[HISTORY: Adopted by the Township Board of
the Township Grosse Ile as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-24-1986 by Ord. No. 156]
As used in this article, the following terms
shall have the meanings indicated:
Includes 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, including,
but not limited to, such varieties as beer, wine, and spirits.
It shall be unlawful for any person to consume
any alcoholic liquor or beverage, beer or wine on any roadway, in
any public park, public place, or in any place open to the public
unless such place or premises is licensed to sell or dispense alcoholic
liquor or beverages, beer or wine for consumption in such place or
premises. A person who violates this section shall be guilty of a
misdemeanor.
[Amended 3-10-2003 by Ord. No. 03-03]
A.
Alcoholic liquor shall not be sold or furnished to
a person unless that person has attained 21 years of age. Any 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 misdemeanor. 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 of the person being at least
21 years of age and the identity of that person, shall be admissible
as a defense to an action under this section. The provisions of this
section shall not apply to legally protected religious observances
or protected educational activities. A "minor" means an individual
less than 21 years of age.
B.
Allowing consumption by minor at social gathering.
(1)
ALCOHOLIC BEVERAGE
ALLOW
CONTROL OVER ANY PREMISES, RESIDENCE OR OTHER REAL PROPERTY
CONTROLLED SUBSTANCE
CORRECTIVE ACTION
(a)
(b)
(c)
MINOR
PREMISES
RESIDENCE
SOCIAL GATHERING
As used in this section, the following terms shall
have the meanings indicated:
An alcoholic liquor as defined in Section 2 of the Michigan
Liquor Control Act, Act No. 8 of the Public Acts of the Extra Session
of 1933, being Section 436.2 of the Michigan Compiled Laws.
To give permission for, or approval of, possession or consumption
of an alcoholic beverage or a controlled substance, by any of the
following means:
The authority to regulate, direct, restrain, superintend,
control, or govern the conduct of other individuals on or within that
premises, residence, or other real property, and includes, but is
not limited to, a possessory right.
That term as defined in Section 7104 of the Public Health
Code, Act No. 368 of the Public Acts of 1978, being Section 333.7104
of the Michigan Compiled Laws.
Any of the following:
Making a prompt demand that the minor or other individual depart from the premises, residence, or other real property, or refrain from the unlawful possession or consumption of the alcoholic beverage or controlled substance on or within that premises, residence, or other real property, and taking additional action described in Subsection (b) or (c) if the minor or other individual does not comply with the request.
Making a prompt report of the unlawful possession
or consumption of alcoholic liquor or a controlled substance to a
law enforcement agency having jurisdiction over the violation.
Making a prompt report of the unlawful possession
or consumption of alcoholic liquor or a controlled substance to another
person having a greater degree of authority or control over the conduct
or persons on or within the premises, residence, or other real property.
An individual less than 21 years of age.
A permanent or temporary place of assembly, other than a
residence, including, but not limited to, any of the following:
A permanent or temporary place of dwelling (which includes
any of the real property that the residence is located on), including,
but not limited to, any of the following:
An assembly of two or more individuals for any purpose, unless
all of the individuals attending the assembly are family members of
the same household or immediate family.
(2)
Except as otherwise provided in Subsection B(3), an owner, tenant, or other person having control over any premises, residence, or other real property shall not do either of the following:
(a)
Knowingly allow a minor to consume or possess an alcoholic
beverage at a social gathering on or within that premises, residence,
or other real property.
(b)
Knowingly allow any individual to consume or possess
a controlled substance at a social gathering on or within that premises,
residence, or other real property.
(3)
This section does not apply to the use, consumption,
or possession of a controlled substance by an individual pursuant
to a lawful prescription, or to the use, consumption, or possession
of an alcoholic beverage by a minor for religious purposes.
(5)
For a second or subsequent violation of Subsection B(2), the person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or by a fine of not more than $500, or both.
(6)
Evidence of all of the following gives rise to a rebuttable
presumption that the defendant allowed the consumption or possession
of an alcoholic beverage or a controlled substance on or within a
premises, residence, or other real property, in violation of this
section:
(a)
The defendant had control over the premises, residence,
or other real property.
(b)
The defendant knew that a minor was consuming or in
possession of an alcoholic beverage or knew that an individual was
consuming or in possession of a controlled substance at a social gathering
on or within that premises, residence, or other real property.
(c)
The defendant failed to take corrective action.
(7)
This section does not authorize selling or furnishing
an alcoholic beverage to a minor.
(8)
A criminal penalty provided for under this section
may be imposed in addition to any penalty that may be imposed for
any other criminal offense arising from the same conduct.
C.
Duty to supervise premises and the prevention of consumption
by minor at social gathering. During any social gathering, an owner,
tenant or other person having control over any premises, residence,
or other real property has an affirmative duty to supervise the premises
and is responsible to prevent the possession and/or consumption of
alcohol by a minor on or within that premises, residence or other
real property. Any person who violates this section is responsible
for a municipal civil infraction.
A person less than 21 years of age shall not
knowingly transport or possess alcoholic liquor in a motor vehicle
unless the person is an employee or agent of the Michigan Liquor Control
Commission and is possessing, transporting or having such alcoholic
liquor in a motor vehicle under the person's control during regular
working hours and in the course of the person's employment. A person
who violates this section is guilty of a misdemeanor.
[Amended 8-26-1996 by Ord. No. 228; 10-22-2007 by Ord. No. 07-03; 7-21-2018 by Ord. No. 18-001]
A.
A
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. For purposes of this section, a person
under the age of 21 is deemed a "minor." A minor who violates this
subsection is responsible for a civil infraction or guilty of a misdemeanor
punishable by the fines and sanctions set forth in this section.
(1)
For the first violation of this Subsection A, MCLA § 436.1703(1), or other local ordinance substantially corresponding to that statute, the minor is responsible for a civil infraction, shall be fined not more than $100, and shall be subject to the court orders described in Subsection A(4). A minor may be found responsible or admit responsibility only once under this Subsection A(1), MCLA § 436.1703(1)(a), or other local ordinance substantially corresponding to that statute.
(2)
If a violation of this Subsection A, MCLA § 436.1703(1), or other local ordinance substantially corresponding to that statute, occurs after one prior judgment for an alcohol or controlled substance violation identified in Subsection A(6), the minor is guilty of a misdemeanor, which 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, and the court orders described in Subsection A(4). A minor who pleads guilty, or admits in a juvenile delinquency proceeding to a violation of this Subsection A(2), may request deferral of proceedings and placement on probation under Subsection C.
(3)
If a violation of this Subsection A, MCLA § 436.1703(1), or other local ordinance substantially corresponding to that statute occurs after two or more prior judgments for an alcohol or controlled substance violation identified in Subsection A(5), the minor is guilty of a misdemeanor, which is punishable by imprisonment for not more than 60 days if the court finds that the minor has 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, and the court orders described in Subsection A(4).
(4)
The court may order a minor that is responsible for or guilty of a violation under this Subsection A to:
(a)
Participate in substance use disorder services as defined in
MCLA § 333.6230 and designated by the administrator of the
office of substance abuse services;
(b)
Perform community service; and
(c)
Undergo screening and assessment to determine whether the person
is likely to benefit from rehabilitative services, including alcohol
or drug education and alcohol or drug treatment programs as provided
in MCLA § 436.1703(5), all of which shall be at the minor's
own expense.
(5)
A minor that is subject to a misdemeanor conviction or juvenile adjudication of, or placed on probation regarding, a violation of Subsection A(2) or (3) may be ordered by court to submit to random or regular preliminary chemical breath analysis, which may be requested by the minor's parent, guardian, or custodian as provided in MCLA § 436.1703(5).
(6)
For purposes of Subsection A(2) and (3), "prior judgment" means a conviction, juvenile adjudication, or finding or admission of responsibility for a violation of the statutes listed in this subsection, or any federal or state law or local ordinance that substantially corresponds to any of those listed statutes:
(b)
A misdemeanor violation that is dismissed under Subsection C, MCLA § 436.1703(3), or other local ordinance substantially corresponding to that statute.
(c)
MCLA § 436.1701 (Sale/furnish alcohol to minors).
(d)
MCLA § 436.1707 (Sale/service/furnish alcohol to intoxicated
persons).
(e)
MCLA § 257.624a (Transport/possess open alcohol in
motor vehicle).
(f)
MCLA § 257.624b (Transport/possess open alcohol in
motor vehicle by minor).
(g)
MCLA § 257.625 (Operating motor vehicle while intoxicated/impaired).
(h)
MCLA § 324.80176 (Operating boat while under influence).
(i)
MCLA § 324.81134 (Operating off-road vehicle while
under influence).
(j)
MCLA § 324.82127 (Operating snowmobile while under
influence).
(k)
MCLA § 750.167a (Hunting with firearm/weapon while
intoxicated).
(l)
MCLA § 750.237 (Carry/possess/use/discharge firearm
while under influence).
B.
A person 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 a minor pleads guilty, or admits in a juvenile delinquency proceeding to a violation of Subsection A(2), the court may defer further proceedings and place the minor on probation under MCLA § 436.1703(3), which provides for dismissal of the proceedings upon the terms and conditions of probation being fulfilled. An individual may only obtain one dismissal under MCLA § 436.1703(3).
D.
A peace officer who has reasonable cause to believe a minor has consumed alcoholic liquor or has any bodily alcohol content may request the person 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 peace officer may seek to obtain a court order. A peace officer may initiate civil infraction or misdemeanor charges for a violation of Subsection A based in whole or in part upon the results of a preliminary chemical breath test analysis. The results of a preliminary chemical breath test analysis or other acceptable blood alcohol test are admissible in a civil infraction or criminal prosecution to determine whether the minor has consumed or possessed alcoholic liquor or had any bodily alcohol content.
E.
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 under the Michigan Liquor Control
Code of 1998, Public Act 58 of 1998, as amended, by the Liquor Control
Commission, or by an agent of that Commission, if the alcoholic liquor
is not possessed for his or for personal consumption.
F.
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 section if the purpose of
the consumption is solely educational and is a requirement of the
course.
G.
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.
H.
Subsection A does not apply to a minor who participates in 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 prosecutor's office as part of an employer-sponsored internal enforcement action or under the direction of the state police, Liquor Control Commission, or Police Chief as part of an enforcement action.
I.
In a civil infraction proceeding or criminal 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.
J.
As used in this section, "any bodily alcohol content" means either
of the following:
(1)
An alcohol content of 0.02 grams or more per 100 milliliters of blood,
per 210 liters of breath, or per 67 milliliters of urine.
(2)
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.
K.
Should any section, subdivision, sentence, clause or phrase of this
section be declared by the courts to be invalid, the same shall not
affect the validity of this section as a whole or any part thereof
other than the part as invalidated.
A person, who is not a minor, shall not transport
or possess any alcoholic liquor or beverage, beer or wine in a container
which is open, uncapped or upon which the seal is broken within the
passenger compartment of a vehicle on any roadway within the Township.
If the vehicle does not have a trunk or compartment separate from
the passenger compartment, a container which is open, uncapped or
upon which the seal is broken shall be encased or enclosed. The provisions
of this section shall not apply to any employee or agent of the Michigan
Liquor Control Commission. A person who violates this subsection shall
be guilty of a misdemeanor.
[Added 7-22-2002]
[Adopted 1-23-2006 by Ord. No. 06-02]
Section 436.1703 (2004 Public Act 63) of the
Michigan Compiled Laws, as amended, concerning the purchase, consumption,
or possession of alcoholic liquor by a minor is adopted by reference.
The purpose of this article is to prohibit the
purchase, consumption, or possession of alcoholic liquor by a minor.
A person may inspect or obtain a copy of MCL
§ 436.1703 (2004 Public Act 63), the state law that is incorporated
by reference by this article, at the Township Clerk's Office located
at 9601 Groh Road, Grosse Ile, Michigan 48138 during regular business
hours.
The officer who issues a citation under this
article shall mark the local ordinance box on the citation and may
make reference to the offense being charged by writing the description
of the offense and/or by citing MCL § 436.1703 (2004 Public
Act 63), or by any other manner which would reasonably inform the
defendant of the charge.
