[HISTORY: Adopted by the City Council of
the City of Rockwood as Ch. 608 of the 1989 Codified Ordinances. Amendments
noted where applicable.]
GENERAL REFERENCES
Operating vehicles under the influence — See
Ch. 69.
Liquor or beer in places occupied by amusement
devices — See Ch. 16, § 16-11H.
Operating snowmobiles under the influence — See
Ch. 208.
Uniform Traffic Code — See Ch.
242.
Discharge of firearms while under the influence — See
Ch. 258.
Fines and/or penalties — See
Ch. A277.
[Amended 7-2-1997 by Ord. No. 351; 5-1-2002 by Ord. No.
407; 1-22-2003 by Ord. No. 414]
A.
ADULT
ALCOHOLIC BEVERAGE
COMMERCIAL/OFFICE BUILDING OR UNIT THEREOF
CONTROL
DRUG
MINOR
PARTY
PROBATE COURT DISPOSITION
RENTAL HALL
RESIDENCE
WORK LOCATION
Definitions. For the purpose of this chapter the following
definitions shall apply:
A person 17 years of age or older.
Any spirituous, vinous, malt or fermented liquor, liquids
or compounds, whether or not medicated, proprietary, patented and
by whatever name called, containing 1/2 of 1% or more of alcohol by
volume which are fit or intended for consumption as beverages.
Any building or unit thereof used for retail or office use
within the definition of the Zoning Code of the City of Rockwood.[1]
Any form of regulation or dominion including a possessory
right or interest.
Any controlled substance as defined now or hereafter by the
Public Health Code for the State of Michigan. Currently, controlled
substances are defined in Part 72 of the Health Code, being § 333.7201
et seq., of the Michigan Compiled Laws.
A person not legally permitted by reason of age to possess
alcoholic beverages pursuant to Michigan Compiled Laws, § 436.33b,[2] as the same may be amended from time to time.
A social gathering of persons at a residence, or rental hall,
commercial or office building or unit thereof attended by persons
other than the owners or those with rights of possession or their
immediate family members.
A probate court order of disposition for a child found to
be within the provisions of Chapter XIIA of Act No. 288 of the Public
Acts of 1939, being §§ 712A.1 to 712A.31 of the Michigan
Compiled Laws.
Any facility rented out for public use and activity for educational,
recreational or activity purposes on an hourly or by event basis.
A home, apartment, condominium or other dwelling unit and
includes the curtilage (patio or yard) of such dwelling unit.
As applicable, either the specific place or places of employment,
or the territory or territories regularly visited by the person in
pursuance of the person's occupation, or both.
B.
Prohibitions. No person shall, within the City:
(1)
If over 21 years of age, consume any alcoholic liquor
on the public highways; in public parks, except as provided in § 12-2;
or in places of amusement not licensed to sell for consumption on
the premises;
(2)
Be drunk or intoxicated in a public place and endanger
directly the safety of another person or of property, or act in a
manner that causes a public disturbance;
(3)
Knowingly sell, give or furnish liquor or beer to
any intoxicated person or disorderly person;
(4)
Sell, give or furnish alcoholic liquor or beer to
any person under 21 years of age.
C.
Alcoholic liquor shall not be sold or furnished to
a minor. A person who knowingly sells or furnishes alcoholic liquor
to a minor, or who fails to make diligent inquiry as to whether the
person is a minor before selling or furnishing alcoholic beverages
to a minor, is guilty of a misdemeanor.
(1)
A retail licensee who violates this section is punishable
by imprisonment for not more than six months or a fine of not more
than $500, or both.
(2)
An employee, agent or clerk of a licensee who violates
this section is guilty of a misdemeanor.
(3)
A person, who is not a retail licensee, who sells,
gives, or furnishes alcoholic liquor to a minor shall be fined $1,000
and be imprisoned for up to 60 days for the first offense, $2,500
for the second offense and imprisoned for up to 90 days for the second
offense.
D.
Parties.
(1)
No adult having control of any residence, rental hall,
commercial or office building or unit thereof shall allow a party
to take place at such rental hall, commercial or office building or
unit thereof if any drug is possessed by any person or any alcoholic
beverage is possessed or consumed by a minor at such residence, rental
hall, commercial or office building or unit thereof if the adult knew
or reasonably should have known that a drug was in the possession
of any person at the party or an alcoholic beverage was possessed
or being consumed by a minor at the party, or where the adult failed
to take reasonable steps to prevent the possession or consumption
of drugs or alcoholic beverages at the party in the residence, rental
hall, commercial or office building or unit thereof.
(2)
Exception. The provisions of this chapter shall not
apply to legally protected religious observances or legally protected
educational activities. It also does not apply to family gatherings.
E.
Transportation or possession of alcoholic liquor in
a motor vehicle by a person less than 21 years of age; violation as
misdemeanor. A person less than 21 years of age shall not knowingly
transport or possess, in a motor vehicle, alcoholic liquor unless
the person is employed by a licensee under this chapter, a common
carrier designated by the Commission, the Liquor Control Commission,
or an agent of the 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. A person who violates this subsection is guilty of a misdemeanor.
F.
Purchase, attempt to purchase, consumption, or possession
of alcoholic liquor by person less than 21 years of age; misdemeanor;
furnishing or using fraudulent identification as misdemeanor; chemical
breath analysis; possession during regular working hours and in course
of employment; civil or criminal liability; consumption as necessary
ingredient of educational course; consumption in connection with religious
services; exceptions for undercover operations.
(1)
A person less than 21 years of age shall not purchase
or attempt to purchase alcoholic liquor, consume or attempt to consume
alcoholic liquor, or possess or attempt to possess alcoholic liquor,
except as provided in this section. A person less than 21 years of
age who violates this subsection is guilty of a misdemeanor.
(a)
For the first violation: a fine of not more
than $100, and may be ordered to participate in substance abuse prevention,
treatment or rehabilitation services as defined in § 6102
of the Public Health Code, and may be ordered to perform community
service and to undergo substance abuse screening and assessment at
his or her own expense.
(b)
For a violation following a prior conviction:
a fine of not more than $200 may be ordered in addition to other actions
set forth in Subsection F(1)(a) above.
(c)
For a violation following two or more prior
convictions for a violation of this subsection: a fine of not more
than $500 plus participation in substance abuse treatment and rehabilitation
or community service and undergo substance abuse screening and assessment.
(2)
A person who furnishes fraudulent identification to
a person less than 21 years of age, or, notwithstanding Subsection
F(1), a person less than 21 years of age 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, or both.
(3)
A peace officer who has reasonable cause to believe
a person less than 21 years of age has consumed alcoholic liquor may
require the person to submit to a preliminary chemical breath analysis.
A legal presumption shall be made by the court that the person less
than 21 years of age has consumed or possessed alcoholic liquor if
a preliminary chemical breath analysis or other acceptable blood alcohol
test indicates the person's blood contained 0.02% or more by weight
of alcohol. A person less than 21 years of age who refuses to submit
to a preliminary chemical breath test analysis as required in this
subsection is responsible for a state civil infraction and may be
ordered to pay a civil fine of not more than $100.
(4)
This section does not prohibit a person less than
21 years of age from possessing alcoholic liquor during regular working
hours and in the course of his or her employment if employed by a
person licensed by this chapter, by the Commission, or by an agent
of the Commission, if the alcoholic liquor is not possessed for his
or her personal consumption.
(5)
This section shall not be construed to limit the civil
or criminal liability of the vendor or the vendor's clerk, servant,
agent, or employee for a violation of this chapter.
(6)
The consumption of alcoholic liquor by a person less
than 21 years of age 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 chapter if the purpose of the consumption is solely educational
and is a necessary ingredient of the course.
(7)
The consumption by a person less than 21 years of
age of sacramental wine in connection with religious services at a
church, synagogue, or temple is not prohibited by this chapter.
(8)
Subsection F(1) does not apply to a person less than
21 years of age who participates in either or both of the following:
(a)
An undercover operation in which the person
less than 21 years of age 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.
(b)
An undercover operation in which the person
less than 21 years of age 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 except that any initial or
contemporaneous purchase or receipt of alcoholic liquor by the person
less than 21 years of age is under the direction of the State Police,
the Commission, or the local police agency and is part of the undercover
operation.
A.
No person shall bring within, sell, give away or drink
any intoxicating liquor, beer or wine in the City park system, unless
a valid permit therefor has been issued as hereinafter provided.
B.
Upon written application to the Park Permit Committee,
a limited permit may be issued for consumption of alcoholic beverages
for family activities, social parties and recognized club activities.
Such permit, if issued, shall be subject to the rules, regulations
and restrictions imposed by the Committee.
[Amended 5-1-2002 by Ord. No. 407]
C.
The Committee shall be composed of the Administrative
Coordinator, the Chief of Police and a member of Council, which Council
member shall be appointed in the manner prescribed in the City Charter.
Further, Council may appoint an alternate member of Council to act
in the absence of any regular Committee member. A majority vote of
the Committee shall be required for the issuance of any such permit.
D.
Notwithstanding any other provision of this chapter,
the Chief of Police or his or her designee may immediately revoke
any permit issued under this section that is, in his or her sole discretion,
being abused by the holder of such permit and/or any member or guest
of such permit holder.[1]
[1]
Editor's Note: Original Section 608.03, Soliciting
drinks, and Section 608.99, Penalty, which immediately followed this
section, were deleted 5-1-2002 by Ord. No. 407.
[Added 8-6-2008 by Ord. No. 444]
A.
Findings. The City of Rockwood finds that the combination
of alcohol and nudity in business establishments selling alcoholic
beverages by the glass leads to or encourages undesirable behavior
within the City of Rockwood. The City of Rockwood finds that studies
conducted in other municipalities establish the existence of negative
secondary effects of adult entertainment which include topless bars;
New York City Adult Entertainment Study, 1997, and "A Digest of Research"
prepared for the City of Marys, Georgia, 1996, summarized the results
of studies on adult entertainment businesses. The City of Rockwood
further finds that "common sense indicates that any form of nudity
coupled with alcohol in a public place begets undesirable behavior."
New York State Liquor Control Authority v Bellanca, 452 US 714, 718
(1981). Nude dancing in establishments serving liquor may be injurious
to the citizens of the City of Rockwood, and will produce negative
secondary effects within the City of Rockwood, such as increased crime
and the perception of blighted neighborhoods. City of Newport KY v
lacobucci, 479 US 92 (1986). The authority to separate the sale of
alcoholic beverages and live nude performances is clear. California
v LaRue, 404 US 999 (1972). The City of Rockwood finds that it should
avoid or eradicate the negative secondary effects produced by the
combination of nudity and sale of alcohol. Ben 's Bar Inc v Village
of Somerset, 316 F3d 702 (7th Cir 2003). The City of Rockwood relies
in part on M.C.L.A. 436, 1916, R 436 1409 (1), and the decisions in
Jott v Charter Township of Clinton, 224 Mich App 513 (1997) and Charter
Township of Buren v Garter Belt Inc., 258 Mich App 594 (2003).
B.
Intent. The City of Rockwood intends to avoid or eradicate
the negative secondary effects produced by the combination of nudity
and the sale of alcoholic beverages, without regard to the content
of any performance or erotic expression. The City of Rockwood intends
to prohibit live nude performances or services in business establishments
licensed by the Michigan Liquor Control Commission.
C.
Nudity on licensed premises.
(1)
No person while appearing in a state of nudity as
defined by this section shall frequent, loiter, work for or perform
in any establishment licensed or subject to licensing by the Michigan
Liquor Control Commission. No proprietor or operator of any such establishment
shall allow the presence in such establishment of any person who violates
the provisions of this section.
(2)
"Nudity" is defined as the exposure to the view of
persons any of the following body parts, either directly or indirectly,
including but not limited to exposure, see-through clothing articles
or body stockings:
D.
Publication and effective date. This section shall
be published in the newspaper, and shall be effective 10 days after
publication.
