[Adopted as Ch. 10.08 of the 1978 Code]
No fermented malt beverages shall be sold, dispensed, given away or
furnished to any person under the age of 21 years unless accompanied by a
parent or guardian.
No fermented malt beverages shall be sold to any person who is intoxicated.[1]
No keeper of any place, of any nature or character whatsoever, for the
sale of any fermented malt beverage under a Class B retailer's license shall
directly or indirectly suffer or permit any person of either sex under the
age of 21 years, unaccompanied by his or her parent or guardian, who is not
a resident, employee or bona fide boarder in the premises controlled by the
proprietor or licensee of such place and of which such place consists or is
a part to enter or be on such licensed premises for any purpose, excepting
the transaction of a bona fide business other than amusement or the purchase,
receiving or consumption of edibles or beverages. No person who is not at
the age of 21 years or older who is not so accompanied by his parent or guardian
or who is not a resident, employee or bona fide lodger or boarder on such
premises shall enter or remain as set forth in this section.
[Amended by Ord. No. 90-5]
A.
No premises holding a Class B retail license shall remain
open between 2:00 a.m. and 6:00 a.m. during the week and 2:30 a.m. and 6:00
a.m. on Saturday and Sunday, except on January 1, when those operating under
a Class B license or permit are not required to close.
B.
Hotels and restaurants whose principal business is the
furnishing of food or lodging to patrons and bowling alleys and golf courses
shall be permitted to remain open for the conduct of their regular business
but shall not sell fermented malt beverages during the hours mentioned.
Nothing contained in this article shall be construed as prohibiting
or restricting in any way any city, town or village from adopting ordinances
regulating the sale of fermented malt beverages within the local municipality,
and this article shall not be construed in any way as enlarging or broadening
the privileges, rights or duties of persons within said municipalities under
such ordinances. In the event any conflict arises between local ordinances
and this article, the local ordinance shall control, excepting insofar as
it may conflict with state statutory provisions.
A.
Any person who violates any provision of §§ 142-1, 142-2 and 142-4 shall, upon conviction, forfeit not more than $500 for each violation, and costs, and upon failure to pay said forfeiture and costs shall be imprisoned in the county jail until said forfeiture and costs are paid, but not to exceed 90 days. Upon the first offense, the defendant's license shall be subject to revocation by a court of record in its discretion. In the event that such person is convicted of a second violation under this article, such offender, in addition to the forfeiture provided in this subsection, shall forthwith forfeit any license issued to him without further notice.
