AB335: Bill Text

LRB-2246/1

ARG:cmh:rs

2003 - 2004 LEGISLATURE

2003 Assembly BILL 335

May 13, 2003 - Introduced by Representatives Ainsworth, Hines, Ladwig, M. Lehman, Morris, Ott, Owens and Wasserman, cosponsored by Senator S. Fitzgerald. Referred to Committee on State Affairs.

AB335,1,4 An Act to amend 125.07 (1) (a) 1. and 2., 125.07 (4) (a) 2. and 125.07 (4) (b) of the statutes; relating to: underage persons possessing, consuming, or being provided alcohol beverages when accompanied by a parent, guardian, or spouse.

Analysis by the Legislative Reference Bureau

Under current law, with certain exceptions, a person who has not attained the legal drinking age of 21 years (underage person), and who is not accompanied by his or her parent, guardian, or spouse who has attained the legal drinking age, may not knowingly possess or consume alcohol beverages and may not enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued. Also, no person (including a licensee or permittee) may procure for, sell, dispense, or give away (provide) alcohol beverages to an underage person who is not accompanied by his or her parent, guardian, or spouse who has attained the legal drinking age.

Under this bill, an underage person accompanied by a parent, guardian, or spouse who has attained the legal drinking age may possess, consume, or be provided alcohol beverages only if the underage person is at least 18 years of age. An underage person of any age may still enter or be on premises operating under a retail license or permit if accompanied by a parent, guardian, or spouse who has attained the legal drinking age.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB335, s. 1 Section 1. 125.07 (1) (a) 1. and 2. of the statutes are amended to read:

AB335,2,5 125.07 (1) (a) 1. No person may procure for, sell, dispense, or give away any alcohol beverages to any underage person not unless the underage person is at least 18 years of age and is accompanied by his or her parent, guardian , or spouse who has attained the legal drinking age.

AB335,2,9 2. No licensee or permittee may sell, vend, deal, or traffic in alcohol beverages to or with any underage person not unless the underage person is at least 18 years of age and is accompanied by his or her parent, guardian, or spouse who has attained the legal drinking age.

AB335, s. 2 Section 2. 125.07 (4) (a) 2. of the statutes is amended to read:

AB335,2,13 125.07 (4) (a) 2. Unless at least 18 years of age and accompanied by a parent, guardian, or spouse who has attained the legal drinking age, possesses or consumes alcohol beverages on licensed premises.

AB335, s. 3 Section 3. 125.07 (4) (b) of the statutes is amended to read:

AB335,2,18 125.07 (4) (b) Except as provided in par. (bm), any underage person not , unless at least 18 years of age and accompanied by his or her parent, guardian, or spouse who has attained the legal drinking age, who knowingly possesses or consumes alcohol beverages is guilty of a violation.

AB335, s. 4 Section 4. Initial applicability.

AB335,3,2 (1) This act first applies to violations committed on the effective date of this subsection.

AB335,3,3 (End)