City of Franklin, WI Article II Alcoholic Beverages

[Adopted 8-5-1997 by Ord. No. 97-1461 as Secs. 10.33 and 10.42 of the 1997 Code]

§ 183-14 Drinking in motor vehicles on highway.

Whoever drinks from or opens a container of fermented malt beverage or intoxicating liquor in a moving motor vehicle on a public highway may be penalized under Chapter 1, General Provisions, § 1-19. This section does not apply to a "motor bus" as defined in § 340.01(31), Wis. Stats.

§ 183-15 Consumption or possession of intoxicants on streets.

A. Definitions. For purposes of this section, the following terms shall have the meanings indicated:

INTENT TO CONSUME

Under the facts and circumstances prevailing at the time that a person has in his or her possession an open or unsealed container of an alcoholic or fermented malt beverage, it can be concluded that such person has or will consume such beverage at the location where he or she was or is observed in possession of such beverage.

POSSESSION

A condition of fact under which one has the actual or physical control of a corporeal thing which can be exercised at his or her pleasure.

PREMISES

The lot or parcel of land on which a building or structure is located from which alcoholic or fermented malt beverages are sold, either for consumption within the building or structure or for consumption away from such building or structure.

PUBLIC PARKING LOT

In or upon any parking lot of any place which is open to the public, regardless of ownership of the parking lot.

B. Prohibited. No person shall possess an open or unsealed container of an alcoholic or fermented malt beverage with the intent to or immediately consume any intoxicating liquor or malt beverage while in or upon any public street, alley, sidewalk or other public way, public parking lot, public schools, public buildings, public parks, public lands or on premises licensed to sell such beverages under a Class A or Class B combination license after legal closing hours.

C. Beverages to be consumed on premises. All purchases of alcoholic or fermented malt beverages by the glass or in open containers shall be consumed within the confines of the structure of the licensed premises where served and shall not be removed outside of licensed premises where served and shall not be removed outside of such structure onto any thoroughfare, street or sidewalk in the City.

D. Exceptions.

(1) The enforcement of Subsections B and C above shall be suspended for the Labor Day Fair, and such suspension shall be limited to the confines of the Fair. The City Council may, by motion, permit suspension of the enforcement of the above subsections on other fair days, and such suspension shall be limited to the fair area.

(2) The owner of a licensed premises shall not sell any alcoholic beverages upon the premises as defined above except upon application to and the approval and issuance of a permit for the sale and consumption of alcoholic beverages by the City Council.