[HISTORY: Adopted by the Town Board of the
Town of Woodruff as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-11-1986 as §§ 12.03 and 12.15
of the 1986 Code]
The provisions of Ch. 125, Wis. Stats., defining and regulating the sale, procurement, dispensing, consumption and transfer of alcohol beverages, including provisions relating to persons under the legal drinking age, are adopted and made a part of this article by reference. A violation of any of such provisions shall constitute a violation of this article.
A.
When required. Except as provided by § 125.06, Wis. Stats., no person shall, within the Town, serve, sell, manufacture, rectify, brew or engage in any other activity for which this article or Ch. 125, Wis. Stats., requires a license, permit or other authorization without holding the appropriate license, permit or other authorization as provided in this article. See § 125.04(1), Wis. Stats.
B.
Separate license required for each place of sale.
Except for licensed public warehouses, a license shall be required
for each location or premises where alcohol beverages are stored,
sold or offered for sale. See § 125.04(9), Wis. Stats.
The following classes and denominations of licenses
may be issued by the Town Clerk under the authority of the Town Board,
upon compliance with law and payment of the fee as provided in the
Town Fee Schedule,[1] which, when so issued, shall permit the holder to sell,
deal or traffic in alcohol beverages as provided in the referenced
state statute:
A.
Class "A" fermented malt beverage retailer's license.
See § 125.25, Wis. Stats.
B.
Class "B" fermented malt beverage retailer's license.
See § 125.26, Wis. Stats.
(1)
Six months. A Class "B" license may be issued at any
time for six months in any calendar year for 50% of the applicable
license fee. Such license shall not be renewable during the calendar
year in which issued. See § 125.26(5), Wis. Stats.[2]
(2)
Special event (picnic). See § 125.26(6),
Wis. Stats.
C.
Wholesaler's fermented malt beverage license. See
§ 125.28, Wis. Stats.
D.
Retail "Class A" liquor license. See § 125.51(2),
Wis. Stats.
E.
Retail "Class B" liquor license. A retail "Class B"
liquor license shall permit its holder to sell liquor in original
packages or containers in multiples in any quantity to be consumed
off the licensed premises. See § 125.51(3), Wis. Stats.
[Amended 4-22-2008; 3-23-2021]
(1)
A license may be issued after July 1 in any license
year which shall expire on the following June 30. The fee for the
license shall be prorated according to the number of months or fractions
of months remaining until the following June 30.
(2)
Licenses valid for six months may be issued at any
time. The fee for such license shall be 50% of the annual license
fee. The license may not be renewed during the calendar year in which
issued. See § 125.51(9), Wis. Stats.
G.
Operator's license. See § 125.17, Wis. Stats.
(1)
Operators' licenses may be granted to individuals
by the Town Board for the purpose of complying with §§ 125.32(2)
and 125.68(2), Wis. Stats.
(2)
Operators' licenses may be issued only on written
application on forms provided by the Town.
(3)
Operators' licenses shall be valid for one or two
years and shall expire on June 30 of each year or on June 30 of the
second year after issuance.
(5)
The fee for an initial operator's license is $30 per
year. The fee for renewal of an operator's license is $25 per year.
[Added 4-22-2008]
H.
Provisional operator's license. A provisional operator's
license may be issued by the Town Clerk in accordance with § 125.17(5),
Wis. Stats., only to a person who has applied for an operator's license.
A provisional license may not be issued to any person who has been
denied a license by the Town Board. A provisional license expires
60 days after its issuance or when a regular operator's license is
issued to the holder, whichever is sooner. The fee for a provisional
operator's license is $15.
[Added 4-22-2008]
A.
Form. Application for a license to sell or deal in
intoxicating liquor or fermented malt beverages shall be made in writing
on forms prescribed by the Wisconsin Department of Revenue and filed
with the Town Clerk at least 15 days prior to issuance. The premises
shall be physically described, including every room and storage space
to be covered by the license and including all rooms joined by connecting
entrances or not separated by a solid wall.
B.
Application to be notarized. The application shall
be signed and sworn to by the applicant as provided by § 887.01,
Wis. Stats.
C.
Publication. Prior to issuance of a license under
this article, the Town Clerk shall publish notice of the application
in the official Town newspaper.
D.
List of licensees. By July 15 of each year, the Clerk
shall forward to the State Department of Revenue a list containing
the name, address and trade name of each person holding a license
issued under this article, except a picnic, manager's or operator's
license.
E.
Late fee.
[Added 4-16-2013]
(1)
All
applications to be acted upon at the first meeting in June of each
year must be filed on or before May 1 of each year. The Clerk may
conditionally accept renewal applications offered for filing notwithstanding
the deadline provided in this subsection but shall not forward to
the Chief of Police or Town Board any application for which there
is a deficiency or lack of compliance with any requirement in the
application process. A late filing fee of $100 shall be required paid
prior to the Town Board granting the license for each of the following:
(2)
The
late fee charge is imposed to recover the cost of processing the noncomplying
application. Payment of the late filing fee shall not relieve any
person from any other penalties prescribed in this chapter for failure
to possess or obtain a license.
A.
Statutory requirements. Licenses shall be issued only
to persons eligible therefor under §§ 125.04 and 125.33(7)(b),
Wis. Stats.
B.
Location. No retail "Class A" or "Class B" license
shall be issued for premises the main entrance of which is less than
300 feet from the main entrance of any established public school,
parochial school, hospital or church. Such distance shall be measured
by the shortest route along the highway from the closest point of
the main entrance of such school, church or hospital to the main entrance
of the premises covered by the license. This subsection shall not
apply to premises licensed as such on June 30, 1947, nor shall it
apply to any premises licensed as such prior to the occupation of
real property within 300 feet thereof by any school, hospital or church
building.
C.
Violators of liquor or beer laws or ordinances. No
retail Class A or B license shall be issued to any person who has
been convicted of a violation of any federal or state liquor or fermented
malt beverage law or the provisions of this article or whose license
has been revoked under § 125.12, Wis. Stats., during one
year prior to such application. A conviction of a member of a partnership
or the partnership itself shall make the partnership or any member
thereof ineligible for such license for one year.
D.
Health and sanitation requirements. No retail Class
B license shall be issued for any premises which does not conform
to the sanitary, safety and health requirements of the State Department
of Commerce pertaining to buildings and plumbing, to the rules and
regulations of the State Department of Health and Family Services
applicable to restaurants, and to all such ordinances and regulations
adopted by the Town Board.
E.
License quota. The number of persons and places that
may be granted a retail "Class B" liquor license under this article
is limited as provided in § 125.51(4), Wis. Stats.
F.
Corporations. No corporation organized under the laws
of this state or of any other state or foreign country may be issued
any alcohol beverage license or permit unless such corporation meets
the requirements of § 125.04(6), Wis. Stats.
G.
Age requirement. No license hereunder, except an operator's
license, shall be granted to any person who has not attained the legal
drinking age. Operators' licenses may be issued only to applicants
who have attained the age of 18.
H.
Effect of revocation of license. Twelve months shall
elapse before another license shall be granted to the person whose
license was revoked.
I.
Delinquent taxes, assessments and claims. No license
shall be granted for any premises for which taxes, assessments or
other claims of the Town are delinquent and unpaid or to any person
delinquent in payment of such claims, including unpaid forfeiture
judgments, to the Town.
J.
Issuance for sales in dwellings prohibited. No license
shall be issued to any person for the purpose of possessing, selling
or offering for sale any alcohol beverages in any dwelling house,
flat or residential apartment.
K.
Fencing required for special events. No special event
license shall be issued for any outdoor area which is not fenced and
posted with notice that fermented malt beverages may not be carried
or consumed outside the fenced area. Every special event licensee
shall provide for the services of a uniformed officer to enforce the
provisions of this subsection.
[Amended 4-22-2008]
All licenses shall be numbered in the order
in which they are issued and shall state clearly the specific premises
for which granted, the date of issuance, the fee paid and the name
of the licensee and, unless sooner revoked, shall expire on June 30
thereafter except as otherwise provided by law.
A.
As to person. No license shall be transferable as
to licensee except as provided by § 125.04(12), Wis. Stats.
B.
As to place. Licenses issued pursuant to this article
may be transferred to another premises once during any license year
as provided in § 125.04(12), Wis. Stats. Application for
such transfer shall be made on blanks furnished by the State Department
of Revenue. Proceedings for transfer shall be had in the same manner
and form as the original application. The fee for such transfer shall
be as provided in the Town Fee Schedule.[1]
Every license or permit required under this
article shall be framed and posted and at all times displayed as provided
in § 125.04(10), Wis. Stats. No person shall post such license
or permit any other person to post it upon premises other than those
mentioned in the application or knowingly deface or destroy such license.
A.
Gambling and disorderly conduct prohibited. Each licensed
and permitted premises shall at all times be conducted in an orderly
manner, and no disorderly, riotous or indecent conduct or gambling
(except as provided by state law) shall be allowed at any time on
any such premises.
B.
Employment of underage persons. No licensee shall
employ any underage person who does not have a valid operator's license
to serve, sell dispense or give away any alcohol beverage; provided,
however, that a person at least 18 years of age may sell, serve or
dispense alcohol beverages if he or she is under the immediate supervision
of the licensee, permittee, agent or a person holding an operator's
license who is on the premises at the time of the service.
[Amended 4-22-2008]
C.
Sales by clubs. No club shall sell intoxicating liquors
or fermented malt beverages except to members and guests invited by
members.
D.
Safety and sanitation requirements. Each licensed
premises shall be maintained and conducted in a sanitary manner and
shall be a safe and proper place for the purpose for which used.
A.
No premises for which an alcohol beverage license
has been issued shall remain open for the sale of alcohol beverages:
(1)
If a retail Class "A" fermented malt beverage license,
between 12:00 midnight and 6:00 a.m.
[Amended 4-28-1993; 12-27-2011]
(2)
If a retail "Class A" intoxicating liquor license,
between 9:00 p.m. and 6:00 a.m.
[Amended 12-27-2011]
(3)
If a retail Class B license, between 2:00 a.m. and
6:00 a.m. on weekdays and between 2:30 a.m. and 6:00 a.m. on Saturdays
and Sundays. On January 1 premises operating under a Class B license
are not required to close. No package, container or bottle sales may
be made after 12:00 midnight.
B.
Hotels and restaurants, the principal business of
which is the furnishing of food or lodging to patrons, bowling alleys,
indoor horseshoe pitching facilities, curling clubs, golf courses
and golf clubhouses may remain open for the conduct of their regular
business but no intoxicating liquors or fermented malt beverages shall
be sold during prohibited hours.
[Amended 6-11-1997; 1-12-1999]
A.
Suspension/revocation of alcohol beverage licenses by the Town of Woodruff for violations under Ch. 125, Wis. Stats., as they relate to alcohol beverage license regulation. It is the purpose of this section to assure uniformity in suspension/revocation actions taken by the Town against alcohol beverage licenses issued in the Town of Woodruff.
B.
Procedure.
(1)
The Town Board of Woodruff, hereinafter referred to
as the "Board," shall follow the procedure outline in § 125.12,
Wis. Stats., when taking suspension/revocation action against any
alcohol beverage license issued by the Board.
(2)
If the action is initiated by a citizen or a Board
member, the Board may take immediate action and upon notice hold a
hearing under § 125.12, Wis. Stats.
(3)
If the action is resulting from the arrest of a license
holder, or agent thereof, and upon conviction in Circuit Court, the
Board shall hold a hearing under § 125.12, Wis. Stats.,
for all second and subsequent convictions.
C.
Violations and penalties.
(1)
All actions being affirmed by the Board, or any conviction under Ch. 125, Wis. Stats., in Circuit Court against an alcohol beverage license holder, shall be considered as a violation under this section.
(2)
Violations shall be counted from the date of said
violation and shall accrue for a period of 36 months.
(3)
All actions where the complaint is found true by the
Board shall result in the following penalties:
(a)
First action approved by the Board shall result
in a minimum ten-day to a maximum nineteen-day suspension.
(b)
Second action approved by the Board shall result
in a minimum twenty-day to a maximum twenty-nine-day suspension.
(c)
Third action approved by the Board shall result
in a minimum thirty-day to a maximum forty-day suspension.
(d)
Fourth action approved by the Board shall result
in a twelve-month revocation.
Before renewal of any license issued under this
article is refused, the licensee shall be given written notice of
any charges or violations or the reasons proposed for nonrenewal and
a copy of any proposed motion for nonrenewal and shall have an opportunity
to be heard before the Town Board.
A violation of this article by an authorized
agent or employee of a licensee shall constitute a violation by the
licensee. [1]
[1]
Editor's Note: Original § 12.03(14), Selling or giving beer to underage persons prohibited, and (15), Purchase or possession of intoxicating liquor or fermented malt beverages by underage persons prohibited, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Art. II of this chapter.
A.
Prohibited conduct. No person possessing a Class "B"
fermented malt beverage retailer's license or a "Class B" retailer's
intoxicating liquor license, personally or through his agent or employee,
shall permit or engage in the following conduct on licensed premises
and no entertainer or employee shall engage in the following conduct
on the licensed premises:
(1)
The performance of acts or simulated acts of sexual
intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation
or any sexual acts which are prohibited by law.
(2)
The actual or simulated touching, caressing or fondling
of the breast, buttocks, anus, vulva or genitals.
(3)
The actual or simulated displaying of the areola of
the breast, pubic hair, anus, vulva or genitals.
(4)
The showing of films or slides depicting any of the
acts which are prohibited by the regulations stated above.
B.
Certain performances and costumes prohibited. No licensee,
either personally or through his or her agent or employee, shall furnish
entertainment or permit the performance of any act, stunt or dance
by dancers, performers or entertainers, whether such dancers, performers
or entertainers are employed by the licensee or through his or her
agent or not, and no entertainer or employee shall furnish any entertainment
or perform any act, stunt or dance unless such dancers, performers
or entertainers shall meet the following wearing apparel standards
when performing or when present upon the premises:
(1)
That portion of every costume to be worn by dancers,
performers or entertainers covered by the provisions of this section
and which relates to the breast or chest area and/or to the area of
the sex organs and buttocks shall be of nontransparent material.
(2)
The top portion of the costume worn by a female dancer,
performer or entertainer or a female impersonator shall be so conformed,
fabricated and affixed to the body so as to keep the areola of the
breast completely covered at all times.
(3)
The lower portion of the costume worn by a female
dancer, performer or entertainer or a female impersonator shall encircle
the body at the area of the sex organs and buttocks. This portion
of the costume shall be of such dimensions and so conformed, fabricated
and affixed to the body so as to completely cover the sex organs,
pubic hair and the cleavage of the buttocks at all times. An animal
fur piece or other device simulating the hair surrounding the pubic
area shall not constitute compliance with the costume requirements
of this section.
(4)
The lower portion of the costume worn by a male dancer,
performer or entertainer shall encircle the area of the sex organs
and the buttocks. This portion of the costume shall be of such dimensions
and so conformed, fabricated and affixed to the body so as to completely
cover the pubic hair, sex organ and the cleavage of the buttocks at
all times.
C.
Disorderly conduct by patrons prohibited. No licensee,
either personally or through his agent or employee, shall permit any
patron to participate in any act, stunt or dance in violation of the
provisions of this section.
In addition to the revocation, suspension or nonrenewal of any license or permit issued under this article, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in § 1-3 of this Code.
[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
A.
ALCOHOL BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. The following definitions shall be applicable
in this section:
Includes 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.
Any location within the Town 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.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.
B.
Alcohol 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
alcohol beverage upon any public street, sidewalk, alley, public parking
lot, highway, municipal building, library, cemetery or drive or other
public area within the Town of Woodruff 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/her possession any open container
containing alcohol beverage upon any public street, public sidewalk,
public way, municipal building, library, public alley or public parking
lot within the Town of Woodruff.
(2)
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 Town unless the
property is specifically named as being part of a licensed premises.
C.
Exceptions.
(1)
The provisions of this section may be waived by the
Town Board for duly authorized events.
(2)
This section shall not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area and event pursuant to this Code, provided that the provisions of this article and Article I of this chapter are fully complied with.
(3)
The provisions of this section regarding open consumption
of fermented malt beverages or intoxicating liquor shall not apply
within 200 feet of a parade route which the Town of Woodruff has authorized
from one hour prior to the scheduled start of said parade until one
hour after the end of said parade, except that the foregoing exemption
does not extend to any vehicle or unit of the parade, however propelled,
nor to any parade participant for that period of time during which
the vehicle, unit of the parade or person is participating within
the assembly and disembarkment points of the parade.
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.
(2)
No licensee or permittee may sell, vend, deal or traffic
in alcohol beverages to or with any underage person not accompanied
by his or her parent, guardian or spouse who has attained the legal
drinking age.
(3)
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 adult or under the adult's control.
This subsection does not apply to alcohol beverages used exclusively
as part of a religious service.
B.
Penalties. For purposes of determining previous violations,
the thirty-month period shall be measured from the dates of violations
that resulted in an imposition of a forfeiture or a conviction. For
the purpose of determining whether or not a previous violation has
occurred, if more than one violation occurs at the same time, all
those violations shall be counted as one violation.
(1)
A person who commits a violation of Subsection A above may be:
(a)
Required to forfeit not more than $500 if the
person has not committed a previous violation within 30 months of
the violation;
(b)
Fined not more than $500 if the person has committed
a previous violation within 30 months of the violation;
(c)
Fined not more than $1,000 if the person has
committed two previous violations within 30 months of the violation;
or
(d)
Fined not more than $10,000 if the person has
committed three or more previous violations within 30 months of the
violation.
(2)
In addition to the forfeitures provided in Subsection B(1)(a) to (d) above, a court shall suspend any license issued under this chapter to a person violating this section for:
(a)
Not more than three days, if the court finds
that the person committed a violation within 12 months after committing
one previous violation;
(b)
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
(c)
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.
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, knowingly attempt to 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"
or Class "A" premises for the purpose of purchasing 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,
indoor golf simulator facilities, service stations, vessels, cars
operated by any railroad, regularly established athletic fields, outdoor
volleyball courts that are contiguous to a licensed premises, stadiums
or public facilities as defined in § 125.51(5)(b)1d, Wis.
Stats., which are owned by a county or municipality or centers for
the visual or performing arts.
(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 Chs. 27 and 28, Wis. Stats., and parks owned or operated
by agricultural societies.
(5)
Ski chalets, golf courses and golf clubhouses, racetracks
licensed under Ch. 562, Wis. Stats., curling clubs, private soccer
clubs and private tennis clubs.
(6)
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 are 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.
(7)
Premises operating under both a "Class C" license
and a restaurant permit.
(8)
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, 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
Town adopts an ordinance permitting underage persons to enter and
remain on the premises as provided in this subsection and the Town
Police 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 Town Police Department 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 Town. The licensee shall obtain a separate
authorization for each date on which underage persons will be present
on the premises.)
(9)
A person who is at least 18 years of age and who is
working under a contract with the licensee, permittee or corporate
agent to provide entertainment for customers on the premises.
(10)
An underage person who enters or remains on
Class "B" or "Class B" licensed premises on a date specified by the
licensee or permittee during times when no alcohol beverages are consumed,
sold or given away. During those times, the licensee, the agent named
in the license if the licensee is a corporation or limited liability
company or a person who has an operator's license shall be on the
premises unless all alcohol beverages are stored in a locked portion
of the premises. The licensee shall notify the Police Department,
in advance, of the times underage persons will be allowed on the premises
under this subsection.
(11)
An underage person who enters or remains in
a dance hall attached to Class "B" or "Class B" licensed premises
if the dance hall is separate from any room where alcohol beverages
are sold, if these is a separate entrance to the dance hall and if
no alcohol beverages are furnished or consumed by any person in the
dance hall where the underage person is present.
(12)
An underage person who enters and remains on
premises for which a temporary Class "B" license is issued under § 125.26,
Wis. Stats., if the licensee is authorized by the official or body
of the Town that issued the license to permit underage persons to
be on the premises under § 125.26(6), Wis. Stats., and if
the licensee permits underage persons to be on the premises.
A.
Prohibitions. Any underage person who does any of
the following is guilty of a violation:
(1)
Procures or attempts to procure alcohol beverages
from a licensee or permittee.
(2)
Unless accompanied by a parent, guardian or spouse
who has attained the legal drinking age, possesses or consumes alcohol
beverages on licensed premises.
(4)
Falsely represents his or her age for the purpose
of receiving alcohol beverages from a licensee or permittee.
B.
Adult to accompany. Except as provided in Subsection C below, 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 beverage is guilty of a violation.
C.
Exceptions. An underage person may possess alcohol
beverages in the course of employment during his or her working hours
if employed by any of the following:
(1)
A brewer.
(2)
A fermented malt beverages wholesaler.
(3)
A permittee other than a Class "B" or "Class B" permittee.
(4)
A facility for the production of alcohol fuel.
(5)
A retail licensee or permittee under the conditions
specified in § 125.32(2) or 125.68(2), Wis. Stats., or for
delivery of unopened containers to the home or vehicle of a customer.
(6)
A campus, if the underage person is at least 18 years
of age and is under the immediate supervision of a person who has
attained the legal drinking age.
D.
Penalties for violations of Subsection A. Any person violating Subsection A is subject to the following penalties:
(1)
For a first violation, a forfeiture of not more than $250, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program or other community service work under Subsection G or any combination of these penalties.
(2)
For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $300 not more than $500, suspension of the person's operating privilege as provided under § 343.30(6)(b)(2), Wis. Stats., participation in a supervised work program or other community service work under Subsection G or any combination of these penalties.
(3)
For a violation committed within 12 months of two previous violations, either a forfeiture of not less than $500 nor more than $750, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program or other community service work under Subsection G or any combination of these penalties.
(4)
For a violation committed within 12 months of three
or more previous violations, either a forfeiture of not less than
$700 nor more than $1,000, revocation of the person's operating privilege
under § 343.30(6)(b)3, Wis. Stats., participation in a supervised
work program or other community service work or any combination of
these penalties.
E.
Penalties for violations of Subsection B. Any person violating Subsection B above is subject to the following penalties:
(1)
For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
(2)
For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under § 343.30(6)(b)2, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
(3)
For a violation committed within 12 months of two previous violations, either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
(4)
For a violation committed within 12 months of three or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
G.
Work programs.
(1)
A supervised work program ordered under Subsection D or E above shall be administered by the county department under § 46.215 or 46.22, Wis. Stats., or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the County Board of Supervisors. The supervised work 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. Community service work ordered under Subsection D or E, other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child to perform community service work under Subsection D or E.
(2)
The supervised work program or other community service
work 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 a member
of the staff of the county department, community agency, public agency
or nonprofit charitable organization or other qualified person. The
supervised work program or other community service work 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.
H.
Disclosure of license revocation information. When a court revokes or suspends a person's operating privilege under Subsection D or E, the Wisconsin 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.
I.
Applicability of statutory proceedings. 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 justice after dismissal
of the citation under § 938.344(3), Wis. Stats.
J.
Alcohol abuse programs.
(2)
After ordering a penalty under Subsection D or E, the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed. The order under this subsection shall require the defendant to do any of the following:
(a)
Submit to an alcohol abuse assessment that conforms
to the criteria specified under § 938.547(4), Wis. Stats.,
and that is conducted by an approved treatment facility. The order
shall designate an approved treatment facility to conduct the alcohol
abuse assessment and shall specify the date by which the assessment
must be completed.
(b)
Participate in an outpatient alcohol abuse treatment program at an approved treatment facility, if an alcohol abuse assessment conducted under Subsection J(2)(a) recommends treatment.
(c)
Participate in a court-approved alcohol abuse
education program.
(3)
If the approved treatment facility, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant has submitted to an assessment under Subsection J(2)(a) and that the defendant does not need treatment or education, the court shall notify the defendant of whether or not the penalty will be reinstated.
(4)
If the defendant completes the alcohol abuse treatment program or court-approved alcohol abuse education program, the approved treatment facility or court-approved alcohol abuse education program shall, with the written informed consent of the defendant, notify the agency primarily responsible for providing services to the defendant that the defendant has complied with the order, and the court shall notify the defendant of whether or not the penalty will be reinstated. If the court had ordered the suspension of the defendant's operating privilege under Subsection D or E, the court may order the Secretary of Transportation to reinstate the operating privilege of the defendant if he or she completes the alcohol abuse treatment program or court-approved alcohol abuse education program.
(5)
If an approved treatment facility or court-approved alcohol abuse education program, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant is not participating in the program or that the defendant has not satisfactorily completed a recommended alcohol abuse treatment program or an education program, the court shall hold a hearing to determine whether the penalties under Subsection D or E should be imposed.
A.
Defenses. In determining whether or not a licensee or permittee has violated § 307-17A or 307-18A, all relevant circumstances surrounding the presence of the underage person or the procuring, selling, dispensing or giving away of alcohol beverages maybe considered, including any circumstances listed below. In addition, proof of all 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 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.
(1)
Every retail alcohol beverage licensee or permittee may keep a book for the purposes of Subsection A above. The licensee or permittee or his or her employee may require any of the following persons to sign the book:
(a)
A person who has shown documentary proof that
he or she has attained the legal drinking age if the person's age
is in question.
(b)
A person who alleges that he or she is the underage
person's parent, guardian or spouse and that he or she has attained
the legal drinking age, if the licensee or permittee or his or her
employee suspects that he or she is not the underage person's parent,
guardian or spouse or that he or she has not attained the legal drinking
age.
(2)
The book may show the date of the purchase of the
alcohol beverage, the identification used in making the purchase or
the identification used to establish that a person is an underage
person's parent, guardian or spouse and has attained the legal drinking
age, the address of the purchaser and the purchaser's signature.
A.
Any person who has attained the legal drinking age,
other than one authorized by § 125.08 or 343.50, Wis. Stats.,
who makes, alters or duplicates an official identification card may
be fined not less than $100 nor more than $1,000. 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 $100 nor more than $1,000.
B.
Any underage person who does any of the following is subject to the penalties specified under § 307-19D or E:
(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.
MOTOR VEHICLE
SCHOOL
SCHOOL ADMINISTRATOR
SCHOOL PREMISES
The following definitions shall be applicable in this
section:
A motor vehicle owned, rented or consigned to a school.
A 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.
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.
C.
A person who violates this section is subject to a
forfeiture of not more than $200.
Any licensee, permittee or bartender of a retail
alcohol beverage establishment covered by a license or permit issued
by the Town who permits an entertainer or an employee to solicit a
drink of any alcohol beverage defined in § 125.02(1), Wis.
Stats., 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.
Any person who violations any provision of this article, where no other penalty is provided, shall be subject to a penalty as provided in § 1-3 of this Code.
