Charter Township of Oakland, MI
Oakland County
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Table of Contents
Table of Contents
[Adopted 1-28-1997 by Ord. No. 72 (Ch. 16, Art. IX, Div. 3, of the 2007 Code of Ordinances)]
Alcoholic liquor shall not be sold or furnished to a person unless the person has attained 21 years of age. A person who knowingly sells or furnishes alcoholic liquor to a person who is less than 21 years of age or who fails to make diligent inquiry as to whether the person is less than 21 years of age, is guilty of a misdemeanor.
A person less than 21 years of age shall not knowingly transport or possess, in a motor vehicle, alcoholic liquor unless the person is employed by a licensee under the Liquor Control Act,[1] a common carrier designated by the 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. A person who violates this section is guilty of a misdemeanor.
[1]
Editor's Note: See MCLA § 436.1101 et seq.
[Amended 7-9-2010 by Ord. No. 72-2009A]
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 possess or attempt to possess 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) 
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 and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense.
(2) 
For a violation of this subsection following a prior conviction or juvenile adjudication for a violation of Subsection A above, 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 any 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, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense.
(3) 
For a violation of this subsection following two or more prior convictions or juvenile adjudications for a violation of Subsection A above, 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 any 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, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense.
B. 
The Secretary of State shall suspend the operator or chauffeur's license of an individual convicted of violating Subsection A as provided in state law.
C. 
A law enforcement agency, upon determining that a person less than 18 years of age who is not emancipated pursuant to state law allegedly consumed, possessed, purchased or attempted to consume, possess or purchase alcoholic liquor in violation of Subsection A herein may 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 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 herein, his or her parents or legal guardians shall be notified immediately as provided in this subsection.
D. 
This section does not prohibit a person less than 21 years of age 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 Act, if the alcoholic liquor is not possessed for his or her personal consumption.
E. 
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 section if the purpose of the consumption was solely educational and is a necessary ingredient of the course.
F. 
The consumption by a person less than 21 years of age of sacramental wine in connection with religious services is not prohibited by this section.
G. 
Subsection A does not apply to a person less than 21 years of age who participates in any of the following:
(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 prior approval of a local prosecutor's office as part of an employer-sponsored internal enforcement action.
(2) 
An undercover operation in which the person less than 21 years of age purchases or receives alcoholic liquor under the direction of the police, Liquor Control Commission or local law enforcement agency as part of an enforcement action. The police, Liquor Control Commission or local law enforcement 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.
H. 
A person who furnishes fraudulent identification to a person less than 21 years of age, or notwithstanding Subsection A a person less than 21 years of age who uses fraudulent identification to purchase alcoholic liquor is guilty of a misdemeanor.
A peace officer who witnesses a violation of § 285-60 may stop and detain the person for purposes of obtaining satisfactory identification, seizing illegally possessed alcoholic liquor, and issuing an appearance ticket.