[HISTORY: Adopted by the Village Board of the Village of Orfordville 3-31-1992
as Title 11, Ch. 4 of the 1992 Code. Amendments noted where applicable.]
A.
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, park, alley, public parking lot, highway,
cemetery or drive or other public area within the Village of Orfordville 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 his possession any
open container containing alcohol beverage upon any public street, public
sidewalk, public way, public alley or public parking lot within the Village,
except at licensed premises.
(2)
Private property held out 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 Village unless the property is
specifically named as being part of a licensed premises.
(3)
Leaving licensed premises with open container.
(4)
Picnic beer permits for parks.
(a)
It shall be unlawful for any group of persons to consume
any alcohol beverages in any park areas without first obtaining a temporary
fermented malt beverage and/or temporary wine license from the Village. The
picnic beer permits shall be issued by the Village Clerk-Treasurer with a
copy of the permit sent to the Chief of Police.
(5)
Exceptions.
(a)
The provisions of this section may be waived by the Village
Board for duly authorized events.
(b)
This section shall not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area pursuant to this Code, provided that the provisions of this chapter and Chapter 195, Intoxicating Liquor and Fermented Malt Beverages, are fully complied with.[1]
B.
ALCOHOL BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
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 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.
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.
Any person under the legal drinking age as defined by the Wisconsin
Statutes.
A.
Sales of alcohol beverages to underage persons.[1]
(1)
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.
(2)
No licensee or permittee may sell, vend, deal or traffic
in alcohol beverages to or with any underage person not accompanied by his
or her parent, guardian or spouse who has attained the legal drinking age.
(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.
B.
Penalties.
(2)
In addition to the forfeitures provided in Subsection B(1) above, a court shall suspend any license issued under Ch. 125, Wis. Stats., to a person violating this subsection for:[2]
(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.
Restrictions. An underage person not accompanied by his
or her 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 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]
(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" or
"Class A" premises for the purpose of purchasing items 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 centers,
billiards centers having on the premises 12 or more billiards tables that
are not designed for coin operation and that are eight feet or longer in length,
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, 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 having an indoor volleyball court that measures at least
nine meters by 18 meters in area. The exception under this subsection does
not authorize an underage person to loiter in any room that is primarily used
for the sale or consumption of alcohol beverages.
(5)
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.
(6)
Ski chalets, golf courses and golf clubhouses, racetracks
licensed under Ch. 562, Wis. Stats., curling clubs, private soccer clubs and
private tennis clubs.
(7)
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.
(8)
Premises operating under both a "Class C" license and a restaurant
permit.
(9)
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, furnished or possessed.
(10)
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 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 subsection 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
subsection 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.
(11)
A person who is at least 18 years of age and who is working
under a contract with the licensee, permittee or corporate agent to provide
entertainment for customers on the premises.
(12)
An underage person who enters or remains on Class "B"
or "Class B" licensed premises on a date specified by the licensee or permittee
during times when no alcohol beverages are consumed, sold or given away. During
those times, the licensee, the agent named in the license if the licensee
is a corporation or limited liability company or a person who has an operator's
license shall be on the premises unless all alcohol beverages are stored in
a locked portion of the premises. The licensee shall notify the local law
enforcement agency, in advance, of the times underage persons will be allowed
on the premises under this subsection.
(13)
An underage person who enters or remains in a dance hall
attached to Class "B" or "Class B" licensed premises if the dance hall is
separate from any room where alcohol beverages are sold, if there is a separate
entrance to the dance hall and if no alcohol beverages are furnished or consumed
by any person in the dance hall where the underage person is present.
(14)
An underage person who enters and remains on premises for which
a temporary Class "B" license is issued under § 125.26(6), Wis.
Stats., if the licensee is authorized by the official or body of the municipality
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.
A.
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.
(4)
Falsely represents his or her age for the purpose of
receiving alcohol beverages from a licensee or permittee.
B.
Except as provided in Subsection C, 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 alcohol beverages is guilty of a violation.
C.
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.
(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.
D.
Any person violating Subsection A is subject to the following penalties:
(1)
For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program or other community service work under Subsection G 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 $300 nor more than $500, participation in a supervised work program or other community service work under Subsection G or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under § 343.30(6)(b)2, Wis. Stats., except that if the violation of Subsection A involved a motor vehicle the person's operating privilege shall be suspended as provided under § 343.30(6)(b)2, Wis. Stats.
(3)
For a violation committed within 12 months of two previous violations, either a forfeiture of not less than $500 nor more than $750, participation in a supervised work program or other community service work under Subsection G or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under § 343.30(6)(b)3, Wis. Stats., except that if the violation of Subsection A involved a motor vehicle the person's operating privilege shall be suspended as provided under § 343.30(6)(b)3, Wis. Stats.
(4)
For a violation committed within 12 months of three or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, participation in a supervised work program or other community service work under Subsection G or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under § 343.30(6)(b)3, Wis. Stats., except that if the violation of Subsection A involved a motor vehicle the person's operating privilege shall be suspended as provided under § 343.30(6)(b)3, Wis. Stats.
E.
Any person violating Subsection B 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 § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program or other community service work under Subsection G 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 under Subsection G or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under § 343.30(6)(b)2, Wis. Stats., except that if the violation of Subsection B involved a motor vehicle the person's operating privilege shall be suspended as provided under § 343.30(6)(b)2, Wis. Stats.
(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 under Subsection G or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under § 343.30(6)(b)3, Wis. Stats., except that if the violation of Subsection B involved a motor vehicle the person's operating privilege shall be suspended as provided under § 343.30(6)(b)3, Wis. Stats.
(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 under Subsection G or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under § 343.30(6)(b)3, Wis. Stats., except that if the violation of Subsection B involved a motor vehicle the person's operating privilege shall be suspended as provided under § 343.30(6)(b)3, Wis. Stats.
G.
Supervised work program.
(1)
A supervised work program ordered under Subsection D or E shall be administered by the county department under § 46.215 or 46.22, Wis. Stats., or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the County Board of Supervisors. The supervised work 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. Community service work ordered under Subsection D or E, other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the person to perform community service work under Subsection D or E.
(2)
The supervised work program or other community service
work 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 a member of the staff of the county department,
community agency, public agency or nonprofit charitable organization or other
qualified person. The supervised work program or other community service work
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.
H.
When a court revokes or suspends a person's operating privilege under Subsection D or E, 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.
I.
A person who is under 17 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.
J.
Additional orders.
(2)
After ordering a penalty under Subsection D or E, 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, except that the court may not stay, suspend or modify the suspension of a person's operating privilege required under Subsection D or E. 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 J(2)(a) 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 J(2)(a) 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 D or E, the court may order the Secretary of Transportation to reinstate the operating privilege of the defendant if he or she completes 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 D or E should be imposed.
A.
Defenses. In determining whether or not a licensee or permittee has violated § 100-2A or 100-3A, 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 circumstance under Subsection A(1) to (4). 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]
(1)
That the purchaser falsely represented 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 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.
(1)
Every retail alcohol beverage licensee or permittee may keep a book for the purpose of Subsection A above. The licensee or permittee or his or her employee may require any of the following persons to sign the book:
(a)
A person who has shown documentary proof that he or she
has attained the legal drinking age, if the person's age is in question.
(b)
A person who alleges that he or she is the underage person's
parent, guardian or spouse and that he or she has attained the legal drinking
age, if the licensee or permittee or his or her employee suspects that he
or she is not the underage person's parent, guardian or spouse or that he
or she has not attained the legal drinking age.
(2)
The book may show the date of the purchase of the alcohol
beverage, the identification used in making the purchase or the identification
used to establish that a person is an underage person's parent, guardian or
spouse and has attained the legal drinking age, the address of the purchaser
and the purchaser's signature.
A.
Any person who has attained the legal drinking age, other
than one authorized by § 343.50, Wis. Stats., who makes, alters
or duplicates an official identification card may be fined not less than $100
nor more than $500 and, on default of payment of such forfeiture, shall be
imprisoned until such forfeiture is paid, but not to exceed 30 days.[1]
B.
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 $100 nor more than $500 and, on
default of payment of such forfeiture, shall be imprisoned until such forfeiture
is paid, but not to exceed 10 days.[2]
C.
Any underage person who does any of the following is subject to the penalties specified under § 100-4:
(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
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.
Any licensee, permittee or bartender of a retail alcohol beverage establishment
covered by a license or permit issued by the Village who permits an entertainer
or an employee to solicit a drink of any alcohol beverage defined in § 125.02(1),
Wis. Stats., or any other drink from a customer on the premises or any entertainer
or employee who solicits such drinks from any customer is deemed in violation
of this section.
