[HISTORY: Adopted by the Village Board of the Village of
Pleasant Prairie 4-2-2012 by Ord. No. 12-13. Amendments noted where
applicable.]
GENERAL REFERENCES
Intoxicating liquor and fermented malt beverages — See Ch. 194.
The Village Board of the Village of Pleasant Prairie intends
to discourage underage possession and consumption of alcohol, even
if done within the confines of a private residence, and intends to
hold persons civilly responsible who host events or gatherings where
persons under 21 years of age possess or consume alcohol regardless
of whether the person hosting the event or gathering supplied the
alcohol. The Village Board of the Village of Pleasant Prairie finds:
A.
Events and gatherings held on private or public property where alcohol
is possessed or consumed by persons under the age of 21 are harmful
to those persons and constitute a potential threat to public health
requiring prevention or abatement.
B.
Prohibiting underage consumption acts to protect underage persons,
as well as the general public, from injuries related to alcohol consumption,
such as alcohol overdose or alcohol-related traffic collisions.
C.
Alcohol is an addictive drug which, if used irresponsibly, could
have drastic effects on those who use it as well as those who are
affected by the actions of an irresponsible user.
D.
Often, events or gatherings involving underage possession and consumption
occur outside the presence of parents. However, there are times when
the parent(s) is/are present and condone the activity and, in some
circumstances, provide the alcohol.
E.
A deterrent effect will be created by holding a person responsible
for hosting an event or gathering where underage possession or consumption
occurs.
For purposes of this chapter, the following terms have the following
meanings:
- ALCOHOL
- Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin or any other distilled spirits, including dilutions and mixtures thereof from whatever source or by whatever process produced.
- ALCOHOLIC BEVERAGE
- Alcohol, spirits, liquor, wine, beer and every liquid or solid contained alcohol, spirits, wine or beer, and which contains 1/2 of 1% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
- EVENT or GATHERING
- Any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
- HOST or ALLOW
- To aid, conduct, entertain, organize, supervise, control or permit a gathering or event.
- IN CONTROL
- The power to direct, manage, oversee and/or restrict the affairs, business or assets of a person or entity.
- PARENT
- Any person having legal custody of a juvenile:
- PRESENT
- Being at hand or in attendance.
- RESIDENCE, PREMISES or PUBLIC OR PRIVATE PROPERTY
- Any home, yard, farm, field, land, apartment, condominium, hotel or motel room or other dwelling unit, or a hall or meeting room, park or any other place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented or used with or without permission or compensation.
- UNDERAGE PERSON
- Is any individual under 21 years of age.
It is unlawful for any person(s) to host or allow an event or
gathering at any residence, premises or on any other private or public
property where alcohol or alcoholic beverages are present when the
person knows that an underage person will or does consume any alcohol
or alcoholic beverage, or possess any alcohol or alcoholic beverage
with the intent to consume it, and the person fails to take reasonable
steps to prevent possession or consumption by the underage person(s).
A.
A person is responsible for violating this section if the person
intentionally aids, advises, hires, counsels or conspires with or
otherwise procures another to commit the prohibited act.
B.
A person who hosts an event or gathering does not have to be present
at the event or gathering to be responsible.
A.
This chapter does not apply to conduct solely between an underage
person and his or her parents while the parent is present and in control
of the underage person.
B.
This chapter does not apply to legally protected religious observances.
C.
This chapter does not apply to situations where underage persons
are lawfully in possession of alcohol or alcoholic beverages during
the course and scope of employment.
A person who violates any provision of this chapter is subject
to a forfeiture of not less than $1,000 or more than $5,000, together
with the costs of prosecution. A person who is in default of payment
is subject to imprisonment in the county jail until the forfeiture
and costs are paid.
