[Ord. No. 80,
§ 2, eff. 2-2-1984]
This chapter is adopted pursuant to and in accordance with Act
No. 8 of the Public Acts of Michigan of 1933 (MCL 436.1 et seq., MSA
18.971 et seq.), as amended.
[Ord. No. 80,
§ 3, eff. 2-2-1984; Ord. No. 80-1, eff. 4-14-1984; Ord. No. 80-2, 4-2-1992]
(a)
Application. Applications for license to sell beer and wine or spirits
shall be in writing on an application form approved by the township
board signed by the applicant, if an individual, or by a duly authorized
agent thereof, if a partnership or corporation, verified by oath or
affidavit, and shall, in addition to all other information required
by the application, contain the following statements and information:
(1)
The name, age and address of the applicant in the case of an individual;
or, in the case of a copartnership, the persons entitled to share
in the profits thereof; in the case of a corporation, the objects
for which organized, the names and addresses of the officers and directors,
and, if a majority interest in the stock of such corporation is owned
by one person or his nominee, the name and address of such person.
(2)
The citizenship of the applicant, his place of birth and, if a naturalized
citizen, the time and place of his naturalization.
(3)
The character of business of the applicant, and in the case of a
corporation, the object for which it was formed.
(4)
The length of time the applicant has been in business of that character
or, in the case of a corporation, the date when its charter was issued.
(5)
The location and description of the premises or place of business
which is to be operated under such license.
(6)
A statement whether the applicant has made application for a similar
or other license on premises other than described in the application,
and the disposition of such application.
(7)
A statement that the applicant has never been convicted of a felony
and is not disqualified to receive a license by reason of any matter
or thing contained in this chapter or the laws of the state.
(8)
A written statement that the applicant will not violate any of the
laws of the state or of the United States or any ordinances of the
township in the conduct of its business.
(9)
The application shall be accompanied by building and plot plans showing
the entire structure and premises and in particular the specific areas
where the license is to be utilized. The plans shall demonstrate adequate
off-street parking, lighting, refuse disposal facilities and where
appropriate, adequate plans for screening, and noise control.
(10)
The applicant shall pay a fee established by resolution of the
township board in an amount sufficient to pay all costs of the township
necessarily incurred in the review of the application.
(b)
Restrictions on licenses. No license to sell beer and wine or spirts
shall be issued to:
(1)
A person whose license under this chapter has been revoked for cause.
(2)
A person who, at the time of application or renewal of any license
issued under this chapter, would not be eligible for such license
upon a first application.
(3)
A copartnership unless all of the members of such copartnership shall
qualify to obtain a license.
(4)
A corporation, if any officer, manager or director thereof, or a
stock owner or stock-holders owning in the aggregate more than 5%
of the stock of such corporation would not be eligible to receive
a license under this chapter for any reason.
(5)
A person who has been convicted of a felony violation of any federal
or state law concerning the manufacture, possession or sale of alcoholic
liquor or a controlled substance.
(6)
A person who does not own the premises for which a license is sought
or does not have a lease therefor for the full period for which the
license is issued, or to a person, corporation or copartnership that
does not have sufficient financial assets to carry on or maintain
the business.
(7)
Any law enforcing public official or any member of the township board;
and no such official shall be interested in any way either directly
or indirectly in the manufacture, sale or distribution of alcoholic
liquor.
(8)
For premises where there exists a violation of the applicable building,
electrical, mechanical, plumbing or fire codes, applicable zoning
regulations, applicable public health regulations, or any other applicable
township ordinance.
(9)
For any new license or for the transfer of any existing license unless
the sale of beer, wine or spirits is shown to be incidental and subordinate
to other permitted business uses upon the site, such as but not limited
to food sales, motel operations, or recreational activities.
(10)
For premises where it is determined by a majority of the board
that the premises do not or will not reasonably soon after commencement
of operations have adequate off-street parking, lighting, refuse disposal
facilities, screening, or noise or nuisance control.
(11)
Where the board determines, by majority vote, that the proposed
location is inappropriate considering the desirability of establishing
a location in developed, commercial areas, in preference to isolated,
undeveloped areas; the attitude of adjacent residents and property
owners; traffic safety; accessibility to the site from abutting roads
to accommodate the commercial activity; distance from public or private
schools for minors; proximity of the inconsistent zoning classification;
and accessibility from primary roads or state highways.
(c)
Terms and conditions of license.
[Amended 6-2-2014 by Ord.
No. 143]
(1)
Approval of a license shall be for a period of one year subject to
annual renewal by the Michigan Liquor Control Commission. Approval
of a license shall be contingent upon the applicant satisfying the
following conditions within the stated periods of time:
a.
The issuance of a license shall be contingent upon the application
for and receipt of site plan approval, building permits, zoning changes
and other necessary approvals by the Township within six months of
the action of the Township Board or the State Liquor Control Commission
approving such license, whichever occurs last.
b.
Approval of a license shall further be contingent upon the commencement
of the necessary remodeling or new construction for use of the license
within six months of the action of the Township Board or the State
Liquor Control Commission approving such license, whichever occurs
last.
c.
The remodeling or new construction shall be completed within a time
period not to exceed two years from the date of the action of the
Township Board or the State Liquor Control Commission approving such
license, whichever occurs last.
d.
The applicant shall provide progress reports to the Township Board
every six months during the remodeling or new construction setting
forth in detail the status of such remodeling or construction.
e.
For cause shown, the Township Board may extend the time for remodeling
or new construction.
(2)
The failure of an applicant to meet any of the above conditions shall
be reason for the Township Board to recommend to the Michigan Liquor
Control Commission denial of the annual renewal of any license under
this section issued, and the Township Board reserves the right to
withdraw its approval and deny the license at the time of such review.
(d)
License hearing. The township board shall grant a public hearing
upon the license application. Following such hearing the board shall
submit to the applicant a written statement of its findings and determination.
The board's determination shall be based upon satisfactory compliance
with the restrictions set forth in subsection (b)(1) through (11)
of this section.
[Ord. No. 80,
§ 4, eff. 2-2-1984; Ord. No. 80-1, eff. 4-14-1984]
(a)
Procedure. Before filing an objection to renewal or request for revocation
of a license with the state liquor control commission, the township
board shall serve the license holder, by first class mail, mailed
not less than 10 days prior to hearing with notice of a hearing, which
notice shall contain the following:
(1)
Notice of proposed action.
(2)
Reasons for the proposed action.
(3)
Date, time and place of hearings.
(4)
A statement that the licensee may present evidence and testimony
and confront adverse witnesses.
|
Following the hearing, the township board shall submit to the
license holder and the commission a written statement of its findings
and determination.
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(b)
Criteria for nonrenewal or revocation. The township board shall recommend
nonrenewal or revocation of a license upon a determination by it that,
based upon a preponderance of the evidence presented at the hearing,
either of the following exists:
[Ord. No. 131a, § 1, 1-22-2008]
This article shall be known and cited as the Chesterfield Township
Prohibition of Alcohol Purchase, Consumption and/or Possession by
Persons Under the Age of 21 Ordinance.
[Ord. No. 131a, § 2, 1-22-2008]
The purpose of this article is to protect the health, safety
and general welfare of the property and persons in Chesterfield Township
from persons under the age of 21 who purchase, possess and/or consume
alcohol.
[Ord. No. 131a, § 3, 1-22-2008]
This article is adopted in accordance with and pursuant to MCL
436.1703 et seq.
[Ord. No. 131a, § 4, 1-22-2008]
A person less than 21 years of age 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 within the boundaries of the township.
[Ord. No. 131a, § 5, 1-22-2008; Ord. No. 168, 1-22-2018]
(a)
A person less than 21 years of age ("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 section.
A minor who violates this section is responsible for a civil infraction
or guilty of a misdemeanor as follows, punishable by the following
fines and sanctions:
(1)
For the first violation, the minor is responsible for a civil infraction
and shall be fined not more than $100. A court may order a minor under
this subdivision to participate in substance use disorder services
as defined in the Public Health Code, MCLA § 333.6230, and
designated by the administrator of the Office of Substance Abuse Services,
and may order the minor to perform community service and undergo substance
abuse screening and assessment at his or her own expense as described
in Subsection (e). A minor may be found responsible or admit responsibility
only once under this subsection.
(2)
If a violation of this subsection occurs after one prior judgment,
the minor is guilty of a misdemeanor. A misdemeanor under this subdivision
is punishable by imprisonment for not more than 30 days if the court
finds that the minor violated an order of probation, failed to successfully
complete any treatment, screening or community service ordered by
the court, or failed to pay any fine for that conviction or juvenile
adjudication, or by a fine of not more than $200, or both. A court
may order a minor under this subdivision to participate in substance
use disorder services, as defined in the Public Health Code, MCLA
§ 333.6230, and designated by the administrator of the Office
of Substance Abuse Services, to perform community service and to undergo
substance abuse screening and assessment at his/her own expense as
described in Subsection (e).
(3)
If a violation of this subsection occurs after two or more prior
judgments, the minor is guilty of a misdemeanor. A misdemeanor under
this subdivision is punishable by imprisonment for not more than 60
days, if the court finds that the minor violated an order of probation,
failed to successfully complete any treatment, screening, or community
service ordered by the court, or failed to pay any fine for that conviction
or juvenile adjudication, or by a fine of not more than $500, or both,
as applicable. A court may order a minor under this subdivision to
participate in substance use disorder services as defined in the Public
Health Code, MCLA § 333.6230, and designated by the administrator
of the Office of Substance Abuse Services, to perform community service,
and to undergo substance abuse screening and assessment at his or
her own expense as described in Subsection (e).
(b)
An individual who furnishes fraudulent identification to a minor or, notwithstanding Subsection (a), a minor 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.
(c)
If an individual who pleads guilty to a misdemeanor in violation
of Subsection (a)(2) or offers a plea of admission in a juvenile delinquency
proceeding for a misdemeanor violation of Subsection (a)(2), the court,
without entering a judgment of guilt in a criminal proceeding or a
determination in a juvenile delinquency proceeding that the juvenile
has committed the offense and with the consent of the accused, may
defer further proceedings and place the individual on probation. The
terms and conditions of that probation include, but are not limited
to, the sanctions set forth in Subsection (a)(3), payment of the costs,
including minimum state cost as provided for in Section 18m of Chapter
XIIA of the Probate Code of 1939, MCLA § 712A.18m, and Section
1j of Chapter IX of the Code of Criminal Procedure, MCLA § 769.1j,
and the costs of probation as prescribed in Section 3 of Chapter XI
of the Code of Criminal Procedure, MCLA § 771.3. If a court
finds that an individual violated a term or condition of probation
or that the individual is utilizing this subsection in another court,
the court may enter an adjudication of guilt, or a determination in
a juvenile delinquency proceeding that the individual has committed
the offense, and proceed as otherwise provided by law. If an individual
fulfills the terms and conditions of probation, the court shall discharge
the individual and dismiss the proceedings. A discharge and dismissal
under this section is without adjudication of guilt or without a determination
in a juvenile delinquency proceeding that the individual has committed
the offense and is not a conviction or juvenile adjudication for purposes
of disqualifications or disabilities imposed by law on conviction
of a crime. An individual may obtain only one discharge and dismissal
under this subsection.
(e)
A court may order an individual found responsible for or convicted of violating Subsection (a) to undergo screening and assessment by a person or agency as designated by the department-designated community mental health entity as defined in the Mental Health Code, MCLA § 330.1100a, to determine whether the individual is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. A court may order an individual subject to a misdemeanor conviction or juvenile adjudication of, or placed on probation regarding, a violation of Subsection (a) to submit to a random or regular preliminary chemical breath analysis. The parent, guardian, or custodian of a minor who is less than 18 years of age and not emancipated under MCLA § 722.1 et seq. may request a random or regular preliminary chemical breath analysis as part of the probation.
(g)
A police 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.
If a minor does not consent to a preliminary chemical breath analysis,
the analysis shall not be administered without a court order, but
a police officer may seek to obtain a court order. The results of
a preliminary chemical breath analysis or other acceptable blood alcohol
test are admissible in a civil infraction proceeding or criminal prosecution
to determine if the minor has consumed or possessed alcoholic liquor
or had any bodily alcohol content.
(h)
The Police Department, on determining that an individual who is less than 18 years of age and not emancipated under 1968 PA 293, MCLA §§ 722.1 to 722.6, allegedly consumed, possessed, or purchased alcoholic liquor, attempted to consume, possess or purchase alcoholic liquor, or had any bodily alcohol content in violation of Subsection (a) 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 Police Department. The Police Department shall notify the parent, guardian or custodian not later than 48 hours after the Police Department determines that the individual who allegedly violated Subsection (a) is less than 18 years of age and not emancipated under MCLA § 722.1 et seq. The Police Department 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 Subsection (a), his or her parents or legal guardian shall be notified immediately as provided in this subsection.
(i)
This section 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 the Liquor Control
Code,[1] 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.
[1]
Editor's Note: See MCLA § 436.1101 et seq.
(j)
The following individuals are not considered to be in violation of Subsection (a):
(1)
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 Sections
520b to 520g of the Michigan Penal Code, MCLA §§ 750.520b
to 750.520g, committed against a minor.
(2)
A minor who accompanies an individual who meets both of the following
criteria:
a.
Has consumed alcoholic liquor.
b.
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 Sections 520b to 520g of the Michigan Penal Code, MCLA §§ 750.520b
to 750.520g, committed against a minor.
(3)
A minor who initiates contact with a police officer or emergency
medical services personnel for the purpose of obtaining medical assistance
for a legitimate health care concern.
(k)
If a minor who is less than 18 years of age and who is not emancipated under MCLA § 722.1 et seq. voluntarily presents himself or herself to a health facility or agency for treatment or for observation as provided under Subsection (j), 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 health facility or agency.
(l)
This section does not limit the civil or criminal liability of a
vendor or the vendor's clerk, servant, agent, or employee for
a violation of this section.
(m)
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 act if the purpose of the
consumption is solely educational and is a requirement of the course.
(n)
The consumption by a minor of sacramental wine in connection with
religious services at a church, synagogue, or temple is not prohibited
by this section.
(o)
Subsection (a) does not apply to a minor who participates in either or both of the following:
(1)
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
or Township attorney's office, as part of an employer-sponsored
internal enforcement action.
(2)
An undercover operation in which the minor purchases or receives
alcoholic liquor under the direction of the State Police, the Liquor
Control Commission, or the Police Department 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 Police Department and
was not part of the undercover operation.
(p)
The State Police, the Liquor Control Commission, or Police Department shall not recruit or attempt to recruit a minor for participation in an undercover operation at the scene of a violation of Subsection (a), Section 701(1) of the Liquor Control Code,[2] or Section 801(2) of the Liquor Control Code.[3]
(q)
In a prosecution for the violation of Subsection (a) 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.
(r)
As used in this section:
(1)
"Any bodily alcohol content" means either of the following:
a.
An alcohol content of 0.02 gram or more per 100 milliliters of blood,
per 210 liters of breath, or per 67 milliliters of urine.
b.
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.
(2)
"Emergency medical services personnel" means that term as defined
in the Public Health Code, MCLA § 333.20904.
(3)
"Health facility or agency" means that term as defined in the Public
Health Code, MCLA § 333.20106.
(4)
"Prior judgment" means a conviction, juvenile adjudication, finding
of responsibility, or admission of responsibility for any of the following,
whether under a law of the State of Michigan, a local ordinance substantially
corresponding to a law of the State of Michigan, a law of the United
States substantially corresponding to a law of the State of Michigan,
or a law of another state substantially corresponding to the law of
the State of Michigan:
a.
This section or Section 701 or 707 of the Michigan Liquor Control
Code, MCLA § 436.1701 or 436.1707 (commonly known as selling
or furnishing alcohol to a minor);
b.
Section 624a, 624b, or 625 of the Michigan Vehicle Code, MCLA § 257.624a,
257.624b, or 257.625 (commonly known as open intoxicants, transport
by a minor and operating while intoxicated, respectively);
c.
Section 80176, 81134, or 82127 of the Natural Resources and Environmental
Protection Act, MCLA § 324.80176, 324.81134, or 324.82127
(commonly known as operating a motor boat, ORV, or snowmobile while
under the influence, respectively);
d.
Section 167a or 237 of the Michigan Penal Code, MCLA § 750.167a
or 750.237 (commonly known as hunting while intoxicated and possess/use
firearm while under the influence, respectively).
