[Adopted by Ord. No. 83-3; mended by Ord. No. 88-1]
As used in this article, the following terms shall have the meanings indicated:
ALCOHOL BEVERAGES
Fermented malt beverages and intoxicating liquor.
CLUB
An organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain and which only sells alcohol beverages incidental to its operation.
DEPARTMENT
The Wisconsin Department of Revenue.
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 5/10 of 1% or more of alcohol by volume.
HOTEL
A hotel as defined in § 254.61(3), Wis. Stats., provided with a restaurant.
INTOXICATING LIQUOR
All ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 5/10 of 1% or more of alcohol by volume, which are beverages, but does not include fermented malt beverages which contain less than 5% of alcohol by weight.
LEGAL DRINKING AGE
Twenty-one years of age.
LICENSE
An authorization to sell alcohol beverages issued by a municipal governing body under Chapter 125, Wis. Stats.
PERMIT
Any permit issued by the Wisconsin Department of Revenue under Chapter 125, Wis. Stats.
PERSON
A natural person, sole proprietorship, partnership, corporation or association.
PREMISES
The area described in a license or permit.
RESTAURANT
A restaurant as defined in § 254.61(5), Wis. Stats.
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.
A. 
Restrictions. No underage person, not accompanied by his or her parent, guardian or spouse who has attained legal drinking age, may enter or be on any premises for which a license or permit for the retail sale or 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 section 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) 
Any 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; any 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 Chapters 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 license or permit and a restaurant permit where the principal business conducted is that of a restaurant. If the premises are operated under both 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 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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(8) 
Any underage person who enters or remains in a room on 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 underage person is authorized under this section. An underage person may enter and remain on Class B premises under this section only if the municipality which issued the 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 issued to the 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 the health, welfare or safety of the underage person or 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.
B. 
Penalties.
(1) 
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 of this section is subject to a forfeiture of not more than $500, together with costs of prosecution and penalty assessment, and, in default of the payment of that sum, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 30 days.
(2) 
An underage person who enters or is on a premises licensed for the sale of alcohol beverages in violation of Subsection A of this section is subject to a forfeiture of not more than $25, except that disposition in proceedings against a person who is under 18 years of age on the date of disposition shall be as provided by § 938.344, Wis. Stats.
A. 
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 legal drinking age or procure for, sell, dispense or give away any intoxicating liquor to any underage person.
B. 
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 legal drinking age or sell, vend, deal or traffic in intoxicating liquor to or with any underage person.
Any person who falsely represents that he or she is of legal drinking age for the purpose of receiving alcohol beverages from a licensee or permittee is subject to a forfeiture of not more than $25, together with costs of prosecution and penalty assessment, and, in default of the payment of that sum, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 30 days, except that disposition in proceedings against a person who is under 18 years of age on the date of the disposition shall be provided by § 938.344, Wis. Stats.
Any underage person who knowingly possesses or who consumes in public any intoxicating liquor, or any underage person not accompanied by his or her parent, guardian or spouse who has attained legal drinking age who knowingly possesses or consumes in public any fermented malt beverage, is subject to a forfeiture of not more than $25, except that disposition in proceedings against a person under 18 years of age on the date of disposition shall be as provided by § 938.344, Wis. Stats. This section does not prevent an underage person in the employ of a licensee or permittee from possessing fermented malt beverage for sale or delivery to customers.
A. 
As used in this section, the following terms shall have the meanings indicated:
MOTOR VEHICLE
A motor vehicle owned, rented or consigned to a school.
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.
SCHOOL ADMINISTRATOR
The person designated by the governing body of a school as ultimately responsible for the ordinary operations of a school.
SCHOOL PREMISES
Premises owned, rented or under the control of a school.
B. 
Except as provided by Subsection C of this section, no person may possess or consume alcohol beverages:
(1) 
On school premises;
(2) 
In a motor vehicle, if a pupil attending the school is in the motor vehicle; or
(3) 
While participating in a school-sponsored activity.
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.
D. 
A person who violates this section is subject to a forfeiture of not more than $200, together with costs of prosecution and penalty assessment, and, in default of the payment of that sum, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 30 days, except that disposition in proceedings against a person who is under 18 years of age on the date of disposition shall be as provided by § 938.344, Wis. Stats.
A. 
In this section, "violation" means a violation of this section or § 125.07(1)(a), Wis. Stats.
B. 
A person who commits a violation of § 142-13 is subject to a forfeiture of not more than $500, together with costs of prosecution and penalty assessment, if the person has not committed a previous violation of § 142-13 or § 125.07(1)(a), Wis. Stats., within 12 months of the violation or not less than $200 or more than $500, together with costs of prosecution and penalty assessment, if the person has committed a previous violation of § 142-13 or § 125.07(1)(a), Wis. Stats., within 12 months of the violation and, in default of the payment of that sum, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 30 days.
C. 
A court shall suspend any license or permit issued under Chapter 125, Wis. Stats., to a person and shall revoke the person's right to purchase stamps from the Department 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; or
(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.
D. 
The court shall promptly mail notice of a suspension under this section to the Department and to the clerk of each municipality which has issued a license or permit to the person.