[Code 1979, § 9.131]
The meaning of "alcoholic liquor" and "license" when used in
this chapter shall be as defined in Act No. 8 of the Public Acts of
Michigan of 1933 (Extra Session) (MCL 436.1 et seq., MSA 18.971 et
seq.), as amended.
[Code 1979, § 7.249]
It is recognized that the locations and establishments of tavern
licensees lawfully existing in the City at the time of the adoption
of the ordinance from which this chapter is derived may not conform
to all of its present or future standards. It is not the general intention
of this chapter to now require conformance and the City Council may
waive such requirements as would be impossible, impractical or which
would cause undue hardship.
[Code 1979, § 7.250]
This chapter shall not operate to limit any power or authority
vested in the City or the City Council by virtue of any existing constitutional
or statutory provision, and shall be considered to be only supplementary
to the exercise or use of such vested authority and not in derogation
of such authority.
[Code 1979, § 7.251]
Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of this chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable as provided in §
1-14.
[Code 1979, § 7.244]
When the applicant's building or remodeling is completed and
it is determined that the applicant has met all state regulations,
current standards of existing City building and zoning codes, sanitary
and fire regulations, representations made to the City by the applicant
and all terms of the tentative approval resolution the City Council
will adopt a resolution recommending to the state liquor control commission
that a license be issued. A copy of the resolution granting the City's
final approval will be sent to the liquor control commission for final
action.
[Code 1979, § 7.248]
The City is authorized to issue a total of two class C liquor
licenses.
[Code 1979, § 9.132]
No person, either directly or indirectly, by himself, clerk,
agent, servant or employee, shall at any time sell, furnish, give
or deliver any alcoholic liquor to any person unless such person shall
have attained the age of 21 years; nor shall any person, either directly
or indirectly by himself, clerk, agent, servant or employee, at any
time, sell, furnish, give or deliver any alcoholic liquor to any person
who is so intoxicated as not to be in control of all his faculties.
Nothing contained in this section shall prohibit the sale of alcoholic
liquor to a minor upon authority of and pursuant to a prescription
of a duly licensed physician.
[Code 1979, § 9.133; amended 9-16-1996 by Ord. No. 96-09]
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 or otherwise permitted in this chapter.
A person less than 21 years of age who violates this section is guilty
of a misdemeanor punishable by the following civil fines and sanctions:
(1) For the first violation, a fine of not more than $100, and may be
ordered to perform community service and to undergo substance abuse
screening and assessment at his or her own expense.
(2) For a second violation, a fine of not more than $200, and may be
ordered to participate in substance abuse prevention or substance
abuse treatment and rehabilitation services as defined in § 6107
of the Public Health Code, Act No. 368 of the Public Acts of 1978
(MCL 333.6107), and designated by the administrator of substance abuse
services, to perform community service, and to undergo substance abuse
screening and assessment at his or her own expense. The person is
also subject to sanctions against his or her operator's or chauffeur's
license imposed by state law.
(3) For a third or subsequent violation, a fine of not more than $500,
and may be ordered to participate in substance abuse prevention or
substance abuse treatment and rehabilitation services as defined in
§ 6107 of Act No. 368 of the Public Acts of 1978, and designated
by the administrator of substance abuse services, to perform community
service, and to undergo substance abuse screening and assessment at
his or her own expense. The person is also subject to sanctions against
his or her operator's or chauffeur's license imposed by state law.
(4) 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 analysis as required in this subsection is responsible
for a civil fine.
[Code 1979, § 9.134]
No person under the age of 21 years shall purchase or knowingly
possess, transport or have under his control in any motor vehicle
any alcoholic liquor unless the person is employed by a licensee of
the state liquor control commission and is possessing, transporting
or having the alcoholic liquor in a motor vehicle under his control
during regular working hours and in the course of his employment.
This section shall not apply to alcoholic liquor possessed by a minor
under authority of and pursuant to a prescription of a duly licensed
physician.
[Code 1979, § 9.135; amended 4-3-2017 by Ord. No. 17-01]
Except as otherwise provided in §
6-19, any person who shall consume alcoholic liquor, or offer alcoholic liquor to another person, on any street, sidewalk, alley, public building, public park, public beach, schoolgrounds, church property or in any automobile while parked or being driven on any street in the City shall be deemed guilty of a violation of this Code and punished as provided in §
1-14.
[Code 1979, § 9.136; amended 4-3-2017 by Ord. No. 17-01]
Except as otherwise provided in §
6-19, any person who shall be found in any motor vehicle, or upon any public street, park or other public place, having in his possession an open receptacle or container containing any alcoholic beverage shall be deemed guilty of a violation of this Code and punished as provided in §
1-14.
[Code 1979, § 9.138]
No person under the age of 21 years shall be or remain after
9:00 p.m. in a place where alcoholic liquor is sold by the glass unless
with a parent or guardian.
[Added 4-3-2017 by Ord.
No. 17-01]
The prohibitions of §§
6-16 and
6-17 may be waived pursuant to any rule, regulation or license approved by the Corunna City Council.