House Party Ordinance

Sec. 66-234. Use of alcoholic beverages and controlled substances at social gatherings.

  (a) Definitions. As used in this section:

Alcoholic beverage means an alcoholic liquor as defined in section 5 of the Michigan Liquor Control Code of 1998 (MCL 436.1105).

Allow means to give permission for, or approval of, possession or consumption of alcoholic beverages or a controlled substance, by any of the following means:

  1. In writing.
  2. By one or more oral statements.
  3. By any form of conduct, including a failure to take corrective action, that would cause a reasonable person to believe that permission or approval has been given.

Control over any premises, residence, or other real property means the authority to regulate, direct, restrain, superintend, control, or govern the conduct of other individuals on or within that premises, residence, or other real property, and includes, but is not limited to, a possessory right.

Controlled substance is defined as that term as defined in section 7104 of the Public Health Code (MCL 333.7104).

Corrective action means any of the following:

  1. Making a prompt demand that the minor or other individual depart from the premises, residence, or other real property, or refrain from the unlawful possession or consumption of the alcoholic beverage or controlled substance on or within that premises, residence, or other real property, and taking additional action described in subsection (2) or (3) of this definition if the minor or other individual does not comply with the request.
  2. Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to a law enforcement agency having jurisdiction over the violation.
  3. Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to another person having a greater degree of authority or control over the conduct of persons on or within the premises, residence, or other real property.

 Minor means an individual less than 21 years of age.

Premises means a permanent or temporary place of assembly, other than a residence, including, but not limited to, any of the following:

  1. A meeting hall, meeting room, or conference room.
  2. A public or private park.

Residence means a permanent or temporary place of dwelling, including, but not limited to, any of the following:

  1. A house, apartment, condominium or mobile home.
  2. A cottage, cabinet, trailer or tent.
  3. A motel unit, hotel unit, or bed and breakfast unit.

Social gathering means an assembly of two or more individuals for any purpose, unless all of the individuals attending the assembly are members of the same household or immediate family.

  1. Prohibited acts. Except as otherwise provided in subsection (c) of this section, an owner, tenant, or other person having control over any premises, residence, or other real property shall not do either of the following:
    1. Knowingly allow a minor to consume or possess an alcoholic beverage at a social gathering on or within that premises, residence, or other real property.
    2. Knowingly allow any individual to consume or possess a controlled substance at a social gathering on or within that premises, residence or other real property.
  2. Exceptions. This section does not apply to the use, consumption or possession of a controlled substance by an individual pursuant to a lawful prescription, or to the use, consumption or possession of an alcoholic beverage by a minor for adult-supervised official, religious or educational purposes.
  3. Evidence of violation. Evidence of all of the following gives rise to a rebuttable presumption that the defendant allowed the consumption or possession of an alcoholic beverage or a controlled substance on or within premises, a residence, or other real property, in violation of this section:
    1. The defendant had control over the premises, residence, or other real property.
    2. The defendant knew that a minor was consuming or in possession of an alcoholic beverage or knew that an individual was consuming or in possession of a controlled substance at a social gathering on or within that premises, residence, or other real property.
    3. The defendant failed to take corrective action.
  4. Penalties. Penalties for violation of this section are as follows:
    1. For the first violation, a fine not exceeding $500.00 or imprisonment in the city jail for a term not to exceed 30 days, or by both such fine and imprisonment.
    2. For subsequent violations, a fine not exceeding $500.00 or imprisonment in the city jail for a term not to exceed 90 days, or by both such fine and imprisonment.

In a case involving damage to the residence or room, a court may order the individual to pay restitution, which may include the reasonable loss of revenue resulting from the inability to rent or lease the room during the period of time the room is being repaired. 

 (Code 1974, § 4-8)

State Law reference— Open house parties, MCL 740.141a.