4-2-6: RESTRICTIONS ON SALES TO MINORS AND INTOXICATED PERSONS; PRESENCE OF MINORS IN PLACES OF SALE AND POSSESSION BY MINORS; PENALTIES:
   A.   Sales Of Alcoholic Beverages To Minors:
      1.   Restrictions:
         a.   No person may procure for, sell, dispense or give away any fermented 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 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.
      2.   Penalties And License Suspension For Sale To Minor:
         a.   In this section "violation" means a violation of this subsection or a local ordinance which strictly conforms to this subsection.
         b.   A person who commits a violation is subject to a forfeiture of:
            (1)   Not more than five hundred dollars ($500.00) if the person has not committed a previous violation within thirty (30) months of the violation; or
            (2)   Not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) if the person has committed a previous violation within thirty (30) months of the violation.
         c.   A court shall suspend any license or permit issued under this chapter to a person for:
            (1)   Not more than three (3) days, if the court finds that the person committed a violation within twelve (12) months after committing one previous violation;
            (2)   Not less than three (3) days nor more than ten (10) days, if the court finds that the person committed a violation within twelve (12) months after committing two (2) other violations; or
            (3)   Not less than fifteen (15) days nor more than thirty (30) days, if the court finds that the person committed the violation within twelve (12) months after committing three (3) other violations.
         d.   The court shall promptly mail notice of a suspension under this subsection to the department and to the clerk of each municipality which has issued a license or permit to the person.
      3.   Underage Persons; Penalties: An underage person who procures or attempts to procure alcoholic beverages, possesses or consumes alcoholic beverages, or falsely represents his or her age for the purpose of receiving alcoholic beverages from a licensee or permittee is subject to:
         a.   A forfeiture of not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00).
         b.   Participate in a supervised work program or other community service work.
         c.   Operating privilege may be suspended.
         d.   Any combination of these penalties.
   B.   Sales Of Alcoholic Beverages To Intoxicated Persons:
      1.   Restrictions:
         a.   No person may procure for, sell, dispense or give away alcoholic or malted beverages to a person who is intoxicated.
         b.   No licensee or permittee may sell, vend, deal or traffic in alcoholic or malt beverages to or with a person who is intoxicated.
      2.   Penalties: Any person who violates subsection B1a of this section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days or both.
   C.   Presence In Places Of Sale; Penalty:
      1.   Restrictions: An underage person not accompanied by his or her parent, guardian or adult 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 alcoholic and malt 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" retail intoxicated or malt beverage premises for the purpose of purchasing edibles or beverages other than alcohol beverages. Any underage person so entering the premises may not remain on the premises after the purchase.
         c.   Hotels, drugstores, 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.
         d.   Premises in the village park, and concessions authorized on village owned premises in the village parks as defined or designated in chapters 27 and 28, Wisconsin statutes.
         e.   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 is 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 alcoholic beverages, but the presumption may be rebutted by competent evidence.
         f.   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 as defined in section 125.06(11), Wisconsin statutes, if the person does not enter or remain in a room where alcoholic beverages are sold or furnished.
         g.   An underage person who enters or remains in a room on class "B" or "class B" licensed premises separate from any room where alcoholic beverages are sold or served, for the purpose of engaging in marching or drilling with a group of other persons if no alcoholic beverages are furnished or consumed by any person in the room where the minor is present and the minor's presence is authorized under this subsection. A minor may enter and remain on class "B" or "class B" premises under this subsection only if the municipality which issued the class "B" or "class B" license adopts an ordinance permitting minors to enter and remain on the premises as provided in this subsection and the law enforcement agency responsible for enforcing the ordinance issues to the class "B" or "class B" licensee a written authorization permitting minors 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 minors on the licensed premises will not endanger the health, welfare or safety of the minors or other members of the community. The licensee shall obtain a separate authorization for each date on which minors will be present on the premises.
      2.   Penalties:
         a.   A licensee or permittee who directly or indirectly permits any underage person to enter or be on a licensed premises in violation is subject to a forfeiture of not more than five hundred dollars ($500.00). (Ord. 2011-5, 11-7-2011)