§ 54-342. Permitting possession or use of alcohol or drugs at 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 means a person 17 years of age or older.

Alcoholic beverage means any beverage containing more than one-half of one percent of alcohol by weight. The percentage of alcohol by weight shall be determined in accordance with the provisions of MCL 436.2, MSA 18.972, as amended from time to time.

Control means any form of control, regulation, or dominion, including a possessory right or the paying or contracting for rental premises.

Drug means a controlled substance as defined in MCL 333.7212 et seq., MSA 14.15(7212) et seq., as amended.

Minor means a person not legally permitted by reason of age to possess or consume alcoholic beverages pursuant to MCL 436.33b, MSA 18.1004(2), as amended from time to time.

Open house party means a social gathering of persons at a residence or rental premises which includes persons other than or in addition to the owner or person with rights of possession and their immediate family members.

Residence or premises means a motel room, hotel room, home, apartment, condominium, limousine or other dwelling unit, including the curtilage of the dwelling unit or a hall, meeting room, or other place of assembly whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for social functions, and whether owned, leased, rented or used with or without compensation.

(b)

Allowing consumption or possession; penalties for violation of section. It shall be unlawful for any person having control of any residence or rental premises to allow an open house party to occur or continue at such residence or rental premises if the person knows or reasonably should know that a minor is in possession of or consuming alcoholic liquor or a drug at such residence or rental premises. A person who violates this subsection is guilty of a misdemeanor and shall be subject to the following penalties:

(1)

For the first violation, a fine not exceeding $500.00 or imprisonment in the county jail for a term not to exceed 30 days, or both such fine and imprisonment.

(2)

For subsequent violations, a fine not exceeding $500.00 or imprisonment in the county jail for a term not to exceed 90 days, or both such fine and imprisonment.

(c)

Attendance at gathering; civil infraction. It shall be unlawful for any person to knowingly remain present at an open house party where a minor is in possession of or consuming alcoholic beverages or a drug. A person who violates this subsection shall be responsible for a civil infraction. If a person admits responsibility for or is determined to be responsible for violating this subsection, the court may assess a civil fine of not more than $100.00 and costs as determined by the court.

(d)

Exception. The provisions of subsections (b) and (c) of this section shall not apply to legally protected religious observances or legally protected educational activities.

(Code 1980, §§ 8-401—8-404)