125.07(3)(a)6.
6. Premises operated under both a Class "B" or "Class B" license or permit and a restaurant permit where the principal business conducted is that of a restaurant. If the premises are operated under both a Class "B" or "Class B" license or permit and a restaurant permit, the principal business conducted is presumed to be the sale of alcohol beverages, but the presumption may be rebutted by competent evidence.
125.07(3)(a)6m.
6m. Premises operating under both a "Class C" license and a restaurant permit.
125.07(3)(a)7.
7. An underage person who enters or remains on a Class "B" or "Class B" premises for the purpose of transacting business at an auction or market, if the person does not enter or remain in a room where alcohol beverages are sold, furnished or possessed.
125.07(3)(a)8.
8. An underage person who enters or remains in a room on Class "B" or "Class B" licensed premises separate from any room where alcohol beverages are sold or served, if no alcohol beverages are furnished or consumed by any person in the room where the underage person is present and the presence of underage persons is authorized under this subdivision. An underage person may enter and remain on Class "B" or "Class B" premises under this subdivision only if the municipality which issued the Class "B" or "Class B" license adopts an ordinance permitting underage persons to enter and remain on the premises as provided in this subdivision and the law enforcement agency responsible for enforcing the ordinance issues to the Class "B" or "Class B" licensee a written authorization permitting underage persons to be present under this subdivision on the date specified in the authorization. Before issuing the authorization, the law enforcement agency shall make a determination that the presence of underage persons on the licensed premises will not endanger their health, welfare or safety or that of other members of the community. The licensee shall obtain a separate authorization for each date on which underage persons will be present on the premises.
125.07(3)(a)9.
9. A person who is at least 18 years of age and who is working under a contract with the licensee, permittee or corporate agent to provide entertainment for customers on the premises.
125.07(3)(a)10.
10. An underage person who enters or remains on Class "B" or "Class B" licensed premises on a date specified by the licensee or permittee during times when no alcohol beverages are consumed, sold or given away. During those times, the licensee, the agent named in the license if the licensee is a corporation or limited liability company or a person who has an operator's license shall be on the premises unless all alcohol beverages are stored in a locked portion of the premises. The licensee shall notify the local law enforcement agency, in advance, of the times underage persons will be allowed on the premises under this subdivision.
125.07(3)(a)11.
11. An underage person who enters or remains in a dance hall or banquet or hospitality room attached to Class "B" or "Class B" licensed premises for the purpose of attending a banquet, reception, dance, or other similar event.
125.07(3)(a)12.
12. An underage person who enters and remains on premises for which a temporary Class "B" license is issued under
s. 125.26 (6) if the licensee is authorized by the official or body of the municipality that issued the license to permit underage persons to be on the premises under
s. 125.26 (6) and if the licensee permits underage persons to be on the premises.
125.07(3)(a)13.
13. An underage person who enters or remains in a banquet or hospitality room on brewery premises for the purpose of attending a brewery tour.
125.07(3)(a)14.
14. An underage person who enters or remains on premises for which a license is issued to the Wisconsin Renaissance Faire in the city of Chippewa Falls.
125.07(3)(a)15.
15. An underage person employed by or assisting a law enforcement agency in carrying out enforcement activities to determine compliance with, or investigate potential violations of, the provisions of this section.
125.07(3)(a)16.
16. An underage person who enters or remains in a banquet or hospitality room on winery premises operated under a "Class A" or "Class B" license for the purpose of attending a winery tour.
125.07(3)(b)
(b)
Penalties. A licensee or permittee who directly or indirectly permits an underage person to enter or be on a licensed premises in violation of
par. (a) is subject to a forfeiture of not more than $500.
125.07(4)
(4) Underage persons; prohibitions; penalties. 125.07(4)(a)(a) Any underage person who does any of the following is guilty of a violation:
125.07(4)(a)1.
1. Procures or attempts to procure alcohol beverages from a licensee or permittee.
125.07(4)(a)2.
2. Unless accompanied by a parent, guardian or spouse who has attained the legal drinking age, possesses or consumes alcohol beverages on licensed premises.
125.07(4)(a)3.
3. Enters, knowingly attempts to enter or is on licensed premises in violation of
sub. (3) (a).
125.07(4)(a)4.
4. Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.
125.07(4)(b)
(b) Except as provided in
par. (bm), any underage person not 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.
125.07(4)(bg)
(bg) Paragraphs (a) and
(b) do not apply to an underage person employed by or assisting a law enforcement agency in carrying out enforcement activities to determine compliance with, or investigate potential violations of, the provisions of this section.
125.07(4)(bm)
(bm) An underage person may possess alcohol beverages in the course of employment during his or her working hours if employed by any of the following:
125.07(4)(bm)3.
3. A permittee other than a Class "B" or "Class B" permittee.
125.07(4)(bm)5.
5. A retail licensee or permittee under the conditions specified in
s. 125.32 (2) or
125.68 (2) or for delivery of unopened containers to the home or vehicle of a customer.
125.07(4)(bm)6.
6. A campus, if the underage person is at least 18 years of age and is under the immediate supervision of a person who has attained the legal drinking age.
125.07(4)(bs)
(bs) Any person violating
par. (a) is subject to the following penalties:
125.07(4)(bs)1.
1. For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under
s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under
par. (cg) or any combination of these penalties.
125.07(4)(bs)2.
2. For a violation committed within 12 months of one previous violation, either a forfeiture of not less than $300 nor more than $500, participation in a supervised work program or other community service work under
par. (cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under
s. 343.30 (6) (b) 2., except that if the violation of
par. (a) involved a motor vehicle the person's operating privilege shall be suspended as provided under
s. 343.30 (6) (b) 2.
125.07(4)(bs)3.
3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $500 nor more than $750, participation in a supervised work program or other community service work under
par. (cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under
s. 343.30 (6) (b) 3., except that if the violation of
par. (a) involved a motor vehicle the person's operating privilege shall be suspended as provided under
s. 343.30 (6) (b) 3.
125.07(4)(bs)4.
4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, participation in a supervised work program or other community service work under
par. (cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under
s. 343.30 (6) (b) 3., except that if the violation of
par. (a) involved a motor vehicle the person's operating privilege shall be suspended as provided under
s. 343.30 (6) (b) 3.
125.07(4)(c)
(c) Any person violating
par. (b) is subject to the following penalties:
125.07(4)(c)1.
1. For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under
s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under
par. (cg) or any combination of these penalties.
125.07(4)(c)2.
2. For a violation committed within 12 months of one previous violation, either a forfeiture of not less than $200 nor more than $300, participation in a supervised work program or other community service work under
par. (cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under
s. 343.30 (6) (b) 2., except that if the violation of
par. (b) involved a motor vehicle the person's operating privilege shall be suspended as provided under
s. 343.30 (6) (b) 2.
125.07(4)(c)3.
3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $300 nor more than $500, participation in a supervised work program or other community service work under
par. (cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under
s. 343.30 (6) (b) 3., except that if the violation of
par. (b) involved a motor vehicle the person's operating privilege shall be suspended as provided under
s. 343.30 (6) (b) 3.
125.07(4)(c)4.
4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, participation in a supervised work program or other community service work under
par. (cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under
s. 343.30 (6) (b) 3., except that if the violation of
par. (b) involved a motor vehicle the person's operating privilege shall be suspended as provided under
s. 343.30 (6) (b) 3.
125.07(4)(cd)
(cd) For purposes of
par. (bs) or
(c), all violations arising out of the same incident or occurrence shall be counted as a single violation.
125.07(4)(cg)1.1. A supervised work program ordered under
par. (bs) or
(c) 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. (bs) or
(c), 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. (bs) or
(c).
125.07(4)(cg)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.
125.07(4)(cm)
(cm) When a court revokes or suspends a person's operating privilege under
par. (bs) or
(c), the department of transportation may not disclose information concerning or relating to the revocation or 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 revoked or suspended. A person entitled to receive information under this paragraph may not disclose the information to any other person or agency.
125.07(4)(d)
(d) 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).
125.07(4)(e)1.1. In this paragraph, "defendant" means a person found guilty of violating
par. (a) or
(b) who is 17, 18, 19 or 20 years of age.
125.07(4)(e)2.
2. After ordering a penalty under
par. (bs) or
(c), the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed, except that the court may not stay, suspend or modify the suspension of a person's operating privilege required under
par. (bs) or
(c). The order under this subdivision shall require the defendant to do any of the following:
125.07(4)(e)2.a.
a. Submit to an alcohol abuse assessment that conforms to the criteria specified under
s. 938.547 (4) and that is conducted by an approved treatment facility. The order shall designate an approved treatment facility to conduct the alcohol abuse assessment and shall specify the date by which the assessment must be completed.
125.07(4)(e)2.b.
b. Participate in an outpatient alcohol abuse treatment program at an approved treatment facility, if an alcohol abuse assessment conducted under
subd. 2. a. recommends treatment.
125.07(4)(e)2.c.
c. Participate in a court-approved alcohol abuse education program.
125.07(4)(e)3.
3. If the approved treatment facility, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant has submitted to an assessment under
subd. 2. a. and that the defendant does not need treatment or education, the court shall notify the defendant of whether or not the penalty will be reinstated.
125.07(4)(e)4.
4. If the defendant completes the alcohol abuse treatment program or court-approved alcohol abuse education program, the approved treatment facility or court-approved alcohol abuse education program shall, with the written informed consent of the defendant, notify the agency primarily responsible for providing services to the defendant that the defendant has complied with the order and the court shall notify the defendant of whether or not the penalty will be reinstated. If the court had ordered the suspension of the defendant's operating privilege under
par. (bs) or
(c), the court may order the secretary of transportation to reinstate the operating privilege of the defendant if he or she completes the alcohol abuse treatment program or court-approved alcohol abuse education program.
125.07(4)(e)5.
5. 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) or
(c) should be imposed.
125.07(4)(f)1.1. Except as provided in
subd. 2., and subject to
subds. 3. to
5., if an underage person engages in conduct that violates
par. (a) on the premises of a licensee, the licensee may bring a civil action against the underage person. If judgment is entered in favor of the licensee, the court shall award to the licensee damages in the amount of $1,000 and, notwithstanding
s. 814.04 (1), the costs of the action. A licensee may bring an action under this paragraph regardless of whether the underage person has been convicted of, or received a citation for, the violation of
par. (a), but the licensee has the burden of proving, by a preponderance of the evidence, that the underage person's conduct was in violation of
par. (a).
125.07(4)(f)2.
2. If the underage person who engages in conduct that violates
par. (a) on the licensee's premises is less than 18 years of age and is not an emancipated minor, the licensee may bring the civil action against the underage person's parent, as defined in
s. 46.56 (1) (j).
125.07(4)(f)3.
3. A licensee may not bring a civil action under this paragraph unless the licensee has first provided notice to the underage person or the underage person's parent, as applicable, of the licensee's intent to bring the action. The notice shall be mailed to the last-known address of the underage person or underage person's parent, as applicable, at least 15 days prior to filing the action and shall include a demand for the relief described in
subd. 1. The department may, by rule, prescribe a form for this notice.
125.07(4)(f)4.
4. A licensee may not bring a civil action under this paragraph if the licensee has been convicted of, or received a citation for or been charged with, a violation of
sub. (1) or
(3) related to the same incident, occurrence, or conduct giving rise to the underage person's violation of
par. (a), unless the licensee is entitled to a defense under
sub. (6). A licensee that asserts a defense under
sub. (6) has the burden of proving the defense by a preponderance of the evidence.
125.07(4)(f)5.
5. A licensee may not bring a civil action under this paragraph unless the licensee or the licensee's employee reports to law enforcement the conduct suspected to be in violation of
par. (a) at or near the time that the conduct occurs or is first discovered.
125.07(6)
(6) Defenses. 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) to
(d). 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:
125.07(6)(a)
(a) That the purchaser falsely represented that he or she had attained the legal drinking age.
125.07(6)(b)
(b) 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.
125.07(6)(c)
(c) 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.
125.07(6)(d)
(d) That the underage person supported the representation under
par. (a) with documentation that he or she had attained the legal drinking age.
125.07(7)
(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:
125.07(7)(a)1.
1. 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.
125.07(7)(a)2.
2. 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.
125.07(7)(b)
(b) 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.
125.07 History
History: 1981 c. 79,
202,
391;
1983 a. 74,
472,
538;
1985 a. 28,
29,
47,
120,
176,
221,
317,
337;
1987 a. 51,
354;
1989 a. 31,
121,
135,
253,
336,
359;
1991 a. 28,
39,
171,
269;
1993 a. 112,
472;
1995 a. 77,
334;
1997 a. 35,
84,
98,
100,
205,
337;
1999 a. 109;
2003 a. 246;
2005 a. 50;
2007 a. 8,
20;
2011 a. 32;
2013 a. 65,
249.
125.07 Annotation
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 (1984).
125.07 Annotation
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 (1985).
125.07 Annotation
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).
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 Wis. 2d 564,
505 N.W.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 Wis. 2d 202,
522 N.W.2d 258 (Ct. App. 1994).
125.07 Annotation
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),
95-1684.
125.07 Annotation
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 650,
563 N.W.2d 891 (1997),
95-1684.
125.07 Annotation
Underage drinkers are not accompanied by a parent for the purposes of sub. (1) (a) merely because the parent and child are on the same premises. Parents who held a party and told their son not to drink where he could be observed by the other guests and who did not know how much their son drank were neither supervising nor otherwise controlling their son when he was drinking and were thus not accompanying him. Mueller v. McMillian Warner Insurance Company,
2005 WI App 210,
287 Wis. 2d 154,
704 N.W.2d 613,
05-0121.
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).
125.07 Annotation
Social Host Liability for Underage Drinking. Hinkston. Wis. Law. June 2008.
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.
