[HISTORY: Adopted by the Board of Supervisors of Adams County
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-21-1986 by Ord. No. 1-1986]
A.
Except as otherwise specifically provided in this article, the statutory
provisions set forth in Ch. 125, Wis. Stats., describing and defining
regulations with respect to alcohol beverages, exclusive of any regulations
for which the statutory penalty is a fine or term of imprisonment,
are hereby adopted and by incorporation and reference made a part
of this article as if fully set forth herein. Any future amendments,
revisions, or modifications of the statutory regulations in Chapter
125 incorporated herein are intended to be made part of this article.
B.
Any act required to be performed or prohibited by any regulation
incorporated herein by reference is required or prohibited by this
article.
A.
Forfeiture penalty. The penalty for violation of any provision of
this article shall be a forfeiture of a sum identical to the penalty
amount as provided in Ch. 125, Wis. Stats. Where appropriate, license
suspension or revocation may be imposed in addition to the forfeiture.
B.
Deposits and stipulations. Persons arrested or cited for violation
of this article shall be permitted to make deposits in accordance
with the deposit schedule established pursuant to law and adopted,
as amended from time to time, by the Wisconsin Judicial Conference.
This article shall be titled and known as the "Adams County
Alcohol Beverage Ordinance."
[Adopted 4-19-2016 by Ord. No. 10-2016]
The Adams County Board of Supervisors finds that:
A.
Events and gatherings held on private or public property where alcohol
is possessed or consumed by persons under the age of 21 are harmful
to those persons and constitute a potential threat to public health
requiring prevention or abatement.
B.
Prohibiting underage consumption acts to protect underage persons,
as well as the general public, from injuries related to alcohol consumption,
such as alcohol overdose or alcohol-related traffic collisions.
C.
Alcohol is an addictive drug which, if used irresponsibly, could
have drastic effects on those who use it as well as those who are
affected by the actions of an irresponsible user.
D.
Often, events or gatherings involving underage possession and consumption
occur outside the presence of parents. However, there are times when
the parent(s) is/are present and condone(s) the activity, and in some
circumstances provide(s) the alcohol.
E.
A deterrent effect will be created by holding a person responsible
for hosting an event or gathering where underage possession or consumption
occurs.
For purposes of this article, the following terms have the following
meanings:
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
whiskey, rum, brandy, gin or any other distilled spirits, including
dilutions and mixtures thereof from whatever source or by whatever
process produced.
Alcohol, spirits, liquor, wine, beer and every liquid or
solid containing alcohol, spirits, wine or beer, and which contains
1/2 of 1% or more of alcohol by volume and which is fit for beverage
purposes either alone or when diluted, mixed or combined with other
substances.
Any group of three or more persons who have assembled or
gathered together for a social occasion or other activity.
To aid, conduct, entertain, organize, supervise, control
or permit a gathering or event.
Having the power to direct, manage, oversee and/or restrict
the affairs, business or assets of a person or entity.
Any person having legal custody of a juvenile:
Being at hand or in attendance.
Any home, yard, farm, field, land, apartment, condominium,
hotel or motel room or other dwelling unit, or a hall or meeting room,
park or any other place of assembly, whether occupied on a temporary
or permanent basis, whether occupied as a dwelling or specifically
for a party or other social function, and whether owned, leased, rented
or used with or without permission or compensation.
Any individual under 21 years of age.
A.
It is unlawful for any person(s) to host or allow an event or gathering
at any residence, premises or on any other private or public property
where alcohol or alcoholic beverages are present when the person knows
that an underage person will or does consume any alcohol or alcoholic
beverage, or possess any alcohol or alcoholic beverage with the intent
to consume it, and the person fails to take reasonable steps to prevent
possession or consumption by the underage person(s).
B.
A person is responsible for violating Subsection A above if the person intentionally aids, advises, hires, counsels or conspires with or otherwise procures another to commit the prohibited act.
C.
A person who hosts an event or gathering does not have to be present
at the event or gathering to be responsible.
A.
This article does not apply to conduct solely between an underage
person and his or her parents while the parent is present and in control
of the underage person.
B.
This article does not apply to legally protected religious observances.
C.
This article does not apply to situations where underage persons
are lawfully in possession of alcohol or alcoholic beverages during
the course and scope of employment.
A person who violates any provision of this article is subject
to a forfeiture of not less than $500 nor more than $5,000 together
with the costs of prosecution or penalties may follow current Wisconsin
Statute. A person who is in default of payment is subject to standard
default rules and regulations.
