[Adopted as Title 11, Ch. 4, of the Benton Code of Ordinances]
A. 
Alcoholic beverages in public areas.
(1) 
Regulations. Except as provided in this section, it shall be unlawful for any person to sell, serve or give away, or offer to sell, serve or give away, any alcoholic beverage upon any public street, sidewalk, alley, public parking lot, highway, cemetery or drives or other public area within the Village of Benton or on private property without the owner's consent, except at licensed premises. It shall be unlawful for any person to consume or have in his possession any open container containing alcoholic beverage upon any public street, sidewalk, way, alley or parking lot or other public area within the Village of Benton.
(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) 
Exceptions.
(a) 
The provisions of this section may be waived by the Village Board for duly authorized events.
(b) 
Any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area pursuant to this Code, provided that the provisions of this chapter are fully complied with.
(c) 
Fermented malt beverages for personal consumption are permitted in Village parks, consistent with applicable laws and ordinances.
B. 
Definitions. 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 or 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.
UNDERAGE PERSON
Any person under the legal drinking age as defined by the Wisconsin Statutes.
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.
(2) 
No licensee 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.
(3) 
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 adult or under the adult's control. This subsection does not apply to alcoholic beverages used exclusively as part of a religious service.
B. 
Penalties.
(1) 
Any person who violates Subsection A above shall be subject to a forfeiture of not less than $100 nor more than $500 or imprisoned for not more than 60 days, or both.
(2) 
In addition to the forfeitures provided in Subsection B(1) above, a court shall suspend any license issued under this article to a person violating this subsection for:
(a) 
Not more than three days, if the court finds that the person committed a violation within 12 months after committing one previous violation;
(b) 
Not less than three days nor more than 10 days, if the court finds that the person committed a violation within 12 months after committing two other violations; or
(c) 
Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing three other violations.
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 or imprisoned for not more than 60 days, or both.
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, knowingly attempt to enter or be on any premises for which a license or permit for the retail sale of alcohol 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 employee. 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 subsection does not apply to:[1]
(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” or “Class A” premises for the purpose of purchasing items other than alcohol beverages. An underage person so entering the premises may not remain on the premises after the purchase.
(3) 
Hotels, drug stores, grocery stores, bowling centers, movie theaters, billiards centers having on the premises 12 or more billiards tables that are not designed for coin operation and that are 8 feet or longer in length, indoor golf simulator facilities, service stations, vessels, cars operated by any railroad, regularly established athletic fields, outdoor volleyball courts that are contiguous to a licensed premises, stadiums, public facilities as defined in § 125.51(5)(b)1.d, Wis. Stats., which are owned by a county or municipality or centers for the visual or performing arts.
(4) 
Premises having an indoor volleyball court that measures at least 9 meters by 18 meters in area. The exception under this subsection does not authorize an underage person to loiter in any room that is primarily used for the sale or consumption of alcohol beverages.
(5) 
Any privately owned business that exists to provide recreational fishing opportunities to the public for a fee and that is registered under § 95.60(3m), Wis. Stats., if the sale of alcohol beverages accounts for less than 30% of the business' gross receipts.
(6) 
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.
(7) 
Ski chalets, golf courses and golf clubhouses, racetracks licensed under Ch. 562, Wis. Stats., curling clubs, private soccer clubs and private tennis clubs.
(8) 
Premises operated under both 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 alcohol beverages, but the presumption may be rebutted by competent evidence.
(9) 
Premises operating under both a “Class C” license and a restaurant permit.
(10) 
An underage person who enters or remains on 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 alcohol beverages are sold, furnished or possessed.
(11) 
An underage person who enters or remains in a room on Class “B” or “Class B” licensed premises separate from any room where alcohol beverages are sold or served, if no alcohol 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.
(12) 
A person who is at least 18 years of age and who is working under a contract with the licensee, permittee or corporate agent to provide entertainment for customers on the premises.
(13) 
An underage person who enters or remains on Class “B” or “Class B” licensed premises on a date specified by the licensee or permittee during times when no alcohol beverages are consumed, sold or given away. During those times, the licensee, the agent named in the license if the licensee is a corporation or limited liability company or a person who has an operator's license shall be on the premises unless all alcohol beverages are stored in a locked portion of the premises. The licensee shall notify the local law enforcement agency, in advance, of the times underage persons will be allowed on the premises under this subsection.
(14) 
An underage person who enters or remains in a dance hall or banquet or hospitality room attached to Class “B” or “Class B” licensed premises for the purpose of attending a banquet, reception, dance, or other similar event.
(15) 
An underage person who enters and remains on premises for which a temporary Class “B” license is issued under § 125.26(6), Wis. Stats., if the licensee is authorized by the official or body of the municipality that issued the license to permit underage persons to be on the premises under § 125.26(6), Wis. Stats., and if the licensee permits underage persons to be on the premises.
(16) 
An underage person who enters or remains in a banquet or hospitality room on brewery premises for the purpose of attending a brewery tour.
(17) 
An underage person who enters or remains on premises for which a license is issued to the Wisconsin Renaissance Faire in the city of Chippewa Falls.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 from a licensee or permittee;
(2) 
Unless accompanied by a parent, guardian or spouse who has attained the legal drinking age, possesses or consumes alcoholic beverages on licensed premises;
(3) 
Enters, knowingly attempts to enter or is on licensed premises in violation of § 200-31A;
(4) 
Falsely represents his or her age for the purpose of receiving alcoholic beverages from a licensee or permittee.
B. 
Except as provided in § 125.07(4)bm, Wis. Stats., 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 beverage is guilty of a violation.
C. 
Any person violating Subsection A of this section is subject to the following penalties:[1]
(1) 
For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program or other community service work under § 125.07(cg), Wis. Stats., or any combination of these penalties.
(2) 
For a violation committed within 12 months of one previous violation, either a forfeiture of not less than $300 nor more than $500, participation in a supervised work program or other community service work under § 125.07(cg), Wis. Stats., or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under § 343.30(6)(b)2, Wis. Stats., except that if the violation of Subsection A involved a motor vehicle the person's operating privilege shall be suspended as provided under § 343.30(6)(b)2, Wis. Stats.
(3) 
For a violation committed within 12 months of two previous violations, either a forfeiture of not less than $500 nor more than $750, participation in a supervised work program or other community service work under § 125.07(cg), Wis. Stats., or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under § 343.30(6)(b)3, Wis. Stats., except that if the violation of Subsection A involved a motor vehicle the person's operating privilege shall be suspended as provided under § 343.30(6)(b)3, Wis. Stats.
(4) 
For a violation committed within 12 months of three or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, participation in a supervised work program or other community service work under § 125.07(cg), Wis. Stats., or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under § 343.30(6)(b)3, Wis. Stats., except that if the violation of Subsection A involved a motor vehicle the person's operating privilege shall be suspended as provided under § 343.30(6)(b)3, Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Any person violating Subsection B is subject to the following penalties:[2]
(1) 
For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program or other community service work under § 125.07(cg), Wis. Stats., or any combination of these penalties.
(2) 
For a violation committed within 12 months of one previous violation, either a forfeiture of not less than $200 nor more than $300, participation in a supervised work program or other community service work under § 125.07(cg), Wis. Stats., or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under § 343.30(6)(b)2, Wis. Stats., except that if the violation of Subsection B involved a motor vehicle the person's operating privilege shall be suspended as provided under § 343.30(6)(b)2, Wis. Stats.
(3) 
For a violation committed within 12 months of two previous violations, either a forfeiture of not less than $300 nor more than $500, participation in a supervised work program or other community service work under § 125.07(cg), Wis. Stats., or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under § 343.30(6)(b)3, Wis. Stats., except that if the violation of Subsection B involved a motor vehicle the person's operating privilege shall be suspended as provided under § 343.30(6)(b)3, Wis. Stats.
(4) 
For a violation committed within 12 months of three or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, participation in a supervised work program or other community service work under § 125.07(cg), Wis. Stats., or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under § 343.30(6)(b)3, Wis. Stats., except that if the violation of Subsection B involved a motor vehicle the person's operating privilege shall be suspended as provided under § 343.30(6)(b)3, Wis. Stats.
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Supervised work program.
(1) 
If the court orders a person to participate in a supervised work program under Subsection C or D, the court shall set standards for the program within the budgetary limits established by the Village 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 Human Services 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.
F. 
When a court revokes or suspends a person's operating privilege under Subsection C or D, 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.
G. 
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 justice after dismissal of the citation under § 938.344(3), Wis. Stats.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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. In determining whether or not a licensee or permittee has violated § 200-30A or 200-31A, all relevant circumstances surrounding the presence of the underage person or the procuring, selling, dispensing or giving away of alcoholic beverages may be considered. In addition, proof of all 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 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 representation and appearance of the purchaser in the belief that the purchaser had attained the legal drinking age.
(4) 
That the underage person supported the representation under Subsection A(1) above with documentation that he or she had attained the legal drinking age.
B. 
Book kept by licensees and permittees.
(1) 
Every retail alcoholic beverage licensee or permittee may keep a book for the purpose of Subsection A above. The licensee or permittee or his or her employee may require any of the following persons to sign the book:
(a) 
A person who has shown documentary proof that he or she has attained the legal drinking age if the person's age is in question.
(b) 
A person who alleges that he or she is the underage person's parent, guardian or spouse and that he or she has attained the legal drinking age, if the licensee or permittee or his or her employee suspects that he or she is not the underage person's parent, guardian or spouse or that he or she has not attained the legal drinking age.
(2) 
The book may show the date of the purchase of alcoholic beverage, the identification used in making the purchase or the identification used to establish that a person is an underage person's parent, guardian or spouse and has attained the legal drinking age, the address of the purchase and the purchaser's signature.
A. 
Penalties.
(1) 
Any person who has attained the legal drinking age, other than one authorized by § 343.50, Wis. Stats., who makes, alters or duplicates an official identification card may be fined not less than $100 nor more than $500 or imprisoned not less than 10 days nor more than 30 days, or both.
(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 $100 nor more than $500 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 § 200-32C or D:
(1) 
Intentionally carried 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 has 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 prekindergarten through 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 of this section 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 § 48.344, Wis. Stats., and § 200-32C and D of this article 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 section 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 § 200-34A 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.