(a) Prohibitions. 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 beverages on licensed premises.
(3) Enters, knowingly attempts to enter or is on licensed premises in violation of Section 11-4-3(a).
(4) Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.
(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 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 Sec. 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 eighteen (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 (1st) violation, a forfeiture of not more than Two Hundred Fifty Dollars ($250.00), suspension of the person's operating privilege as provided under Sec. 343.30(6)(b)l, 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 twelve (12) months of a previous violation, either a forfeiture of not less than Three Hundred Dollars ($300.00) not more than Five Hundred Dollars ($500.00), suspension of the person's operating privilege as provided under Sec. 343.30(6)(b)(l), 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 twelve (12) months of two (2) previous violations, either a forfeiture of not less than Five Hundred Dollars ($500.00) nor more than Seven Hundred Fifty Dollars ($750.00), revocation of the person's operating privilege under Sec. 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 twelve (12) months of three (3) or more previous violations, either a forfeiture of not less than Seven Hundred Dollars ($700.00) nor more than One Thousand Dollars ($1,000.00), revocation of the person's operating privilege under Sec. 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 (1st) violation, a forfeiture of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00), suspension of the person's operating privilege as provided under Sec. 343.30(6)(b)l, 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 twelve (12) months of a previous violation, either a forfeiture of not less than Two Hundred Dollars ($200.00) nor more than Three Hundred Dollars ($300.00), suspension of the person's operating privilege as provided under Sec. 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 twelve (12) months of two (2) previous violations, either a forfeiture of not less than Three Hundred Dollars ($300.00) nor more than Five Hundred Dollars ($500.00), revocation of the person's operating privilege under Sec. 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 twelve (12) months of three (3) or more previous violations, either a forfeiture of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), revocation of the person's operating privilege under Sec. 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.
(f) Multiple Violations From an Incident. For purposes of Subsections (a) or (b) above, all violations arising out of the same incident or occurrence shall be counted as a single violation.
(g) Work Programs.
(1) A supervised work program ordered under Subsections (d) or (e) above shall be administered by the county department under Sec. 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 county board of supervisors. 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 Subsections (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 eighteen (18) years of age on the date of disposition is subject to Sec. 938.344, Wis. Stats., unless proceedings have been instituted against the person in a court of civil or criminal justice after dismissal of the citation under Sec. 938.344(3), Wis. Stats.
(j) Alcohol Abuse Programs.
(1) In this Subsection, "defendant" means a person found guilty of violating Subsections (a) or (b) who is eighteen (18), nineteen (19), or twenty (20) years of age.
(2) After ordering a penalty under Subsections (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 Sec. 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 G)(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 G)(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) or (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 Subsection (d) or (e) should be imposed.