[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:
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.
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.
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.
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.
Any underage person who procures or attempts to procure alcohol beverages
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 in § 938.344, Wis. Stats.