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Township of East China, MI
St. Clair County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
[Adopted 3-23-1988 by Ord. No. 165 (Ch. 7-10 of the 1980 Code)]
It is for these purposes that this article is to regulate use of alcoholic beverages and drugs at open house parties within the Charter Township of East China and to provide penalties for violation.
For the purposes of this article, the following terms shall be defined:
ADULT
A person 17 years of age or older.
ALCOHOLIC BEVERAGE
Any beverage containing more than 1/2 of 1% of alcohol by weight. The percentage of alcohol by weight shall be determined in accordance with the provisions of MCLA § 436.1103, as the same may be amended from time to time.[1]
CONTROL
Any form of regulation or dominion including a possessory right.
DRUG
A controlled substance as defined now or hereafter by PA 1978, Act No. 368 (MCLA § 333.1101).[2]
MINOR
A person not legally permitted by reason of age to possess alcoholic beverages pursuant to MCLA § 436.1703, as the same may be amended from time to time.[3]
OPEN HOUSE PARTY
A social gathering of persons at a residence other than the owner or those with rights of possession or their immediate family members.
RESIDENCE
A home, apartment, condominium or other dwelling unit and includes the curtilage of such dwelling unit.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Minors possession/consume alcohol/drugs. No adult having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor:
(1) 
Person responsible knew. Where the adult knew that an alcoholic beverage or drug was in the possession of or being consumed by a minor at said residence; and
(2) 
Person responsible failed to prevent. Where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug at said residence.
The provisions of this article shall not apply to legally protected religious observances or legally protected educational activities.
The penalties for violation of this article shall be as follows:
A. 
First violation. For the first violation, a fine not exceeding $500 or imprisonment in the county jail for a term not to exceed 30 days, or by both such fine and imprisonment.
B. 
Subsequent violations. For subsequent violations, a fine not exceeding $500 or imprisonment in the county jail for a term not to exceed 90 days, or by both such fine and imprisonment.