[HISTORY: Adopted by the City Council of the City of Rockwood as Ch. 608 of the 1989 Codified Ordinances. Amendments noted where applicable.]
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]
Definitions. For the purpose of this chapter the following definitions shall apply:
- A person 17 years of age or older.
- ALCOHOLIC BEVERAGE
- 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.
- COMMERCIAL/OFFICE BUILDING OR UNIT THEREOF
- Any building or unit thereof used for retail or office use within the definition of the Zoning Code of the City of Rockwood.
- 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, 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.
- PROBATE COURT DISPOSITION
- 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.
- RENTAL HALL
- 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.
- WORK LOCATION
- 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.
Editor's Note: See Ch. 270, Zoning.
Editor's Note: M.C.L.A. 436.33b was repealed by P.A.1998, No. 58, § 1301, effective 4-14-1998. See now M.C.L.A. 436.1703.
Prohibitions. No person shall, within the City:
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;
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;
Knowingly sell, give or furnish liquor or beer to any intoxicated person or disorderly person;
Sell, give or furnish alcoholic liquor or beer to any person under 21 years of age.
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.
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.
An employee, agent or clerk of a licensee who violates this section is guilty of a misdemeanor.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Subsection F(1) does not apply to a person less than 21 years of age who participates in either or both of the following:
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.
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.
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.
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]
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.
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.
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]
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).
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.
Nudity on licensed premises.
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.
"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:
Publication and effective date. This section shall be published in the newspaper, and shall be effective 10 days after publication.