June 7, 2017, Introduced by Senator HANSEN and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 701 (MCL 436.1701), as amended by 2010 PA 266.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
701. (1) Alcoholic A
person shall not sell or furnish
alcoholic
liquor shall not be sold or
furnished to a minor. Except
as otherwise provided in subsection (2) and subject to subsections
(4), (5), and (6), a person who knowingly sells or furnishes
alcoholic liquor to a minor, or who fails to make diligent inquiry
as
to whether the person individual
is a minor, is guilty of a
misdemeanor. A retail licensee or a retail licensee's clerk, agent,
or employee who violates this subsection shall be punished in the
manner
provided for licensees in section 909. except that if the
violation
is the result of an undercover operation in which the
minor
received alcoholic liquor under the direction of the state
police,
the commission, or a local police agency as part of an
enforcement
action, the retail licensee's clerk, agent, or employee
is
responsible for a state civil infraction and may be ordered to
pay
a civil fine of not more than $100.00. Except as otherwise
provided in subsection (2), a person who is not a retail licensee
or a retail licensee's clerk, agent, or employee and who violates
this subsection is guilty of a misdemeanor punishable by a fine of
not more than $1,000.00 and imprisonment for not more than 60 days
for a first offense, a fine of not more than $2,500.00 and
imprisonment for not more than 90 days for a second or subsequent
offense, and may be ordered to perform community service. For a
second or subsequent offense, the secretary of state shall suspend
the operator's or chauffeur's license of an individual who is not a
retail licensee or retail licensee's clerk, agent, or employee and
who is convicted of violating this subsection as provided in
section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.
A suitable sign describing the content of this section and the
penalties
for its violation shall must
be posted in a conspicuous
place
in each room where alcoholic liquor is sold. The signs shall
be
approved and furnished by the commission.commission shall
approve and furnish a sign under this section.
(2) A person who is not a retail licensee or the retail
licensee's clerk, agent, or employee and who violates subsection
(1) is guilty of a felony, punishable by imprisonment for not more
than 10 years or a fine of not more than $5,000.00, or both, if the
subsequent consumption of the alcoholic liquor by the minor is a
direct
and substantial cause of that person's the minor's death or
an
accidental injury that causes that person's the minor's death.
(3) If a violation occurs in an establishment that is licensed
by the commission for consumption of alcoholic liquor on the
licensed premises, a person who is a licensee or the clerk, agent,
or employee of a licensee shall not be charged with a violation of
subsection (1) or section 801(2) unless the licensee or the clerk,
agent, or employee of the licensee knew or should have reasonably
known with the exercise of due diligence that a person less than 21
years of age possessed or consumed alcoholic liquor on the licensed
premises and the licensee or clerk, agent, or employee of the
licensee failed to take immediate corrective action.
(4) If the enforcing agency involved in the violation is the
state police or a local police agency, a licensee shall not be
charged with a violation of subsection (1) or section 801(2) unless
all of the following occur, if applicable:
(a) Enforcement action is taken against the minor who
purchased or attempted to purchase, consumed or attempted to
consume, or possessed or attempted to possess alcoholic liquor.
(b) Enforcement action is taken under this section against the
person
individual 21 years of age or older who is not the retail
licensee or the retail licensee's clerk, agent, or employee who
sold or furnished the alcoholic liquor to the minor.
(c) Enforcement action under this section is taken against the
clerk, agent, or employee who directly sold or furnished alcoholic
liquor to the minor.
(5) If the enforcing agency is the commission and an
appearance
ticket or civil infraction citation has not been issued,
then
the commission shall recommend to a
local law enforcement
agency that enforcement action be taken against a violator of this
section or section 703 who is not a licensee. However, subsection
(4) does not apply if the minor against whom enforcement action is
taken under section 703, the clerk, agent, or employee of the
licensee who directly sold or furnished alcoholic liquor to the
minor, or the person 21 years of age or older who sold or furnished
alcoholic liquor to the minor is not alive or is not present in
this state at the time the licensee is charged. Subsection (4)(a)
does not apply under either of the following circumstances:
(a) The violation of subsection (1) is the result of an
undercover operation in which the minor purchased or received
alcoholic liquor under the direction of the person's employer and
with the prior approval of the local prosecutor's office as part of
an employer-sponsored internal enforcement action.
(b) The violation of subsection (1) is the result of an
undercover operation in which the minor purchased or received
alcoholic liquor under the direction of the state police, the
commission, or a local police agency as part of an enforcement
action.
(6) Any initial or contemporaneous purchase or receipt of
alcoholic liquor by the minor under subsection (5)(a) or (b) must
have been under the direction of the state police, the commission,
or the local police agency and must have been part of the
undercover operation.
(7) If a minor participates in an undercover operation in
which the minor is to purchase or receive alcoholic liquor under
the supervision of a law enforcement agency, his or her parents or
legal
guardian shall consent to the participation if that person
the minor is less than 18 years of age.
(8) In an action for the violation of this section, proof that
the defendant or the defendant's agent or employee demanded and was
shown, before furnishing alcoholic liquor to a minor, a motor
vehicle operator's or chauffeur's license, a military
identification card, or other bona fide documentary evidence of the
age
and identity of that person, shall be is a defense to an action
brought under this section.
(9) The commission shall provide, on an annual basis, a
written report to the department of state police as to the number
of actions heard by the commission involving violations of this
section
and section 801(2). The report shall must include the
disposition of each action and contain figures representing the
following categories:
(a) Decoy operations.
(b) Off-premises violations.
(c) On-premises violations.
(d) Repeat offenses within the 3 years preceding the date of
that report.
(10) As used in this section:
(a) "Corrective action" means action taken by a licensee or a
clerk, agent, or employee of a licensee designed to prevent a minor
from further possessing or consuming alcoholic liquor on the
licensed premises. Corrective action includes, but is not limited
to, contacting a law enforcement agency and ejecting the minor and
any other person suspected of aiding and abetting the minor.
(b)
"Diligent inquiry" means a diligent good faith good-faith
effort
to determine the age of a person, an individual, which
includes at least an examination of an official Michigan operator's
or chauffeur's license, an official Michigan personal
identification card, a military identification card, or any other
bona
fide picture identification which that establishes the
identity
and age of the person.individual.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.