ARTICLE I. IN GENERAL
10-1 Definitions.
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:
Alcoholic liquor means any beverage containing one-half of one percent or more of alcohol by volume which is fit for human consumption.
Applicant means any person who seeks approval from the city council to sell alcoholic liquor.
ATF officer means an officer or employee of the Bureau of Alcohol, Tobacco, and Firearms (ATF) authorized to perform any function relating to the administration or enforcement of the ATF.
Enforcement officer or inspector means any officer sworn to enforce the codes of the City of Pontiac, Michigan, including but not limited to housing inspectors, licensing/zoning inspectors, Pontiac Police Officers, special service aides, and technical inspectors.
Letter of agreement means a letter drafted by the city to compile a list of regulations for the operation of an establishment to ensure compliance with all state, county, and city guidelines as required by law. This letter shall require the signature of an/the applicant(s) requesting any liquor license from the State of Michigan Liquor Control Commission, the signature of two witnesses, the date of said signatures, and must be duly notarized.
Licensee means any person who has been granted a license to sell alcoholic liquor in the city by the state liquor control commission.
Occupancy rate means the number of patrons that can be accommodated within the licensed premises as established by the state police, fire marshal division.
Sale means and includes the exchange, barter, traffic or furnishing of any alcoholic liquor.
(Code 1985, § 4-11; Ord. No. 2148, § 1, 10-10-02)
Cross reference—Definitions generally, § 1-2.
10-2 Consumption of alcoholic liquors in public places, places open to the general public and places of amusement.
(a) No person shall drink, consume, transport, carry or possess any alcoholic liquor, except in the original package and with the seal unbroken, on the public streets, alleys, parks, sidewalks, parkways, public parking lots or private parking lots open to the general public, unless the area is properly licensed to conduct such activity. The term “private parking lots open to the general public” shall include any area wherein motor vehicles are parked by the public in conjunction with any business, enterprise, commercial establishment, office building or apartment building.
(b) No person shall consume any alcoholic liquor in any public park, stadium or place of amusement not licensed to sell alcoholic liquors for consumption on the premises except on the Phoenix Center Plaza, if the alcoholic liquors are purchased or received free from a group in possession of a duly issued permit from the state liquor control commission and the group has received a license from the city to sell and/or give away alcoholic liquors.
(Code 1985, § 4-5)
10-3 Certain persons prohibited from saloons.
No person shall knowingly enter any saloon or place where alcoholic liquors are sold in the city when the owner, proprietor or manager has been forbidden by some person legally authorized to do so, to sell such person any alcoholic liquors.
(Code 1985, § 4-6)
10-4 Illegal sales prohibited.
(a) No person shall illegally sell, keep for sale, offer for sale, or otherwise dispense alcoholic liquors, either by the bottle or glass.
(b) No person shall keep, maintain or operate a place where alcoholic liquors, either by the bottle or glass, are illegally sold or otherwise dispensed.
(Code 1985, § 4-7)
10-5 Consumption on unlicensed premises.
(a) In any public place not licensed by the liquor control commission, no person shall consume any alcoholic liquor on the premises thereof.
(b) No proprietor or operator of any public place not licensed by the liquor control commission shall permit or allow any person to consume any alcoholic liquor on the premises thereof.
(Code 1985, § 4-41)
10-6 Sale to persons under 21 years of age prohibited.
(a) Alcoholic liquor shall not be sold or furnished to a person unless the person has obtained 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. If the person is a retail licensee or a retail licensee’s clerk, agent, or employee who violates this subsection and the violation is the result of an undercover operation in which the minor who received alcoholic liquor was under the direction of the local police agency as part of an enforcement action, the retail licensee’s clerk, agent, or employee is responsible for a civil infraction and may be ordered to pay a civil fine of not more than $100.00.
(b) In an action for the violation of this section, proof that the defendant or the defendant’s agent or employee demanded and was shown, before furnishing alcoholic liquor to a person under 21 years of age, a motor vehicle operator’s license or a registration certificate issued by the federal selective service, or other bona fide documentary evidence of the age and identity of that person, shall be a defense to an action under this section.
(Code 1985, § 4-1; Ord. No. 2164, § 1, 7-31-03)
State law reference—Minimum age for purchase, MCL 436.33 et seq.
10-7 False representation of age.
A person who furnishes fraudulent identification to a person less than 21 years of age, or 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 $100.00, or both.
(Code 1985, § 4-2; Ord. No. 2177, § 1, 2-24-05)
State law reference—Possession and consumption by minor, MCL 436.1703(2).
10-8 Persons under 21—Unlawful purchase, consumption or possession of liquor.
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 alcoholic content except as provided in section 10-10. A person less than 21 years of age who violates this section is guilty of a misdemeanor punishable by the following fines and sanctions and shall not be subject to the penalty prescribed in section 1-25:
(1) For the first violation, a fine of not more than $100.00 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, 1978 PA 368, MCL § 333.6107, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense 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.
(2) For the second violation, by imprisonment for not more than 30 days but only if the person less than 21 years of age 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 $200.00, 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, 1978 PA 368, MCL § 333.6107, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense 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.
(3) For a third or subsequent violation, by imprisonment for not more than 60 days but only if the person less than 21 years of age 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 $500.00, 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, 1978 PA 368, MCL § 333.6107, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense 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.
As used in this section, “any bodily alcohol content” means either of the following:
a. An alcohol content of 0.02 grams 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.
(Code 1985, § 4-3; Ord. No. 2177, § 2, 2-24-05)
State law reference—Possession and consumption by minor, MCL 436.1703(1) and (15).
10-9 Same—Violations; detention; seizure of alcoholic liquors.
A police officer who witnesses or has reasonable cause to believe a person less than 21 years of age has consumed alcoholic liquor or has any bodily alcoholic content may stop and detain the person for purposes of obtaining satisfactory identification, seizing illegally possessed alcoholic liquors and requiring the person to submit to a preliminary chemical breath analysis. A police 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 minor has consumed or possessed alcoholic liquor or had any bodily alcoholic content. 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 infraction and may be ordered to pay a civil fine of not more than $100.00.
(Code 1985, § 4-3.1; Ord. No. 2177, § 3, 2-24-05)
State law reference—Possession and consumption by minor, MCL 436.1703(6).
10-10 Same—Possessing or transporting alcoholic liquor in motor vehicle.
A person less than 21 years of age shall not knowingly transport or possess alcoholic liquor in a motor vehicle unless the person is employed by a licensee of the liquor control commission or an agent of such 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 and subject to the penalty prescribed in section 1-25 of this Code.
(Code 1985, § 4-3.2)
10-11 Penalties.
Violations of any provisions of this chapter herein adopted shall be deemed a municipal civil infraction, punishable by a fine of not less than $300.00, or more than $1,000.00; plus any costs, damages, expenses, and other sanctions. This article is further subject to the repeat offender provision of the Pontiac Municipal Code. This provision states that increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this article. As used in this article, “repeat offense” means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision (i) committed by a person and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this article shall be as follows:
(1) The fine for any offense, which is a first, repeat offense shall be no less than $500.00, plus costs.
(2) The fine for any offense, which is a second, repeat offense or any subsequent repeat offense shall be no less than $750.00, plus costs.
A violation includes any act prohibited or made or declared to be unlawful or an offense by this chapter or any ordinance and any omission or failure to act where the act is required by this chapter or any ordinance.
Further, each day on which any violation of this article continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any other remedies available at law, the city may bring in the local district court an injunction or other process against a person or company to restrain, prevent, or abate any violation of this article.
(Ord. No. 2148, § 1, 10-10-02)
10-12 Single-sales of tobacco products prohibited; authority of enforcement officer or inspector.
Any enforcement officer may enter during normal operation of business any premises where food products are kept or stored, as may be necessary for the examination of said products. The owner/manager of such premises, who refuses to admit or permit an enforcement officer or sworn inspector to examine such products, shall be liable to the penalties prescribed by section 10-11.
Any food dealer must comply with the 1999 Food Code, as adopted by the Michigan Food Law of 2000, the Food Law of 2000 (Act No. 92 of 2000), and Part 110-Current Good Manufacturing Practice in Manufacturing, Packing or Holding Human Food. Any violation regarding foodstuff shall be reported to either the department of agriculture or the county health department and is subject to section 10-11, penalties.
No owner, manager, employee, or person having superintendence shall sell or allow any employee(s) to offer for purchase repackaged ice, “single-sales of ice,” or “single-sales of cups” within the city for the consumption of alcoholic liquors. Such action will be deemed a violation of this article subject to section 10-11, penalties.
(Ord. No. 2148, § 1, 10-10-02)
10-13 Tobacco sales to minors prohibited.
Under this article, any person who sells, gives, or furnishes any cigarette cigar, chewing tobacco, tobacco snuff, or tobacco in any other form to a person under 18 years of age, or any person who sells cigarettes separately from a package at a retail business, and whose business also sells alcohol, violates the Youth Tobacco Act and, shall, in addition to any penalties incurred by violation of this Code, have a report of their action forwarded to the liquor control commission for potential further action and sanctions.
(Ord. No. 2148, § 1, 10-10-02)