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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6417 January 12, 1987 DISTRICT COURTS: Assessment of court costs in liquor control act infraction cases Assessment of fee for justice training fund in liquor control act infraction cases FINES AND PENALTIES: Collection of fines imposed in liquor control act infraction cases INTOXICATING LIQUORS: Fines and penalties for liquor control act infractions MOTOR VEHICLES Suspension or revocation of operator's license for failure to pay fines imposed for liquor control act infractions A district court is empowered to assess costs of not less than $5.00 and not more than $100.00 in civil infraction determinations arising under the liquor control act. A district court is not empowered to impose the $5.00 assessment for the Michigan Justice Training Fund for civil infraction determinations arising under the liquor control act. In the event that a person fined for a civil infraction under the liquor control act fails to pay the fine, the county prosecuting attorney may obtain execution against the property of the person and the person may be subject to civil arrest where execution has been issued and such property is insufficient to pay the judgment of the district court. A person's operator's license is not subject to suspension or revocation for failure to pay a fine imposed for a civil infraction arising under the liquor control act. Cris J. VanOosterum Prosecuting Attorney County of Mason Ludington, MI 49431 You have requested my opinion on three questions concerning the penalty provisions of the Michigan liquor control act, MCL 436.1 et seq; MSA 18.971 et seq., for persons less than 21 years of age who purchase, consume, or possess alcoholic liquor in violation of MCL 436.33b; MSA 18.1004(2). Your first question is: May the district court assess court costs in addition to the fines provided for by MCL 436.33b; MSA 18.1004(2), and if so, in what amount? MCL 436.33b; MSA 18.1004(2), provides in pertinent part: "(1) A person less than 21 years of age shall not purchase alcoholic liquor, consume alcoholic liquor in a licensed premises, or possess alcoholic liquor, except as provided in section 33a(1) of this act. (1) A person less than 21 years of age who violates this subsection is liable for the following civil fines and shall not be subject to the penalties prescribed in section 50: (2) "(i) For the first violation a fine of not more than $25.00. "(ii) For a second violation a fine of not more than $50.00, or participation in substance abuse prevention services as defined in section 6107 of Act No. 368 of the Public Acts of 1978, being section 333.6107 of the Michigan Compiled Laws and designated by the administrator of substance abuse services, or both. "(iii) For a third or subsequent violation a fine of not more than $100.00, or participation in substance abuse prevention services as defined in section 6107 of Act No. 368 of the Public Acts of 1978, and designated by the administrator of substance abuse services, or both. "(4) This section shall not be construed to prohibit a person less than 21 years of age from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by this act, by the liquor control commission, or by an agent of the liquor control commission, if the alcoholic liquor is not possessed for his or her personal consumption. "(6) The consumption of alcoholic beverages by a person under 21 years of age who is enrolled in a course offered by an accredited post secondary educational institution in an academic building of the institution under the supervision of a faculty member shall not be prohibited by this act if the purpose is solely educational and a necessary ingredient of the course." MCL 600.8375; MSA 27A.8375, provides that in civil infraction actions, the district court may assess costs as provided in MCL 257.907; MSA 9.2607. That section provides that the costs assessed in a civil infraction action shall be not less than $5.00 and not more than $100.00. It is my opinion, in answer to your first question, that a district court may assess costs in addition to the fines allowed by MCL 436.33b; MSA 18.1004(2), subject to the limitations set forth in MCL 257.907; MSA 9.2607. Your second question is: When the district court fines a person pursuant to MCL 436.33b; MSA 18.1004(2), must the court assess a mandatory $5.00 fee which shall be deposited into the Michigan Justice Training Fund? The source of the mandatory assessment of $5.00 to which you refer is set forth in the Michigan Vehicle Code, MCL 257.907(13); MSA 9.2607(13), which provides in pertinent part: "In addition to any fines and costs ordered to be paid under this section, the judge, district court referee, or district court magistrate shall levy an assessment of $5.00 for each civil infraction determination, except for a parking violation or a violation for which the total fine and costs imposed are $10.00 or less. Upon payment of the assessment, the clerk of the court shall transmit the assessment levied to the state treasury to be deposited into the Michigan justice training fund." Provision for the mandatory $5.00 assessment to be imposed in addition to any fines and costs is found only in the Michigan Vehicle Code, MCL 257.907(3); MSA 9.2607(3). No comparable provision exists in the Michigan liquor control act. It is my opinion, in answer to your second question, that the district court may not assess a fee of $5.00 to be deposited in the Michigan Justice Training Fund for civil infractions related to violations of the Michigan liquor control act. Your third question is: When a person fined pursuant to MCL 436.33b; MSA 18.1004(2), fails to pay the amount due, a) what methods, if any, are available to enforce the payment of the fine; and b) can the person's operator's license be suspended? The Revised Judicature Act, C 48, MCL 600.4801 et seq; MSA 27A.4801 et seq, deals with the collection of penalties and fines. MCL 600.4805; MSA 27A.4805, provides: "Unless otherwise specially provided for by law, if a penalty is incurred by any person and the act or omission for which the same is imposed is not also a misdemeanor, such penalty may be recovered in a civil action." MCL 600.4801; MSA 27A.4801, defines the term "penalty" to include fines. MCR 3.605(E) provides: "When a fine is imposed by a court on a person, without an order for the immediate commitment of the person until the fine is paid, the clerk of the court shall deliver a copy of the order imposing the fine to the prosecuting attorney of the county in which the court is held, or the municipal attorney in the case of a fine that is payable to a municipality. The prosecuting attorney (or municipal attorney) shall obtain execution to collect the fine." It is my opinion, in answer to the first part of your third question, that when a person fined pursuant to MCL 433.33b; MSA 18.1004(2), fails to pay the amount due, the county prosecuting attorney may obtain execution against the person's property in satisfaction of the judgment and an arrest warrant if the execution issues and the property is insufficient to satisfy the judgment. It should be noted that on an action to recover a fine or penalty, a person may be subject to civil arrest where execution has been made and returned against all the person's property in the county where execution issued and such property is insufficient to satisfy the judgment, and the arrest warrant issues within 30 days from the return of the execution. MCL 600.6075(2) and 600.6076; MSA 27A.6075(2) and 27A.6076. Addressing the second part of your third question, the Legislature has granted to the Secretary of State authority to suspend or revoke a person's license to operate a motor vehicle in a multitude of circumstances, including those where the person has been convicted for certain felony offenses, convicted for drinking and driving offenses, involved in an excessive number of accidents, or charged with an excessive number of points for certain convictions, infraction determinations or probate court findings. See, MCL 257.319, 257.320, and 257.320a; MSA 9.2019, 9.2020 and 9.2020a. The Secretary of State has not, however, been granted authority to suspend or revoke a person's license for failure to pay a fine resulting from a violation of the liquor control act. Nor has the Legislature provided within that act for the suspension or revocation of a person's license for such a failure. It is my opinion, in answer to the second part of your third question, that failure to pay a fine imposed pursuant to MCL 436.33b; MSA 18.1004(2), may not result in the suspension of the person's operator's license. Frank J. Kelley Attorney General (1)
(2)
MCL 436.50; MSA 18.1021, provides misdemeanor or felony penalties for violations of the liquor control act.
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