§ 6-9. Purchase, consumption or possession by persons under 21.

(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 or otherwise permitted in this chapter.

(b)

A person less than 21 years of age who violates this section is guilty of a misdemeanor punishable by the following civil fines and sanctions:

(1)

For the first violation, a fine of not more than $100.00, and the person may be ordered to perform community service and to undergo substance abuse screening and assessment at his own expense.

(2)

For a second violation, a fine of not more than $200.00, and the person 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, Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.6107, MSA 14.15(6107)), and designated by the administrator of substance abuse services to perform community service, and to undergo substance abuse screening and assessment at his own expense. The person is also subject to sanctions against his operator's or chauffeur's license imposed by state law.

(3)

For a third or substance violation, a fine of not more than $500.00, and the person may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.6107, MSA 14.15(6107)), and designated by the administrator of substance abuse services to perform community service, and to undergo substance abuse screening and assessment at his own expense. The person is also subject to sanctions against his operator's or chauffeur's license imposed by state law.

(c)

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 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 other acceptable blood alcohol test indicates the person's blood contained 0.02 percent or more by weight of alcohol. 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 civil fine.

(Ord. No. 55, § I, 2-3-97)

Cross reference

Offenses involving underage persons, § 46-256 et seq.