[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986 as Title 9, Ch. 5 of the 1986 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Intoxicating liquor and fermented malt beverages — See Ch. 167.
Peace and good order — See Ch. 219.
Soda water beverages — See Ch. 251.
A. 
Alcoholic beverages in public areas.
(1) 
Regulations. It shall be unlawful for any person to sell or serve, or offer to sell or serve, or to consume or to carry or expose to view any open container of any alcoholic beverage upon any street, sidewalk, alley, public parking lot, highway, cemetery or other public area within the village or on private property without the owner's consent. Public parks or recreation areas are exempt from this prohibition, except that glass containers are prohibited.
(2) 
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 special Class "B" fermented malt beverage picnic license pursuant to this Code[1] is exempt from the requirements of this section.[2]
[1]
Editor's Note: See Ch. 167, Intoxicating Liquor and Fermented Malt Beverages, § 167-4E.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 and 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.
[Amended 6-13-2001; 5-9-2018 by Ord. No. 2018-02]
A. 
The restriction and penalties regulation underage persons contained in §§ 125.07, 125.085, and 125.09, Wis. Stats., are hereby adopted by reference and made a part of this section as if fully set forth herein.
B. 
As provided for in § 125.07(1), Wis. Stats.:
(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 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 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 or sell, vend, deal or traffic in intoxicating liquor to or with any underage person.
(3) 
No adult may 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. This subsection does not apply to alcohol beverages used exclusively as part of a religious service.
(4) 
No adult may intentionally encourage or contribute to a violation of § 125.07(4)(a) or (b), Wis. Stats.
C. 
No underage person may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises or within a motor vehicle owned or under the control of the underage person.
D. 
Penalties. Any person who commits a violation of Subsection B or C above shall be subject to a forfeiture of not more than $500 if the person has not committed a previous violation within 30 months of the violation. The thirty-month period shall be measured from the dates of the violations that resulted in the imposition of a forfeiture or conviction. Any person who commits more than one violation of the Subsection B or C within a thirty-month period shall be subject to penalties set forth in § 125.07(1)(b)(2)(b) to (d), Wis. Stats.
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 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) 
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 edibles or beverages 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, cars operated by any railroad, regularly established athletic fields, stadiums or public facilities as defined in § 125.51(5)(b)1d, Wis. Stats., which are owned by a county or municipality.
(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 clubhouses and private tennis clubs.
(6) 
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.
(7) 
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 or furnished.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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 for the purpose of engaging in marching or drilling with a group of other persons 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 section. An underage person may enter and remain on Class "B" or "Class B" premises under this section 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 section 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 section 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.
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 alcohol beverages.
(2) 
Knowingly possesses or consumes intoxicating liquor.
(3) 
Enters or is on licensed premises in violation of § 92-3A.
(4) 
Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.
B. 
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 beverages is guilty of a violation.
C. 
Any person violating Subsection A or B is subject to the following penalties:
(1) 
For a first violation, a forfeiture of not more than $50, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program under Subsection D or any combination of these penalties.
(2) 
For a violation committed within 12 months of a previous violation, either a forfeiture of not more than $100, suspension of the person's operating privilege as provided under § 343.30(6)(b)2, Wis. Stats., participation in a supervised work program under Subsection D or any combination of these penalties.
(3) 
For a violation committed within 12 months of two or more previous violations, either a forfeiture of not more than $150, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program under Subsection D or any combination of these penalties.
D. 
Work program.
(1) 
If the court orders a person to participate in a supervised work program under this Subsection D, the court shall set standards for the program within the budgetary limits established by the County 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 Public Welfare 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.
E. 
When a court revokes or suspends a person's operating privilege under Subsection C, 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.
F. 
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 jurisdiction after dismissal of the citation under § 938.344(3), Wis. Stats.
G. 
Subsections A and B do not prohibit an underage person employed by a licensee or permittee from possessing fermented malt beverages during the brewing process or for sale or delivery to customers.
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 alcohol beverages during regular working hours and in the course of employment.
A. 
Defenses. Proof 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 chapter:
(1) 
That the purchaser falsely represented in writing and supported with other documentary proof 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 written representation and appearance of the purchaser in the belief that the purchaser had attained the legal drinking age.
B. 
Book kept by licensees and permittees. Every retail alcohol beverage licensee or permittee shall cause a book to be kept for the purpose of this section. The licensee or permittee or his or her employee shall require any person who has shown documentary proof that he or she has attained the legal drinking age to sign the book if the person's age is in question. The book shall show the date of the purchase of the alcohol beverages, the identification used in making the purchase, the address of the purchaser and the purchaser's signature.
A. 
Identification cards.[1]
(1) 
Any person who has attained the legal drinking age who makes, alters or duplicates an official identification card may be fined not less than $50 nor more than $500 and, on default of payment of such forfeiture, shall be imprisoned until such forfeiture is paid, but not less than 10 days nor more than 30 days.
(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 $50 nor more than $100 and, on default of payment of such forfeiture, shall be imprisoned until such forfeiture is paid, but not more than 10 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Any underage person who does any of the following is subject to the penalties specified under § 92-4C or D:
(1) 
Intentionally carries 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. 
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 and ordinances.
D. 
A person who violates this section is subject to a forfeiture of not more than $200, except that § 938.344, Wis. Stats., and § 92-4C and D of this chapter provide the penalties applicable to underage persons.