City Ord Chapter 5 (ALCOHOL)
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Questions and Answers

According to the provided text, under what circumstances is a minor NOT prohibited from consuming alcoholic liquor?

  • When enrolled in a post-secondary course requiring consumption for educational purposes under faculty supervision. (correct)
  • When the minor is with their spouse.
  • When given to the minor by a medical professional.
  • When attending a private party with parental consent.

What action must a health facility or agency take if a minor voluntarily seeks treatment or observation, and a parent/guardian's name is reasonably available?

  • Obtain a court order before examination.
  • Notify the police.
  • The health facility or agency must notify the parent, guardian or custodian as to the nature of the treatment or obervation. (correct)
  • The health facility is not required to take additional steps.

Which of the following scenarios does not fall under the exceptions related to alcohol consumption by a minor?

  • Consuming alcohol under the supervision of a faculty member as part of a college course requirement.
  • Initiating contact with emergency medical services personnel for a legitimate health concern.
  • Consuming sacramental wine during a religious service at a temple.
  • Consuming alcohol at home without the supervision of a faculty member. (correct)

The text indicates that voluntarily presenting oneself for treatment related to specific violations of the Michigan Penal Code concerning sexual offenses against a minor results in what?

<p>Consideration for treatment or observation at a health facility or agency. (C)</p> Signup and view all the answers

What is the legal implication of the section regarding minors and alcohol?

<p>It does not limit the civil or criminal liability of a vendor or their employees for violations. (C)</p> Signup and view all the answers

What is the initial step a liquor license holder must take when seeking an entertainment permit in Sterling Heights?

<p>Submit an application to the Michigan Liquor Control Commission. (D)</p> Signup and view all the answers

Which entity must notify the City of Sterling Heights before the city considers an entertainment permit application?

<p>The Michigan Liquor Control Commission. (D)</p> Signup and view all the answers

Where should an applicant submit their completed 'City of Sterling Heights Liquor License Application'?

<p>To the City Clerk of Sterling Heights. (B)</p> Signup and view all the answers

Which of the following is NOT explicitly required information on the 'City of Sterling Heights Liquor License Application'?

<p>The applicant's history of community involvement. (B)</p> Signup and view all the answers

Under what condition can the preliminary site plan requirement be waived for an applicant?

<p>If the applicant's site plan remains on file with the city from a previously approved application. (C)</p> Signup and view all the answers

What must accompany the application to cover the costs of investigation, review, and inspection?

<p>A deposit of a nonrefundable fee. (B)</p> Signup and view all the answers

The City Council can request 'any other information pertinent to the applicant.' What condition applies to this?

<p>The applicant must be given prior notice of the information request. (D)</p> Signup and view all the answers

Which of the following describes the purpose of the fee accompanying the City of Sterling Heights permit application?

<p>To cover costs of investigation, review, and inspection by the City of Sterling Heights. (D)</p> Signup and view all the answers

Under what circumstance cannot a minor participate in an undercover operation involving alcohol?

<p>When recruited at the scene of a suspected violation of liquor laws by the State Police. (A)</p> Signup and view all the answers

In a prosecution for violating subsection (A) regarding a minor's bodily alcohol content, what affirmative defense can the minor claim?

<p>The alcohol consumption took place where it is legal. (A)</p> Signup and view all the answers

What is the legal threshold for 'any bodily alcohol content' as defined in the context of minor alcohol consumption?

<p>0.02 grams or more per 100 milliliters of blood. (B)</p> Signup and view all the answers

Which scenario describes when a minor participating in an undercover operation involving alcohol would be exempt from subsection (A)?

<p>The minor is directed by their employer with prior approval from the city attorney's office as part of an internal enforcement action. (C)</p> Signup and view all the answers

According to the definitions provided, to what broader category do both 'emergency medical services personnel' and 'health facility or agency' belong?

<p>The Public Health Code. (C)</p> Signup and view all the answers

A minor consumes alcohol as part of a religious ceremony. Under what condition, according to the provided text, might this consumption not be considered a violation?

<p>If there is any presence of alcohol resulting from a generally recognized religious service or ceremony. (C)</p> Signup and view all the answers

A local police agency is conducting an undercover operation targeting establishments selling alcohol to minors. What restriction applies to their recruitment of minors for this operation?

<p>They cannot recruit minors at the scene of a suspected violation. (A)</p> Signup and view all the answers

If a minor is found to have 'any bodily alcohol content', which measurement would not be used to determine if they are in violation?

<p>The presence of a specific type of alcohol (e.g., ethanol). (B)</p> Signup and view all the answers

An application, previously denied by the City Council, can be resubmitted within six months under which condition?

<p>If there is a material change in circumstances, as confirmed by the investigating department(s). (D)</p> Signup and view all the answers

According to the content, what does 'DENIED BY THE CITY COUNCIL' specifically refer to?

<p>A vote or resolution passed or ratified at an official City Council meeting. (D)</p> Signup and view all the answers

What information is the applicant expected to discuss when requesting council consideration of approval?

<p>Cost estimates for the building, furnishing and fixtures, details regarding site plan aesthetic features, and information of the operation of the facility. (A)</p> Signup and view all the answers

The 'SUBMISSION DATE' of an application is defined as:

<p>The date the City Clerk received the new or renewed application. (B)</p> Signup and view all the answers

According to the information, what constitutes a 'MATERIAL CHANGE IN CIRCUMSTANCES'?

<p>New or different facts that tend to eliminate or substantially mitigate the reason(s) for the prior denial of the application. (C)</p> Signup and view all the answers

What action does the City Clerk take upon receiving a written notice from an applicant requesting consideration of approval?

<p>The City Clerk causes the application to be placed on the agenda of the City Council for action within a reasonable time. (D)</p> Signup and view all the answers

What specific information regarding staffing is the applicant expected to provide during the Council's consideration for approval?

<p>An estimate of the number of employees required for the operation and information on the individual(s) expected to manage the operation. (B)</p> Signup and view all the answers

What is the implication of subsection (9) regarding the re-application process?

<p>It does not create any rights of appeal or re-application within the six month waiting period. (B)</p> Signup and view all the answers

According to the provided text, what documentation, if presented before furnishing alcohol to a minor, can serve as a defense in an action for violation?

<p>A motor vehicle operator's license, a military identification card, or other bona fide documentary evidence of age and identity. (D)</p> Signup and view all the answers

What constitutes a 'diligent inquiry' when attempting to verify a person's age, according to the text?

<p>An examination of an official Michigan operator's license, a Michigan personal identification card, a military identification card, or any other bona fide picture identification which establishes the identity and age of the person. (D)</p> Signup and view all the answers

Under what condition is a police officer authorized to stop and detain someone, according to the text?

<p>When the officer witnesses a violation of § 5-1, allowing them to obtain identification and seize illegally possessed alcohol. (A)</p> Signup and view all the answers

What is prohibited under the rule defined in section 5-3?

<p>Bringing any alcoholic beverage into an establishment licensed to sell alcoholic beverages. (C)</p> Signup and view all the answers

Which of the following actions is prohibited regarding a person in an intoxicated condition?

<p>Selling, serving, or furnishing any alcoholic liquor to them. (C)</p> Signup and view all the answers

What activity by a licensee is specifically prohibited on the licensed premises?

<p>Being in an intoxicated condition. (A)</p> Signup and view all the answers

A bar owner notices a patron stumbling and slurring their speech. What actions should the bar owner take, according to the text?

<p>Offer the patron water and prevent them from consuming more alcohol on the premises. (B)</p> Signup and view all the answers

What is the primary purpose of requiring a 'diligent inquiry' when checking someone's identification for alcohol service?

<p>To make a good faith effort to verify the age and identity of the person to prevent illegal sales to minors. (D)</p> Signup and view all the answers

What is the City Council authorized to do after an applicant's presentation?

<p>Approve the application, postpone consideration, or reject the application. (A)</p> Signup and view all the answers

What condition applies to an approval granted by the City Council?

<p>Fulfillment of all conditions imposed and obtaining necessary permits within six months. (D)</p> Signup and view all the answers

What must an applicant do if they want to change the seating arrangement after the City Council grants approval?

<p>Receive necessary departmental approvals as well as approval from the City Council. (D)</p> Signup and view all the answers

What role does the City Council play with respect to permits from the Liquor Control Commission of the State of Michigan?

<p>The City Council recommends the applicant for permit issuance after building completion and prior Council approval. (A)</p> Signup and view all the answers

Which statement best describes the City Council's authority regarding the issuance of licenses and permits?

<p>The City Council reserves the right to exercise reasonable discretion in determining who is entitled to licenses and permits. (C)</p> Signup and view all the answers

When transferring an existing liquor license, what information must the transferee applicant provide?

<p>A copy of any files in the Michigan Liquor Control Commission's possession regarding their investigation of the transferee. (C)</p> Signup and view all the answers

A business owner is seeking to transfer a pre-existing entertainment permit. Besides the standard application process, what additional requirement must they fulfill according to the text?

<p>Furnish a copy of any and all files which may be in the Michigan Liquor Control Commission's possession regarding that Commission's investigation of the transferee. (C)</p> Signup and view all the answers

A local restaurant owner is applying to renew their liquor license. A resident objects, citing noise complaints. How might these objections be relevant, based on the text?

<p>Objections to renewal and requests for revocation are considered under procedures not detailed in this excerpt. (C)</p> Signup and view all the answers

Flashcards

Treatment for Sexual Assault

A minor voluntarily seeking treatment at a health facility for conditions arising from specific sexual offenses committed against them.

Medical Assistance Exception

A minor contacting a police officer or EMS personnel for the purpose of obtaining medical assistance for a legitimate health concern.

Notification of Treatment

If a minor seeks treatment, the health facility must notify the parent, guardian, or custodian if possible.

Vendor Liability

This section does not limit the civil or criminal liability of a vendor or the vendor's clerk, servant, agent, or employee for a violation of this chapter.

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Educational Alcohol Use

Consumption of alcohol for educational purposes, under supervision in an accredited post-secondary institution is not prohibited.

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Liquor Control Commission

Signs about alcohol must be approved/provided by this group.

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Diligent Inquiry

Good faith effort to check someone's age, including checking their ID.

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Acceptable IDs

Acceptable forms of ID for age verification.

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Outside Alcohol Prohibition

Bringing alcohol into a licensed alcohol establishment.

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Serving Intoxicated Persons

Prohibition against serving alcohol to someone who is drunk.

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Intoxicated Consumption

Allowing an intoxicated person to drink on the licensed premises.

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Intoxicated Employee

Being drunk while working at a licensed alcohol establishment.

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Defense to Violation

Proof of checking ID can be used as a defense.

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Minor Alcohol Purchase Exception (Employer)

Subsection (A) doesn't apply if a minor purchases alcohol under the direction of their employer with prosecutor approval as part of an employer-sponsored internal enforcement action.

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Minor Alcohol Purchase Exception (Police)

Subsection (A) doesn't apply to undercover operations directed by State Police, Liquor Control Commission, or a local police agency.

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Undercover Recruitment Restriction

Law enforcement can't recruit minors at the scene of a violation for undercover alcohol operations.

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Affirmative Defense: Legal Consumption

In a prosecution for a minor having any bodily alcohol content, the minor consumed the alcohol where that consumption is legal is an affirmative defense.

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"Any Bodily Alcohol Content" Definition (numerical)

An alcohol content of 0.02 grams or more per 100ml of blood, 210L of breath, or 67ml of urine.

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"Any Bodily Alcohol Content" Definition (general)

Any presence of alcohol in the body from drinking, excluding religious ceremonies.

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"Emergency medical services personnel" Definition

Defined in Section 20904 of the Public Health Code, Public Act 368 of 1978, M.C.L.§ 333.20904

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"Health facility or agency" Definition

Defined in Section 20106 of the Public Health Code, Public Act 368 of 1978, M.C.L.§ 333.20106.

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Denied by the City Council

Official action (vote/resolution) by the City Council during a formal meeting.

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Submission Date

The date the City Clerk's office received the application.

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Material Change in Circumstances

New facts that significantly reduce prior reasons for denial.

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No Re-application Rights

Applicant cannot claim rights to appeal during the six-month waiting period.

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Request for Consideration

Written notification to the City Council asking for the application to be formally considered.

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City Clerk's Duty

The City Clerk will add the applications to the City Council agenda for a vote within a reasonable time.

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Cost Estimates

Building, furnishing, and fixture costs.

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Site Plan Information

Landscaping and other visual aspects.

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City's Notification

The city informs the Michigan Liquor Control Commission of the application and its recommendation.

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Order of Application

Submit to the MLCC before applying to the City for entertainment or other permits.

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Application Submission

A current and fully completed application form provided by the City Clerk must be summited.

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Application Information

Name/address, license type, property address, a site plan, applicant's character/experience, other info, and a nonrefundable fee.

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Site Plan Waiver

Site plans can be waived if a previous application has been approved by the city and granted by the MLCC.

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Preliminary Site Plan

Shows the structure's relation to surrounding property and uses.

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Nonrefundable Fee

Covers the costs of investigation, review, and inspection by the City of Sterling Heights.

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City Council's Information Request

The City Council can request info pertinent to application and facility operation if provided prior notice.

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City Council Application Decisions

City Council can approve, postpone, or reject applications. Approval depends on obtaining necessary permits within six months and fulfilling conditions.

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Changes to Approved Plans

Changes to plans after City Council approval require new departmental and City Council approvals.

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License/Permit Recommendation

Upon building completion, the City Council recommends the applicant for licenses/permits to the Liquor Control Commission.

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City Council Authority

The City Council reserves the right to decide who receives licenses/permits.

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Transfer Requirements

Transferring existing licenses/permits requires meeting all new license/permit requirements, criteria, and procedures.

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Transferee File Submission

Transferee applicant must provide the Michigan Liquor Control Commission's files regarding their investigation as a previous licensee.

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Liquor License Transfer

Transferring a liquor license is subject to the same requirements, criteria, and procedures of a new liquor license.

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Files from Liquor Control

The transferee applicant must furnish a copy of any files by the Michigan Liquor Control Commission.

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