[Adopted 6-8-1998 by Ord. No. 98-010]
No person under 21 years of age shall possess or attempt to possess alcoholic liquor, or consume or attempt to consume alcoholic liquor, or purchase or attempt to purchase alcoholic liquor, except as provided in state law or §
173-4 hereof.
The Police Department, upon determining that a person under 18 years of age who is not emancipated pursuant to MCLA §§ 722.1 to 722.6 allegedly consumed, possessed, purchased or attempted to consume, possess or purchase alcoholic liquor in violation of §
173-1 hereof, shall notify the parent or parents, custodian or guardian of the person as to the nature of the violation if the name of the parent, guardian or custodian can be reasonably ascertained by the law enforcement agency. The notice required by this section shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated §
173-1 hereof is under 18 years of age and not emancipated pursuant to MCLA §§ 722.1 to 722.6. The notice may also 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 a person under 17 years of age is incarcerated for a violation of §
173-1 hereof, his or her parents or legal guardian shall be immediately notified as provided in this section.
Section
173-1 hereof shall not apply to any of the following activities:
A. The possession of alcoholic liquor by a person under
21 years of age during regular working hours and in the course of
his or her employment if employed by a person licensed pursuant to
the Liquor Control Act or 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.
B. The consumption of alcoholic liquor by a person under
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 if the purpose
of the consumption is solely educational and is a necessary ingredient
of the course.
C. The consumption by a person under 21 years of age
of sacramental wine in connection with religious services at a church,
synagogue or temple.
D. The purchasing or receiving of alcoholic liquor by
a person under 21 years of age as part of an undercover operation
when the purchasing or receiving is under the direction of the person's
employer and with the prior approval of the City Attorney's Office,
or the Monroe County Prosecutor's Office when enforcing Michigan Compiled
Law violations, as part of an employer-sponsored internal enforcement
action.
E. The purchasing or receiving of alcoholic liquor by
a person under 21 years of age as part of an undercover operation
and enforcement action under the direction of the Police Department,
the Liquor Control Commission or any other law enforcement agency
authorized to act within the boundaries of the City, except that any
initial or contemporaneous purchase or receipt of alcoholic liquor
by a person under 21 years of age is under the direction of the Police
Department, the Liquor Control Commission or any other law enforcement
agency authorized to act within the boundaries of the City and is
part of the undercover operation. Neither the Police Department, the
Liquor Control Commission nor any other law enforcement agency authorized
to act within the boundaries of the City shall recruit or attempt
to recruit persons under 21 years of age for participation in an undercover
operation at the scene in violation of applicable state law.
[Amended 3-19-2001 by Ord. No. 01-005]
Except as otherwise provided, a person under
21 years of age who violates this article is guilty of a misdemeanor
and shall be subject to the following fines, sanctions and provisions:
A. For a first violation of this article, a fine of not
more than $100. In addition, the person may be ordered to:
(1) Undergo substance abuse screening and assessment at his or her own expense, as provided in Subsection
D hereof.
(2) Participate in substance abuse prevention or substance
abuse treatment and rehabilitation services as defined in § 6107
of the Michigan Public Health Code, Act 368 of the Public Acts of
1978, as amended, being MCLA § 333.6107, and designated
by the administrator of substance abuse services.
(3) Perform community service, which may include picking
up refuse and litter in the City under the direction of the Department
of Parks and Recreation or the Department of Public Services.
B. For a violation of this article following a prior
conviction or juvenile adjudication for a violation of this article,
MCLA § 436.1703, Section 33b(1) of former 1933 (Ex Sess)
PA 8, or the laws and/or ordinances of another state or municipality
that substantially correspond to this article, MCLA § 436.1703
or Section 33b(1) of former 1933 (Ex Sess) PA 8, a fine of not more
than $200. In addition, the person:
(1) May be ordered to undergo substance abuse screening and assessment at his or her own expense, as provided in Subsection
D hereof.
(2) May be ordered to participate in substance abuse prevention
or substance abuse treatment and rehabilitation services as defined
in Section 6107 of Act 368 of the Public Acts of 1978, as amended,
and designated by the administrator of substance abuse services.
(3) May be ordered to perform community service, which
may include picking up refuse and litter in the City under the direction
of the Department of Parks and Recreation or the Department of Public
Services.
(4) Shall be subject to sanctions against his or her operator's or chauffeur's license, as imposed in §
173-5.
C. For a violation of this article following 2 or more
prior convictions or juvenile adjudications for a violation of this
article, MCLA § 436.1703, Section 33b(1) of former 1933
(Ex Sess) PA 8, or the laws and/or ordinances of another state or
municipality that substantially corresponds to this article, MCLA
§ 436.1703 or Section 33b(1) of former 1933 (Ex Sess) PA
8, a fine of not more than $500. In addition, the person:
(1) May be ordered to undergo substance abuse screening and assessment at his or her own expense, as provided in Subsection
D hereof.
(2) May be ordered to participate in substance abuse prevention
or substance abuse treatment and rehabilitation services, as defined
in Section 6107 of Act 368 of the Public Acts of 1978, as amended,
and designated by the administrator of substance abuse services.
(3) May be ordered to perform community service, which
may include picking up refuse and litter in the City under the direction
of the Department of Parks and Recreation or the Department of Public
Services.
(4) Shall be subject to sanctions against his or her operator's or chauffeur's license, as imposed in §
173-5.
D. The Court may order a person under 21 years of age
who is found violating this article to undergo screening and assessment
by a person or agency as designated by the substance abuse coordinating
agency, as defined in Section 6103 of Act 368 of the Public Acts of
1978, as amended, being MCLA § 333.6103, in order to determine
whether the person is likely to benefit from rehabilitative services,
including alcohol or drug education and alcohol or drug treatment
programs.