125.075(1m)
(1m) 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) to
(d). In addition, a person has a defense to criminal liability under
sub. (1) if all of the following occur:
125.075(1m)(a)
(a) The underage person falsely represents that he or she has attained the legal drinking age.
125.075(1m)(b)
(b) The underage person supports the representation under
par. (a) with documentation that he or she has attained the legal drinking age.
125.075(1m)(c)
(c) 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.
125.075(1m)(d)
(d) 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.
125.075(2)(a)(a) 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).
125.075(2)(b)
(b) Whoever violates
sub. (1) is guilty of a Class G felony if the underage person dies.
125.075 Annotation
The reference in sub. (1) to a single minor or underage person does not preclude its application to a defendant who procures alcohol beverages for a group of persons that the defendant knew or should have known were underage persons. It would be unreasonable to interpret sub. (1) as requiring a personal interaction between the defendant and the victim, or as requiring that the defendant have knowledge that a particular underage person would consume the alcohol procured by the defendant. State v. Wille, 2007 WI App 27,
299 Wis. 2d 531,
728 N.W.2d 343,
05-2839.
125.085(1)(1)
Definition. In this section, "official identification card" means any of the following:
125.085(1)(a)
(a) A valid operator's license issued under
ch. 343 that contains the photograph of the holder.
125.085(1)(d)
(d) A valid military identification card issued to a member of the U.S. armed forces, or forces incorporated as part of the U.S. armed forces, that contains the person's photograph and date of birth.
125.085(2)
(2) Use. No card other than the identification card authorized under this section may be recognized as an official identification card in this state. Any licensee or permittee under this chapter may require a person to present an official identification card, documentary proof of age, an operator's license issued by another jurisdiction, or any other form of identification or proof of age acceptable to the licensee or permittee before providing alcohol beverages to the person or allowing the person to enter the premises for which the license or permit has been issued. Nothing in this subsection requires a licensee or permittee to accept any form of identification that does not appear to be valid or authentic or appears altered.
125.085(3)
(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. and
3., 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.
125.085(3)(a)2.
2. Any person who violates
subd. 1. for money or other consideration is guilty of a Class I felony.
125.085(3)(a)3.
3. Subdivisions 1. and
2. do not apply to a person who is authorized to make an official identification card under
ch. 343.
125.085(3)(b)
(b) Any underage person who does any of the following is guilty of a violation:
125.085(3)(b)1.
1. 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.
125.085(3)(b)2.
2. Makes, alters or duplicates an official identification card purporting to show that he or she has attained the legal drinking age.
125.085(3)(b)3.
3. Presents false information to an issuing officer in applying for an official identification card.
125.085(3)(b)4.
4. 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.
125.085(3)(bd)
(bd) 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.
125.085(3)(bh)1.1. A supervised work program ordered under
par. (bd) shall be administered by the county department under
s. 46.215 or
46.22 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).
125.085(3)(bh)2.
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.
125.085(3)(bp)
(bp) 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.
Effective date note
NOTE: Par (bp) is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
Effective date text
(bp) 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, driver licensing agency of another jurisdiction, 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.
125.085(3)(bt)
(bt) 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).
125.085(3)(c)
(c) 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.
125.09
125.09
General restrictions. 125.09(1)
(1)
Public place. 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.
125.09(2)
(2) Possession of alcohol beverages on school grounds prohibited. 125.09(2)(a)1.
1. "Motor vehicle" means a motor vehicle owned, rented or consigned to a school.
125.09(2)(a)2.
2. "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.
125.09(2)(a)3.
3. "School administrator" means the person designated by the governing body of a school as ultimately responsible for the ordinary operations of a school.
125.09(2)(a)4.
4. "School premises" means premises owned, rented or under the control of a school.
125.09(2)(b)
(b) Except as provided by
par. (c) no person may possess or consume alcohol beverages:
125.09(2)(b)2.
2. In a motor vehicle, if a pupil attending the school is in the motor vehicle; or
125.09(2)(c)
(c) 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.
125.09(2)(d)
(d) A person who violates this subsection is subject to a forfeiture of not more than $200, except that
ss. 125.07 (4) (c) and
(d) and
938.344 provide the penalties applicable to underage persons.
125.09(3)
(3) Place-to-place deliveries. No person may peddle any alcohol beverage from house to house where the sale and delivery are made concurrently.
125.09(6)
(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.
125.09 Annotation
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.
125.10
125.10
Municipal regulation. 125.10(1)
(1)
Authorization. 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.
125.10(2)
(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),
(b) or
(bm),
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.
125.10(3)
(3) Zoning. Except as provided in
ss. 125.05 and
125.68, this chapter does not affect the power of municipalities to enact or enforce zoning regulations.
125.10(4)
(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); employees of permittees under
s. 125.295 with respect to the permittee's own retail premises; 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.
125.10 Annotation
Chapter 125 contemplates and expressly directs that regulation is to supersede competition in the retail sale of alcohol beverages. The regulatory scheme indicates a legislative intent to make state antitrust law not applicable by authorizing contrary or inconsistent conduct by granting municipalities broad statutory authority to prescribe or orchestrate anticompetitive regulation in the sale and consumption of alcohol if that regulation serves an important public interest. Private parties are eligible for antitrust immunity when they act in concert, in an anticompetitive manner, in direct response to pressure bordering on compulsion from a municipality. Eichenseer v. Madison-Dane County Tavern League, Inc. 2008 WI 38, ___ Wis. 2d ___,
748 N.W.2d 154,
05-1063.
125.105
125.105
Impersonating an officer. 125.105(1)
(1) No person may impersonate an inspector, agent or other employee of the department or of the department of justice.
125.105(2)(a)(a) 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.
125.105(2)(b)
(b) Whoever violates
sub. (1) to commit, or abet the commission of, a crime is guilty of a Class H felony.
125.11(1)(1)
General penalty. 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.
125.11(2)
(2) Felony. 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.
125.115
125.115
Responsibility for commission of a crime. 125.115(1)(1) A person may be convicted of the commission of a crime under this chapter only if the criteria specified in
s. 939.05 exist.
125.115(2)
(2) This section does not apply to civil forfeiture actions for violation of any provision of this chapter or any local ordinance in conformity with any provision of this chapter.
125.115 History
History: 1985 a. 47.
125.12
125.12
Revocations, suspensions, refusals to issue or renew. 125.12(1)(1)
Revocation, suspension, nonissuance or nonrenewal of license. 125.12(1)(a)(a) Except as provided in this subsection, any municipality or the department may revoke, suspend or refuse to renew any license or permit under this chapter, as provided in this section.
125.12(1)(b)2.
2. No violation may be considered under this section or
s. 125.04 (5) (a) 1. unless the licensee or permittee has committed another violation within one year preceding the violation. If a licensee or permittee has committed 2 or more violations within one year, all violations committed within one year of a previous violation may be considered under this section or
s. 125.04 (5) (a) 1.
125.12(1)(c)
(c) Neither a municipality nor the department may consider an arrest or conviction for a violation punishable under
s. 945.03 (2m),
945.04 (2m) or
945.05 (1m) in any action to revoke, suspend or refuse to renew a Class "B" or "Class B" license or permit.
125.12(2)
(2) Revocation or suspension of licenses by local authorities. 125.12(2)(ag)(ag)
Complaint. Any resident of a municipality issuing licenses under this chapter may file a sworn written complaint with the clerk of the municipality alleging one or more of the following about a person holding a license issued under this chapter by the municipality:
125.12(2)(ag)1.
1. The person has violated this chapter or municipal regulations adopted under
s. 125.10.
125.12(2)(ag)2.
2. The person keeps or maintains a disorderly or riotous, indecent or improper house.
