[HISTORY: Adopted by the Town Board of the Town of Rome as indicated in article histories. Amendments noted where applicable.]
[Adopted as Sec. 9.05 of the prior Code]
The Town Board intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons civilly responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The Town of Rome Board of Supervisors finds:
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 the activity, and in some circumstances, provide 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:
ALCOHOL
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.
ALCOHOLIC BEVERAGE
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.
APARTMENT
A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.
CONTROL
The power to direct, manage, oversee, supervise, organize, conduct, and shall also mean hosting, allowing or permitting or sponsoring. A person need not be present on the premises to be in control.
DWELLING
Any building which has the primary purpose of human habitation and which contains one or two dwelling units.
EVENT or GATHERING
Any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
FARM
An area of land devoted to the production of field or truck crops, livestock or livestock products, which constitute the major use of such property.
HOST or ALLOW
To aid, conduct, entertain, organize, supervise, control or permit a gathering or event.
KNOWINGLY PERMIT
There must be evidence or a reasonable inference from evidence that the person knew or should have known that consumption of alcoholic beverages would occur.
PARK
All grounds, structures and watercourses which are or may be located within any area dedicated to the public use as a park, parkway, public boat landing, public lake access, recreation facility or conservancy district in the Town.
PERSON
Includes a corporation, firm partnership, association, organization and any other group acting as a unit as well as individuals, including a personal representative, receiver or other representative appointed according to law. Whenever the term "person" is used in any section of this article prescribing a penalty or fine, as to partnerships or associations, the work shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.
PREMISES
Shall have the meaning under § 125.02(14m), Wis. Stats., and shall also include all public or private property, regardless of whether said property is described in a license or permit.
PRESENT
Being at hand or in attendance.
PUBLIC OR PRIVATE PREMISES
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.
TOWN
The Town of Rome, Adams County, Wisconsin, or any duly appointed designate thereof, including, but not limited to, the Town Board and Town committees.
TOWN BOARD or BOARD
The present governing body of the Town or any successors to the legislative power of said body, or any duly appointed designate thereof.
UNDERAGE PERSON
Any individual under 21 years of age.
YARD
An open space on a lot which is unoccupied and unobstructed by buildings from its lowest level to the sky.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on property, including any premises, owned and occupied by the adult or occupied by the adult and under the adult's control. This subdivision applies at a lodging establishment, as defined in § 106.52 (1)(d), Wis. Stats., only if the adult has furnished payment or security for lodging. This subdivision does not apply to alcohol beverages used exclusively as part of a religious service.
A. 
No adult may intentionally encourage or contribute to a violation of § 127.05(4)(a) or (b), Wis. Stats.
B. 
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A person who commits a violation may be:
A. 
Required to forfeit not more than $500 if the person has not committed a previous violation within 30 months of the violation.
B. 
Fined not more than $500 or imprisoned for not more than 30 days or both if the person has committed a previous violation within 30 months of the violation.
C. 
Fined not more than $1,000 or imprisoned for not more than 90 days or both if the person has committed two previous violations within 30 months of the violation.
D. 
Fined not more than $10,000 or imprisoned for not more than nine months or both if the person has committed three or more previous violations within 30 months of the violation.