[HISTORY: Adopted by the Village Council of the Village of Spring Lake as Ch. 6 of the 2000 Code of Ordinances. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- The product by distillation or fermented liquid, whether rectified or diluted with water or not, whatever may be its origin. It does not mean ethyl and/or industrial alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes.
- ALCOHOLIC LIQUOR
- Any spirituous, vinous, malt or fermented liquor, liquids and 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 for use for beverage purposes.
- A person licensed by the State Liquor Control Commission to sell alcoholic liquor.
- The product made by the normal alcoholic fermentation of the juice of grapes or any other fruit with the usual cellar treatment, and containing not more than 21% of alcohol by volume. The term "wine" shall include fruit (fermented) juices other than grapes.
No person shall do or engage in any act relating to traffic in alcoholic liquors for which a license is required under the laws of the state, without first obtaining a license pursuant to and under the laws of the state. No person shall, directly or indirectly, or by a clerk, agent or employee, manufacture for sale, sell, offer or keep for sale, barter, furnish or import for sale, transport for hire or transport, or possess any beer, wine, spirits and/or alcoholic liquor unless such person shall have fully complied with the laws of the state and/or the rules and regulations of the State Liquor Control Commission.
No licensee under the laws of the state shall sell or furnish any alcoholic liquor on any day or at any hour or time not permitted under the laws of the state or the rules and regulations of the State Liquor Control Commission.
No vendor shall make any regulation requiring the purchase or serving of food with the purchase of any alcoholic liquor, nor shall any food of any kind be given away in connection with the sale of alcoholic liquor.
No vendor shall knowingly permit any alcoholic liquor sold by the vendor for on-premises consumption to be removed from the premises where sold.
No vendor shall sell or furnish any alcoholic liquor of any kind or description at any time in connection with their business to a visibly intoxicated person.
Alcoholic liquor shall not be sold or furnished to a person unless the person has attained 21 years of age. A person who knowingly sells or furnishes alcoholic liquor to a person who is less than 21 years of age, or who fails to make diligent inquiry as to whether the person is less than 21 years of age is guilty of a violation of this section. A suitable sign which describes this section and the penalties for violating this section shall be posted in a conspicuous place in each room where alcoholic liquors are sold. The signs shall be approved and furnished by the State Liquor Control Commission.
In an action for the violation of this section, proof that the defendant or the defendant's agent or employee demanded and was shown, before furnishing alcoholic liquor to a person under 21 years of age, a motor vehicle operator's license or a registration certificate issued by the Federal Selective Service, or other bona fide documentary evidence of the age and identity of that person, shall be a defense to an action under this section.
A person less than 21 years of age shall not knowingly transport or possess, in a motor vehicle, boat or other conveyance, any alcoholic liquor unless the person is employed by a licensee under state law, the Liquor Control Commission, or an agent of the Liquor Control Commission and is transporting or having the alcoholic liquor under the person's control during regular working hours and in the course of the person's employment.
If a person is convicted under Subsection A of this section for transporting or possessing any alcoholic liquor in a motor vehicle, within 30 days after the conviction of a person for the violation of Subsection A, which conviction has become final, complaint may be made by the arresting officer or the officer's superior before the District Court from which the warrant was issued, which complaint shall be under oath and shall contain a description of the motor vehicle in which alcoholic liquor was possessed or transported by the person less than 21 years of age in committing the offense and requesting that the motor vehicle be impounded as provided in this section. Upon the filing of the complaint, the Court shall issue an order to the owner of the motor vehicle to show cause why the motor vehicle shall not be impounded. The order to show cause shall have a date and time fixed in the order for a hearing, which date shall not be less than 10 days after the issuance of the order, and shall be served by delivering a true copy to the owner not less than three full days before the date of hearing or, if the owner cannot be located, by sending a true copy by certified mail to the last known address of the owner. If the owner is a nonresident of the state, service may be made upon the Secretary of State as provided in Section 403 of Public Act No. 300 of 1949 (MCLA § 257.403, MSA § 9.2103).
If the Court determines upon the hearing of the order to show cause, from competent and relevant evidence, that at the time of the commission of the offense the motor vehicle was being driven by the person less than 21 years of age with the express or implied consent or knowledge of the owner, and that the use of the motor vehicle is not needed by the owner in the direct pursuit of the owner's employment or the actual operation of the owner's business, the Court shall authorize the impounding of the vehicle for a period to be determined by the Court, of not less than 15 days nor more than 30 days. The Court's order authorizing the impounding of the vehicle shall authorize a law enforcement officer to take possession without other process of the motor vehicle wherever located and to store the vehicle in a public or private garage at the expense and risk of the owner of the vehicle. Appeal shall lie from the order to the Circuit Court of the County, and the provisions governing the taking of appeals from judgments for damages shall be applicable to the appeal. This section shall not prevent a bona fide lienholder from exercising rights under a lien.
A person who knowingly transfers title to a motor vehicle for the purpose of avoiding this chapter is guilty of a misdemeanor under this chapter.
No person less than 21 years of age shall purchase alcoholic liquor, consume alcoholic liquor in a licensed premises, or possess alcoholic liquor on or in any other public or private premises, except as provided in § 90-8 and Subsection C of this section. A person less than 21 years of age who violates this subsection is liable to the following civil fines:
For the first violation, a fine of not more than $100;
For a second violation, a fine of not more than $200, or participation in substance abuse prevention services as defined in Section 6107 of Public Act No. 368 of 1978 [MCLA § 333.6107, MSA § 14.15(6107)], and designated by the administrator of substance abuse services, or both;
For a third or subsequent violation, a fine of not more than $500, or participation in substance abuse prevention services as defined in Section 6107 of Public Act No. 368 of 1978 [MCLA § 333.6107, MSA § 14.15(6107)], and designated by the administrator of substance abuse services, or both.
This section shall not be construed to prohibit a person less than 21 years of age from possessing alcoholic liquor during regular working hours and in the course of his employment if employed by a person licensed by this chapter by the Liquor Control Commission, or by an agent of the Liquor Control Commission, if the alcoholic liquor is not possessed for personal consumption.
This section shall not be construed to limit the criminal liability of any person, regardless of age, who shall possess an open receptacle or container of alcoholic liquor in a public place or motor vehicle contrary to § 90-12; and the civil fine provisions set forth in this section shall have no application in such cases.
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.
No person shall furnish fraudulent identification to a person less than 21 years of age, and no person less than 21 years of age shall use a fraudulent identification to purchase alcoholic liquor.
An officer of the Village Police Department who witnesses a person violating § 90-9 for which a civil fine is prescribed may stop and detain the person for purposes of obtaining satisfactory identification, seizing illegally possessed alcoholic beverages, and issuing an appearance ticket.
As used in this section, the term "appearance ticket" means a complaint or written notice issued and subscribed by a law enforcement officer directing a designated person to appear in the District Court at a designated time in connection with the alleged violation for which a civil fine is prescribed. The appearance ticket shall consist of the following parts:
The original, which shall be a complaint or notice to appear by the officer and filed with the Court;
The first copy, which shall be the abstract of Court record;
The second copy, which shall be delivered to the alleged violator; and
The third copy, which shall be retained by the Police Department.
A Judge may accept a defendant's admission of the allegations set forth on the appearance ticket and shall direct the civil sanctions imposed by § 90-9A. If the defendant denies the allegations on the appearance ticket, the Judge shall set a date for trial. If a person fails to appear on the date specified on the appearance ticket, the Judge shall enter a default judgment against the defendant.
No alcoholic liquor shall be consumed on any highway, street, alley, public school grounds, publicly owned parking lot, or any public or private property which is open to the general public and which is not licensed to sell alcoholic liquor for consumption on the premises.
A person shall not transport or possess any alcoholic liquor in a receptacle or container which is open, uncapped or upon which the seal is broken, within the passenger compartment of a vehicle located within the Village. If the vehicle does not have a trunk or compartment separate from the passenger compartment, a receptacle or container which is open, uncapped or upon which the seal is broken shall be encased or enclosed. This section shall not apply to any chartered passenger vehicle licensed by the State Department of Transportation.
[Amended 5-16-1995 by Ord. No. 231]
Notwithstanding anything to the contrary provided in this chapter, beer and wine as defined in the State of Michigan Liquor Control Code, Public Act No. 58 of 1998 [MCLA § 436.1101 et seq., MSA § 18.1175(101) et seq.], may be sold and consumed in accordance with that Act and the rules and regulations of the State Liquor Control Commission within the confines of land owned, leased or controlled by the Village only on those specific dates and times as determined by the Village Council. This section is intended to provide standards, priorities and procedures which will permit the Village Council to exercise its authority for the maximum benefit of the Village and its persons and property.
A not-for-profit corporation or a foundation only may make application to the Village Council pursuant to the laws of the state and this section, for a temporary use beer and wine sale and consumption special use permit for use only on the dates and times as provided for by the Village Council within the confines of land leased or controlled by the Village. Such not-for-profit corporation or foundation shall also disclose to the Village Clerk/Treasurer in an application to be submitted to the Village Clerk/Treasurer, as follows:
That it has had issued to it, and is still in effect, a determination that the applicant is exempt from income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of the United States;
A list of the name and business address of the applicant and the names and addresses of all of its directors and officers;
The proposed hours of operation contemplated for such use and indicate that such operation shall cease the sale and prohibit the consumption of beer and wine on the premises after a time as established by the Village Council, and that such sale and consumption of beer and wine shall not commence prior to such time as established by the Village Council in the evening of each day during which such permit is authorized;
The names, addresses and local telephone numbers of three responsible persons who are officers, directors or a member of the applicant who will be of adult age and will remain responsible for the activities on the premises for which the special use permit is issued at all times during the operation of such beer and wine sale and consumption;
The security measures to be provided at the premises; and
The restroom facilities and maximum number of persons to be allowed at any time within the area within which beer and wine is proposed to be sold and consumed.
The Village Council, in open meeting, shall determine by a majority vote of members present whether such special use permit shall be granted, subject to the terms of this section. In the event of approval of a special use permit for a not-for-profit corporation or foundation with the qualifications stated in this section, only one such permit shall be approved; and it shall only be utilized if and when approval is also obtained from the State Liquor Control Commission for the lawful conduct of beer and wine sales and consumption on the premises stated for which the permit is issued at the times and on the dates provided in this section. If there is a revocation for any reason of a permit or license which has been issued by the Liquor Control Commission to a vendor for sale of beer and wine on the premises for which the Village has issued a permit, the permit authorized by this section shall likewise be forthwith revoked.
The holder of such permit shall cause at least one tent or similar temporary weather shelter to be located upon the premises area within which shall be located at least one of the dispensers of the beer and wine, and also chairs and tables for patrons. There shall be a positive method of patrolling access into such area, such as a fence or similar type temporary structure; and there shall be available within such confined area sufficient restroom facilities for the patrons of the establishment.
Upon the expiration of any permit issued pursuant to this section, all tables, chairs, fences, beer tents and other areas furnished by the not-for-profit corporation or foundation shall be dismantled and removed from the premises; and the grounds shall be returned to a condition existing prior to the occupancy by the permit holder and all paper and debris removed.
Any permit holder shall not exercise any rights granted under this section without first delivering to the Village Clerk/Treasurer a validly issued and effective liability insurance certificate naming the Village, its elected officials, employees and duly appointed agents, as insureds in the minimum amount as required by the Village for comprehensive all-risk liability coverage for negligence or other liability claims against the permit holder and such named persons or entities. The permit holder shall also hold such named persons or entities harmless from claims, injury or damage to persons or property arising out of any incidents of the permit holder occurring by reason of its activities pursuant to such permit.
No permit issued pursuant to this section shall be transferred to another person or premises other than the one for which it was issued.
A permit issued pursuant to this section shall be prominently displayed in the area where beer or wine is to be sold.