(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. An alcoholic liquor as defined in § 2 of the state’s Liquor Control Act, Public Act 8 of 1933, being M.C.L.A. § 436.1105(3).
ALLOW. To give permission for, or approval of, possession or consumption of an alcoholic beverage or a controlled substance, by any of the following means:
(a) In writing;
(b) By one or more oral statements;
(c) By any form of conduct, including a failure to take corrective action, that would cause a reasonable person to believe that permission or approval has been given; and/or
(d) If a person 16 years of age or younger is left alone at home without adult supervision by the owner of the premises and minors are found to be in possession or consuming alcoholic beverages.
CONTROL OVER ANY PREMISES, RESIDENCE OR OTHER REAL PROPERTY. The authority to regulate, direct, restrain, superintend, control or govern the conduct of other individuals on or within that premises, residence or other real property, and includes, but is not limited to, a possessory right.
CONTROLLED SUBSTANCE. As defined in § 7104 of the Public Health Code, Public Act 368 of 1978, being M.C.L.A. § 333.7104.
CORRECTIVE ACTION. Any of the following:
(a) Making a prompt demand that the minor or other individual depart from the premises, residence or other real property, or refrain from the unlawful possession or consumption of the alcoholic beverage or controlled substance on or within that premises, residence or other real property, and taking additional action described in divisions (b) or (c) below if the minor or other individual does not comply with the request;
(b) Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to a law enforcement agency having jurisdiction over the violation; and
(c) Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to another person having a greater degree of authority or control over the conduct of persons on or within the premises, residence or other real property.
MINOR. An individual less than 21 years of age.
PREMISES. A permanent or temporary place of assembly, other than a residence, including, but not limited to, any of the following:
(a) A meeting hall, meeting room or conference room; and
(b) A public or private park.
RESIDENCE. A permanent or temporary place of dwelling, including, but not limited to, any of the following:
(a) A house, apartment, condominium or mobile home;
(b) A cottage, cabin, trailer or tent; and
(c) A motel unit, hotel unit or bed and breakfast unit.
SOCIAL GATHERING. An assembly of two or more individuals for any purpose, unless all of the individuals attending the assembly are members of the same household or immediate family.
(B) Except as otherwise provided in division (C) below, an owner, tenant or other person having control over any premises, residence or other real property shall not do either of the following:
(1) Knowingly allow a minor to consume or possess an alcoholic beverage at a social gathering on or within that premises, residence or other real property; or
(2) Knowingly allow any individual to consume or possess a controlled substance at a social gathering on or within that premises, residence or other real property.
(C) This section does not apply to the use, consumption or possession of a controlled substance by an individual pursuant to a lawful prescription, or to the use, consumption or possession of an alcoholic beverage by a minor for religious purposes.
(Prior Code, § 25-38) (Ord. 790, passed 11-25-1985; Ord. 1101, passed 11-13-2000) Penalty, see § 151.999
Statutory reference:
Similar provisions, see M.C.L.A. § 600.2913