(a) A person less than 21 years of age 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. For purposes of this section, a person under the age of 21 is deemed a "minor." 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 of this section, M.C.L.A. 436.1703(1), or other local ordinance substantially corresponding to that statute, the minor is responsible for a civil infraction, shall be fined not more than $100.00, and shall be subject to the court orders described in subsections (a)(4) and (d). A minor may be found responsible or admit responsibility only once under this subsection (a)(1), M.C.L.A. 436.1703(l)(a), or other local ordinance substantially corresponding to that statute.
(2) If a violation of subsection (a), M.C.L.A. 436.1703(1), or other local ordinance substantially corresponding to that statute, occurs after one (1) prior judgment for an alcohol or controlled substance violation identified in subsection (a)(6), the minor is guilty of a misdemeanor, which is punishable by imprisonment for not more than 30 days if the court finds that the person 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, a fine of not more than $200.00, or both, and may be subject to the court orders described in subsections (a)(4) and (d). A minor who pleads guilty, or admits in a juvenile delinquency proceeding to a violation of this subsection (a)(2), may request deferral of proceedings and placement on probation under subsection (c).
(3) If a violation of subsection (a) of this section, M.C.L.A. 436.1703(1), or other local ordinance substantially corresponding to that statute, occurs after two (2) or more prior judgments for an alcohol or controlled substance violation identified in subsection (a)(6), the minor is guilty of a misdemeanor which is punishable by imprisonment for not more than 60 days if the court finds that the person 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 $500.00, or both, as applicable, and may be subject to the court orders described in subsections (a)(4) and (d).
(4) The court may order a minor that is responsible for or guilty of a violation under this subsection (a) to: (i) participate in substance use disorder services as defined in M.C.L.A. 333.6230, and designated by the Administrator of the Office of Substance Abuse Services, (ii) perform community service, and (iii) to undergo substance abuse screening and assessment as provided in M.C.L.A. 436.1703(5) and subsection (d), all of which shall be at the minor's own expense.
(5) A minor that is subject to a misdemeanor conviction or juvenile adjudication of, or placed on probation regarding, a violation of subsections (a)(2) or (3), may be ordered by the court to submit to random or regular preliminary chemical breath analysis, which may be requested by the minor's parent, guardian, or custodian as provided in M.C.L.A. 436.1703(5).
(6) For purposes of subsections (a)(2) and (3), "prior judgment" means a conviction, juvenile adjudication, or finding or admission of responsibility for a violation of the statutes listed in this subsection, or any federal or state law or local ordinance that substantially corresponds to any of those listed statutes:
A. This subsection (a) or M.C.L.A. 436.1703(1).
B. A misdemeanor violation that is dismissed under subsection (c), M.C.L.A. 436.1703(3), or other local ordinance substantially corresponding to that statute.
C. M.C.L.A. 436.1701 (Sale/furnish alcohol to minors.)
D. M.C.L.A. 436.1707 (Sale/service/furnish alcohol to intoxicated persons.)
E. M.C.L.A. 257.624a (Transport/possess open alcohol in motor vehicle.)
F. M.C.L.A. 257.624b (Transport/possess open alcohol in motor vehicle by minor.)
G. M.C.L.A. 257.625 (Operating motor vehicle while intoxicated/impaired.)
H. M.C.L.A. 324.80176 (Operating boat while under influence.)
I. M.C.L.A. 324.81134 (Operating off-road vehicle while under influence.)
J. M.C.L.A 324.82127 (Operating snowmobile while under influence.)
K. M.C.L.A. 750.167a (Hunting with firearm/weapon while intoxicated.)
L. M.C.L.A. 750.237 (Carry/possess/use/discharge firearm while under influence.)
(b) A person who furnishes fraudulent identification to a minor, or notwithstanding subsection (a) of this section, 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 $100.00, or both.
(c) If a minor pleads guilty, or admits in a juvenile delinquency proceeding to a violation of subsection (a)(2), the court may defer further proceedings and place the minor on probation under M.C.L.A. 436.1703(3), which provides for dismissal of the proceedings upon the terms and conditions of probation being fulfilled. 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 subsection (a) of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only one discharge and dismissal under M.C.L.A. 436.1703(3) 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 subsection. The Secretary of State shall retain a nonpublic record of a plea and of the discharge and dismissal under this subsection. 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 the conditions of employment or whether an applicant meets criteria for employment.
(d) The court may order the person found responsible for or convicted of violating subsection (a) of this section to undergo screening and assessment to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs as provided in M.C.L.A. 436.1703(5).
(e) The Secretary of State shall suspend the operator's or chauffeur's license of an individual convicted of violating subsections (a)(2), (a)(3), or (b) of this section as provided in section 319 of the Michigan Vehicle Code, Public Act No. 300 of 1949 (M.C.L.A. 257.319).
(f) A peace officer who has reasonable cause to believe a minor has consumed alcoholic liquor or has any bodily alcohol content may request that the minor voluntarily 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 peace officer may seek to obtain a court order. A peace officer may initiate municipal civil infraction or misdemeanor charges for a violation of subsection (a) based in whole or in part upon the results of a preliminary chemical breath analysis. 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.
(g) A law enforcement agency, upon determining that a person less than 18 years of age who is not emancipated under Public Act No. 293 of 1968 (M.C.L.A. 722.1 et seq.), allegedly consumed, possessed, or purchased alcoholic liquor, attempted to consume, possess, or purchase alcoholic liquor, or had any bodily alcohol content in violation of subsection (a) of this section shall notify the parent or parents, custodian, or guardian of the person as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the law enforcement agency. The notice required by this subsection shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated subsection (a) of this section is less than 18 years of age and not emancipated under Public Act No. 293 of 1968 (M.C.L.A. 722.1 et seq.). The notice may be made 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) of this section, parents or legal guardian of that individual shall be notified immediately as provided in this subsection.
(h) This section does not prohibit a minor from possessing alcoholic liquor during regular working hours and in the course of the minor's employment if employed by a person licensed under the Michigan Liquor Control Code of 1998, Public Act 58 of 1998, as amended, by the State Liquor Control Commission, or by an agent of that Commission, if the alcoholic liquor is not possessed for the minor's personal consumption.
(i) This section does not limit the civil or criminal liability of the vendor or the vendor's clerk, servant, agent, or employee for a violation of this section.
(j) 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 is not prohibited by this section if the purpose of the consumption is solely educational and is a requirement of the course.
(k) The consumption by a minor of sacramental wine in connection with religious services at a church, synagogue, or temple is not prohibited by this section.
(l) Subsection (a) of this section 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 minor's employer and with the prior approval of the local prosecutor'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 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 Commission, or the local police agency and was not part of the undercover operation.
(m) The State Police, the 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) of this section.
(n) In a municipal civil infraction proceeding or criminal prosecution for the violation of subsection (a) of this section 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.
(o) 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 ceremony.
(Ord. 85-A10. Passed 4-11-18.)