[HISTORY: Adopted by Board of Trustees of
the Charter Township of Northville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-11-1991 as Ch. 56 of the Code of Ordinances]
This article shall be know and may be cited
as the "Charter Township of Northville Host Liquor Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
A person 17 years of age or older.
Any beverage containing more than 1/2 of 1% of alcohol by
volume. The percentage of alcohol by volume shall be determined in
accordance with the provisions of MCL 436.1201 et seq., as amended.
Any form of regulation or dominion including a possessory
right.
A controlled substance as defined now or hereafter by Article 7 of Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.7101 et seq., MSA 14.15 {7101} et seq.).
A person not legally permitted by reason of age to possess
alcoholic liquor pursuant to MCL 436.1703, as amended.
A social gathering of persons at a resident or premises,
other than the owner or those with rights of possession or their immediate
family members.
A motel room, hotel room, home, apartment, condominium or
other dwelling unit, including the curtilage of the dwelling unit
or a hall, meeting room or other place of assembly occupied as a dwelling
or specifically for social functions and whether owned, leased, rented
or used with or without compensation.
[Amended 9-18-2003; 11-16-2006]
A.
No adult having control of any residence or premises
shall allow an open house party to take place at the residence or
premises by any minor where the adult knew or reasonably should have
known that any alcoholic liquor or controlled substance was in the
possession of or being consumed by a minor at the residence or premises
and where the adult failed to take reasonable steps to prevent the
possession and consumption of the alcoholic or controlled substance
at the residence or premises.
B.
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
or have any bodily alcohol content, except as otherwise provided in
this section or by other law. A person less than 21 years of age who
violates this subsection is guilty of a misdemeanor punishable by
the following fines and sanctions:
(1)
For the first violation, a fine of not more than $100, and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in Section 6107 of the Public Health Code, Act No. 368 of the Public Acts of 1978, being Section 333.6107 of the Michigan Compiled Laws, and designated by the administrator of the substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection C.
(2)
For a second violation, meaning a violation of this subsection following a prior conviction under this section, MCL 436.1703 or a local ordinance substantially corresponding to MCL 436.1703, 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 Section 6107 of the Public Health Code, Act No. 368 of the Public Acts of 1978, being Section 333.6107 of the Michigan Compiled Laws, and designated by the administrator of the substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection C. A person is also subject to sanctions against his or her operator's or chauffeur's license pursuant to Subsection D.
(3)
For a third or subsequent violation, meaning a violation of this subsection following two or more prior convictions under this section, MCL 436.1703 or a local ordinance substantially corresponding to MCL 436.1703, 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 Section 6107 of the Public Health Code, Act No. 368 of the Public Acts of 1978, being Section 333.6107 of the Michigan Compiled Laws, and designated by the administrator of the substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection C. A person is also subject to sanctions against his or her operator's or chauffeur's license pursuant to Subsection D.
C.
The Court may order the person found violating Subsection B 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 No. 368 of the Public Acts of 1978, being Section 333.6103 of the Michigan Compiled Laws, 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.
D.
Immediately upon entry of a conviction or a probate court disposition for a violation of Subsection B, the Court shall consider all prior convictions or probate court dispositions of Subsection B, or law(s) of another state substantially corresponding to Subsection B, and shall impose the following sanctions:
(1)
If the Court finds that the person has one such prior conviction or probate court disposition, the Court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for a period of not less than 90 days or more than 180 days. The Court may order the Secretary of State to issue to the person a restricted license after the first 30 days of the period of suspension in a manner described in Subsection E and provided for in Section 319 of Act No. 300 of the Public Acts of 1949, being Section 257.319 of the Michigan Compiled Laws. In the case of a person who does not possess an operator's or chauffeur's license, the Secretary of State shall deny the application for an operator's or chauffeur's license for the applicable suspension period.
(2)
If the Court finds that the person has two or more such prior convictions or probate court dispositions, the Court shall order the Secretary of State to suspend the operator's or chauffeur's license of the person for a period of not less than 180 days or more than one year. The Court may order the Secretary of State to issue to the person a restricted license after the first 60 days of the period of suspension in a manner described in Subsection E and provided for in Section 319 of Act No. 300 of the Public Acts of 1949, being Section 257.319 of the Michigan Compiled Laws. In the case of a person who does not possess an operator's or chauffeur's license, the Secretary of State shall deny the application for an operator's or chauffeur's license for the applicable suspension period.
E.
In those cases in which a restricted license is allowed under this section, the Court shall not order the Secretary of State to issue a restricted license unless the person states under oath, and the Court finds based upon record in open court, that the person is unable to take public transportation to and from his or her work location or place of alcohol or drug education institution and does not have any family members or others able to provide transportation. The Court order under Subsection D and the restricted license shall indicate the work location of the person to whom it is issued, the approved route and routes and permitted times of travel and shall permit the person to whom it is issued to do only one or more of the following:
(1)
Drive to and from the person's residence or work location;
(2)
Drive in the course of the person's employment or
occupation;
(3)
Drive to and from the person's residence and an alcohol
or drug education or treatment program as ordered by the Court;
(4)
Drive to and from the person's residence and the Court
probation department or a Court-ordered community service program,
or both;
(5)
Drive to and from the person's residence and an educational
institution at which the person is enrolled as a student.
F.
If license sanctions are imposed, immediately upon the entry of a Court-ordered sanction pursuant to Subsection D, the Court shall order the person convicted for the violation to surrender to the Court his or her operator's or chauffeur's license. The Court shall immediately forward a notice of Court-ordered license sanctions to the Secretary of State. If the license is not forwarded to the Secretary of State, an explanation of the reason why the license is absent shall be attached. If the finding is appealed to the Circuit Court, the Court may, ex parte, order the Secretary of State to stay the suspension issued pursuant to this section pending the outcome of the appeal. Immediately following the imposition of the sanction, the Court shall forward a notice to the Secretary of State indicating the sanction imposed.
G.
A peace officer who has reasonable cause to believe
a person less than 21 years of age has consumed alcoholic liquor may
request consent from the person to submit to a preliminary chemical
breath analysis. In the event the person refuses consent to a preliminary
chemical breath analysis, the peace officer may detain the person
at the scene and request a search warrant compelling the person to
submit a breath sample, blood sample or urine sample. The results
of a preliminary chemical breath analysis or other acceptable blood
alcohol or urine alcohol test are admissible in a criminal prosecution
to determine whether the person less than 21 years of age has consumed
or possessed alcoholic liquor.
[Amended 12-17-2009]
H.
The Charter Township of Northville Police Department, upon determining that a person less than 18 years of age who is not emancipated pursuant to Act No. 293 of the Public Acts of 1968, being Sections 722.1 to 722.6 of the Michigan Compiled Laws, allegedly consumed, possessed, purchased, or attempted to consume, possess, or purchase alcoholic liquor in violation of Subsection B shall notify the parent or parents, custodian or guardian of the person as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the Charter Township of Northville Police Department. The notice required by this subsection shall be made not later than 48 hours after the Charter Township of Northville Police Department determines that the person who allegedly violated Subsection B is less than 18 years of age and not emancipated pursuant to Act No. 293 of the Public Acts of 1968. The notice may 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 less than 17 years of age is incarcerated for violating Subsection B, his or her parents or legal guardian shall be notified immediately as provided in this subsection.
I.
This section does not prohibit a person less than
21 years of age from possession of 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 Act (MCL 436.1 et seq.)[1] and by 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.
[1]
Editor's Note: See now MCL 436.1101 et seq.
J.
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 act.
K.
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 act if the purpose of the consumption is solely education
and is a necessary ingredient of the course.
L.
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 act.
M.
Subsection B does not apply to a person less than 21 years of age who participates in either or both of the following:
(1)
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.
(2)
An undercover operation in which the person less than
21 years of age purchases or receives alcoholic liquor under the direction
of the Charter Township of Northville Police Department, the State
Police, or the Liquor Control Commission 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 Charter Township of Northville Police Department,
the State Police, or the Liquor Control Commission and is part of
the undercover operation. The Charter Township of Northville Police
Department shall not recruit or attempt to recruit a person less than
21 years of age for participation in an undercover operation at the
scene of a violation of this section or corresponding section of state
law.
N.
BODILY ALCOHOL CONTENT
PROBATE COURT DISPOSITION
WORK LOCATION
Definitions. As used in this section:
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.
[Added 12-17-2009]
An order of disposition of the probate court of the Family
Division of the Circuit Court for a child found to be within the provisions
of Chapter XIIA of Act No. 288 of the Public Acts of 1939, being Sections
712A.1 to 712A.32 of the Michigan Compiled Laws.
As applicable, either the specified place or places of employment
or the territory or territories regularly visited by the person in
pursuance of the person's occupation, or both.
The provisions of this article shall not apply
to legally protected religious observances or legally protected educational
activities.
Nothing in this article shall be deemed to be
in usurpation of the statutory authority of the Michigan Liquor Control
Commission, whose regulations are specifically adopted by reference
herein.
Any person, corporation, partnership, or any
other legal entity who shall violate any of the provisions of this
article shall be guilty of a misdemeanor and, upon conviction thereof,
may be fined not more than $500 or imprisoned not more than 90 days,
or both, in the discretion of the court.
