MI: Ordinance change reflects new MIP alcohol law
Fenton police can now handle ‘minor in possession’ offenses
By Vera Hogan, Associate Editor
September 16, 2018
On Monday, Sept. 9, after the second reading of an ordinance amendment, the Fenton City Council voted unanimously to change the local ordinance on the purchase, possession and consumption of alcoholic liquor by minors to mirror state law.
On Jan. 1 of this year, the state amended MCL 436.1703, changing the penalties for those under the age of 21 caught buying, possessing and drinking alcoholic liquor. Under the old statute, this offense by a person under the age of 21 was classified as a misdemeanor crime, according to Fenton Police Chief Jason Slater.
“The newly amended state statute breaks down the charge into a first, second and third offense,” Slater said in a memo to City Manager Lynn Markland.
A first offense would result in a civil infraction charge with a fine not to exceed $100, substance abuse treatment, community service, with no deferral possible. There are no driver’s license sanctions with a first offense, but this infraction will appear on the offender’s driving record.
A second offense, according to Slater, would result in a misdemeanor charge with a fine not to exceed $200, substance abuse treatment, community service, and deferral possible (30 days jail possible only upon violation of probation, failure to successfully complete substance abuse treatment, and/or failure to pay fines). Driver’s license sanctions for a second offense will result in a 90-day suspension with the provision of obtaining a restricted license after 30 days.
Slater said a third offense would result in a misdemeanor charge with a fine not to exceed $500, substance abuse treatment, community service, and deferral possible (60 days jail possible only upon violation of probation, failure to successfully complete substance abuse treatment, and/or failure to pay fines). Driver’s license sanctions for a third offense violation will result in a one-year suspension with the provision of obtaining a restricted license after the first 60 days.
Because of the changes, Slater said he asked the city attorney, Chris Patterson, to draft an amended city ordinance to reflect state law.
“Currently, if a Fenton police officer takes action regarding a subject under the age of 21, who is either purchasing, possessing, consuming or having consumed alcohol, they are forced to write the offense under state law,” he said.
By amending the current ordinance to mirror state law, Fenton police are able to handle these offenses on a local level.
Slater said the city of Fenton is expected to receive a third of the fines paid. The remainder will be divided among other entities. The newly amended ordinance will take effect Oct. 16, which is 30 days after publication (see legal notice in this edition on Page 18A).