Chesterfield Charter Township, MI
Macomb County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Administration — See Ch. 2.
Businesses — See Ch. 18.
Parks and recreation — See Ch. 50.
Zoning — See Ch. 76.
[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]
(a) 
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:
(1) 
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.
(2) 
The citizenship of the applicant, his place of birth and, if a naturalized citizen, the time and place of his naturalization.
(3) 
The character of business of the applicant, and in the case of a corporation, the object for which it was formed.
(4) 
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.
(5) 
The location and description of the premises or place of business which is to be operated under such license.
(6) 
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.
(7) 
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.
(8) 
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.
(9) 
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.
(10) 
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.
(b) 
Restrictions on licenses. No license to sell beer and wine or spirts shall be issued to:
(1) 
A person whose license under this chapter has been revoked for cause.
(2) 
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.
(3) 
A copartnership unless all of the members of such copartnership shall qualify to obtain a license.
(4) 
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.
(5) 
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.
(6) 
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.
(7) 
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.
(8) 
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.
(9) 
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.
(10) 
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.
(11) 
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.
(c) 
Terms and conditions of license.
[Amended 6-2-2014 by Ord. No. 143]
(1) 
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:
a. 
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.
b. 
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.
c. 
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.
d. 
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.
e. 
For cause shown, the Township Board may extend the time for remodeling or new construction.
(2) 
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.
(d) 
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]
(a) 
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:
(1) 
Notice of proposed action.
(2) 
Reasons for the proposed action.
(3) 
Date, time and place of hearings.
(4) 
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.
(b) 
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:
(1) 
Violation of any of the restrictions on licenses set forth in section 6-2; or
(2) 
Maintenance of a nuisance upon the premises.
[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; Ord. No. 168, 1-22-2018]
(a) 
A person less than 21 years of age ("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. A minor who violates this section is responsible for a civil infraction or guilty of a misdemeanor as follows, punishable by the following fines and sanctions:
(1) 
For the first violation, the minor is responsible for a civil infraction and shall be fined not more than $100. A court may order a minor under this subdivision to participate in substance use disorder services as defined in the Public Health Code, MCLA § 333.6230, and designated by the administrator of the Office of Substance Abuse Services, and may order the minor to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in Subsection (e). A minor may be found responsible or admit responsibility only once under this subsection.
(2) 
If a violation of this subsection occurs after one prior judgment, the minor is guilty of a misdemeanor. A misdemeanor under this subdivision 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. A court may order a minor under this subdivision to participate in substance use disorder services, as defined in the Public Health Code, MCLA § 333.6230, and designated by the administrator of the Office of Substance Abuse Services, to perform community service and to undergo substance abuse screening and assessment at his/her own expense as described in Subsection (e).
(3) 
If a violation of this subsection occurs after two or more prior judgments, the minor is guilty of a misdemeanor. A misdemeanor under this subdivision is punishable by imprisonment for not more than 60 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 $500, or both, as applicable. A court may order a minor under this subdivision to participate in substance use disorder services as defined in the Public Health Code, MCLA § 333.6230, and designated by the administrator of the Office of Substance Abuse Services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection (e).
(b) 
An individual 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 an individual who pleads guilty to a misdemeanor in violation of Subsection (a)(2) or offers a plea of admission in a juvenile delinquency proceeding for a misdemeanor violation of Subsection (a)(2), the court, without entering a judgment of guilt in a criminal proceeding or a determination in a juvenile delinquency proceeding that the juvenile has committed the offense and with the consent of the accused, may defer further proceedings and place the individual on probation. The terms and conditions of that probation include, but are not limited to, the sanctions set forth in Subsection (a)(3), payment of the costs, including minimum state cost as provided for in Section 18m of Chapter XIIA of the Probate Code of 1939, MCLA § 712A.18m, and Section 1j of Chapter IX of the Code of Criminal Procedure, MCLA § 769.1j, and the costs of probation as prescribed in Section 3 of Chapter XI of the Code of Criminal Procedure, MCLA § 771.3. If a court finds that an individual violated a term or condition of probation or that the individual is utilizing this subsection in another court, the court may enter an adjudication of guilt, or a determination in a juvenile delinquency proceeding that the individual has committed the offense, and proceed as otherwise provided by law. If an individual fulfills the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings. A discharge and dismissal under this section is without adjudication of guilt or without a determination in a juvenile delinquency proceeding that the individual has committed the offense and is not a conviction or juvenile adjudication for purposes of disqualifications or disabilities imposed by law on conviction of a crime. An individual may obtain only one discharge and dismissal under this subsection.
(d) 
A misdemeanor violation of Subsection (a) successfully deferred, discharged, and dismissed under Subsection (c) is considered a prior judgment for the purposes of Subsection (a)(3).
(e) 
A court may order an individual found responsible for or convicted of violating Subsection (a) to undergo screening and assessment by a person or agency as designated by the department-designated community mental health entity as defined in the Mental Health Code, MCLA § 330.1100a, to determine whether the individual is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. A court may order an individual subject to a misdemeanor conviction or juvenile adjudication of, or placed on probation regarding, a violation of Subsection (a) to submit to a random or regular preliminary chemical breath analysis. The parent, guardian, or custodian of a minor who is less than 18 years of age and not emancipated under MCLA § 722.1 et seq. may request a random or regular preliminary chemical breath analysis as part of the probation.
(f) 
The Secretary of State shall suspend the operator's or chauffeur's license of an individual convicted of a second or subsequent violation of Subsection (a) or of violating Subsection (b) as provided in Section 319 of the Michigan Vehicle Code, MCLA § 257.319.
(g) 
A police officer who has reasonable cause to believe a minor has consumed alcoholic liquor or has any bodily alcohol content may request that individual 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 police officer may seek to obtain a court order. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a civil infraction proceeding or criminal prosecution to determine if the minor has consumed or possessed alcoholic liquor or had any bodily alcohol content.
(h) 
The Police Department, on determining that an individual who is less than 18 years of age and not emancipated under 1968 PA 293, MCLA §§ 722.1 to 722.6, allegedly consumed, possessed, or purchased alcoholic liquor, attempted to consume, possess or purchase alcoholic liquor, or had any bodily alcohol content in violation of Subsection (a) shall notify the parent or parents, custodian, or guardian of the individual as to the nature of the violation if the name of a parent, guardian or custodian is reasonably ascertainable by the Police Department. The Police Department shall notify the parent, guardian or custodian not later than 48 hours after the Police Department determines that the individual who allegedly violated Subsection (a) is less than 18 years of age and not emancipated under MCLA § 722.1 et seq. The Police Department may notify the parent, guardian or custodian 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 an individual less than 17 years of age is incarcerated for violating Subsection (a), his or her parents or legal guardian shall be notified immediately as provided in this subsection.
(i) 
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 by the Liquor Control Code,[1] Liquor Control Commission, or by an agent of the Liquor Control Commission, if the alcoholic liquor is not possessed for his or her personal consumption.
[1]
Editor's Note: See MCLA § 436.1101 et seq.
(j) 
The following individuals are not considered to be in violation of Subsection (a):
(1) 
A minor who has consumed alcoholic liquor and who voluntarily presents himself or herself to a health facility or agency for treatment or for observation, including, but not limited to, medical examination and treatment for any condition arising from a violation of Sections 520b to 520g of the Michigan Penal Code, MCLA §§ 750.520b to 750.520g, committed against a minor.
(2) 
A minor who accompanies an individual who meets both of the following criteria:
a. 
Has consumed alcoholic liquor.
b. 
Voluntarily presents himself or herself to a health facility or agency for treatment or for observation, including, but not limited to, medical examination and treatment for any condition arising from a violation of Sections 520b to 520g of the Michigan Penal Code, MCLA §§ 750.520b to 750.520g, committed against a minor.
(3) 
A minor who initiates contact with a police officer or emergency medical services personnel for the purpose of obtaining medical assistance for a legitimate health care concern.
(k) 
If a minor who is less than 18 years of age and who is not emancipated under MCLA § 722.1 et seq. voluntarily presents himself or herself to a health facility or agency for treatment or for observation as provided under Subsection (j), the health facility or agency shall notify the parent or parents, guardian or custodian of the individual as to the nature of the treatment or observation if the name of a parent, guardian or custodian is reasonably ascertainable by the health facility or agency.
(l) 
This section does not limit the civil or criminal liability of a vendor or the vendor's clerk, servant, agent, or employee for a violation of this section.
(m) 
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 act if the purpose of the consumption is solely educational and is a requirement of the course.
(n) 
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.
(o) 
Subsection (a) does not apply to a minor who participates in either or both of the following:
(1) 
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 local prosecutor's office or Township attorney's office, as part of an employer-sponsored internal enforcement action.
(2) 
An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the State Police, the Liquor Control Commission, or the Police Department as part of an enforcement action unless the initial or contemporaneous purchase or receipt of alcoholic liquor by the minor was not under the direction of the State Police, the Liquor Control Commission, or the Police Department and was not part of the undercover operation.
(p) 
The State Police, the Liquor Control Commission, or Police Department shall not recruit or attempt to recruit a minor for participation in an undercover operation at the scene of a violation of Subsection (a), Section 701(1) of the Liquor Control Code,[2] or Section 801(2) of the Liquor Control Code.[3]
[2]
Editor's Note: See MCLA § 436.1701(1).
[3]
Editor's Note: See MCLA § 436.1801(2).
(q) 
In a 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.
(r) 
As used in this section:
(1) 
"Any bodily alcohol content" means either of the following:
a. 
An alcohol content of 0.02 gram or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
b. 
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.
(2) 
"Emergency medical services personnel" means that term as defined in the Public Health Code, MCLA § 333.20904.
(3) 
"Health facility or agency" means that term as defined in the Public Health Code, MCLA § 333.20106.
(4) 
"Prior judgment" means a conviction, juvenile adjudication, finding of responsibility, or admission of responsibility for any of the following, whether under a law of the State of Michigan, a local ordinance substantially corresponding to a law of the State of Michigan, a law of the United States substantially corresponding to a law of the State of Michigan, or a law of another state substantially corresponding to the law of the State of Michigan:
a. 
This section or Section 701 or 707 of the Michigan Liquor Control Code, MCLA § 436.1701 or 436.1707 (commonly known as selling or furnishing alcohol to a minor);
b. 
Section 624a, 624b, or 625 of the Michigan Vehicle Code, MCLA § 257.624a, 257.624b, or 257.625 (commonly known as open intoxicants, transport by a minor and operating while intoxicated, respectively);
c. 
Section 80176, 81134, or 82127 of the Natural Resources and Environmental Protection Act, MCLA § 324.80176, 324.81134, or 324.82127 (commonly known as operating a motor boat, ORV, or snowmobile while under the influence, respectively);
d. 
Section 167a or 237 of the Michigan Penal Code, MCLA § 750.167a or 750.237 (commonly known as hunting while intoxicated and possess/use firearm while under the influence, respectively).