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.
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).
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.
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.
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.