City of Manawa, WI Chapter 86 Alcoholic Beverages

[HISTORY: Adopted by the Common Council of the City of Manawa: Art. I, 10-18-1993 as Title 11, Ch. 5 of the 1989 Code of Ordinances; Art. II, 10-18-1993 as Sec. 7-3-1 of the 1989 Code of Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Fermented malt beverages and intoxicating liquor — See Ch. 147.

Minors — See Ch. 201.

Peace and good order — See Ch. 232.

Article I General Provisions [1]

[Adopted 10-18-1993 as Title 11, Ch. 5 of the 1989 Code of Ordinances]

[1] Editor's Note: For enforcement of this article, see also Ch. 232, Peace and good order, § 232-27.

§ 86-1 Outside consumption. [1]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

ALCOHOLIC BEVERAGE

Shall include all ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, as well as all liquors and liquids made by the alcoholic fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated or degerminated grains or sugar, which contain 1/2 of 1% or more of alcohol by volume and which are fit for use for beverage purposes.

PUBLIC AREA

Shall be construed to mean any location within the city 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.

B. Alcoholic beverages in public areas.

(1) Regulations. It shall be unlawful for any person to sell, serve or give away or offer to sell, serve or give away any alcoholic beverage upon any public street, sidewalk, alley, public parking lot, highway, cemetery or drive or other public area within the city or on private property without the owner's consent, except at licensed premises. It shall be unlawful for any person to consume or have in his or her possession any open container containing alcohol beverage upon any public street, public sidewalk, public way, public alley or public parking lot within the city, except at licensed premises.

(2) Parks. It shall be unlawful for any person to drink or have in his or her possession any alcohol beverage in any city park between the hours of 11:00 p.m. and 6:00 a.m., except at licensed premises, except that no alcoholic beverages are permitted in Lindsay Park, Triangle Park or any other city park when there are school-sponsored activities.

[Amended 11-20-2017 by Res. No. 2017-11]

(3) Private property held out for public use. It shall be unlawful for any person to consume any alcohol beverages upon any private property held open for public use within the city, unless the property is specifically named as being part of a licensed premises.

(4) Leaving licensed premises with open container.

(a) It shall be unlawful for any licensee, permittee or operator to permit any patron to leave the licensed premises with an open container containing any alcohol beverage.

(b) It shall be unlawful for any patron to leave a licensed premises with an open container containing any alcohol beverage.

(c) It shall be unlawful for any patron to remove an original, unopened package, container or bottle containing any alcohol beverage from a Class "A" licensed premises between the hours of 9:00 p.m. and 6:00 a.m.

(5) Picnic beer permits for parks.

(a) It shall be unlawful for any group of persons to use a park shelter house and consume any alcohol beverages in any park areas without first obtaining a picnic beer permit from the city. The picnic beer permit shall be issued by the Clerk-Treasurer, with a copy of the permit sent to the Chief of Police.

(b) Applicants for special Class "B" permits shall fully comply with the requirements of Chapter 147, § 147-16.

(c) The sale of fermented malt beverages from remote sites, that is, other than the main point-of-sale facility, shall be prohibited after the hour of 9:00 p.m.

(6) Exceptions.

(a) The provisions of this section may be waived by the Common Council for duly authorized events.

(b) Any organization which has been issued a special Class "B" fermented malt beverage picnic license pursuant to this Code is excepted, provided that the provisions of this article and Chapter 147 are fully complied with.

[1] Editor's Note: See also Ch. 147, § 147-16.

§ 86-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

UNDERAGE PERSON

Any person under the legal drinking age as defined by the Wisconsin statutes.

§ 86-3 Sale to underage or intoxicated persons.

A. Sales of alcohol beverages to underage 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, the Common Council shall suspend any license issued under the following chapters or articles of this Code to a person violating this section, pursuant to W.S.A. s. 125.07(1)(b)3: Article II, Pharmacists' Permits, of this chapter; Chapter 90, Amusement Arcades; Chapter 94, Animals; Chapter 114, Cigarettes; Chapter 131, Public Entertainment; Chapter 147, Fermented Malt Beverages and Intoxicating Liquor; Chapter 155, Fireworks; Chapter 184, Licenses and Permits; Chapter 192, Massage Establishments; Chapter 197, Nonmetallic Mining; Chapter 206, Mobile Homes; Chapter 254, Sales; and Chapter 273, Streets and Sidewalks, Article III, Street Use Permits.

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 licensee or 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 or imprisoned for not more than 60 days, or both.

(State law reference: W.S.A. s. 125.07)

§ 86-4 Underage persons in places of sale.

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 the persons and businesses enumerated in W.S.A. s. 125.07(3)(A).

[Amended 1-3-2000]

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.

§ 86-5 Prohibited acts by underage persons.

A. Any underage person who does any of the following is guilty of a violation:

(1) Procures or attempts to procure alcohol beverages.

(2) Knowingly possesses or consumes intoxicating liquor.

(3) Enters or is on licensed premises in violation of § 86-4A.

(4) Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.

(5) 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.

[Amended 1-3-2000]

(6) Makes, alters or duplicates an official identification card.

(7) Presents false information to an issuing officer in applying for an official identification card.

(8) Intentionally carries an identification card or other documentation showing that the person has attained the legal drinking age, with knowledge that the documentation is false.

(9) Provides to another underage person an official identification card or other documentation purporting to show that the other underage person has attained the legal drinking age, with knowledge that the documentation is false.

B. Any underage person not accompanied by his or her parent, guardian or spouse who has attainted the legal drinking age who knowingly possesses or consumes fermented malt beverage is guilty of a violation.

C. Any person violating Subsection A or B 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 W.S.A. s. 343.30(6)(b)1, participation in a supervised work program under Subsection D 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 W.S.A. s. 343.30(6)(b)2, 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 W.S.A. s. 343.30(6)(b)3, 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 under this subsection, the court shall set standards for the program within the budgetary limits established by the Common Council. 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 E 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 W.S.A. s. 48.344, unless proceedings have been instituted against the person in a court of civil or criminal justice after dismissal of the citation under W.S.A. s. 48.344(3).[1]

[1] Editor's Note: Said s. 48.344 was repealed by 1995 Act 77. See now W.S.A. s. 938.344.

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.

§ 86-6 Defense of sellers.

A. Defenses. Proof of the following facts by a seller of alcohol beverages to an underage person is a defense to any prosecution for a violation of this article:

(1) That the purchaser falsely represented, in writing and supported with other documentary proof, that he or she had attained the legal drinking age.

(2) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the legal drinking age.

(3) That the sale was made in good faith and in reliance on the written representation and appearance of the purchaser in the belief that the purchaser had attained the legal drinking age.

B. Book kept by licensees and permittees. Every retail alcohol beverage licensee or permittee shall cause a book to be kept for the purpose of this section. The licensee or permittee or his or her employee shall require any person who has shown documentary proof that he or she has attained the legal drinking age to sign the book if the person's age is in question. The book shall show the date of the purchase of the alcohol beverages, the identification used in making the purchase, the address of the purchaser and the purchaser's signature.

[State law reference: W.S.A. s. 125.07(6) and (7)]

§ 86-7 False or altered identification cards.

A. Any person who has attained the legal drinking age, other than one authorized by W.S.A. s. 125.08 or 343.50,[1] who makes, alters or duplicates an official identification card, who provides an official identification card to an underage person or who knowingly provides other documentation to any underage person purporting to show that the underage person has attained the legal drinking age may be subject to a forfeiture of not less than $50 nor more than $500 upon conviction.

[1] Editor's Note: Said s. 125.08 was repealed by 1989 Act 31.

B. 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 or imprisoned not more than 10 days, or both.[2]

[2] Editor's Note: Former § 86-7C, which immediately followed this subsection, regarding violations by underage persons, was deleted 1-3-2000. See now § 86-5A.

§ 86-8 Possession on school grounds. [1]

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 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. 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. 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, except that W.S.A. s. 48.344[2] and § 86-5C and D of this chapter provide the penalties applicable to underage persons.

[2] Editor's Note: Said s. 48.344 was repealed by 1995 Act 77. See now W.S.A. s. 938.344.

[1] Editor's Note: See also Ch. 201, Minors, § 201-5.

§ 86-9 Adult permitting or encouraging underage violation.

A. 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.

B. No adult may intentionally encourage or contribute to a violation of § 86-5A or B.

C. A person who violates this section is subject to a forfeiture of not more than $200.

[State law reference: W.S.A. s. 125.07(1)(a)3 and 4]

§ 86-10 Solicitation of drinks.

Any licensee, permittee or bartender of a retail alcohol beverage establishment covered by a license or permit issued by the city who permits an entertainer or an employee to solicit a drink of any alcohol beverage defined in W.S.A. s. 125.02(1) or any other drink from a customer on the premises or any entertainer or employee who solicits such drinks from any customer is deemed in violation of this article.

Article II Pharmacists' Permits

[Adopted 10-18-1993 as Sec. 7-3-1 of the 1989 Code of Ordinances]

§ 86-11 Issuance and effect of permit; fee.

A. A pharmacist's permit, when issued by the City Clerk-Treasurer in and upon compliance with this Code and the Wisconsin statutes, shall entitle and authorize the holder thereof to possess, sell or offer for sale intoxicating liquors, as defined by W.S.A. s. 125.02, in quantities less than four liters, for medicinal or scientific purposes only and not to be drunk on the premises. Said sales shall be made in compliance with W.S.A. s. 125.57.[1]

[1] Editor's Note: Said s. 125.57 was repealed by 1989 Act 253.

B. Upon the approval of the application by the Common Council, the City Clerk-Treasurer shall, upon filing by the applicant of a receipt showing the payment to the city of a permit fee of $10, issue to the applicant a permit.

C. Each permit shall be numbered in the order in which issued and shall specifically state the premises for which issued, the fee paid and the name of the licensee.