HomeMy WebLinkAboutOrdinance 1987 (182) AMENDED
ALCOHOL OFFENSE
ORDINANCE# /8/037./
The County Board of Supervisors of St. Croix County,
Wisconsin do ordain as follows:
Section 1. Presence in Places of Sale Prohibited.
(a) Except as provided by paragraph (c), a keeper of any
place for the sale of any fermented malt beverage under a Class
"B" retailer's license may not directly or indirectly suffer or
permit any underage person, hereafter used as defined in Section
125.02(8m), (20m) Wisconsin Statutes, unaccompanied by his or her
parent, guardian or adult spouse, who is of legal drinking age,
who is not a resident, employee or a bona fide lodger or boarder
on the premises controlled by the proprietor or licensee of the
place, and of which the place consists or is a part, to enter or
be on the licensed premises for any purpose, except as provided
by paragraph (d). A person who violates this paragraph is
subject to a forfeiture of not more than $500 together with costs
of prosecution; and in default of payment of that sum, shall be
imprisoned in the County Jail until such forfeiture and costs are
paid, but not exceeding 30 days, except that disposition in
proceedings against a person under 18 years of age shall be as
provided by Section 48.344 of the Wisconsin Statutes.
(b) Except as provided by paragraph (c), any underage
person may not enter or remain on premises for which a Class "B"
license is issued without a valid purpose under paragraph (d),
unless the person is a resident, employee, or a bona fide lodger
or boarder on the premises, or is accompanied by his or her
parent, guardian or adult spouse who is of legal drinking age. A
person who violates this paragraph is subject to a forfeiture of
not more than $50.00, except that disposition in proceedings
against a person under 18 years of age shall be as provided by
Section 48.344 of the Wisconsin Statutes.
(c) This section does not apply to 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)1. d Wisconsin
Statutes, which are owned by a county or municipality, premises
in the state fair park, concessions authorized on state -owned
premises in the state parks and state forests as defined or
designated in Chapters 27 and 28 of the Wisconsin Statutes, parks
owned or operated by agricultural societies receiving state aid,
cars operated on any railroad, regularly established athletic
fields or stadiums nor to premises operated under both a Class
"B" license and a restaurant permit where the principal business
conducted therein is that of a restaurant. It is presumed where
the premises are operated under both a Class "B" license and a
restaurant permit, that the principal business conducted is that
of the sale of fermented malt beverage, until the presumption is
rebutted by competent evidence
(d) An underage person may enter and remain, and may be
permitted to enter and remain on Class "B" license premises if
for the purpose of transacting bona fide business other than
amusement or the purchase, receiving or consumption of edibles or
beverages except an underage person who enters for the purpose of
transacting business at an auction or a market as defined by
Section 125.32(4)(b)1 of the Wisconsin Statutes, may not enter or
remain in, or be permitted to enter or remain in, a room in which
fermented malt beverage is sold or furnished.
(e) This section applies to any person who is not a
resident, employee, or a bona fide lodger or boarder on the
premises, after the legal hour for closing.
Section 2. Restrictions on Sale to and Possession by
underaged persons.
(a) Except as otherwise provided in Section 125.07 of the
Wisconsin Statutes, no person may sell or furnish fermented malt
beverages to an underaged person not accompanied by a parent,
guardian or adult spouse who has attained the legal drinking age.
(b) A person who violates Section 2(a) or Section 6 of this
Ordinance is subject to a forfeiture of not more than $500.00,
together with costs of prosecution, if the person has not
committed a previous violation of Section 2(a) or Section 6 of
this Ordinance, or Sections 125.07(1), (3) or (4) of the
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Wisconsin Statutes within twelve months of the violation; or not
less than $200.00 nor more than $500.00 together with costs of
prosecution, if the person has committed a previous violation of
Section 2(a) or Section 6 of this Ordinance, or Sections
125.07(1), (3) or (4) of the Wisconsin Statutes within twelve
months of the violation; and in default of the payment of that
sum, shall be imprisoned in the County Jail until such forfeiture
and costs are paid, but not exceeding 30 days, except that
disposition and proceedings against a person under 18 years of
age shall be as provided in Section 48.344 of the Wisconsin
Statutes.
(c) An underage person not accompanied by parent, guardian,
or adult spouse who has reached the legal drinking age may not
possess fermented malt beverages. A person who violates this
paragraph is subject to forfeiture of not more than $50.00,
except that disposition in proceedings against a person under 18
years of age shall be as provided by Section 48.344 of the
Wisconsin Statutes.
Section 3. Misrepresenting age; Penalty.
No person may falsely represent that he or she is at least
the legal drinking age for the purpose of asking for or receiving
fermented malt beverages from a keeper of any place for the sale
of fermented malt beverages. A person who violates this section
is subject to a forfeiture of not more than $50.00, except that
disposition in proceedings against a person under 18 years or age
shall be as provided by Section 48.344 of the Wisconsin Statutes.
Section 4. Pupils, Possession or Consumption.
(a) Except as provided by paragraph (b), no person may
possess or consume fermented malt 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.
(b) Fermented malt beverages may be possessed or consumed
on school premises, in a motor vehicle or by a participant in a
school- sponsored activity if specifically permitted in writing
by the school administrator consistent with applicable laws and
ordinances.
(c) A person who violates this section is subject to a
forfeiture of not more than $200.00 together with costs of
prosecution, and in default of payment of that sum, shall be
imprisoned in the County Jail until such forfeiture and costs
are paid, but not exceeding 30 days, except that dispositon in
proceedings against a person under 18 years of age shall be as
provided by Section 48.344 of the Wisconsin Statutes.
Section 5. Possession of liquor on school grounds
prohibited.
1. "Motor Vehicle" means a motor vehicle owned, rented or
consigned to a school.
2 "School" me ans 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.
3. "School Administrator" means the person designated by
the governing body of a school as ultimately responsible for the
ordinary operations of the school.
4. "School premises" means premises owned, rented or under
the control of a school.
(b) Except as provided by sub. (c) no person may possess or
consume intoxicating liquor:
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) Intoxicating liquor 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 $200.00, together with costs of
prosecution, and in default of payment of that sum, shall be
imprisoned in the County Jail until such forfeiture and costs are
paid, but not exceeding 30 days, except that disposition in
proceedings against a person under 18 years of age shall be as
provided by Section 48.344 of the Wisconsin Statutes.
Section 6. Sale of Intoxicating liquor to Persons under 18
(a) No person may:
1. Sell, furnish, or give intoxicating liquor to a
person under age 18;
2. Procure intoxicating liquor for a person under age
18; or
3. Traffic or deal in intoxicating liquor with a
person under the age of 18.
(b) A person who violates this section shall be subject to
a penalty as specified in Section 2 (b) of this Ordinance.
Section 7. Underage person's misrepresentation to procure
intoxicating liquor; Penalty.
(a) No person may represent that he or she is of age for
the purpose of asking for, or receiving, any intoxicating liquor
from a keeper of a place for the sale of intoxicating liquor
unless authorized by law. A person who violates this subsection
is subject to a forfeiture of not more than $50.00, except that
disposition in
p proceedings against a person under 18 years of age
shall be as provided by Section 48.344 of the Wisconsin
Statutes.
(b) No underage person may procure, seek to procure,
knowingly possess or consume in public intoxicating liquor. A
person who violates this subsection is subject to a forfeiture of
not more than $50.00, except that disposition in proceedings
against a person under 18 years of age shall be as provided in
Section 48.344 of the Wisconsin Statutes.
Section 8. Presence in places of sale prohibited; Penalty.
(a) 1. Except as provided by paragraphs (3) and (5), no
keeper of any place for the sale of any intoxicating liquor may
either directly or indirectly suffer or permit any underage
person, unaccompanied by his or her parent, guardian or spouse of
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legal drinking age, who is not a resident, employee, or bona fide
lodger on the premises of the licensed person, to enter or be on
the licensed premises for any purpose, except as provided by
paragraph (4). A person who violates this paragraph is subject
to a forfeiture of not more than $500.00 together with costs of
prosecution; and in default of payment of that sum, shall be
imprisoned in the County Jail until said forfeiture and costs are
paid, but not exceeding 30 days, except that disposition in
proceedings against a person under 18 years of age shall be as
provided by Section 48.344 of the Wisconsin Statutes.
2. Except as provided by paragraphs (3) and (5), an
underage person may not enter or remain on the premises of a
place which sells intoxicating liquor for other than a valid
purpose under paragraph (4) unless the person is a resident,
employee, or a bona fide lodger or boarder on the premises, or is
accompanied by his or her parent, guardian or spouse of legal
drinking age. A person who violates this paragraph is subject to
a forfeiture of not more than $50.00 except that disposition in
proceedings against a person under the age of 18 years of age
shall be as provided by Section 48.344 of the Wisconsin Statutes.
(3) This section does not apply to hotels, drug stores,
grocery stores, bowling alleys, ski chalets, golf clubhouses,
cars operated on any railroad, public facilities as defined by
Section 125.51(5)(b)1. d of the Wisconsin Statutes, which are
owned by county or municipality, regularly established athletic
fields or stadiums nor to premises operated under both a "Class
B" license and a restaurant permit where the principal business
conducted on the premises is that of a restaurant. It is
presumed, however, where the premises are so operated under both
a "Class B" license and a restaurant permit, that the principal
business conducted on the premises is that of the sale of
intoxicating liquor, until the presumption is rebutted by
competent evidence.
4. An underage person may enter premises on which
intoxicating liquor is sold if for the purpose of transacting
bona fide business other than amusement or the purchase,
receiving or consumption of edibles or beverages except of
transacting business at an auction or a market as defined by
Section 125.32(4)(b)1 of the Wisconsin Statutes, may not remain
in, or be permitted to enter or remain in, a room in which
intoxicating liquor is sold or furnished.
5. This section does not prohibit an underage person from
entering or being on the premises of a place for which a "Class
A" retain intoxicating liquor license is issued for the purpose
of purchasing edibles or beverages other than intoxicating
liquors or fermented malt beverages.
Section 9. Definitions.
(a) "Fermented malt beverages" means any beverage made by
the alcohol fermentation of an infusion in potable water of
barley malt and hops, with or without unmalted grains or
decorticated and degerminated grains or sugar containing 0.5% or
more of alcohol by volume.
(b) "Intoxicating liquors" means all ardent, spirituous,
distilled or vinous liquors, liquids or compounds, whether
medicated, proprietary, patented, or not, and by whatever name
called, containing 0.5% or more of alcohol by volume, which are
beverages, but does not include "fermented malt beverages ".
Section 10. Any future amendments, revisions, or
modifications of Sections 125.07 and 125.09 or Section 48.344 of
the Wisconsin Statutes, 1985 -1986, are intended to be made a part
of this Ordinance in order to secure uniform state -wide
regulation of the conduct prohibited by this Ordinance. Any such
future amendments, revisions, or modifications of the Statutes
listed in this section are hereby made a part of this Ordinance
without any further action by this County Board.
Section 11.
This Ordinance shall take effect upon its passage and proper
publication.
Adopted this 1/ day of t C-�S L 1987.
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PUBLIC PROTECTION COMMITTEE
NEGATIVE AFFIRMATIVE
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