[Adopted 6-20-1995 by Ord. No. 582-95]
For the purpose of this article, the following
terms shall have the following meanings:
Fermented malt beverages and intoxicating liquor.
Any person who manufactures fermented malt beverages for
sale or transportation, except that “brewer” does not
include a permittee under Wis. Stats. § 125.295.
[Amended 8-18-2020 by Ord. No. 11-2020]
Any beverage made by the alcohol fermentation of an infusion
in potable water of barley malt and hops, with or without unmalted
grains or decorticated and degerminated grains or sugar, containing
0.5% or more of alcohol by volume.
All ardent, spirituous, distilled or vinous liquors, liquids
or compounds, whether medicated, proprietary, patented or not and
by whatever name called, containing 0.5% or more of alcohol by volume,
which are beverages, but does not include fermented malt beverage.
A person who has not attained 17 years of age.
[Added 8-18-2020 by Ord. No. 11-2020]
Twenty-one years of age.
An authorization to sell alcohol beverages issued by a city,
town or village.
[Amended 8-18-2020 by Ord. No. 11-2020]
Any permit issued by the Department of Revenue.
A natural person, sole proprietorship, partnership, limited
liability company, corporation or association or the owner of a single-owner
entity that is disregarded as a separate entity under Wis. Ch. 71.
[Amended 8-18-2020 by Ord. No. 11-2020]
The area described in a license or permit.
Any transfer of alcohol beverages with consideration or any
transfer without consideration if knowingly made for purposes of evading
the law relating to the sale of alcohol beverages or any shift, device,
scheme or transaction for obtaining alcohol beverages, including the
solicitation of orders for, or the sale for future delivery of, alcohol
beverages.
A person who has not attained the legal drinking age.
A person, other than a brewer, brew pub, manufacturer or
rectifier, who sells alcohol beverages to a licensed retailer or to
another person who holds a permit or license to sell alcohol beverages
at wholesale.
[Amended 8-18-2020 by Ord. No. 11-2020]
[Amended 8-18-2020 by Ord. No. 11-2020]
A.
No person may procure for, sell, dispense or give away any alcohol
beverages to any underage person not accompanied by his or her parent,
guardian or spouse who has attained the legal drinking age.
B.
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 Wis. Stats. § 106.52(1)(d),
only if the adult has furnished payment or security for lodging. This
subsection does not apply to alcohol beverages used exclusively as
part of a religious service.
C.
No licensee or permittee may sell, vend, deal or traffic in alcohol
beverage to or with any underage person not accompanied by his or
her parent, guardian or spouse who has attained the legal drinking
age.
A.
Any underage person who does any of the following
is guilty of a violation:
(1)
Possesses or consumes alcohol beverages on a licensed
premises, unless accompanied by a parent, guardian or spouse who has
attained the legal drinking age.
[Amended 8-18-2020 by Ord. No. 11-2020]
(2)
Procures or attempts to procure alcohol beverages
from a licensee or permittee.
(3)
Falsely represents his or her age for the purpose
of receiving alcohol beverages from a licensee or permittee.
(4)
Enters, knowingly attempts to enter or is on a licensed premises
in violation of Wis. Stats. § 125.07(3)(a).
[Added 8-18-2020 by Ord. No. 11-2020]
B.
An underage person may possess alcohol beverages in
the course of employment during his or her working hours if employed
by any of the following:
(1)
A brewer or brew pub.
[Amended 8-18-2020 by Ord. No. 11-2020]
(2)
A fermented malt beverages wholesaler.
(3)
A permittee other than a Class "B" or "Class B" permittee.
(4)
A facility for the production of alcohol fuel.
(5)
A retail licensee or permittee under the conditions
specified in § 125.32(2) or 125.68(2), Wis. Stats., or for
delivery of unopened containers to the home or vehicle of a customer.
(6)
Campus, if the underage person is at least 18 years of age and is
under the immediate supervision of a person who has attained the legal
drinking age.
[Added 8-18-2020 by Ord. No. 11-2020]
[Amended 8-18-2020 by Ord. No. 11-2020]
A.
Any person who commits a violation of § 163-2 of this article is subject to a forfeiture of:
(1)
Not less than $25 nor more than $500 if the person has not committed
a previous violation within 30 months of the violation.
(2)
Not less than $200 nor more than $500 if the person has committed
a previous violation within 30 months of the violation.
(3)
Not less than $500 nor 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.
(4)
Not less than $1,000 nor more than $10,000 or imprisoned for not
more than nine months or both if the person has committed three or
more previous violations with 30 months of the violation.
B.
Further, a court shall suspend any license or permit
issued under Ch. 125, Wis. Stats., to a person for:
(1)
Not more than three days, if the court finds that
the person committed a violation within 12 months after committing
one previous violation.
(2)
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.
(3)
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.
For purposes of determining previous violations under
this article, the thirty-month period shall be measured from the dates
of violations that resulted in an imposition of a forfeiture or a
conviction. For purposes of determining whether or not a previous
violation has occurred if more than one violation occurs at the same
time, all those violations shall be counted as one violation.
[Amended 8-18-2020 by Ord. No. 11-2020]
A.
(1)
For the first violation, either a forfeiture of not less than $250
nor more than $500, suspension of the person's operating privileges
as provided for under Wis. Stats. § 343.30(6)(b)1, participation
in a supervised work program or other community service work, or any
combination of theses penalties.
(2)
For a violation committed within 12 months of a 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 or any
combination of these penalties. In addition, the person's operating
privilege may be suspected as provided under Wis. Stats. § 343.30(6)(b)2,
except if the violation involved a motor vehicle the person's
operating privilege shall be suspended as provided under Wis. Stats.
§ 343.30(6)(b)2.
(3)
For a violation committed within 12 months of two or more previous
violations, a forfeiture of not less than $500 nor more than $750,
participation in a supervised work program or other community service
work or any combination of these penalties. In addition, the person's
operating privilege may be suspended as provided under Wis. Stats.
§ 343.30(6)(b)3, except that if the violation involved a
motor vehicle the person's operating privilege shall be suspended
as provided under Wis. Stats. § 343.30(6)(b)3.
(4)
For a violation committed within 12 months of three or more previous
violations, either a forfeiture or not less than $750 nor more than
$1,000, participation in a supervised work program or other community
service work or any combination of these penalties. In addition, the
person's operating privilege may be suspended as provided under
Wis. Stats. § 343.30(6)(b)3.
B.
Any person who violates § 163-3A(5) of this article is subject to the following penalties:
(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 Wis. Stats. § 343.30(6)(b)1, participation
in a supervised work program or other community service work 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 or any
combination of these penalties. In addition, the person's operating
privilege may be suspended as provided under Wis. Stats. § 343.30(6)(b)2,
except that if the violation involved a motor vehicle the person's
operating privilege shall be suspended as provided under Wis. Stats.
§ 343.30(6)(b)2.
(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 or any
combination of these penalties. In addition, the person's operating
privilege may be suspended as provided under Wis. Stats. § 343.30(6)(b)3,
except that if the violation involved a motor vehicle the person's
operating privilege shall be suspended as provided under Wis. Stats.
§ 343.30(6)(b)3.
(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 or any combination of these penalties. In addition, the
person's operating privilege may be suspended as provided under
Wis. Stats. § 343.30(6)(b)3, except that if the violation
involved a motor vehicle the person's operating privilege shall
be suspended as provided under Wis. Stats. § 343.30(6)(b)3.
C.
Any juvenile who violates § 163-3 of this article is subject to the penalties found in Wis. Stats. § 938.344(2) and (2b).
D.
For purposes of determining previous violations under this article,
the twelve-month period shall be measured from the dates of violations
that resulted in an imposition of a forfeiture or a conviction. For
the purpose of determining whether or not a previous violation has
occurred if more than one violation occurs at the same time, all those
violations shall be counted as one violation.
