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Alcohol Consumed in a Building

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  • 06-15-2010, 10:53 AM
    PandorasBox
    Alcohol Consumed in a Building
    I have to keep this one in the Sr Forum....

    The scenario: A school building is built. After one year, it is closed.

    The school board meets at a different building. There is no administration in this new building.

    Portions of the building are now used for: Community College classes (remote classes). Been used for a movie (a stoner flick). And a TV production.

    The contract for use of the building states nothing about Zero Tolerance.

    TV production has a cast/crew party. School district is pissed about alcohol being at the party.

    Technicality:....the building is not being used as a school. So having a party with alcohol would be permissible, correct?
  • 06-15-2010, 11:03 AM
    cdwjava
    Re: Alcohol Consumed in a Building
    In what state?

    Does the school district still own and maintain the property? Does the contract under which the cast and crew operate permit the possession of alcohol on the property?

    It will depend, I think, on the laws in your state. Do they prohibit the consumption of alcohol on any property owned by a school? Only on property actively used as a school? The fact that portions of the building are still used as a school (community college) I would think that it still falls under whatever rules exist for schools.

    There may also be consumption issues based upon licensing matters. This is not a private residence and may well be subject to liquor licensing if consuming alcohol on commercial property.

    Ultimately, since the property belongs to the school district, I'd say they have control over what is done unless it is something that is included in the contract. But, if it is said and done and the party is in the past, then there is really very little the district can do about it except to yank the contract should there be a provision to do so.
  • 06-15-2010, 11:08 AM
    PandorasBox
    Re: Alcohol Consumed in a Building
    It's Michigan.

    Where people are complaining about film incentives.

    I don't have the paperwork, just the "he says/she says" version.

    Person A says it's school property and they're paying the bills.

    Person B says the building has not been used as a school in almost 3 years now (known fact), aside from the use of a satellite of a Community College.

    The TV series is reportedly paying rent and utilities for their production.
  • 06-15-2010, 11:17 AM
    cdwjava
    Re: Alcohol Consumed in a Building
    If the contract does not allow for the consumption of alcohol nor waive any of the rights and responsibilities of the property as a school, I'd say that since it is owned by the district and school IS held there, it is a school for purposes of the law.

    But, the production people can certainly thumb their noses at the district. they can then hope the police are not called, and they can also hope they do not need the facility any more so that when the district tells them to get lost, they can do so without any problems.

    Okay, here is the definition of a "school" per section 436.1111 in the Michigan Liquor Control Act:

    (8) "School" includes buildings used for school purposes to provide instruction to children in grades kindergarten through 12, when that instruction is provided by a public, private, denominational, or parochial school, except those buildings used primarily for adult education or college extension courses. School does not include a proprietary trade or occupational school.

    So, it refers to the building. By that, I would assume that if any PART of the building is used for education (and assuming it is still zoned as a school and not a subcontracted commercial space) then it meets this definition under the MI liquor laws.

    However, it also seems to indicate (if I am reading it correctly) that college and adult education courses are not considered schools for this purpose.

    I am NOT going to read the entire act to try and interpret whether or not a license is required based upon it being a commercial property or not ... too much reading.

    Bottom line, if they really want to have the cast party with alcohol, they might put themselves at risk. They can always seek a legal opinion from an attorney, but that might not do them much good if the cops show up.
  • 06-15-2010, 12:21 PM
    PandorasBox
    Re: Alcohol Consumed in a Building
    They had the party back in May, from what the news article is stating. No cops. The School District is using that as one reason (or excuse) to not renew the contract.

    I just find it a very interesting case. And with doing some work in the industry (and it's local)...

    Thanks for the input!
  • 06-15-2010, 12:30 PM
    cdwjava
    Re: Alcohol Consumed in a Building
    The district probably looked at it as something that put added liability on them so they were concerned. I know I would be.
  • 06-15-2010, 04:22 PM
    PandorasBox
    Re: Alcohol Consumed in a Building
    Thanks for replies.

    Michigan is just getting started in the Movie industry, so there's a lot of new territory, etc.
  • 07-14-2010, 04:39 AM
    weer
    Re: Alcohol Consumed in a Building
    In Europe, for example in Spain you can see people drinking on the streets (and they are really getting drunk) without any problems. And the best thing is that those people are sometimes only 16 years old. And it is completely legal!
  • 07-14-2010, 11:44 AM
    cdwjava
    Re: Alcohol Consumed in a Building
    Quote:

    Quoting weer
    View Post
    In Europe, for example in Spain you can see people drinking on the streets (and they are really getting drunk) without any problems. And the best thing is that those people are sometimes only 16 years old. And it is completely legal!

    That's "best?" Okay.

    Of course, we are not in Spain ... or Europe.
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