Liquor Control

An ordinance to secure the public peace, health and safety of the residents and property owners of the Township of _______, _______ County, Michigan, a municipal corporation, for the regulation of alcoholic liquor traffic within said Township through the enforcement of the Michigan Liquor Control Code of the State of Michigan within said Township; to provide penalties for the violation of said ordinance; and to repeal all ordinances and parts of ordinances in conflict therewith.

THE TOWNSHIP OF _______, ________ COUNTY, MICHIGAN, ORDAINS:

Section 1: Title
This ordinance shall be known and cited as the _________ Township Liquor Control Ordinance.

Section 2: Liquor Control Code of the State of Michigan
All alcoholic liquor traffic, including, among other things, the manufacture, sale, offer for sale, storage for sale, possession and/or transportation thereof within ________ Township, ________ County, Michigan, shall comply with the provisions of the Michigan Liquor Control Code of 1998, being Public Act 58 of 1998, as amended, (MCL 436.1101, et seq.).

Section 3: Enforcement
For the purpose of the enforcement of said Michigan Liquor Control Code within said Township, there is hereby established a Liquor Control Enforcement Department with full power, authority, and duty to see that the provisions of the Code and the rules and regulations of the Michigan Liquor Control Commission adopted pursuant to the Code are enforced within said Township.

Such department shall consist of not less than one Constable or deputy sheriff appointed by the Township Board and such other personnel as the Township Board may, in its discretion, appoint. The personnel of such department shall be entitled to such compensation as the Township Board may determine.

Such department or a member thereof shall be available at all times to investigate complaints received under this ordinance and enforce the provisions hereof.

Section 4: Inspection
The Township Liquor Control Enforcement Department shall inspect, not less than monthly, all liquor establishments licensed under the Liquor Control Code of the State of Michigan and report the results of all inspections promptly to the Township Board.

The Township Liquor Control Enforcement Department shall further promptly investigate all complaints received by it concerning violations of the Michigan Liquor Control Code or improper operations and practices concerning alcoholic liquor traffic with the Township and report the same to the Township Board and, where appropriate under the Michigan Liquor Control Code, to the Michigan Liquor Control Commission, for appropriate proceedings against the violator.

All Inspectors shall carry appropriate cards issued by the Township Clerk clearly identifying them as Township Liquor Control Inspectors and shall present said cards to the owner or manager of every place inspected by them when making an inspection upon demand for identification by such owner or manager.

Inspectors shall have the right to inspect any place in the Township where alcoholic liquor is manufactured, sold, offered for sale, kept for sale, possessed or transported, or where the inspector suspects the same is being thus manufactured, sold, offered for sale, kept for sale, possessed or transported.

Whenever possible, all inspection reports shall be made on liquor law enforcement forms furnished by the Michigan Liquor Control Commission or on similar forms otherwise obtained by the Township Liquor Control Enforcement Department.

Section 5: Appropriation
For the purpose of carrying out the provisions of this ordinance and establishing the Liquor Control Enforcement Department herein provided for, the Township Board hereby appropriates the sum of $______ for such use, and is hereby authorized and directed to annually appropriate such an amount as will, in its discretion, be sufficient to maintain and operate such Liquor Control Enforcement Department for the ensuing fiscal year of the Township not exceeding, however, 10 mills of the assessed valuation of the Township in any one year for vehicles, apparatus and equipment and housing for the same, plus an amount necessary per year for the maintenance and operation of the department.

Section 6: Penalties
Any person, other than persons required to be licensed under the Michigan Liquor Control Code, who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor.

Any licensees who shall violate any of the provisions of the Michigan Liquor Control Code or any rule or regulation of the Michigan Liquor Control Commission promulgated thereunder, or who shall violate any of the provisions of this ordinance, and any person who shall prohibit or interfere with the authorized inspection of a member of the Township Liquor Control Enforcement Department shall be guilty of a misdemeanor, punishable by imprisonment in the county jail not more than 90 days or by a fine of not more than $100 or both, in the discretion of the court. Each day that a violation continues to exist shall constitute a separate offense.

It is the intent of the Township Board that the court, in imposing punishment under the provisions of this ordinance, should discriminate between casual or slight violations and habitual sales of alcoholic liquor or attempts to commercialize violations of this ordinance or any of the rules or regulations of the Michigan Liquor Control Commission promulgated under the Michigan Liquor Control Code.

Note: This ordinance is written to be enforced as a criminal misdemeanor. If your Township intends to enforce this ordinance as a civil infraction, the penalty provision will need to be revised. Please consult your local attorney, or contact Michigan Townships Association for sample civil infraction penalty provisions and enforcement guidelines.

Section 7: Effective Date
This ordinance shall take effect on the ___ day of _______, 20___. All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed.

The purpose of this sample ordinance is to provide a suggested guideline for the types of items that should be included within an ordinance. Certainly, no sample ordinance should be used unless, after careful review, it is the professional judgment of your legal counsel that using the sample will accomplish the particular objectives and intentions of your Township. Although these sample ordinances are the result of much thought and effort, neither the authors nor the Michigan Townships Association assumes any responsibility for the results of using these samples word-for-word in individual cases.