[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.]
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.
B.
ALCOHOLIC BEVERAGE
PUBLIC AREA
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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]
(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.
A.
Any underage person who does any of the following
is guilty of a violation:
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.
(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.
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.
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.
MOTOR VEHICLE
SCHOOL
SCHOOL ADMINISTRATOR
SCHOOL PREMISES
As used in this section, the following terms shall
have the meanings indicated:
A motor vehicle owned, rented or consigned to a 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.
The person designated by the governing body of a school as
ultimately responsible for the ordinary operations of a school.
Premises owned, rented or under the control of a school.
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.
