A. 
Alcoholic beverages in public areas.
(1) 
Regulations. It shall be unlawful for any person to sell or serve, or offer to sell or serve, or to consume or to carry or expose to view any open container of any alcoholic beverage upon any street, sidewalk, alley, public parking lot, highway, cemetery, drives or parking areas for business held out to the public, or other public area within the Village or on private property without the owner's consent. Village-owned parks or recreation areas are exempt from this prohibition, except that glass containers are prohibited.
(2) 
Private property held out for public use. It shall be unlawful for any person to consume any alcoholic beverages upon any private property held open for public use within the Village unless the property is specifically named as being part of a licensed premises.
(3) 
Leaving licensed premises with open container.
(a) 
It shall be unlawful for any licensee, permittee or operator to permit any patron to leave the licensed premises with an open container containing any alcoholic beverage.
(b) 
It shall be unlawful for any patron to leave a licensed premises with an open container containing any alcoholic beverage.
(c) 
It shall be unlawful for any patron to remove an original unopened package, container or bottle containing any alcoholic beverage, container or bottle containing any alcoholic beverage from the licensed premises between the hours of 9:00 p.m. and 8:00 a.m.
(4) 
Exceptions.
(a) 
The provisions of this section may be waived by the Village Board for duly authorized events.
(b) 
This section shall not apply to any organization which has been issued a special Class "B" fermented malt beverage picnic license pursuant to this chapter.
B. 
Definitions.
(1) 
As used in this section, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Includes all ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, as well as all liquors and liquids made by the alcoholic fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar, which contain 1/2 of 1% or more of alcohol by volume and which are fit for use for beverage purposes.
PUBLIC AREA
Any location within the Village which is open to access to persons not requiring specific permission of the owner to be at such location including all parking lots serving commercial establishments.
A. 
Sales of alcoholic beverages to underage persons.
(1) 
No person may procure for, sell, dispense or give away any fermented malt beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, or procure for, sell, dispense or give away any intoxicating liquor to any underage person.
(2) 
No license or permittee may sell, vend, deal or traffic in fermented malt beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, or sell, vend, deal or traffic in intoxicating liquor to or with any underage person.
B. 
Penalties.
(1) 
A person who commits a violation of Subsection A above is subject to a forfeiture of:
(a) 
Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or
(b) 
Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
(2) 
In addition to the forfeitures provided in Subsection B(1)(a) and (b) above, a court shall suspend any license issued under this chapter to a person violating Subsection A pursuant to § 125.07(1)(b)3, Wis. Stats.
C. 
Sale of alcoholic beverages to intoxicated persons.
(1) 
No person may procure for, sell, dispense or give away alcoholic beverages to a person who is intoxicated.
(2) 
No licensee or permittee may sell, vend, deal or traffic in alcoholic beverages to or with a person who is intoxicated.
D. 
Penalties. Any person who violates Subsection C above shall be subject to a forfeiture of not less than $100 nor more than $500 and, on default of payment of such forfeiture, shall be imprisoned until such forfeiture is paid, but not to exceed 60 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Restrictions. An underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age may not enter or be on any premises for which a license or permit for the retail sale of alcoholic beverages has been issued for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his or her employe. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises. This section does not apply to:
(1) 
An underage person who is a resident, employee, lodger or boarder on the premises controlled by the proprietor, licensee or permittee of which the licensed premises consists or is a part.
(2) 
An underage person who enters or is on a "Class A" retail intoxicating liquor premises for the purpose of purchasing edibles or beverages other than alcoholic beverages. An underage person so entering the premises may not remain on the premises after the purchase.
(3) 
Hotels, drugstores, grocery stores, bowling alleys, cars operated by any railroad, regularly established athletic fields, stadiums or public facilities as defined in § 125.51(5)(b)1d, Wis. Stats., which are owned by a county or municipality.
(4) 
Premises in the state fair park, concessions authorized on state-owned premises in the state parks and state forests as defined or designated in Chs. 27 and 28, Wis. Stats., and parks owned or operated by agricultural societies.
(5) 
Ski chalets, golf clubhouses and private tennis clubs.
(6) 
Premises operated under a Class "B" or "Class B" license or permit and a restaurant permit where the principal business conducted is that of a restaurant. If the premises are operated under both a Class "B" or "Class B" license or permit and a restaurant permit, the principal business conducted is presumed to be the sale of alcoholic beverages, but the presumption may be rebutted by competent evidence.
(7) 
An underage person who enters or remains in a Class "B" or "Class B" premises for the purpose of transacting business at an auction or market, if the person does not enter or remain in a room where alcoholic beverages are sold or furnished.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(8) 
An underage person who enters or remains in a room on Class "B" or "Class B" licensed premises separate from any room where alcoholic beverages are sold or served for the purpose of engaging in marching or drilling with a group of other persons, if no alcoholic beverages are furnished or consumed by any person in the room where the underage person is present and the presence of underage persons is authorized under this subsection. An underage person may enter and remain on Class "B" or "Class B" premises under this subsection only if the municipality which issued the Class "B" or "Class B" license adopts an ordinance permitting underage persons to enter and remain on the premises as provided in this subsection, and the law enforcement agency responsible for enforcing the ordinance issues to the Class "B" or "Class B" licensee a written authorization permitting underage persons to be present under this subsection on the date specified in the authorization. Before issuing the authorization, the law enforcement agency shall make a determination that the presence of underage persons on the licensed premises will not endanger their health, welfare or safety or that of other members of the community. The licensee shall obtain a separate authorization for each date on which underage persons will be present on the premises.
B. 
Penalties. A licensee or permittee who directly or indirectly permits an underage person to enter or be on a licensed premises in violation of Subsection A is subject to a forfeiture of not more than $500.
A. 
Any underage person who does any of the following is guilty of a violation:
(1) 
Procures or attempts to procure alcoholic beverages.
(2) 
Knowingly possesses or consumes intoxicating liquor.
(3) 
Enters or is on licensed premises in violation of § 269-23A.
(4) 
Falsely represents his or her age for the purpose of receiving alcoholic beverages from a licensee or permittee.
B. 
Any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age who knowingly possesses or consumes fermented malt beverages is guilty of a violation.
C. 
Any person violating Subsection A or B is subject to the following penalties:
(1) 
For a first violation, a forfeiture of not more than $50, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program under Subsection D, or any combination of these penalties.
(2) 
For a violation committed within 12 months of a previous violation, either a forfeiture of not more than $100, suspension of the person's operating privilege as provided under § 343.30(6)(b)2, Wis. Stats., participation in a supervised work program under Subsection D, or any combination of these penalties.
(3) 
For a violation committed within 12 months of two or more previous violations, either a forfeiture of not more than $150, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program under Subsection D, or any combination of these penalties.
D. 
Supervised work program.
(1) 
If the court orders a person to participate in a supervised work program under this subsection, the court shall set standards for the program within the budgetary limits established by the County Board. The program may provide the person with reasonable compensation reflecting the market value of the work performed, or it may consist of uncompensated community service work, and shall be administered by the County Department of Public Welfare or a community agency approved by the court.
(2) 
The supervised work program shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability and shall be combined with counseling from an agency staff member or other qualified person. The program may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.
E. 
When a court revokes or suspends a person's operating privilege under Subsection C, the Department of Transportation may not disclose information concerning or relating to the revocation or suspension to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency or the person whose operating privilege is revoked or suspended. A person entitled to receive information under this subsection may not disclose the information to any other person or agency.
F. 
A person who is under 17 years of age on the date of disposition is subject to § 938.344, Wis. Stats., unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under § 938.344(3), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Subsections A and B do not prohibit an underage person employed by a licensee or permittee from possessing fermented malt beverages during the brewing process or for sale or delivery to customers.
H. 
Subsections A and B do not prohibit an underage person employed by a brewery, a winery or a facility for the rectifying or manufacture of intoxicating liquor or the production of fuel alcohol from possessing alcoholic beverages during regular working hours and in the course of employment.
A. 
Defenses. Proof of the following facts by a seller of alcoholic beverages to an underage person is a defense to any prosecution for a violation of this section:
(1) 
That the purchaser falsely represented in writing and supported with other documentary proof that he or she had attained the legal drinking age.
(2) 
That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the legal drinking age.
(3) 
That the sale was made in good faith and in reliance on the written representation and appearance of the purchaser in the belief that the purchaser had attained the legal drinking age.
B. 
Book kept by licensees and permittees. Every retail alcoholic beverage licensee or permittee shall cause a book to be kept for the purpose of this section. The licensee or permittee or his or her employee shall require any person who has shown documentary proof that he or she has attained the legal drinking age to sign the book if the person's age is in question. The book shall show the date of the purchase of the alcoholic beverages, the identification used in making the purchase, the address of the purchaser and the purchaser's signature.
A. 
False cards; false information in application.
(1) 
Any person who has attained the legal drinking age who makes, alters or duplicates an official identification card may be fined not less than $50 nor more than $500 or imprisoned not less than 10 days nor more than 30 days, or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Any person who has attained the legal drinking age who, in applying for an identification card, presents false information to the issuing officer may be fined not less than $50 nor more than $100 or imprisoned not more than 10 days, or both.
B. 
Any underage person who does any of the following is subject to the penalties specified under § 269-24C or D:
(1) 
Intentionally carries an official identification card not legally issued to him or her, an official identification card obtained under false pretenses or an official identification card which as been altered or duplicated to convey false information. A law enforcement officer shall confiscate any card that violates this subsection.
(2) 
Makes, alters or duplicates an official identification card.
(3) 
Presents false information to an issuing officer in applying for an official identification card.
A. 
In this section, the following terms shall have the meanings indicated:
MOTOR VEHICLE
A motor vehicle owned, rented or consigned to a school.
SCHOOL
A public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.
SCHOOL ADMINISTRATOR
The person designated by the governing body of a school as ultimately responsible for the ordinary operations of a school.
SCHOOL PREMISES
Premises owned, rented or under the control of a school.
B. 
Except as provided by Subsection C, no person may possess or consume alcoholic beverages:
(1) 
On school premises;
(2) 
In a motor vehicle, if a pupil attending the school is in the motor vehicle; or
(3) 
While participating in a school-sponsored activity.
C. 
Alcoholic beverages may be possessed or consumed on school premises, in motor vehicles or by participants in school-sponsored activities if specifically permitted in writing by the school administrator consistent with applicable laws and ordinances.
D. 
A person who violates this section is subject to a forfeiture of not more than $200, except that § 938.344, Wis. Stats., and § 269-24C and D of this chapter provide the penalties applicable to underage persons.
A. 
No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcoholic beverages by an underage person on premises owned by the person or under the person's control. This subsection does not apply to alcoholic beverages used exclusively as part of a religious service.
B. 
No adult may intentionally encourage or contribute to a violation of § 269-24A or B.
C. 
A person who violates this section is subject to a forfeiture of not more than $200.
Any licensee, permittee or bartender of a retail alcoholic beverage establishment covered by a license or permit issued by the Village who permits an entertainer or an employee to solicit a drink of any alcoholic beverage defined in § 125.02(1), Wis. Stats., or any other drink from a customer on the premises or any entertainer or employee who solicits such drinks from any customer is deemed in violation of this section.