§ 22-220. 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 spirituous, vinous, malt or fermented liquor, liquids or 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 or intended for consumption as beverages.

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

Drug means any controlled substance as defined in part 72 of the Public Health Code (MCL 333.7201 et seq.).

Hotel or motel means a building or group of buildings in which the public may obtain accommodations for a consideration, including such establishments as "inns," "motor lodges," "motels," "roominghouses," "motor courts," "cabins" and other such dwellings, but not including accommodations furnished by hospitals, hospices or nursing homes.

Minor means a person not legally permitted by reason of age to possess alcoholic beverages pursuant to MCL 436.336, as the same may be amended, time to time.

Open house party means a social gathering of persons at a residence, hotel or motel attended by persons other than the owners or those with rights of possession or their immediate family members.

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

(b)

Prohibitions. No adult having control of any residence, hotel or motel shall allow an open house party to take place at such residence, hotel or motel if any drug is possessed by any person or any alcoholic beverage is possessed or consumed by a minor at such residence, hotel or motel if the adult knew or reasonably should have known that a drug was in the possession of any person or an alcoholic beverage was possessed or consumed by a minor or where the adult failed to take reasonable steps to prevent the possession or consumption of drugs or alcoholic beverages at the residence, hotel or motel.

(c)

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

(d)

Penalties. Any person in violation of this section shall be guilty of a misdemeanor.

(Code 1977, § 15-26; Ord. No. 197, 8-23-1993)

State law reference

Similar provisions, MCL 750.141a.