[HISTORY: Adopted by the Board of Supervisors of Adams County as indicated in article histories. Amendments noted where applicable.]
Article I General Regulations
Article II Social Hosting
[Adopted 1-21-1986 by Ord. No. 1-1986]
Except as otherwise specifically provided in this article, the statutory provisions set forth in Ch. 125, Wis. Stats., describing and defining regulations with respect to alcohol beverages, exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment, are hereby adopted and by incorporation and reference made a part of this article as if fully set forth herein. Any future amendments, revisions, or modifications of the statutory regulations in Chapter 125 incorporated herein are intended to be made part of this article.
Any act required to be performed or prohibited by any regulation incorporated herein by reference is required or prohibited by this article.
Forfeiture penalty. The penalty for violation of any provision of this article shall be a forfeiture of a sum identical to the penalty amount as provided in Ch. 125, Wis. Stats. Where appropriate, license suspension or revocation may be imposed in addition to the forfeiture.
Deposits and stipulations. Persons arrested or cited for violation of this article shall be permitted to make deposits in accordance with the deposit schedule established pursuant to law and adopted, as amended from time to time, by the Wisconsin Judicial Conference.
This article shall be titled and known as the "Adams County Alcohol Beverage Ordinance."
[Adopted 4-19-2016 by Ord. No. 10-2016]
The Adams County Board of Supervisors finds that:
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.
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.
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.
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(s) the activity, and in some circumstances provide(s) the alcohol.
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 article, the following terms have the following meanings:
- 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 containing 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
- Having the power to direct, manage, oversee and/or restrict the affairs, business or assets of a person or entity.
- Any person having legal custody of a juvenile:
- 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
- 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 person is responsible for violating Subsection A above if the person intentionally aids, advises, hires, counsels or conspires with or otherwise procures another to commit the prohibited act.
A person who hosts an event or gathering does not have to be present at the event or gathering to be responsible.
This article 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.
This article does not apply to legally protected religious observances.
This article 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 article is subject to a forfeiture of not less than $500 nor more than $5,000 together with the costs of prosecution or penalties may follow current Wisconsin Statute. A person who is in default of payment is subject to standard default rules and regulations.