(a) For the purpose of this section, the following terms shall be defined as follows:
(1) "Adult" means a person seventeen years of age or older.
(2) "Control" means any form of regulation or dominion including by way of example, but not in any way limited to, a possessory right or a right of occupancy.
(3) "Drug" means a controlled substance as defined now or hereafter by the Controlled Substances Act of the Michigan Compiled Laws, as the same may be amended from time to time.
(4) "Minor" means a person not legally permitted by reason of age to possess or consume alcoholic beverages as defined now or hereafter by the Public Acts of the State.
(5) "Open house party" means a social gathering, at a residence or premises, of persons other than the owner of the residence or premises or those with rights of possession to the residence or premises or their immediate family members.
(6) "Residence" or "premises" means a motel room, hotel room, home, apartment, condominium or other dwelling unit including the curtilage of the dwelling unit, or a hall, meeting room or other place of assembly, whether occupied on a temporary or permanent basis, whether as a dwelling or specifically for social functions, and whether owned, leased, rented or used with or without compensation.
(b) No adult having control of any residence or premises shall allow an open house party to take place at the residence or premises if any alcoholic beverage or drug is possessed or consumed at the residence or premises by any minor where the adult knew or reasonably should have known that any alcoholic beverage or drug was in the possession of or being consumed by a minor at said residence or premises, and where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug at the residence or premises.
(c) The provisions of this section shall not apply to legally protected religious observances or legally protected educational activities.
(d) The penalties for violation of this subsection shall be as follows:
(1) For the first violation, a fine not exceeding five hundred dollars ($500.00) or imprisonment in the county jail for a term not to exceed thirty days or by both such fine and imprisonment.
(2) For second or subsequent violations, a fine not exceeding five hundred dollars ($500.00) or imprisonment in the county jail for a term not to exceed ninety days or by both such fine and imprisonment.
(Ord. 85A-9. Passed 5-14-14.)