Green Lake County, WI
 
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Table of Contents
Table of Contents
[Adopted 6-20-1995 by Ord. No. 582-95]
For the purpose of this article, the following terms shall have the following meanings:
ALCOHOL BEVERAGE
Fermented malt beverages and intoxicating liquor.
BREWER
Any person who manufactures fermented malt beverages for sale or transportation, except that “brewer” does not include a permittee under Wis. Stats. § 125.295.
[Amended 8-18-2020 by Ord. No. 11-2020]
FERMENTED MALT BEVERAGE
Any beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar, containing 0.5% or more of alcohol by volume.
INTOXICATING LIQUOR
All ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not and by whatever name called, containing 0.5% or more of alcohol by volume, which are beverages, but does not include fermented malt beverage.
JUVENILE
A person who has not attained 17 years of age.
[Added 8-18-2020 by Ord. No. 11-2020]
LEGAL DRINKING AGE
Twenty-one years of age.
LICENSE
An authorization to sell alcohol beverages issued by a city, town or village.
[Amended 8-18-2020 by Ord. No. 11-2020]
PERMIT
Any permit issued by the Department of Revenue.
PERSON
A natural person, sole proprietorship, partnership, limited liability company, corporation or association or the owner of a single-owner entity that is disregarded as a separate entity under Wis. Ch. 71.
[Amended 8-18-2020 by Ord. No. 11-2020]
PREMISES
The area described in a license or permit.
SELL, SOLD, SALE or SELLING
Any transfer of alcohol beverages with consideration or any transfer without consideration if knowingly made for purposes of evading the law relating to the sale of alcohol beverages or any shift, device, scheme or transaction for obtaining alcohol beverages, including the solicitation of orders for, or the sale for future delivery of, alcohol beverages.
UNDERAGE PERSON
A person who has not attained the legal drinking age.
WHOLESALER
A person, other than a brewer, brew pub, manufacturer or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit or license to sell alcohol beverages at wholesale.
[Amended 8-18-2020 by Ord. No. 11-2020]
[Amended 8-18-2020 by Ord. No. 11-2020]
A. 
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.
B. 
No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on property, including any premises owned and occupied by the adult or occupied by the adult and under the adult's control. This subdivision applies at a lodging establishment, as defined in Wis. Stats. § 106.52(1)(d), only if the adult has furnished payment or security for lodging. This subsection does not apply to alcohol beverages used exclusively as part of a religious service.
C. 
No licensee or permittee may sell, vend, deal or traffic in alcohol beverage to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
D. 
No adult may intentionally encourage or contribute to a violation of § 163-3.
A. 
Any underage person who does any of the following is guilty of a violation:
(1) 
Possesses or consumes alcohol beverages on a licensed premises, unless accompanied by a parent, guardian or spouse who has attained the legal drinking age.
[Amended 8-18-2020 by Ord. No. 11-2020]
(2) 
Procures or attempts to procure alcohol beverages from a licensee or permittee.
(3) 
Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.
(4) 
Enters, knowingly attempts to enter or is on a licensed premises in violation of Wis. Stats. § 125.07(3)(a).
[Added 8-18-2020 by Ord. No. 11-2020]
(5) 
Except as provided in Subsection B, below, 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.
[Added 8-18-2020 by Ord. No. 11-2020]
B. 
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 or brew pub.
[Amended 8-18-2020 by Ord. No. 11-2020]
(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) 
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.
[Added 8-18-2020 by Ord. No. 11-2020]
[Amended 8-18-2020 by Ord. No. 11-2020]
A. 
Any person who commits a violation of § 163-2 of this article is subject to a forfeiture of:
(1) 
Not less than $25 nor more than $500 if the person has not committed a previous violation within 30 months of the violation.
(2) 
Not less than $200 nor more than $500 if the person has committed a previous violation within 30 months of the violation.
(3) 
Not less than $500 nor more than $1,000 or imprisoned for not more than 90 days or both if the person has committed two previous violations within 30 months of the violation.
(4) 
Not less than $1,000 nor more than $10,000 or imprisoned for not more than nine months or both if the person has committed three or more previous violations with 30 months of the violation.
B. 
Further, a court shall suspend any license or permit issued under Ch. 125, Wis. Stats., to a person for:
(1) 
Not more than three days, if the court finds that the person committed a violation within 12 months after committing one previous violation.
(2) 
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.
(3) 
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.
C. 
For purposes of determining previous violations under this article, the thirty-month period shall be measured from the dates of violations that resulted in an imposition of a forfeiture or a conviction. For purposes of determining whether or not a previous violation has occurred if more than one violation occurs at the same time, all those violations shall be counted as one violation.
[Amended 8-18-2020 by Ord. No. 11-2020]
A. 
Any person who violates § 163-3A(1) through (4) of this article is subject to the following:
(1) 
For the first violation, either a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privileges as provided for under Wis. Stats. § 343.30(6)(b)1, participation in a supervised work program or other community service work, or any combination of theses penalties.
(2) 
For a violation committed within 12 months of a 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 or any combination of these penalties. In addition, the person's operating privilege may be suspected as provided under Wis. Stats. § 343.30(6)(b)2, except if the violation involved a motor vehicle the person's operating privilege shall be suspended as provided under Wis. Stats. § 343.30(6)(b)2.
(3) 
For a violation committed within 12 months of two or more previous violations, a forfeiture of not less than $500 nor more than $750, participation in a supervised work program or other community service work or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under Wis. Stats. § 343.30(6)(b)3, except that if the violation involved a motor vehicle the person's operating privilege shall be suspended as provided under Wis. Stats. § 343.30(6)(b)3.
(4) 
For a violation committed within 12 months of three or more previous violations, either a forfeiture or not less than $750 nor more than $1,000, participation in a supervised work program or other community service work or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under Wis. Stats. § 343.30(6)(b)3.
B. 
Any person who violates § 163-3A(5) of this article 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 Wis. Stats. § 343.30(6)(b)1, participation in a supervised work program or other community service work 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 or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under Wis. Stats. § 343.30(6)(b)2, except that if the violation involved a motor vehicle the person's operating privilege shall be suspended as provided under Wis. Stats. § 343.30(6)(b)2.
(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 or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under Wis. Stats. § 343.30(6)(b)3, except that if the violation involved a motor vehicle the person's operating privilege shall be suspended as provided under Wis. Stats. § 343.30(6)(b)3.
(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 or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under Wis. Stats. § 343.30(6)(b)3, except that if the violation involved a motor vehicle the person's operating privilege shall be suspended as provided under Wis. Stats. § 343.30(6)(b)3.
C. 
Any juvenile who violates § 163-3 of this article is subject to the penalties found in Wis. Stats. § 938.344(2) and (2b).
D. 
For purposes of determining previous violations under this article, the twelve-month period shall be measured from the dates of violations that resulted in an imposition of a forfeiture or a conviction. For the purpose of determining whether or not a previous violation has occurred if more than one violation occurs at the same time, all those violations shall be counted as one violation.