A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
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 City 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.
B. 
Alcohol beverages in public areas.
1. 
Regulations. It shall be unlawful for any person to sell, serve or give away, or offer to sell, serve or give away, any alcohol beverage upon any public street, sidewalk, alley, public parking lot, highway, cemetery or drives or other public area within the City 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 their possession any open container containing alcohol beverage upon any public street, public sidewalk, public way, public alley or public parking lot within the City, except at licensed premises.
2. 
Parks. It shall be unlawful for any person to drink or have in their possession any alcohol beverage in any City park between the hours of 11:00 p.m. and 6:00 a.m., except at licensed premises.
3. 
Private property held open for public use. It shall be unlawful for any person to consume any alcohol beverages upon any private property held open for public use within the City unless the property is specifically named as being part of a licensed premises.
4. 
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 alcohol beverage.
b. 
It shall be unlawful for any patron to leave a licensed premises with an open container containing any alcohol beverage.
c. 
It shall be unlawful for any patron to remove an original unopened package, container or bottle containing any alcohol beverage from a "Class A" licensed premises between the hours of 9:00 p.m. and 6:00 a.m.
5. 
Exceptions.
a. 
The provisions of Subsection B1 through 3 above may be waived by the Common Council for duly authorized special events.
b. 
Any organization which has been issued a special Class "B" fermented malt beverage picnic license pursuant to this Code of Ordinances for a specific area, provided that the provisions of this chapter and Title 7 are fully complied with.
A. 
Sale 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 their 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 licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with any underage person not accompanied by their 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. 
Sale of alcohol beverages to intoxicated persons.
1. 
Restrictions.
a. 
No person may procure for, sell, dispense or give away alcohol beverages to a person who is intoxicated.
b. 
No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated.
C. 
Penalties.
1. 
A person who commits a violation of this section shall be subject to the general penalty as set forth in Section 1.01.17 of this Code of Ordinances.
2. 
In addition to the fines provided in Subsection C1 above, for any violation under Subsection A above, a court may suspend any license or permit issued under this chapter 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.
A. 
Presence in places of sale restrictions. An underage person not accompanied by their 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 their 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 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 other than alcohol beverages. An underage person so entering the premises may not remain on the premises after the purchase.
3. 
Hotels, drugstores, grocery stores, bowling alleys, 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 or public facilities as defined in § 125.51(5)(b)1d, Wis. Stats., which are owned by a county or municipality, or centers for the visual or performing arts.
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 courses and golf clubhouses, racetracks licensed under Ch. 562, Wis. Stats., curling clubs, private soccer clubs and private tennis clubs.
6. 
Premises operated under both a "Class B" fermented malt beverage or Class "B" alcohol beverage 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.
7. 
Premises operating under both a "Class C" license and a restaurant permit.
8. 
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 City adopts an ordinance permitting underage persons to enter and remain on the premises as provided in this subsection and the City Police Department 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 City Police Department 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 City. The licensee shall obtain a separate authorization for each date on which underage persons will be present on the premises.)
9. 
An underage person who enters and remains on premises for which a temporary Class "B" license is issued under § 125.26, Wis. Stats., if the licensee is authorized by the official or body of the City 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.
B. 
Penalties. A licensee or permittee who directly or indirectly permits an underage person to enter or be on a licensed premise in violation of Subsection A above is upon conviction subject to a fine of not more than $500.
C. 
Underage persons prohibitions. Any underage person who does any of the following is guilty of a violation:
1. 
Procures or attempts to procure alcohol 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 alcohol beverages on licensed premises.
3. 
Enters, knowingly attempts to enter or is on licensed premises in violation of Subsection A above.
4. 
Falsely represents their age for the purpose of receiving alcohol beverages from a licensee or permittee.
D. 
Adult to accompany. Except as provided in Subsection E below, any underage person not accompanied by their parent, guardian or spouse who has attained the legal drinking age who knowingly possesses or consumes alcohol beverages is guilty of a violation.
E. 
Exceptions. An underage person may possess alcohol beverages in the course of employment during their working hours if employed by any of the following:
1. 
A brewer.
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. 
A 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.
F. 
Penalties for Subsection C violations. Any person violating Subsection C is subject to the following penalties:
1. 
For a first violation, subject to a fine of not more than $250, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in other community service work or any combination of these penalties.
2. 
For a violation committed within 12 months of a previous violation, either subject to a fine of not less than $300 nor more than $500, suspension of the person's operating privilege as provided under § 343.30(6)(b)2, Wis. Stats., participation in community service work or any combination of these penalties.
3. 
For a violation committed within 12 months of two previous violations, either subject to a fine of not less than $500 nor more than $750, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in community service work or any combination of these penalties.
4. 
For a violation committed within 12 months of three or more previous violations, either subject to a fine of not less than $700 nor more than $1,000, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in community service work or any combination of these penalties.
G. 
Penalties for Subsection D violations. Any person violating Subsection D above is subject to the following penalties:
1. 
For a first violation, subject to a fine of 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 community service work or any combination of these penalties.
2. 
For a violation committed within 12 months of a previous violation, either subject to a fine of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under § 343.30(6)(b)2, Wis. Stats., participation in community service work or any combination of these penalties.
3. 
For a violation committed within 12 months of two previous violations, either subject to a fine of not less than $300 nor more than $500, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in community service work or any combination of these penalties.
4. 
For a violation committed within 12 months of three or more previous violations, either subject to a fine of not less than $500 nor more than $1,000, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in community service work or any combination of these penalties.
H. 
Multiple violations from an incident. For purposes of Subsections C or D above, all violations arising out of the same incident or occurrence shall be counted as a single violation.
I. 
Disclosure of license revocation information. When a court revokes or suspends a person's operating privilege under this section, the Wisconsin 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.
J. 
Applicability of statutory proceedings. A person who is under 18 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.
K. 
Alcohol abuse programs.
1. 
In this subsection, "defendant" means a person found guilty of violating Subsections C or D who is 18, 19, or 20 years of age.
2. 
After ordering a penalty under Subsections F or G, the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed. The order under this subsection shall require the defendant to do any of the following:
a. 
Submit to an alcohol abuse assessment that conforms to the criteria specified under § 938.547(4), Wis. Stats., and that is conducted by an approved treatment facility. The order shall designate an approved treatment facility to conduct the alcohol abuse assessment and shall specify the date by which the assessment must be completed.
b. 
Participate in an outpatient alcohol abuse treatment program at an approved treatment facility, if an alcohol abuse assessment conducted under Subsection K2a recommends treatment.
c. 
Participate in a court-approved alcohol abuse education program.
3. 
If the approved treatment facility, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant has submitted to an assessment under Subsection K2a and that the defendant does not need treatment or education, the court shall notify the defendant of whether or not the penalty will be reinstated.
4. 
If the defendant completes the alcohol abuse treatment program or court-approved alcohol abuse education program, the approved treatment facility or court-approved alcohol abuse education program shall, with the written informed consent of the defendant, notify the agency primarily responsible for providing services to the defendant that the defendant has complied with the order, and the court shall notify the defendant of whether or not the penalty will be reinstated. If the court had ordered the suspension of the defendant's operating privilege under Subsection F or G, the court may order the secretary of transportation to reinstate the operating privilege of the defendant if they complete the alcohol abuse treatment program or court-approved alcohol abuse education program.
5. 
If an approved treatment facility or court-approved alcohol abuse education program, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant is not participating in the program or that the defendant has not satisfactorily completed a recommended alcohol abuse treatment program or an education program, the court shall hold a hearing to determine whether the penalties under Subsection F or G should be imposed.
L. 
Defense of sellers. In determining whether or not a licensee or permittee has violated Section 11.02.42A or 11.02.43A, all relevant circumstances surrounding the presence of the underage person or the procuring, selling, dispensing or giving away of alcohol beverages may be considered, including any circumstances listed below. In addition, proof of all of the following facts by a seller of alcohol beverages to an underage person is a defense to any prosecution for a violation of this section:
1. 
That the purchaser falsely represented that they 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.
4. 
That the underage person supported the representation under Subsection L1 above with documentation that they had attained the legal drinking age.
M. 
Additional prohibited acts. In addition to any other provision of the City of Onalaska Code of Ordinances, no juvenile shall own, possess, ingest, buy, sell, trade, use as a beverage, give away or otherwise control any intoxicating liquor or fermented malt beverage in violation of Ch. 125, Wis. Stats.
N. 
Penalty for violations of Subsection D. Any juveniles who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in the general penalty provision of Section 1.01.17 of this Code of Ordinances, exclusive of the provisions therein relative to commitment in the county jail.
A. 
Any underage person who does any of the following is subject to a fine of not less than $300 and not more than $1,250, suspension of the person's operating privilege under § 343.30(6)(bm), Wis. Stats., or other community service work or any combination thereof:
1. 
Intentionally carries an official identification card not legally issued to them, 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 purporting to show that they have attained the legal drinking age.
3. 
Presents false information to an issuing law enforcement officer in applying for an official identification card.
4. 
Intentionally carries an official identification card or other documentation showing that the person has attained the legal drinking age, with knowledge that the official identification card or documentation is false.
A. 
Definitions. As used 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 one 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 alcohol 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. 
Alcohol 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, ordinances and School Board policies.
D. 
A person who violates this section is subject to a fine of more than $200, except that § 938.344, Wis. Stats., and Division 4 of Chapter 2 of this Title of the Code of Ordinances provide the penalties applicable to underage persons.
A. 
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 premises owned and occupied by the adult or occupied by the adult and under the adult's control. This section applies at a lodging establishment, as defined under § 106.52(1)(d), Wis. Stats., only if the adult has furnished payment or security for the lodging. This subsection does not apply to alcohol beverages used exclusively as part of a religious service.
B. 
No adult may intentionally encourage or contribute to a violation of Section 11.02.43A or B.
C. 
A person who violates this section is subject to a fine and suspension as set forth in Section 11.02.42C1 and C2.
A. 
Purpose and findings. The Common Council of the City of Onalaska 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. The Common Council of the City of Onalaska finds:
1. 
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.
2. 
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.
3. 
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.
4. 
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.
5. 
A deterrent effect will be created by holding a person responsible for knowingly allowing underage possession or consumption of alcohol.
B. 
Definitions. For purposes of this chapter, 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.
ALCOHOL OR ALCOHOLIC BEVERAGE
Fermented malt beverages and intoxicating liquor.
EVENT or GATHERING
Any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
HOST or ALLOW
To aid, conduct, entertain, organize, supervise, control or permit a gathering or event.
PARENT
Any person having legal custody of a juvenile:
1. 
As natural, adoptive parent or stepparent;
2. 
As a legal guardian; or
3. 
As a person to whom legal custody has been given by order of the court.
PRESENT
Being at hand or in attendance.
RESIDENCE, PREMISES or PUBLIC OR PRIVATE PROPERTY
Any home, yard, farm, field, land, apartment, condominium, hotel or motel room or other dwelling unit, 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.
UNDERAGE PERSON
Any individual under 21 years of age.
C. 
Prohibited acts.
1. 
It is unlawful for any adult to knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the adult or under the adult's control.
a. 
Additionally, an adult is responsible for violating this section above if the adult intentionally encourages or contributes to any underage person:
i. 
Procuring or attempting to procure alcohol beverages from a licensee or permittee;
ii. 
Possessing or consuming alcohol beverages on licensed premises;
iii. 
Entering or knowingly attempting to enter or is on licensed premises in violation of § 125.07(3)(a), Wis. Stats.; or
iv. 
Falsely represents their age for the purpose of receiving alcohol beverages from a licensee or permittee.
b. 
It is unlawful for any person to procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by their parent, guardian or spouse who has attained the legal drinking age.
D. 
Exceptions. This chapter does not apply to conduct solely between an underage person and their parents while the parent is present and in control of the underage person.
1. 
This chapter does not apply to legally protected religious observances.
2. 
This chapter does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.
3. 
This chapter does not apply to situations where a parent lawfully serves alcohol to their own child.
E. 
Penalties. A person who violates any provision of this section is subject to subject to a fine of not more than $500 if the person has not committed a previous violation within 30 months of the violation, 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, 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 or 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, together with the costs of prosecution. A person who is in default of payment is subject to imprisonment in the county jail until the fines and costs are paid.