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 par. (bs)
should be imposed.
In determining whether or not a licensee or permittee has violated subs. (1) (a)
and (3) (a)
, all relevant circumstances surrounding the presence of the underage person or the procuring, selling, dispensing or giving away of alcohol beverages may be considered, including any circumstance under pars. (a)
. In addition, proof of all 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:
That the purchaser falsely represented that he or she had attained the legal drinking age.
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.
That the sale was made in good faith and in reliance on the representation and appearance of the purchaser in the belief that the purchaser had attained the legal drinking age.
That the underage person supported the representation under par. (a)
with documentation that he or she had attained the legal drinking age.
(7) Book kept by licensees and permittees. 125.07(7)(a)(a)
Every retail alcohol beverage licensee or permittee may keep a book for the purposes of sub. (6)
. The licensee or permittee or his or her employee may require any of the following persons to sign the book:
A person who has shown documentary proof that he or she has attained the legal drinking age, if the person's age is in question.
A person who alleges that he or she is the underage person's parent, guardian or spouse and that he or she has attained the legal drinking age, if the licensee or permittee or his or her employee suspects that he or she is not the underage person's parent, guardian or spouse or that he or she has not attained the legal drinking age.
The book may show the date of the purchase of the alcohol beverages, the identification used in making the purchase or the identification used to establish that a person is an underage person's parent, guardian or spouse and has attained the legal drinking age, the address of the purchaser and the purchaser's signature.
History: 1981 c. 79
; 1983 a. 74
; 1985 a. 28
; 1987 a. 51
; 1989 a. 31
; 1991 a. 28
; 1993 a. 112
; 1995 a. 77
; 1997 a. 35
; 1999 a. 109
; 2003 a. 246
A vendor who negligently sells to an underage person may be liable for acts of the intoxicated underage person. Sorensen v. Jarvis, 119 Wis. 2d 627
, 350 N.W.2d 108
A host who negligently furnished alcohol to an underage guest was negligent per se and liable for injuries to a 3rd party arising out of the guest's intoxication. Koback v. Crook, 123 Wis. 2d 259
, 366 N.W.2d 857
Sub. (1) (a) prohibits underage persons, as well as adults, from providing alcoholic beverages to underage persons. Smith v. Kappel, 147 Wis. 2d 380
, 433 N.W.2d 588
(Ct. App. 1988).
The purpose of sub. (3) is not to avoid the likelihood that a minor who enters a licensed premises will subsequently commit an off-premises assault; a licensee who violates sub. (3) is not negligent per se if such an assault occurs. Symes v. Milwaukee Mut. Ins. Co. 178 Wis. 2d 564
, 505 N.W.2d 143
(Ct. App. 1993).
Sub. (6) provides two lines of defense: the defendant can produce any factors believed relevant including those listed in pars. (a) to (d) or can produce evidence meeting all four elements of pars. (a) to (d), which if proven constitutes an absolute defense. City of Oshkosh v. Abitz, 187 Wis. 2d 202
, 522 N.W.2d 258
(Ct. App. 1994).
In order to "knowingly permit" consumption by an underage person under sub. (1) (a) 3., there must be evidence, or a reasonable inference from evidence, that the person knew or should have known that drinking would occur. Miller v. Thomack, 204 Wis. 2d 242
, 555 N.W.2d 130
(Ct. App. 1996).
An individual who contributes money for the intent of purchasing alcohol knowing that it will be consumed by an underage person "procures" alcohol for the underage person. Miller v. Thomack, 210 Wis. 2d 651
, 563 N.W.2d 891
Liquor liability and blame-shifting defenses: Do they mix? Kelly. 69 MLR 217 (1986).
Imposition of liability on social hosts in drunk driving cases: A judicial response mandated by principles of common law and common sense. Goldberg. 69 MLR 251 (1986).
Injury or death by providing alcohol beverages to a minor. 125.075(1)(1)
Any person who procures alcohol beverages for or sells, dispenses or gives away alcohol beverages to a person under 18 years of age in violation of s. 125.07 (1) (a) 1.
may be penalized as provided in sub. (2)
The person knew or should have known that the underage person was under the legal drinking age; and
In determining under sub. (1) (a)
whether a person knew or should have known that the underage person was under the legal drinking age, all relevant circumstances surrounding the procuring, selling, dispensing or giving away of the alcohol beverages may be considered, including any circumstance under pars. (a)
. In addition, a person has a defense to criminal liability under sub. (1)
if all of the following occur:
The underage person falsely represents that he or she has attained the legal drinking age.
The underage person supports the representation under par. (a)
with documentation that he or she has attained the legal drinking age.
The alcohol beverages are provided in good faith reliance on the underage person's representation that he or she has attained the legal drinking age.
The appearance of the underage person is such that an ordinary and prudent person would believe that he or she had attained the legal drinking age.
Whoever violates sub. (1)
is guilty of a Class H felony if the underage person suffers great bodily harm, as defined in s. 939.22 (14)
Whoever violates sub. (1)
is guilty of a Class G felony if the underage person dies.
In this section, "official identification card" means a valid operator's license issued under ch. 343
that contains the photograph of the holder, an identification card issued under s. 343.50
or an identification card issued under s. 125.08
, 1987 stats.
No card other than the identification card authorized under this section may be recognized as an official identification card in this state. In place of an official identification card, documentary proof of age may be substituted.
(3) Penalties for falsification of proof of age. 125.085(3)(a)1.1.
No person may make, alter or duplicate an official identification card, provide an official identification card to an underage person or knowingly provide other documentation to an underage person purporting to show that the underage person has attained the legal drinking age. No person may possess an official identification card or other documentation used for proof of age with the intent of providing it to an underage person. Except as provided in subds. 2.
, any person who violates this subdivision may be fined not less than $300 nor more than $1,250 or imprisoned for not less than 10 days nor more than 30 days or both.
Any person who violates subd. 1.
for money or other consideration is guilty of a Class I felony.
3. Subdivisions 1.
do not apply to a person who is authorized to make an official identification card under ch. 343
Any underage person who does any of the following is guilty of a violation:
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.
Makes, alters or duplicates an official identification card purporting to show that he or she has attained the legal drinking age.
Presents false information to an issuing officer in applying for an official identification card.
Intentionally carries an official identification card or other documentation showing that the person has attained the legal drinking age, with knowledge that the official identification card or documentation is false.
Any underage person who violates par. (b)
is subject to a forfeiture of not less than $300 nor more than $1,250, suspension of the person's operating privilege under s. 343.30 (6) (bm)
, participation in a supervised work program or other community service work under par. (bh)
or any combination of these penalties.
A supervised work program ordered under par. (bd)
shall be administered by the county department under s. 46.215
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 par. (bd)
, 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 person to perform community service work under par. (bd)
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.
When a court suspends a person's operating privilege under par. (bd)
, the department of transportation may not disclose information concerning or relating to the 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 suspended. A person entitled to receive information under this paragraph may not disclose the information to any other person or agency.
A person who is under 17 years of age on the date of disposition is subject to s. 938.344
unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3)
A law enforcement officer investigating an alleged violation of par. (b)
shall confiscate any official identification card or other documentation that constitutes evidence of the violation.
General restrictions. 125.09(1)
No owner, lessee or person in charge of a public place may permit the consumption of alcohol beverages on the premises of the public place, unless the person has an appropriate retail license or permit. This subsection does not apply to municipalities, buildings and parks owned by counties, regularly established athletic fields and stadiums, school buildings, churches, premises in a state fair park or clubs.
(2) Possession of alcohol beverages on school grounds prohibited. 125.09(2)(a)1.
"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 1 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.
Except as provided by par. (c)
no person may possess or consume alcohol beverages:
In a motor vehicle, if a pupil attending the school is in the motor vehicle; or
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, ordinances and school board policies.
A person who violates this subsection is subject to a forfeiture of not more than $200, except that ss. 125.07 (4) (c)
provide the penalties applicable to underage persons.
(3) Place-to-place deliveries.
No person may peddle any alcohol beverage from house to house where the sale and delivery are made concurrently.
(6) Municipal stores.
No municipality may engage in the sale of alcohol beverages, except as authorized under s. 125.26 (6)
. This subsection does not apply to municipal stores in operation on November 6, 1969.
This section does not prohibit the consumption of alcohol beverages by bed and breakfast proprietors, their friends, or their personal guests in areas that are off-limits to the public or to renters. 80 Atty. Gen. 218
Municipal regulation. 125.10(1)
Any municipality may enact regulations incorporating any part of this chapter and may prescribe additional regulations for the sale of alcohol beverages, not in conflict with this chapter. The municipality may prescribe forfeitures or license suspension or revocation for violations of any such regulations. Regulations providing forfeitures or license suspension or revocation must be adopted by ordinance.
(2) Regulation of underage persons.
A municipality or a county may enact an ordinance regulating conduct regulated by s. 125.07 (1)
or (4) (a)
, 125.085 (3) (b)
or 125.09 (2)
only if it strictly conforms to the statutory subsection. A county ordinance enacted under this subsection does not apply within any municipality that has enacted or enacts an ordinance under this subsection.
Except as provided in ss. 125.05
, this chapter does not affect the power of municipalities to enact or enforce zoning regulations.
(4) Regulation of closed retail premises.
A municipality may not prohibit the permittee, licensee, employees, salespersons, employees of wholesalers licensed under s. 125.28 (1)
or 125.54 (1)
or service personnel from being present on premises operated under a Class "A", "Class A" or "Class C" license or under a Class "B" or "Class B" license or permit during hours when the premises are not open for business if those persons are performing job-related activities.
Impersonating an officer. 125.105(1)
No person may impersonate an inspector, agent or other employee of the department or of the department of justice.
Whoever violates sub. (1)
with the intent to mislead another may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
Whoever violates sub. (1)
to commit, or abet the commission of, a crime is guilty of a Class H felony.
Any person who violates any provision of this chapter for which a specific penalty is not provided, shall be fined not more than $1,000 or imprisoned for not more than 90 days or both. Any license or permit issued to the person under this chapter may be revoked by the court.
If a person is convicted of a felony under this chapter, in addition to the penalties provided for the felony, the court shall revoke any license or permit issued to the person under this chapter.