§ 10-56. Sales to.

(a)

Alcoholic liquor shall not be sold or furnished to a person less than 21 years of age. Except as otherwise provided in subsection (c), a person who knowingly sells or furnishes alcoholic liquor to a person less than 21 years of age, or who fails to make diligent inquiry as to whether the person has attained 21 years of age, is guilty of a misdemeanor, punishable as provided in section 1-15 of this Code. A retail licensee, as provided in the Michigan Liquor Control Code of 1998, as amended, or a retail licensee's clerk, agent, or employee who violates this subsection as the result of an undercover operation in which the person less than 21 years of age received alcoholic liquor under the direction of a police agency as part of an enforcement action, is responsible for a municipal civil infraction and may be ordered to pay a civil fine of not more than $100.00.00.

(b)

If a violation occurs in an establishment that is licensed by the Michigan Liquor Commission for consumption of alcoholic liquor on the licensed premises, a person who is a licensee, as provided in the Michigan Liquor Control Code of 1998, as amended, or the clerk, agent or employee of a licensee shall not be charged with a violation of subsection (a) 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.

(c)

If the enforcing agency is a police agency a licensee, as provided in the Michigan Liquor Control Code of 1998, as amended, shall not be charged with a violation of subsection (a) unless all of the following occur, if applicable:

(1)

Enforcement action is taken against the person less than 21 years of age who purchased or attempted to purchase, consumed or attempted to consume, or possessed or attempted to possess alcoholic liquor. This subsection does not apply if the violation of subsection (a) is the result of an undercover operation in which the minor purchased or received alcoholic liquor at the direction of a police agency as part of an enforcement action.

(2)

Enforcement action is taken under this section against the person 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 person less than 21 years of age.

(3)

Enforcement action under this section is taken against the clerk, agent or employee who directly sold or furnished alcoholic liquor to the person less than 21 years of age.

(d)

In an action for the violation of this section, proof that the defendant or the defendant's agent or employee demand and was shown, before furnishing alcoholic liquor to a person less than 21 years of age, 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 a defense to an action brought under this section.

(e)

Diligent inquiry means a diligent good faith effort to determine the age of a person, 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 establishes the identity and age of the person.

(Code 1970, § 5-20; Ord. No. 2012-20, 11-19-12)

State law reference

Similar provisions, MCLA 436.33.