Article I In General
Article II Purchase, Consumption or Possession by Minors Prohibited
[Ord. No. 80, § 2, eff. 2-2-1984]
This chapter is adopted pursuant to and in accordance with Act No. 8 of the Public Acts of Michigan of 1933 (MCL 436.1 et seq., MSA 18.971 et seq.), as amended.
[Ord. No. 80, § 3, eff. 2-2-1984; Ord. No. 80-1, eff. 4-14-1984; Ord. No. 80-2, 4-2-1992]
Application. Applications for license to sell beer and wine or spirits shall be in writing on an application form approved by the township board signed by the applicant, if an individual, or by a duly authorized agent thereof, if a partnership or corporation, verified by oath or affidavit, and shall, in addition to all other information required by the application, contain the following statements and information:
The name, age and address of the applicant in the case of an individual; or, in the case of a copartnership, the persons entitled to share in the profits thereof; in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and, if a majority interest in the stock of such corporation is owned by one person or his nominee, the name and address of such person.
The citizenship of the applicant, his place of birth and, if a naturalized citizen, the time and place of his naturalization.
The character of business of the applicant, and in the case of a corporation, the object for which it was formed.
The length of time the applicant has been in business of that character or, in the case of a corporation, the date when its charter was issued.
The location and description of the premises or place of business which is to be operated under such license.
A statement whether the applicant has made application for a similar or other license on premises other than described in the application, and the disposition of such application.
A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this chapter or the laws of the state.
A written statement that the applicant will not violate any of the laws of the state or of the United States or any ordinances of the township in the conduct of its business.
The application shall be accompanied by building and plot plans showing the entire structure and premises and in particular the specific areas where the license is to be utilized. The plans shall demonstrate adequate off-street parking, lighting, refuse disposal facilities and where appropriate, adequate plans for screening, and noise control.
The applicant shall pay a fee established by resolution of the township board in an amount sufficient to pay all costs of the township necessarily incurred in the review of the application.
Restrictions on licenses. No license to sell beer and wine or spirts shall be issued to:
A person whose license under this chapter has been revoked for cause.
A person who, at the time of application or renewal of any license issued under this chapter, would not be eligible for such license upon a first application.
A copartnership unless all of the members of such copartnership shall qualify to obtain a license.
A corporation, if any officer, manager or director thereof, or a stock owner or stock-holders owning in the aggregate more than 5% of the stock of such corporation would not be eligible to receive a license under this chapter for any reason.
A person who has been convicted of a felony violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor or a controlled substance.
A person who does not own the premises for which a license is sought or does not have a lease therefor for the full period for which the license is issued, or to a person, corporation or copartnership that does not have sufficient financial assets to carry on or maintain the business.
Any law enforcing public official or any member of the township board; and no such official shall be interested in any way either directly or indirectly in the manufacture, sale or distribution of alcoholic liquor.
For premises where there exists a violation of the applicable building, electrical, mechanical, plumbing or fire codes, applicable zoning regulations, applicable public health regulations, or any other applicable township ordinance.
For any new license or for the transfer of any existing license unless the sale of beer, wine or spirits is shown to be incidental and subordinate to other permitted business uses upon the site, such as but not limited to food sales, motel operations, or recreational activities.
For premises where it is determined by a majority of the board that the premises do not or will not reasonably soon after commencement of operations have adequate off-street parking, lighting, refuse disposal facilities, screening, or noise or nuisance control.
Where the board determines, by majority vote, that the proposed location is inappropriate considering the desirability of establishing a location in developed, commercial areas, in preference to isolated, undeveloped areas; the attitude of adjacent residents and property owners; traffic safety; accessibility to the site from abutting roads to accommodate the commercial activity; distance from public or private schools for minors; proximity of the inconsistent zoning classification; and accessibility from primary roads or state highways.
Terms and conditions of license.
[Amended 6-2-2014 by Ord. No. 143]
Approval of a license shall be for a period of one year subject to annual renewal by the Michigan Liquor Control Commission. Approval of a license shall be contingent upon the applicant satisfying the following conditions within the stated periods of time:
The issuance of a license shall be contingent upon the application for and receipt of site plan approval, building permits, zoning changes and other necessary approvals by the Township within six months of the action of the Township Board or the State Liquor Control Commission approving such license, whichever occurs last.
Approval of a license shall further be contingent upon the commencement of the necessary remodeling or new construction for use of the license within six months of the action of the Township Board or the State Liquor Control Commission approving such license, whichever occurs last.
The remodeling or new construction shall be completed within a time period not to exceed two years from the date of the action of the Township Board or the State Liquor Control Commission approving such license, whichever occurs last.
The applicant shall provide progress reports to the Township Board every six months during the remodeling or new construction setting forth in detail the status of such remodeling or construction.
For cause shown, the Township Board may extend the time for remodeling or new construction.
The failure of an applicant to meet any of the above conditions shall be reason for the Township Board to recommend to the Michigan Liquor Control Commission denial of the annual renewal of any license under this section issued, and the Township Board reserves the right to withdraw its approval and deny the license at the time of such review.
License hearing. The township board shall grant a public hearing upon the license application. Following such hearing the board shall submit to the applicant a written statement of its findings and determination. The board's determination shall be based upon satisfactory compliance with the restrictions set forth in subsection (b)(1) through (11) of this section.
[Ord. No. 80, § 4, eff. 2-2-1984; Ord. No. 80-1, eff. 4-14-1984]
Procedure. Before filing an objection to renewal or request for revocation of a license with the state liquor control commission, the township board shall serve the license holder, by first class mail, mailed not less than 10 days prior to hearing with notice of a hearing, which notice shall contain the following:
Notice of proposed action.
Reasons for the proposed action.
Date, time and place of hearings.
A statement that the licensee may present evidence and testimony and confront adverse witnesses.
Following the hearing, the township board shall submit to the license holder and the commission a written statement of its findings and determination.
Criteria for nonrenewal or revocation. The township board shall recommend nonrenewal or revocation of a license upon a determination by it that, based upon a preponderance of the evidence presented at the hearing, either of the following exists:
[Ord. No. 131a, § 1, 1-22-2008]
This article shall be known and cited as the Chesterfield Township Prohibition of Alcohol Purchase, Consumption and/or Possession by Persons Under the Age of 21 Ordinance.
[Ord. No. 131a, § 2, 1-22-2008]
The purpose of this article is to protect the health, safety and general welfare of the property and persons in Chesterfield Township from persons under the age of 21 who purchase, possess and/or consume alcohol.
[Ord. No. 131a, § 3, 1-22-2008]
This article is adopted in accordance with and pursuant to MCL 436.1703 et seq.
[Ord. No. 131a, § 4, 1-22-2008]
A person less than 21 years of age 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 within the boundaries of the township.
[Ord. No. 131a, § 5, 1-22-2008]
A person less than 21 years of age 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. A person less than 21 years of age who violates this subsection is guilty of a misdemeanor punishable by the following civil fines and sanctions:
For the first violation a fine of not more than $100, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, MCL 333.6107, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense.
For a violation of this subsection following a prior conviction or juvenile adjudication for a violation of this subsection, by imprisonment for not more than 30 days, but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay a fine for that conviction or juvenile adjudication, a fine of not more than $200, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, MCL 333.6107, to perform community services, and to undergo substance abuse screening and assessment at his or her own expense.
For a violation of this subsection following two or more prior convictions or juvenile adjudications for a violation of this subsection, by imprisonment for not more than 60 days, but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay a fine for that conviction or juvenile adjudication, a fine of not more than $500, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, MCL 333.6107, to perform community service and to undergo substance abuse screening and assessment at his or her own expense.
A person who furnishes fraudulent identification to a person less than 21 years of age, or notwithstanding subsection (1) a person less than 21 years of age 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.
When an individual who has not been previously convicted of or received a juvenile adjudication for a violation of subsection (a) pleads guilty to a violation of subsection (a), the court, without entering a judgment of guilt in a criminal proceeding, may defer further proceedings and place the individual on probation. Upon violation of a term or condition of probation or upon a finding that the individual is utilizing this subsection in another court, the court may enter an adjudication of guilt, and proceed otherwise provided by law. Upon fulfillment of the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings. There may only be one discharge and dismissal under this section to an individual.
The court may order the person found violating subsection (a) to undergo screening and assessment by a person or agency as designed by the substance abuse coordinating agency as defined in section 6103 of Act No. 368 of the Public Acts of 1978, being MCL 333.6103, in order to determine whether the person is likely to benefit from rehabilitation services, including alcohol or drug education and alcohol or drug treatment programs. The court may order a person subject to a conviction or juvenile adjudication of, or placed on probation regarding, a violation of subsection (1) to submit to a random or regular preliminary chemical breath test analysis.
The secretary of state may suspend the operator's or chauffeur's license of an individual convicted of violating subsection (1) or (2) as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.
A peace officer who has reasonable cause to believe a person less than 21 years of age has consumed alcoholic liquor may request the person to submit to a preliminary chemical breath analysis. A legal presumption shall be made by the court that the person less than 21 years of age has consumed or possessed alcoholic liquor if a preliminary chemical breath analysis or the acceptable blood alcohol test indicates the person's blood contained 0.02% or more by weight of alcohol.
A law enforcement agency, 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 MCL 772.1 to 772.6, allegedly consumed, possessed, purchased, or attempted to consume, possess or purchase alcoholic liquor in violation of subsection (a) 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) 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 (a), then his or her parents or legal guardian shall be notified immediately as provided in this subsection.
This section does not prohibit a person less than 21 years of age from possessing alcoholic liquor during regular work hours and in the 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.
This section shall not be construed to limit the civil or criminal liability of the vendor of the vendor's clerk, servant, agent, or employee for a violation of this act.
The consumption of alcoholic liquor by a person less than 21 years of age who is enrolled in a course offered by an accredited post secondary 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 necessary ingredient of the course.
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.
Subsection (a) does not apply to a person less than 21 years of age who participates in either or both of the following:
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.
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 commission, or a local police agency 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 state police, the commission, or the local police agency and is part of the undercover operation. The state police, the 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).
In a 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.
As used in this section, "any bodily alcohol content" means either of the following:
An alcohol content of 0.02 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as part of a generally recognized religious service or ceremony.