§ 15-45. Open house parties.

(a)

Findings. The city council finds that the unregulated use of alcohol and drugs by minors creates social problems in many communities throughout the United States, including the City of Eaton Rapids.

Furthermore, the use of alcohol and drugs 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 beverage or drugs.

The city council further finds that adults could significantly alleviate alcohol and drug problems by assuming the responsibility for open house parties which occur at their residences.

(b)

Definitions. For the purpose of this section, the following terms shall be defined as follows:

Alcoholic beverage means alcoholic liquor as defined by the Michigan Compiled Laws, Section 436.1103, as the same may be amended from time to time.

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

Drug means a controlled substance as defined now or hereafter by the Public Acts of the State of Michigan. Currently, such controlled substances are defined by Act No. 196 of the Public Acts of 1971, as amended, being Section 333.7104 of the Michigan Compiled Laws.

Minor means a person less than twenty-one (21) years of age.

Open house party means a social gathering of persons at a residence or premises where non-family members are present.

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

(c)

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

(d)

Exception. The provisions of this section shall not apply to:

(1)

The consumption, use or possession of alcoholic beverages by a minor in the presence of his or her:

a.

Parent or legal guardian;

b.

Grandparent; or

c.

Aunt or uncle who is not a minor.

(2)

The consumption, use or possession of a drug by a minor pursuant to a lawful prescription of such drug;

(3)

Religious observances, educational activities and medical treatment;

(4)

The possession of alcoholic beverage or lawfully prescribed drugs by a minor during the course of an errand for a person described in subsection (c)(1) hereof, or such possession as may be incidental to the lawful employment of such minor.

(Ord. No. 2004-36, 5-10-04; Ord. No. 2016-2, 5-9-16)