ARTICLE III. OPEN HOUSE PARTIES

24-89. Purpose of article.

It is for these purposes that this article is adopted:

(1)    The board of trustees of the township finds that the unregulated use of alcoholic liquors and controlled substances by minors creates social problems in many communities throughout the United States, including the township, and that the use of alcoholic liquors and controlled substances by minors can have devastating effects on not only the minors but on the public at large, including, but not limited to, injuries caused by vehicles operated by persons under the influence of alcoholic liquors or controlled substances.

(2)    The board of trustees further finds that adults could significantly alleviate alcohol and controlled substance problems by assuming the responsibility for open house parties which occur at their residences, and that the public health, safety and welfare would be protected and advanced if that occurs.

(Code 1987, § 7-08.01)

24-90. 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:

Adult means a person 17 years of age or older.

Alcoholic liquor means any spirituous, vinous, malt or fermented liquor, liquids and compounds, whether or not medicated, proprietary, patented and by whatever name called, containing one-half of one percent or more of alcohol by volume which are fit for use for beverage purposes as defined and classified by the state alcoholic liquor commission according to alcoholic content.

Control means any form of regulation or dominion including a possessory right.

Controlled substance means a controlled substance defined by article 7 of Public Act No. 368 of 1978 (MCL 333.7101 et seq.).

Minor means a person not legally permitted by reason of age to possess alcoholic liquors pursuant to MCL 436.1703.

Open house party means a social gathering of persons at a residence which is attended by any persons who do not have an interest in the residence as either owner, tenant, lessee or other right of possession, or who are not members of the immediate family of a person having an interest in the residence as either owner, tenant, lessee or other right of possession.

Residence means a home, apartment, condominium or other dwelling unit and includes the curtilage of such dwelling unit.

(Code 1987, § 7-08.02)

24-91. Prohibition.

No adult having control of any residence shall allow an open house party to take place at said residence if the adult:

(1)    Knew or reasonably should have known that an alcoholic liquor or controlled substance was in possession of or being consumed by a minor at said residence; and

(2)    Failed to take reasonable steps to prevent the possession or consumption of the alcoholic liquor or controlled substance at said residence.

(Code 1987, § 7-08.03)

24-92. Exceptions.

The provisions of this article shall not apply to legally protected religious observances or legally protected educational activities.

(Code 1987, § 7-08.04)

24-93—24-112. Reserved.