[HISTORY: Adopted by the Village Board of the Village of New Glarus
1-18-2000 by Ord. No. 99-14 as Title 11, Ch. 4 of the 2000 Code. Amendments
noted where applicable.]
A.
Alcoholic beverages in public.
[Amended 5-21-2002 by Ord.
No. 02-03]
(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 beverages
upon any public street, sidewalk, alley, public parking lot, highway, cemetery
or drives or other public area within the Village of New Glarus 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 of alcoholic beverage upon any public street, sidewalk, alley, public
parking lot, highway, cemetery or drives or other public area within the Village
of New Glarus 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 of alcoholic beverage in the open
on any property, public or private, within the W Conservancy or C-1 or C-2
Commercial, I Industrial or undeveloped A Agricultural Zones within the Village
of New Glarus, except at licensed premises.[1]
(2)
An exception to Subsection A(1) is allowed for the public area of 1st Street between 5th and 6th Avenues during special events. Licensed establishments within this district, during an event, shall allow persons to enter and leave their establishment with alcoholic beverages. All beverages carried outside shall be in plastic cups. An event organizer shall submit a request to the Committee on Public Works and Safety and obtain Village Board approval prior to being granted an exception from the public consumption requirements.
(3)
Private property held out for public use. It shall be
unlawful for any person to consume any alcoholic beverage upon any private
property held open for public use within the Village 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 alcoholic beverage.
(b)
It shall be unlawful for any patron to leave a licensed
premises with an open container containing any alcoholic beverage.
(5)
Exceptions.
(a)
The provisions of this section may be waived by the Village
Board for duly authorized events.
(b)
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 shall be exempt from the provisions of this section, provided that the provisions of this chapter and Chapter 185, Intoxicating Liquor and Fermented Malt Beverages, are fully complied with.[2]
B.
ALCOHOLIC BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this section, the following terms
shall have the meanings indicated:
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 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.
Any person under the legal drinking age as defined by the Wisconsin
Statutes.
A.
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 alcoholic 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 alcoholic beverages by an underage person
on premises owned by the adult or under the adult's control. This subsection
does not apply to alcoholic 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 $300 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; and
(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) through (d) above, a court may suspend any license issued under this chapter to a person violating this subsection 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
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 alcoholic 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 those persons and uses enumerated
in § 125.07(3)(a), Wis. Stats.[1]
A.
Prohibitions. Any underage person who does any of the
following is guilty of a violation:
(1)
Procures or attempts to procure alcoholic 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 alcoholic beverages
on licensed premises.
(4)
Falsely represents his or her age for the purpose of
receiving alcoholic beverages from a licensee or permittee.
(5)
Possesses or consumes alcoholic beverages.
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 alcoholic
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 Subsection A violations. 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 nor more than $500, 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.
(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 Subsection B violations. 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 Village Board. 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 17 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.[1]
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 Subsections D and 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 Subsections D and E should be imposed.
A.
Defenses. In determining whether or not a licensee or permittee has violated §§ 93-2A or 93-3A, all relevant circumstances surrounding the presence of the underage person or the procuring, selling, dispensing or giving away of alcoholic beverages may be considered, including any circumstances listed below. In addition, proof of all of the following facts by a seller of alcoholic beverages to an underage person is a defense to any prosecution for a violation of this chapter:
(1)
The purchaser falsely represented that he or she had
attained the legal drinking age.
(2)
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)
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 alcoholic beverages 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 alcoholic
beverages, 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.
Persons of legal drinking age.
(1)
Any person who has attained the legal drinking age, other
than one authorized by § 125.085 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.
(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 $100 nor more than $1,000.
B.
Underage with false identification. Any underage person who does any of the following is subject to the penalties specified under § 93-4D 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 ADMINISTRATOR
SCHOOL PREMISES
SCHOOL PROGRAM
In this section, the following terms shall have the meanings
indicated:
A motor vehicle owned, rented or consigned to a 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.
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.
C.
Alcoholic 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 and consistent
with applicable laws and ordinances.
A.
No adult may knowingly permit or fail to take action
to prevent the illegal consumption of alcoholic beverages by an underage person
on premises owned by the person or under the person's control. This subsection
does not apply to alcoholic 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 alcoholic beverage
establishment covered by a license or permit issued by the Village who permits
an entertainer or an employee to solicit a drink of any alcoholic 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 section.
