Chapter 9.20
OFFENSES INVOLVING ALCOHOLIC BEVERAGES
Sections:
9.20.020 Sale to underage or intoxicated persons restricted.
9.20.030 Underage person’s presence in places of sale – Penalty.
9.20.040 Underage persons – Prohibitions – Penalties.
9.20.060 Persons who have attained the legal drinking age – False or altered identification cards.
9.20.070 Possession of alcohol beverages on school grounds prohibited.
9.20.080 Adult permitting or encouraging underage violation.
9.20.090 Solicitation of drinks prohibited.
9.20.100 Intoxicated bartenders.
9.20.010 Outside consumption.
(a) Alcoholic 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 alcoholic beverage upon any public street, sidewalk, alley, public parking lot, highway, cemetery or drive or other public area within the village 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 possession any open container containing an alcohol beverage upon any public street, public sidewalk, public way, public alley or public parking lot within the village except at licensed premises.
(2) Parks. It shall be unlawful for any person to drink or have in his possession any alcohol beverage in any village park between the hours of 10:30 p.m. and 6:00 a.m. except at licensed premises.
(3) 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 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 alcohol beverage.
b. It shall be unlawful for any patron to leave a licensed premises with an open container containing any alcohol beverage.
c. It shall be unlawful for any patron to remove an original unopened package, container or bottle containing any alcohol beverage from the licensed premises between the hours of midnight and 6:00 a.m.
(5) Picnic Beer Permits for Parks.
a. It shall be unlawful for any group of persons which exceeds 25 to consume any alcohol beverages in any park areas without first obtaining a picnic beer permit from the village. The picnic beer permits shall be issued by the village clerk with a copy of the permit sent to the police.
b. Applicants for special Class “B” permits shall fully comply with the requirements of AMC 5.25.160.
c. The sale of fermented malt beverages from remote sites, that is, other than the main point of sale facility, shall be prohibited after the hour of 9:00 p.m.
(6) Exceptions.
a. The provisions of this section may be waived by the village board for duly authorized events.
b. Exceptions to Unlawful Outside Consumption. Any organization which has been issued a special Class “B” fermented malt beverage picnic license pursuant to this code of ordinances; provided, that the provisions of this chapter and Chapter 5.25 AMC are fully complied with.
(b) Definitions.
(1) As used in this section, the term “alcoholic beverage” shall include 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 and degerminated grains or sugar, which contain one-half of one percent or more of alcohol by volume and which are fit for use for beverage purposes.
(2) As used in this section, the term “public area” shall be construed to mean 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.
(3) As used in this chapter, “underage person” shall mean any person under the legal drinking age as defined by the Wisconsin Statutes. [Ord. dated 3/6/12 § 83. Prior code § 9-5-1].
Cross-reference: AMC 5.25.160.
9.20.020 Sale to underage or intoxicated persons restricted.
(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, or procure for, sell, dispense or give away any intoxicating liquor to any underage person.
(2) No licensee or permittee may sell, vend, deal or traffic in fermented malt beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age or sell, vend, deal or traffic in intoxicating liquor to or with any underage person.
(b) Penalties. A person who commits a violation of subsection (a) of this section is subject to a forfeiture of not less than $25.00 nor more than $1,000.
In addition to the forfeitures provided in this subsection, a court shall suspend any license issued under AMC Title 5 to a person violating this section pursuant to Section 125.07(1)(b)(3), Wis. Stats.
(c) Sale of Alcohol Beverages to Intoxicated Persons.
(1) No person may procure for, sell, dispense or give away alcohol beverages to a person who is intoxicated.
(2) No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated.
(d) Penalties. Any person who violates subsection (c) of this section shall be subject to a forfeiture of not less than $100.00 nor more than $500.00 or imprisoned for not more than 60 days or both. [Ord. dated 3/6/12 § 84. Prior code § 9-5-2].
State law reference: Section 125.07, Wis. Stats.
9.20.030 Underage person’s presence in places of sale – Penalty.
(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 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” retail intoxicating liquor premises for the purpose of purchasing edibles or beverages other than alcohol beverages. An underage person so entering the premises may not remain on the premises after the purchase.
(3) Hotels, drug stores, grocery stores, bowling alleys, cars operated by any railroad, regularly established athletic fields, stadiums, or public facilities as defined in Section 125.51(5)(b)(l)(d), Wis. Stats., which are owned by a county or municipality.
(4) Ski chalets, golf clubhouses and private tennis clubs.
(5) Premises operated under both a Class “A” 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 “A” 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.
(6) An underage person who enters or remains on a Class “A” 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 or furnished.
(7) An underage person may enter or remain in a room on Class “A” 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 persons in the room where the underage person is present, and the presence of underage persons is authorized in accordance with this section and the law enforcement agency responsible for enforcing the ordinance issues to the Class “A” 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 law enforcement agency 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.
(b) Penalties. A licensee or permittee who directly or indirectly permits an underage person to enter or be on a licensed premises in violation of subsection (a) of this section is subject to a forfeiture of not less than $25.00 nor more than $1,000. [Ord. dated 3/6/12 § 85; Res. 08-05. Prior code § 9-5-3].
9.20.040 Underage persons – Prohibitions – Penalties.
(a) Any underage person who does any of the following is guilty of a violation:
(1) Procures or attempts to procure alcohol beverages.
(2) Knowingly possesses or consumes intoxicating liquor.
(3) Enters or is on licensed premises in violation of AMC 9.20.030(a).
(4) Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.
(b) 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 beverages is guilty of a violation.
(c) Any person violating subsection (a) or (b) of this section is subject to the following penalties:
(1) For a first violation, either a forfeiture of not less than $25.00 nor more than $1,000, suspension of the person’s operating privilege as provided under Section 343.30(6)(b)(1), Wis. Stats., participation in a supervised work program under subsection (d) of this section 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 $50.00 nor more than $1,000, suspension of the person’s operating privilege as provided under Section 343.30(6)(b)(2), Wis. Stats., participation in a supervised work program under subsection (d) of this section or any combination of these penalties.
(3) For a violation committed within 12 months of two or more previous violations, either a forfeiture of not more than $1,000, revocation of the person’s operating privilege under Section 343.30(6)(b)(3), Wis. Stats., participation in a supervised work program under subsection (d) of this section or any combination of these penalties.
(d)(1) If the court orders a person to participate in a supervised work program under subsection (d) of this section, the court shall set standards for the program within the budgetary limits established by the county board. The 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, and shall be administered by the county department of public welfare or a community agency approved by the court.
(2) The supervised work program 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 an agency staff member or other qualified person. The program 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.
(e) When a court revokes or suspends a person’s operating privilege under subsection (c) of this section, the 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.
(f) A person who is under 18 years of age on the date of disposition is subject to Section 48.344, Wis. Stats., unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under Section 48.344(3), Wis. Stats.
(g) Subsections (a) and (b) of this section do not prohibit an underage person employed by a licensee or permittee from possessing fermented malt beverages during the brewing process or for sale or delivery to customers.
(h) Subsections (a) and (b) of this section do not prohibit an underage person employed by a brewery, a winery or a facility for the rectifying or manufacture of intoxicating liquor or the production of fuel alcohol from possessing alcohol beverages during regular working hours and in the course of employment. [Ord. dated 3/6/12 § 86. Prior code § 9-5-4].
9.20.050 Defense of sellers.
(a) Defenses. Proof 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 in writing and supported with other documentary proof 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. Every retail alcohol beverage licensee or permittee shall cause a book to be kept for the purpose of this section. The licensee or permittee or his or her employee shall require any person who has shown documentary proof that he or she has attained the legal drinking age to sign the book if the person’s age is in question. The book shall show the date of the purchase of the alcohol beverages, the identification used in making the purchase, the address of the purchaser and the purchaser’s signature. [Prior code § 9-5-5].
State law reference: Section 125.07(6) and (7), Wis. Stats.
9.20.060 Persons who have attained the legal drinking age – False or altered identification cards.
(a)(1) Any person who has attained the legal drinking age, other than one authorized by Section 125.08, Wis. Stats., who makes, alters or duplicates an official identification card may be fined not less than $25.00 nor more than $1,000 or imprisoned not less than 10 days nor more than 90 days or both.
(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 $25.00 nor more than $1,000 or imprisoned not more than 90 days or both.
(b) Any underage person who does any of the following is subject to the penalties specified under AMC 9.20.040(c) or (d):
(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. [Ord. dated 3/6/12 § 87. Prior code § 9-5-6].
State law reference: Section 125.09(3), Wis. Stats.
9.20.070 Possession of alcohol beverages on school grounds prohibited.
(a) In this section:
“Motor vehicle” means a motor vehicle owned, rented or consigned to a school.
“School” means a public, parochial or private school which provides an educational 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.
“School administrator” means the person designated by the governing body of a school as ultimately responsible for the ordinary operations of a school.
“School premises” means premises owned, rented or under the control of a school.
(b) Except as provided by subsection (c) of this section no person may possess or consume alcohol beverages:
(1) On school premises;
(2) In a motor vehicle, if a pupil attending the school is in the motor vehicle; or
(3) While participating in a school-sponsored activity.
(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.
(d) A person who violates this section is subject to a forfeiture of not more than $1,000, except that AMC 9.20.040(c) and (d) provide the penalties applicable to underage persons. [Ord. dated 3/6/12 § 88. Prior code § 9-5-7].
Cross-reference: AMC 9.35.050.
9.20.080 Adult permitting or encouraging underage violation.
(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.
(b) No adult may intentionally encourage or contribute to a violation of AMC 9.20.040(a) or (b).
(c) A person who violates this section is subject to a forfeiture of not more than $1,000. [Ord. dated 3/6/12 § 89. Prior code § 9-5-8].
State law reference: Section 125.07(i)(a)(3) and (4), Wis. Stats.
9.20.090 Solicitation of drinks prohibited.
Any licensee, permittee or bartender of a retail alcohol 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 alcohol beverage defined in Section 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. [Prior code § 9-5-9].
9.20.100 Intoxicated bartenders.
No person shall sell, serve, dispense or give away any intoxicated liquor or fermented malt beverage if that person is intoxicated as defined by the Wisconsin Statutes. [Prior code § 9-5-10].