[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:
Fermented malt beverages and intoxicating liquor.
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.
The Wisconsin Department of Revenue.
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.
A hotel as defined in § 254.61(3), Wis. Stats., provided
with a restaurant.
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.
Twenty-one years of age.
An authorization to sell alcohol beverages issued by a municipal
governing body under Chapter 125, Wis. Stats.
Any permit issued by the Wisconsin Department of Revenue under Chapter
125, Wis. Stats.
A natural person, sole proprietorship, partnership, corporation or
association.
The area described in a license or permit.
A restaurant as defined in § 254.61(5), Wis. Stats.
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.
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]
(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.
MOTOR VEHICLE
SCHOOL
SCHOOL ADMINISTRATOR
SCHOOL PREMISES
As used in this section, the following terms shall have
the meanings indicated:
A motor vehicle owned, rented or consigned to a 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.
The person designated by the governing body of a school as ultimately
responsible for the ordinary operations of a school.
Premises owned, rented or under the control of a school.
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.
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.
