Outside sale. Except as provided in § 167-3 of this Code and Subsection E of this section, no person shall 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 drive or other public area within the Village or on private property without the owner's consent, except at licensed premises.
Consumption in public; open containers prohibited.
Except as hereafter provided, no person shall drink, consume, transport,
carry or possess any alcohol beverage in the original container and
with the seal unbroken, either in or out of a vehicle, in any of the
following places:
Any privately owned parking lot, driveway or lot used
for vehicular traffic with the express or implied permission of the
owner for public use thereof, unless expressly authorized in writing
by the owner of said parking lot, driveway or lot or unless such property
is specifically named as a licensed premises.
Consumption in Village parks restricted. No person
shall drink or have in his or her possession any alcohol beverage
in any Village park between the hours of 10:30 p.m. and 6:00 a.m.
except at an event for which a temporary (picnic) Class "B" license
has been issued by the Village Board.
The holder of a Class B fermented malt beverage or
intoxicating liquor license shall make every reasonable effort to
discourage his patrons from taking fermented malt beverages or intoxicating
liquor or wine from the licensed premises when such beverages are
served for consumption on the premises.
No patron shall remove an original unopened package, container or bottle containing any alcohol beverage from a premises licensed under Chapter 167 of this Code between the hours as set by § 167-8.[1]
Licensing of outside sale or consumption. The Village Board of the Village of Black Earth may permit the consumption or possession of fermented malt beverages, wine or intoxicating liquors in specifically authorized public places or at any event for which a temporary picnic license has been issued pursuant to Chapter 167 of this Code.
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.
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.
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.
In addition to the forfeitures provided in Subsection B(1)(a) and (b) above, a court shall suspend any license issued under Chapter 167 of this Code to a person violating this section pursuant to § 125.07(1)(b)3, Wis. Stats.
Penalties. Any person who violates Subsection C above shall be subject to a forfeiture of 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 60 days.[1]
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:
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.
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.
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.
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 is 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.
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]
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 subsection. An underage person may enter
and remain on Class "B" or "Class B" premises under this subsection
only if the Dane County Sheriff's 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 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.
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.
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 of this section.
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 below or any combination of these penalties.
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.
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.
If the court orders a person to participate in a supervised
work program, the court shall set standards for the program within
the budgetary limits established by the Dane 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.
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.
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.
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.
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.
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.
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 to exceed 30 days.
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 to exceed 10 days.
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.
A public, parochial or private school which provides an educational
program for one or more grades between grades 1 and 12 and which is
commonly known as an elementary school, middle school, junior high
school, senior high school or high school.
Possession or consumption of alcohol beverages on school premises. Except as provided by Subsection C, no person may possess or consume alcohol beverages:
Exceptions. 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.
Penalties. A person who violates this section is subject to a forfeiture of not more than $200, except that § 938.344, Wis. Stats., and § 202-31C and D of this article provide the penalties applicable to underage persons.
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 person or under the person's control.
This subsection does not apply to alcohol beverages used exclusively
as part of a religious service.