A.
No person may procure for, sell, dispense or give
away any alcohol beverages to any underage person not accompanied
by his or her parent, guardian or spouse who has attained the legal
drinking age.
B.
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.
C.
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.
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:
A.
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.
B.
An underage person who enters or is on a "Class A"
or Class "A" premises for the purposes of purchasing items other than
alcohol beverages. An underage person so entering the premises may
not remain on the premises after the purchase.
C.
Hotels, drug stores, grocery stores, bowling centers,
service stations, cars operated by any railroad, regularly established
athletic fields, stadiums, public facilities as defined in § 125.51(5)(b)1.d.,
Wis. Stats., which are owned by a county or municipality or centers
for the visual or performing arts.
D.
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.
E.
Ski chalets, golf courses and clubhouses, racetracks
licensed under Ch. 562 Wis. Stats., curling clubs, private soccer
clubs and private tennis clubs.
F.
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.
G.
An underage person who enters or remains on a Class
"B" or "Class B" premises for the purpose of transacting business
at an auction or market, if the person does not enter or remain in
a room where alcohol beverages are sold, furnished or possessed.
H.
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. The presence of underage persons on the licensed
premises on such occasions shall be subject to the following:
(1)
The licensee or agent of a corporate licensee shall
notify the Village Administrator at least 48 hours in advance of the
date of any event at which underage persons will be present on the
licensed premises. Each such nonalcohol event notice shall specify
the date on which the event is to occur and the time of commencement.
All notices shall be filed with the Village Administrator during normal
working hours Monday through Friday. After a nonalcohol event notice
has been given, the licensee may cancel an event only by giving like
notice to the Village in accordance with the provisions of this subsection.
Regardless of the date given, all notices shall expire and be deemed
canceled no later than the date of expiration or revocation of the
applicable retail Class "B" or "Class B" license.
(2)
The licensee or agent of a corporate licensee shall
obtain written authorization from the Village Police Department permitting
underage persons to be present under this subsection on the date specified
in the authorization. Before issuing the authorization, the 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 community. The licensee
shall obtain a separate authorization for each date on which underage
persons will be present on the premises.
(3)
During the period of any nonalcohol event, a notice
shall be posted at all public entrances to the licensed premises notifying
the general public that no alcohol beverages may be consumed, sold
or given away on or carried into the licensed premises during the
event.
(4)
Once a nonalcohol event has commenced, no alcohol
beverages may be consumed, sold or given away on or carried into the
licensed premises until the next day following the closing hours of
the licensed premises.
(5)
During the period of any nonalcohol event, the licensee,
the agent named in the license if the licensee is a corporation 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.
I.
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.
J.
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 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 local law enforcement agency, in advance, of the
times underage persons will be allowed on the premises under this
subsection.
K.
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
there 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.
A.
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
beverage on a licensed premises.
(3)
Enters, knowingly attempts to enter or is on licensed premises in violation of § 55-16 of this chapter.
(4)
Falsely represents his or her age for the purpose
of receiving alcohol beverages from a licensee or permittee.
B.
Except as provided in Subsection C, 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 alcohol beverages is guilty of a violation.
C.
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.
A.
In determining whether or not a licensee or permittee has violated § 55-15 or 55-16, all relevant circumstances surrounding the presence of the underage person or the procuring, selling, dispensing or giving away of alcohol beverages may be considered including any circumstances under Subsection A(1) to (4). 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 section:
(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 reliance on the
representation and appearance of the purchaser in the belief that
the purchaser had attained the legal drinking age.
B.
Every retail alcohol beverage licensee or permittee may keep a book for the purposes of Subsection A. The book may show the date of the purchase of the alcohol 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. The licensee or permittee or his or her employee may require any of the following persons to sign the book:
(1)
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.
(2)
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.
An underage person who does any of the following
is guilty of a violation:
A.
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.
B.
Makes, alters or duplicates an official identification
card.
C.
Presents false information to an issuing officer in
applying for an official identification card.
D.
Intentionally carries an identification card or other
documentation showing that the person has attained the legal drinking
age, with knowledge that the documentation is false.
E.
Provides to another underage person an official identification
card or other documentation purporting to show that the other underage
person has attained the legal drinking age, with knowledge that the
documentation is false.
B.
Exceptions. 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, ordinances
and school policies.
C.
MOTOR VEHICLE
SCHOOL
SCHOOL ADMINISTRATOR
SCHOOL PREMISES
Definitions. In this section, terms shall have the
meanings prescribed below:
A motor vehicle owned, rented or consigned to a school.
A public, parochial or private school which provides an educational
program for one or more grades between grades 1 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.
