A. 
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.
B. 
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:
(1) 
Any Village-owned or Village-controlled parking lot.
(2) 
Any public street, highway, alley, sidewalk, or other similar place within the Village of Black Earth.
(3) 
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.
C. 
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.
D. 
Leaving licensed premises with open container.
(1) 
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.
(2) 
No patron shall leave a premises licensed under Chapter 167 of this Code with an open container containing any alcohol beverage.
(3) 
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
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.
F. 
Definitions. As used in this section, the following terms shall have the meanings hereinafter set forth below:
ALCOHOL BEVERAGE
Has the meaning set forth in Chapter 167 of this Code.
PUBLIC AREA
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.
UNDERAGE PERSON
Any person under the legal drinking age as defined by the Wisconsin Statutes.
A. 
Sales of alcohol beverages to underaged persons.
(1) 
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.
(2) 
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.
B. 
Penalties.
(1) 
A person who commits a violation of Subsection A above is subject to a forfeiture of:
(a) 
Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or
(b) 
Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
(2) 
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.
C. 
Sale of alcohol beverages to intoxicated persons.
(1) 
No person may procure for, sell, dispense or give away alcohol beverages to a person who is intoxicated.
(2) 
No permittee may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated.
D. 
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
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:
(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) 
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.
(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) 
Ski chalets, golf clubhouses and private tennis clubs.
(5) 
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.
(6) 
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(7) 
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.
B. 
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.
A. 
Any underage person who does any of the following is guilty of a violation of this section:
(1) 
Procures or attempts to procure alcohol beverages.
(2) 
Knowingly possesses or consumes intoxicating liquor.
(3) 
Enters or is on a licensed premises in violation of § 202-30A above.
(4) 
Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.
B. 
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.
C. 
Monetary penalties. Any person violating Subsection A or B of this section is subject to the following penalties:
(1) 
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.
(2) 
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.
(3) 
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.
D. 
Supervised work program.
(1) 
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.
(2) 
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.
E. 
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.
F. 
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.
G. 
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.
H. 
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.
A. 
Persons who have attained the legal drinking age.[1]
(1) 
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.
(2) 
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Underage persons. Any underage person who does any of the following is subject to the penalties specified under § 202-31C or D above:
(1) 
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.
(2) 
Makes, alters or duplicates an official identification card.
(3) 
Presents false information to an issuing officer in applying for an official identification card.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALCOHOL BEVERAGE
Has the meaning set forth in § 167-1 of this Code.
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 1 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. 
Possession or consumption of alcohol beverages on school premises. Except as provided by Subsection C, 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. 
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.
D. 
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.
A. 
Prohibitions.
(1) 
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.
(2) 
No adult may intentionally encourage or contribute to a violation of § 202-31A or B of this article.
B. 
A person who violates this section is subject to a forfeiture of not more than $200.