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Code of Ordinance › Chapter 6 — ALCOHOLIC LIQUORS

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Diligent inquiry means a diligent good faith effort to determine the age of a person, which includes at least an examination of an official Michigan operator's or chauffeur's license, an official Michigan personal identification card, or any other bona fide picture identification which establishes the identity and age of the person. Cross reference— Definitions generally, § 1-2. State Law reference— Similar definition, MCL 436.1701, MSA 18.1175(701).

A violation of any provision of this division shall be punished in accordance with section 1-11. (Comp. Ords. 1987, § 20.006)

No alcoholic liquor shall be sold or furnished in the village to any person unless that person shall have attained the age of 21 years. A person shall not be charged with violation of this section unless the person or person's agent or employee knew or should have reasonably known with the exercise of due diligence that the person furnished alcoholic liquor to a person less than 21 years of age. (Comp. Ords. 1987, § 20.002) Cross reference— Offenses involving underage persons, § 42-201 et seq. State Law reference— Selling or furnishing alcoholic liquor to person less than 21 years of age, MCL 436.1701, MSA 18.1175.

A person less than 21 years of age shall not knowingly transport or possess in a motor vehicle, in the village, alcoholic liquor unless the person is employed by a licensee under the Michigan liquor control code, Public Act No. 58 of 1998 (MCL 436.1101 et seq., MSA 18.1175(101) et seq.), or an agent of the state liquor control commission, and is transporting or having the alcoholic liquor in a motor vehicle under the person's control during regular working hours and in the course of the person's employment. (Comp. Ords. 1987, § 20.003) Cross reference— Traffic and vehicles, ch. 66. State Law reference— Transport or possession of alcoholic liquor by person less than 21 years of age, MCL 257.6246, MSA 9.2324(2).

No person less than 21 years of age shall use fraudulent identification to purchase alcoholic liquor. (Comp. Ords. 1987, § 20.004)

No person shall furnish fraudulent identification to a person less than 21 years of age to be used to purchase alcoholic liquor. (Comp. Ords. 1987, § 20.005) State Law reference— Similar provisions, MCL 436.1703, MSA 18.1175(703). Secs. 6-37—6-50. - Reserved. [2]

Footnotes:

--- (2) --- State Law reference— Purchase, consumption or possession of alcoholic liquor by person less than 21 years of age, MCL 436.1703, MSA 18.1175(703).

1. (a) 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 posses or attempt to posses alcoholic liquor, except as provided in this section. 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. (1) For the first violation a fine of not more than $100.00, 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, Public Act No. 368 of 1978 (MCL 333.6107, MSA 14.15(6107)), and designated by the administrator of 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) of this section.
   2. (2) For a violation of this subsection following a prior violation of this subsection (a), section 703 of Public Act No. 58 of 1998 (MCL 436.1703, MSA 18.1175(703)) or section 33b(1) of former Public Act No. 8 of 1933 (MCL 436.33b, MSA 18.1004(2)), a fine of not more than $200.00, 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, Public Act No. 368 of 1978 (MCL 333.6107, MSA 14.15(6107)), and designated by the administrator of substance abuse services, to perform community service, and undergo substance abuse screening and assessment at his or her own expense as described in subsection (c) of this section.
   3. (3) For a violation of this subsection (a) following two or more prior violations of this subsection, section 703 of Public Act No. 58 of 1998 (MCL 436.1703, MSA 18.1175(703)) or section 33b(1) of former Public Act No. 8 of 1933 (MCL 436.33b, MSA 18.1004(2)), a fine of not more than $500.00 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, Public Act No. 368 of 1978 (MCL 333.6107, MSA 14.15(6107)), and designated by the administrator of substance abuse services, to perform community service, and undergo substance abuse screening and assessment at his or her own expense as described in subsection (c) of this section.
2. (b) A person who furnishes fraudulent identification to a minor, or notwithstanding subsection (a) of this section, 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 $100.00, or both.
3. (c) The court may order the person convicted of violating subsection (a) of this section to undergo screening and assessment by a person or agency as designated by the substance abuse coordinating agency as defined in section 6103 of the public health code, Public Act No. 368 of 1978 (MCL 333.6103, MSA 14.15(6103)), 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.
4. (d) The secretary of state shall suspend the operator's or chauffer's license of an individual convicted of violating subsection (a) or (b) of this section as provided in section 319 of the state vehicle code, Public Act No. 300 of 1949 (MCL 257.319, MSA 9.2019). (e) 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 peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood 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. A person less than 21 years of age who refuses to submit to a preliminary chemical breath test analysis as required in this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00. (f) A law enforcement agency, upon determining that a person less than 18 years of age who is not emancipated pursuant to Public Act No. 293 of 1968 (MCL 722.1 et seq., MSA 25.244(1) et seq.) allegedly consumed, possessed, purchased, or attempted to consume, possess, or purchase alcoholic liquor in violation of subsection (a) of this section 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 law enforcement agency. The notice required by this subsection shall be made not later than 48 hours after the law enforcement agency determines that the person who allegedly violated subsection (a) of this section is less than 18 years of age and not emancipated under Public Act No. 293 of 1968 (MCL 722.1 et seq., MSA 25.244(1) et seq.). The notice may be made by any means reasonably calculated to give prompt actual notice including, but limited to, notice in person, by telephone, or by first class mail. If an individual less than 17 years of age is incarcerated for violating subsection (a) of this section, his or her parents or legal guardian shall be notified immediately as provided in this subsection. (g) This section does not prohibit a person less than 21 years of age from possessing alcoholic liquor during regular working hours and in course of his or her employment if employed by a person licensed by this act, by the commission, or by an agent of the commission, if the alcoholic liquor is not possessed for his or her personal consumption. (h) This section does not limit the civil or criminal liability of the vendor or the vendor's clerk, servant, agent or employee for a violation of this chapter.
   1. (i) 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 educational and is a requirement of the course. (j) 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 chapter. (k) Subsection (a) of this section does not apply to a person less than 21 years of age who participates in either or both of the following:
      1. (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. (2) An undercover operation in which the person less than 21 years of age purchases or receives alcoholic liquor under the direction of the state police, the state liquor control commission, or a local police agency as part of an enforcement action unless the initial or contemporaneous purchase or receipt of alcoholic liquor by the person less than 21 years of age was not under the direction of the state police, the state liquor control commission, or the local police agency and was not part of the undercover operation.
   50. (l) The state police, the state liquor control commission, or a local police agency 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 subsection (a) of this section.
   1000. (m) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Probate court disposition means an order of disposition of the probate court or the family division of the circuit court for a child found to be within the provisions of chapter XIIA of Public Act No. 288 of 1939 (MCL 712A.1 et seq., MSA 27.3178(598.1)). Work location means, as applicable, either the specific place or places of employment, or the territory or territories regularly visited by the person in pursuance of the person's occupation, or both. State Law reference— Similar provisions, MCL 436.1703, MSA 18.1175(703).

The chief of police or a member of the village police department who witnesses a person violating this possessed alcoholic beverages and issuing an appearance ticket. (Comp. Ords. 1987, § 20.047) State Law reference— Authority of law enforcement officer witnessing violation to stop and detain person and issue an appearance ticket, MCL 436.1705, MSA 18.1175(705).

As used in this division, the term "appearance ticket" means a complaint or written notice, issued and subscribed by a law enforcement officer, directing a designated person to appear in a designated district court at a designated time in connection with the alleged violation. The appearance ticket shall consist of the following parts:

1. (1) The original, which shall be a complaint or notice to appear by the officer and filed with the court.
2. (2) The first copy, which shall be the abstract of the court record.
3. (3) The second copy, which shall be delivered to the alleged violator.
4. (4) The third copy, which shall be retained by the law enforcement agency. (Comp. Ords. 1987, § 20.048) State Law reference— Similar provisions, MCL 764.9f, MSA 28.868(6).

A judge may accept an admission of the allegations of an appearance ticket by the defendant, and the judge shall direct the sanction imposed by this division. If the defendant denies the allegations of the appearance ticket, the judge shall set a date for trial. If a person fails to appear on the date specified on the appearance ticket, the judge shall then issue a bench warrant. (Comp. Ords. 1987, § 20.049)

This division shall not apply to situations involving a person less than 21 years of age knowingly transporting or possessing alcoholic liquor in a motor vehicle. (Comp. Ords. 1987, § 20.043) [1] Footnotes: ---

1. (1) --- State Law reference— Carnival-amusement safety act of 1966, MCL 408.651 et seq., MSA 18.484(1) et seq. Secs. 10-1—10-30. - Reserved. [2] Footnotes: ---
2. (2) --- State Law reference— Power of village council to license and regulate public shows and exhibitions, MCL 67.1(g), MSA 5.1285, (g); carnival-amusement safety act of 1966, MCL 408.651 et seq., MSA 18.484(1) et seq.; authority of village to license and regulate theatrical exhibitions and shows, MCL 431.201, MSA 18.471.

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