125.07 Annotation
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 W (2d) 564, 505 NW (2d) 143 (Ct. App. 1993).
125.07 Annotation
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 W (2d) 202, 522 NW (2d) 258 (Ct. App. 1994).
125.07 Annotation
Liquor liability and blame-shifting defenses: Do they mix? Kelly. 69 MLR 217 (1986).
125.07 Annotation
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).
125.075
125.075
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. or
2. may be penalized as provided in
sub. (2) if:
125.075(1)(a)
(a) The person knew or should have known that the underage person was under the legal drinking age; and
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)
(2) Whoever violates
sub. (1) may be fined not more than $10,000 or imprisoned for not more than 5 years or both.
125.075 History
History: 1987 a. 335;
1989 a. 253.
125.085(1)(1)
Definition. 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.
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. In place of an official identification card, documentary proof of age may be substituted.
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 $100 nor more than $500 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 may be fined not more than $10,000 or imprisoned for not more than 2 years or both.
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 $100 nor more than $500, 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 child 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.
125.085(3)(bt)
(bt) A person who is under 18 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 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, employes, salespersons, employes 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.
125.105
125.105
Impersonating an officer. 125.105(1)
(1) No person may impersonate an inspector, agent or other employe 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 may be fined not more than $10,000 or imprisoned for not more than 5 years or both.
125.105 History
History: 1989 a. 253.
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. 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(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.
125.12(2)(ag)3.
3. The person has sold or given away alcohol beverages to known habitual drunkards.
125.12(2)(ag)4.
4. The person does not possess the qualifications required under this chapter to hold the license.
125.12(2)(ag)5.
5. The person has been convicted of manufacturing, distributing or delivering a controlled substance or controlled substance analog under
s. 961.41 (1); of possessing, with intent to manufacture, distribute or deliver, a controlled substance or controlled substance analog under
s. 961.41 (1m); or of possessing, with intent to manufacture, distribute or deliver, or of manufacturing, distributing or delivering a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state.
125.12 Note
NOTE: Subd. 5. is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
125.12(2)(ag)6.
6. The person knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess, with the intent to manufacture, distribute or deliver, or to manufacture, distribute or deliver a controlled substance or controlled substance analog.
125.12(2)(ar)
(ar)
Summons. Upon the filing of the complaint, the municipal governing body or a duly authorized committee of a city council shall issue a summons, signed by the clerk and directed to any peace officer in the municipality. The summons shall command the licensee complained of to appear before the municipal governing body or the committee on a day and place named in the summons, not less than 3 days and not more than 10 days from the date of issuance, and show cause why his or her license should not be revoked or suspended. The summons and a copy of the complaint shall be served on the licensee at least 3 days before the time at which the licensee is commanded to appear. Service shall be in the manner provided under
ch. 801 for service in civil actions in circuit court.
125.12(2)(b)1.1. If the licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true and if the municipal governing body or the committee finds the allegations sufficient, the license shall be revoked. The clerk shall give notice of the revocation to the person whose license is revoked.
125.12(2)(b)2.
2. If the licensee appears as required by the summons and denies the complaint, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel. The licensee shall be provided a written transcript of the hearing at his or her expense. If the hearing is held before the municipal governing body and the complaint is found to be true, the license shall either be suspended for not less than 10 days nor more than 90 days or revoked.
