Oxford Township officials took the first step last week toward potentially approving a new ordinance that would mirror a change in state law regarding the penalties for minors purchasing, possessing or consuming alcoholic beverages.

Following a first reading of the potential language, township officials voted 7-0 to set a second reading for the 7 p.m. Wednesday, March 14 meeting, during which the board could vote to adopt the ordinance.

According to township Prosecutor Ralph “Skip” Maccarone, under the current ordinance, a minor (someone under the age of 21) found in possession of alcohol is guilty of a misdemeanor and faces penalties of up to 90 days in jail and/or a fine of up to $500, plus costs, which can increase the total financial burden to “close to $800.”

However, under the new state law, a minor-in-possession first offense is a civil infraction, not a crime, and the violator is subject to a fine of “not more than $100.”

“There’s no jail (time) imposed, however, there is a catch,” Maccarone said.

The judge may order the minor to undergo treatment for substance abuse, perform community service and/or undergo substance abuse screening at his or her own expense.

“The rest is up to them if they obey what the court says,” Maccarone said.

If they don’t obey, Maccarone explained they could face a contempt charge, which is punishable by up to six months in jail and a fine of up to $7,500. “So, there’s a catch in this change in the statute,” he said.

Township Supervisor Bill Dunn liked the idea of giving young people a second chance if they make a “stupid mistake.”

“I don’t think it should mar the rest of his (or her) life,” he said.

“When I was (age) 16 to 20, I did a lot of stupid things and by the grace of God, I survived it,” Dunn noted.

Even though there’s no criminal record for a first offense, Maccarone said, “There is a record (kept) in the Secretary of State’s office,” so law enforcement officers in the field will be able to determine if this is the violator’s first offense or the person is a repeat offender.

“Many, many youths who are charged with minor in possession are repeat offenders, ultimately. That is my experience,” he noted.

Maccarone noted first-offender status “can only be used once. You don’t get a second bite of the apple.”

Under state law, minors who commit a second offense are guilty of a misdemeanor and face a punishment of up to 30 days in jail and/or a fine of “not more than $200.”

The third offense and beyond is also a misdemeanor, however, the punishment increases to “not more than 60 days” in jail and/or a fine of “not more than $500.”

Dunn asked if this proposed ordinance could in any way hinder a police officer’s ability to exercise discretion in the field.

“Police officers always have discretion,” replied Maccarone, and as “street-level bureaucrats,” they “have the highest level of discretion.”