B.   The record is used by the Department of Corrections, the prosecutor, or the law enforcement agency only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.
(Ord. 2006-07.  Passed 4-18-06; Ord. 2007-10.  Passed 6-19-07; Ord. 2017-07.  Passed 1-3-18.)