(A) Adoption of state laws concerning purchase, consumption or possession of alcoholic liquor by a minor.
(1) Adoption. M.C.L.A. § 436.1703, concerning the purchase, consumption or possession of alcoholic liquor by a minor, is adopted by reference. A copy of M.C.L.A. § 436.1703 is on file and available in the Clerk’s office.
(2) Purpose. The purpose of this division (A) is to prohibit the purchase, consumption or possession of alcoholic liquor by a minor.
(3) Issuance of citation. The officer who issues a citation under this division (A) shall mark the local ordinance box on the citation and may make a reference to the offense being charged by writing the description of the offense and/or by citing M.C.L.A. § 436.1703, or by any other manner which would reasonably inform the defendant of the charge.
(Prior Code, § 25-6.1)
(B) Purchase, consumption or possession of alcoholic liquor by a minor.
(1) 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 division (B). A minor who violates this division (B)(1) is responsible for a municipal civil infraction or guilty of a misdemeanor as follows and is not subject to the penalties prescribed in M.C.L.A. § 436.1909. MINOR, as used in this division (B), means a person less than 21 years of age.
(2) 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. 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.
(3) A law enforcement agency, on determining that an individual who is less than 18 years of age and not emancipated under Public Act 293 of 1968, being M.C.L.A. §§ 722.1 to 722.6, allegedly consumed, possessed or purchased alcoholic liquor, attempted to consume, posses or purchase alcoholic liquor, or had any bodily alcohol content in violation of division (B)(1) above 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 law enforcement agency. The law enforcement agency shall notify the parent, guardian or custodian not later than 48 hours after the law enforcement agency determines that the individual who allegedly violated division (B)(1) above is less than 18 years of age and not emancipated under Public Act 293 of 1968, being M.C.L.A. §§ 722.1 to 722.6. The law enforcement agency 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 division (B)(1) above, his or her parents or legal guardian shall be notified immediately as provided in this division (B)(3).
(4) This division (B) 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 state law, 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.
(5) The following individuals are not considered to be in violation of division (B)(1) above:
(a) 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 §§ 520b to 520g of the state’s Penal Code, Public Act 328 of 1931, being M.C.L.A. §§ 750.520b to 750.520g, committed against a minor;
(b) A minor who accompanies an individual who meets both of the following criteria:
1. Has consumed alcoholic liquor; and
2. 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 for §§ 520b to 520g of the state’s Penal Code, Public Act 328 of 1931, being M.C.L.A. §§ 750.520b to 750.520g, committed against a minor.
(c) 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.
(6) If a minor who is less than 18 years of age and who is not emancipated under Public Act 293 of 1968, being M.C.L.A. §§ 722.1 to 722.6, voluntarily presents himself or herself to a health facility or agency for treatment or for observation as provided hereunder, 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 heath facility or agency.
(7) This section does not limit the civil or criminal liability of a vendor or the vendor’s clerk, servant, agent or employee for violation of this section.
(8) 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 division (B) if the purpose of the consumption is solely educational and is a requirement of the course.
(9) The consumption by a minor of sacramental wine in connection with religious services at a church, synagogue or temple is not prohibited by this division (B).
(10) Division (B)(1) above does not apply to a minor who participates in either or both of the following:
(a) 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 office as part of an employer-sponsored internal enforcement action; or
(b) 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.
(11) 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 division (B)(1) above, §§
(12) In a prosecution for the violation of division (B)(1) above 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.
(13) For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANY BODILY ALCOHOL CONTENT. 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; or
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.
EMERGENCY MEDICAL SERVICES PERSONNEL. As defined in § 20904 of the Public Health Code, Public Act 368 of 1978, being M.C.L.A. § 333.20904.
HEALTH FACILITY OR AGENCY. As defined in § 20106 of the Public Health Code, Public Act 368 of 1978, being M.C.L.A. § 333.20106.
PRIOR JUDGMENT. A conviction, juvenile adjudication, finding of responsibility or admission of responsibility for any of the following, whether under a law of the state, a local ordinance substantially corresponding to a law of the state, a law of the United States substantially corresponding to a law of the state or a law of another state substantially corresponding to a law of the state:
1. This division (B) or §§ 701 or 707 of the Liquor Control Code of the state, being M.C.L.A. §§ 436.1701 and 436.1707;
2. Sections 624a, 624b or 625 of the state’s Vehicle Code, Public Act 300 of 1949, being M.C.L.A. §§ 257.624a, 257.624b and 257.625;
3. Sections 80176, 81134 or 82127 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. §§ 324.80176, 324.81134 and 324.82127; and
4. Sections 167a or 237 of the state’s Penal Code, Public Act 328 of 1939, being M.C.L.A. §§ 750.167a and 750.237.
(Prior Code, § 25-7)
(C) In motor vehicles. It shall be a misdemeanor for any person less than 21 years of age to knowingly transport or possess in a motor vehicle alcoholic liquor unless the person is employed by a licensee licensed under the state’s Liquor Law, the Liquor Control Commission or an agent of the Liquor Control Liquor Control Commission and is transporting or having the alcoholic liquor in a motor vehicle under the person’s control during regular working hours and in the course of the person’s employment.
(Prior Code, § 25-7.1)
(D) Sale of liquor to minors.
(1) Alcoholic liquor shall not be sold or furnished to a person unless the person has attained 21 years of age. A person who knowingly sells or furnishes alcoholic liquor to a person who is less than 21 years of age, or who fails to make diligent inquiry as to whether the person is less than 21 years of age, is guilty of a misdemeanor. A suitable sign which describes this section and the penalties for violating this section shall be posted in a conspicuous place in each room where alcoholic liquors are sold. The signs shall be approved and furnished by the state’s Liquor Control Commission.
(2) In an action for the violation of this section, proof that the defendant or the defendant’s agent or employee demanded and was shown, before furnishing alcoholic liquor to a person under 21 years of age, a motor vehicle operator’s license or a registration certificate issued by the Federal Selective Service, or other bona fide documentary evidence of the age and identity of that person, shall be a defense to an action under this division (D).
(Prior Code, § 25-7.2)
(E) Person less than 21 years of age prohibited from operating a motor vehicle if the person has any bodily alcoholic content.
(1) Prohibition. A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any bodily alcohol content. As used in this division (E), ANY BODILY ALCOHOL CONTENT means either of the following:
(a) A blood alcohol content of not less than 0.02% or more than 0.07% by weight of alcohol; or
(b) Any presence of alcohol within a person’s body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony. The defendant shall bear the burden of proving that the consumption of intoxicating liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.
(2) Preliminary chemical breath analysis. A person who refuses to submit to a preliminary breath analysis upon a lawful request by a peace officer is responsible for a civil infraction.
(3) Chemical tests. A person arrested under this division (E) shall be advised of all the rights contained in M.C.L.A. § 257.625a(6).
(Prior Code, § 25-7.3)
(Ord. 632, passed 4-16-1979; Ord. 633, passed 4-16-1979; Ord. 648, passed 1-14-1980; Ord. 947, passed 7-27-1992; Ord. 950, passed 7-27-1992; Ord. 995, passed 6-5-1995; Ord. 1100, passed 11-13-2000; Ord. 1216, passed 1-24-2005; Ord. 1290, passed 10-22-2007; Ord. 1330, passed 7-19-2010; Ord. 1358, passed 12-12-2011; Ord. 1458, passed 12-18-2017) Penalty, see § 150.999
Statutory reference:
Related provisions, see M.C.L.A. §§ 436.1701, 436.1703 and 436.1707