§ 34-357. Open house parties.

(a) 

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

ADULT

A person 17 years of age or older.

ALCOHOLIC LIQUOR

Any beverage containing more than 1/2 of 1% of alcohol by volume which is fit for use for beverage purposes. The percentage of alcohol by volume shall be determined in accordance with the provisions of MCL 436.1105.

CONTROL

Any form of regulation or dominion, including a possessory right.

DRUG

A controlled substance as defined by state law.

MINOR

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

OPEN HOUSE PARTY

A social gathering of persons at a residence other than the owner or those with rights of possession or their immediate family members.

RESIDENCE

A home, apartment, condominium or other dwelling unit and includes the curtilage of such dwelling unit.

(b) 

Responsibility of adult having control of residence. No adult having control of any residence shall allow an open house party to take place at the residence if any alcoholic liquor or drug is possessed or consumed at the residence by any minor where the adult knew or reasonably should have known that an alcoholic liquor or drug was in the possession of or being consumed by a minor at the residence, and where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic liquor or drug at the residence.

(c) 

Exception. This section shall not apply to legally protected religious observances or legally protected educational activities.

(d) 

Penalties. The penalties for violation of this section shall be as follows:

(1) 

For the first violation, a fine not exceeding $500, plus costs, or imprisonment in the county jail for a term not to exceed 30 days, or by both such fine and imprisonment.

(2) 

For subsequent violations, a fine not exceeding $500 or imprisonment in the county jail for a term not to exceed 90 days, or by both such fine and imprisonment.

Code 1975, § 24-38; Code 1992, § 20-251