A. Sales Prohibited; Identification:
1. No licensee nor any officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of twenty one (21) years or to any intoxicated person or to any person known by him to be a habitual drunkard, spendthrift, insane, mentally ill, mentally deficient or in need of mental treatment. No person shall sell alcoholic liquor to a person under the age of twenty one (21) years, and no person shall give or deliver alcoholic liquor to a person under the age of twenty one (21) years, except as provided in this chapter. For the purpose of preventing violation of this subsection, any licensee or his agent or employee may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he is over the age of twenty one (21) years.
2. Adequate written evidence of age and identity of the person is a document issued by a federal, state, county or municipal government or subdivision or agency thereof including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal selective service act or an identification card issued to a member of the armed forces. Proof that the defendant, licensee or his employees or agent demanded, was shown and reasonably relied upon such written evidence in any transaction provided by this subsection is competent evidence and may be considered in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
3. Any person who sells, gives or furnishes to any person under the age of twenty one (21) years any false or fraudulent written, printed or photostatic evidence of the age and identity of such person or who sells, gives or furnishes to any person under the age of twenty one (21) years evidence of age and identification of any other person is guilty of a violation of this chapter. Any person under the age of twenty one (21) years who presents or offers to any licensee, his agent or employee any written, printed or photostatic evidence of age and identity which is false, fraudulent or not actually his own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the sale of any alcoholic beverage or who has in his possession any false or fraudulent written, printed or photostatic evidence of age and identity is guilty of a violation of this chapter. Any person under the age of twenty one (21) years who has any alcoholic beverage in his or her blood, on his or her breath, or in his or her possession is guilty of a violation of this chapter unless the minor consumed the alcohol as provided in subsection B2 of this section. Whoever violates provisions of this subsection shall be guilty of a violation of this chapter.
B. Purchase And Consumption By Persons Under The Age Of Twenty One; Identification And Age Verification Training Required:
1. Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of such alcoholic liquor. The licensee and/or his or her agents and employees shall, before making a sale or delivery of alcoholic liquor, demand presentation of some form of positive identification containing proof of age issued by a public officer in the performance of his duties. No person shall transfer, alter or deface such an identification card, use the identification card of another, carry or use a false identification card or obtain an identification card by means of false information. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this subsection. The consumption of alcoholic liquor by any person under the age of twenty one (21) years is forbidden. Whoever violates provisions of this subsection shall be guilty of a violation of this chapter.
2. Possession and dispensing or consumption by a person under the age of twenty one (21) years of alcoholic liquor in a performance of religious service or ceremony or under the direct supervision and approval of the parent or parents of such person in the privacy of a home, is not prohibited by this subsection.
C. Warning To Minors: In every place in the village where alcoholic liquor is sold, there shall be displayed at all times in a prominent place a printed card which shall read substantially as follows:
WARNING TO MINORS: You are subject to a fine up to five hundred dollars ($500.00) under the ordinance of the Village of Shorewood if you purchase alcoholic liquor, or misrepresent your age for the purpose of unlawfully purchasing or obtaining alcoholic liquor.
D. Minors On Liquor Premises:
1. It shall be unlawful for any holder of a retail liquor license or his agent or employee to suffer or permit any minor to be or remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises is located; provided, that this subsection shall not apply to any minor who is accompanied by his parent or guardian or to any licensed premises which derives its principal business from the sale or service of commodities other than alcoholic liquor.
2. In addition to all other fines and penalties, the local liquor control commissioner may suspend or revoke the retail liquor dealer's license for any violation of this subsection.
E. Employment Of Persons Under Twenty One Years Of Age: It shall be unlawful for any person under the age of twenty one (21) years to attend any bar or to draw, pour or mix any alcoholic liquor in any licensed premises or for any person to employ, retain or use any person under twenty one (21) years of age to mix, draw or pour any alcoholic liquor on the premises or area described in any liquor license issued under this chapter, with the exception that restaurants may employ, retain or use persons who are eighteen (18) years of age or older to serve and sell alcoholic liquor if it is sold incidentally to food sales and only if such minor has received a certificate in training in an alcohol servicing training program such as TIPS or BASSET or a similarly state certified program relating to the law requiring verification of the age of customers and detection of false identifications, however, in no event shall a person under twenty one (21) years of age mix, draw or pour alcoholic liquor for restaurant patrons or guests. Except for restaurants as previously stated, the prohibition against persons under the age of twenty one (21) selling alcoholic liquor shall include, but is not limited to, cashiers or other individuals who obtain money in exchange for the sale of alcoholic liquor such as is customary in package stores and retail package stores, however, persons under twenty one (21) work as cashiers in grocery stores as long as age verification of any customer purchasing alcoholic liquor is made by a manager or supervisor who is over twenty one (21) years old. Any person required to have a TIPS or BASSET or other certificate shall be given ninety (90) days from the effective date to obtain such certification. (Ord. 09-1561, 11-24-2009, eff. 1-1-2010)
Notes
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