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File #: 17-1859    Version: 1 Name: 12/4/17 Ordinance to Amend Minor in Possession
Type: Ordinance Status: Passed
File created: 12/4/2017 In control: City Council
On agenda: 12/18/2017 Final action: 12/18/2017
Enactment date: 12/4/2017 Enactment #: ORD-17-23
Title: An Ordinance to Amend Sections 9:81 and 9:82 of Chapter 109 (Liquor) of Title IX of the Code of the City of Ann Arbor (Ordinance No. ORD-17-23)
Attachments: 1. 17-23 Chapter 109 Liquor Briefed and Approved.pdf, 2. 17-23 Liquor Ordinance Briefed.pdf, 3. Ordinance Amendment - Minor in Possession of Alcohol.pdf, 4. 17-23 Chapter 109 Liquor Approval Notice.pdf
Title
An Ordinance to Amend Sections 9:81 and 9:82 of Chapter 109 (Liquor) of Title IX of the Code of the City of Ann Arbor (Ordinance No. ORD-17-23)
Memorandum
This ordinance amendment reflects the Legislature's changes to the penalties under state law for possession or consumption of alcohol by a minor. Effective January 1, 2018, a first offense is a civil infraction. Under the current ordinance, a first offense is a misdemeanor.
Under the ordinance amendment, as in state law, second and subsequent offenses are misdemeanors. However, a minor who pleads guilty to a second offense may qualify to have it discharged and dismissed as detailed in the ordinance amendment, in which case the court record of the case is not available to the public.
Staff
Kristen D. Larcom, Senior Assistant City Attorney
Body
ORDINANCE NO. ORD-17-23

First Reading: December 4, 2017 Approved: December 18, 2017
Public Hearing: December 18, 2017 Published: December 28, 2017
Effective: January 7, 2018

MINOR IN POSSESSION OF ALCOHOL

AN ORDINANCE TO AMEND SECTIONS 9:81 AND 9:82 OF CHAPTER 109 (LIQUOR) OF TITLE IX OF THE CODE OF THE CITY OF ANN ARBOR

The City of Ann Arbor ordains:

Section 1. That Section 9:81 of Chapter 109 be amended to read as follows:

9:81. - Possession or consumption by minors.

(1) Except as permitted by state law, a minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content.

(2) A minor who violates this section is responsible for a civil infraction or is guilty of a misdemeanor as follows:

(a) For the first violation, the minor is responsible for a civil infraction and shall be fined not more than $100.00. A court may order the minor to participate in substance use disorder services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as de...

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