Central Michigan University

The following summary covers sections of the Michigan Liquor Control Act, MCLA 436.1201 et seq., relating to the possession, consumption and sale of alcoholic beverages. Laws and administrative rules governing establishments licensed by the Michigan Liquor Control Commission as well as sections of the law dealing with licensure, importation, taxation, wholesaling and manufacturing of alcoholic liquor are not included in the summary. Michigan's drunken driving laws also are excluded.

Not all laws relevant to a particular situation are included here. The summary is intended strictly as an educational tool and should not be construed as legal advice.

A. Alcoholic Liquor Defined

"Alcoholic liquor" means any spirituous, vinous, malt or fermented liquor, liquids and compounds containing one-half of 1 percent or more of alcohol by volume that are fit for use for beverage purposes. In this document the terms "alcoholic liquor," "alcoholic beverage" and "beverage alcohol" are used interchangeably.

B. Drinking Laws

It is illegal for a person under 21 years of age to purchase, consume or possess alcoholic liquor, for example:
* A person less than 21 years of age, who purchases, consumes, possesses or attempts any of the aforementioned as it relates to alcoholic liquor is now guilty of a misdemeanor. A police officer who has reasonable cause to believe that a person less than 21 years of age has consumed alcoholic liquor may require that individual to submit to a portable breath test. A reading of .02 percent or more by weight of alcohol creates a legal presumption that the individual has consumed or possessed alcoholic liquor. A person, less than 21 years of age, who refuses to submit to a portable breath test may be cited for a civil infraction violation.

* No alcoholic liquors shall be consumed on any public highway, street, alley within this state, nor within the city of Mount Pleasant, in any public place or place of amusement or recreation open to the public not licensed by the state to sell alcoholic liquors. No person shall transport or possess any alcoholic liquor in a container that is open, uncapped, or upon which the seal is broken, on the public streets, sidewalks or rights of ways of the city of Mount Pleasant.

A person who violates this law is liable for criminal and/or civil penalties including fines or participation in a substance abuse program or both.

It is a misdemeanor for a person under 21 years of age to knowingly transport or possess alcoholic liquor in a motor vehicle unless the activity is part of the minor's employment by a liquor licensee or other authorized agent of the Liquor Control Commission.

Alcoholic liquor may not lawfully be sold, traded or otherwise furnished to a person under the age of 21 years. It is a misdemeanor to knowingly sell or furnish alcoholic liquor to a person under the age of 21 or to fail to make a diligent inquiry as to whether the person is under the age of 21.

C. Fraudulent Identification

It is a misdemeanor to furnish a person less than 21 years old with fraudulent identification and for a person less than 21 years of age to use fraudulent identification to purchase alcoholic liquor. The individual who is convicted of using fraudulent identification to purchase alcoholic beverages will be assessed penalties for the misdemeanor and will have his or her driver's license suspended for 90 days.

D. Regulation of Sale Laws

Under Michigan law, the sale, trade or giving away of alcoholic liquor-including alcoholic liquor intended for personal use-requires a license or other prior written authorization from the Liquor Control Commission. A person who does not obtain a liquor license in situations that require one is guilty of a felony, punishable by imprisonment for not more than one year, a fine of not more than $1,000 or both.

E. Open Container Laws

The consumption of alcoholic liquor on Michigan's public highways is forbidden by law. It is unlawful to transport or possess alcoholic liquor in a container that is open, uncapped or upon which the seal is broken within the passenger compartment of a motor vehicle on state highways.

F. CMU Code of Student Rights, Responsibilities and Disciplinary Procedures

Section 3.2.13 of CMU's student code of conduct states that a student shall not possess, consume or furnish, or aid in the consumption or furnishing of, alcoholic beverages except as permitted by law and university policy.