LRB-0882/1
ARG:kmg:jf
2001 - 2002 LEGISLATURE
April 24, 2001 - Introduced by Representatives Schneider and Musser. Referred
to Committee on State Affairs.
AB350,1,3
1An Act to renumber and amend 125.07 (3) (b);
to amend 125.07 (1) (b) 2. a.;
2and
to create 125.07 (1) (am) and 125.07 (3) (b) 2. of the statutes;
relating to:
3warnings for first violations of certain underage drinking prohibitions.
Analysis by the Legislative Reference Bureau
Under current law, no person, including a person holding a license or permit for
the retail sale of alcohol beverages (licensee or permittee), may procure for, sell, or
give away alcohol beverages to any individual who has not attained the legal
drinking age of 21 years (underage person) or who is not accompanied by his or her
parent, guardian, or spouse who has attained the legal drinking age. In addition, no
person may contribute to or fail to take action to prevent such procurement, sale, or
gift. A person who violates these provisions is subject to a forfeiture of not more than
$500 if the person has not committed a previous violation in the past 30 months.
Also under current law, with certain exceptions, a licensee or permittee may not
allow an underage person who is not accompanied by his or her parent, guardian, or
spouse who has attained the legal drinking age to enter or remain on the licensed
premises. Any licensee or permittee who violates this provision is subject to a
forfeiture of not more than $500.
Under this bill, if a law enforcement agency discovers as a result of an
undercover investigation that a person has violated any of these provisions, the law
enforcement agency may only issue a written warning to the person if the person has
not been found to have committed, or received a written warning for, a previous
violation in the past 30 months.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB350, s. 1
1Section
1. 125.07 (1) (am) of the statutes is created to read:
AB350,2,72
125.07
(1) (am)
Warning. If, in the course of an undercover investigation to
3determine compliance with this section, a law enforcement agency has probable
4cause to believe that a person has committed a violation of this subsection, the law
5enforcement agency may only issue a written warning to the person if the person has
6not been found to have committed, or received a written warning for, a previous
7violation within 30 months before the violation.
AB350, s. 2
8Section
2. 125.07 (1) (b) 2. a. of the statutes is amended to read:
AB350,2,119
125.07
(1) (b) 2. a.
Required Except as provided in par. (am), required to forfeit
10not more than $500 if the person has not committed a previous violation within 30
11months of the violation.
AB350, s. 3
12Section
3. 125.07 (3) (b) of the statutes is renumbered 125.07 (3) (b) 1. and
13amended to read:
AB350,2,1614
125.07
(3) (b) 1.
A Except as provided in subd. 2., a licensee or permittee who
15directly or indirectly permits an underage person to enter or be on a licensed
16premises in violation of par. (a) is subject to a forfeiture of not more than $500.
AB350, s. 4
17Section
4. 125.07 (3) (b) 2. of the statutes is created to read:
AB350,3,218
125.07
(3) (b) 2. If, in the course of an undercover investigation to determine
19compliance with this section, a law enforcement agency has probable cause to believe
20that a licensee or permittee has committed a violation of this subsection, the law
21enforcement agency may only issue a written warning to the licensee or permittee
1if the licensee or permittee has not been found to have committed, or received a
2written warning for, a previous violation within 30 months before the violation.
AB350,3,54
(1) This act first applies to violations, discovered through undercover law
5enforcement investigations, occurring on the effective date of this subsection.
AB350,3,87
(1)
This act takes effect on the first day of the 4th month beginning after
8publication.
