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)(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)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 AnnotationA 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 AnnotationA host who negligently furnished alcohol to an underage guest was negligent per se and liable for injuries to a third party arising out of the guest’s intoxication. Koback v. Crook, 123 Wis. 2d 259, 366 N.W.2d 857 (1985).

125.07 AnnotationSub. (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 AnnotationThe 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 Mutual Insurance Co., 178 Wis. 2d 564, 505 N.W.2d 143 (Ct. App. 1993).

125.07 AnnotationSub. (6) provides two lines of defense: the defendant can produce any factors believed relevant including those listed in sub. (6) (a) to (d) or can produce evidence meeting all four elements of sub. (6) (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 AnnotationIn 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 AnnotationAn 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 AnnotationUnderage 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 Co., 2005 WI App 210, 287 Wis. 2d 154, 704 N.W.2d 613, 05-0121.

125.07 AnnotationAffirmed on other grounds. 2006 WI 54, 290 Wis. 2d 571, 714 N.W.2d 183, 05-0121.

125.07 AnnotationA county’s social host ordinance did not strictly comply with this section because it applied to the host’s residence. Under sub. (1) (a) 3.: “No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the adult or under the adult’s control.” “Premises” is defined under s. 125.02 (14m) as “the area described in a license or permit.” The definition limits sub. (1) (a) 3. to areas described in a license or permit—not a private residence. There is no textual basis to depart from basic statutory construction: the defined term must be given effect. County of Fond du Lac v. Muche, 2016 WI App 84, 372 Wis. 2d 403, 888 N.W.2d 12, 15-2223.

125.07 AnnotationThe exemption for “bowling centers” under sub. (3) (a) 3. includes all areas within a bowling center. Nothing in the plain language of the statute supports the city’s argument that the exemption excludes any portion of a bowling center that is dedicated primarily to the sale or consumption of alcohol. City of Stoughton v. Olson, 2020 WI App 69, 394 Wis. 2d 325, 950 N.W.2d 852, 19-1872.

125.07 AnnotationLiquor Liability and Blame-Shifting Defenses: Do They Mix? Kelly. 69 MLR 217 (1986).

125.07 AnnotationImposition 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 AnnotationSocial Host Liability for Underage Drinking. Hinkston. Wis. Law. June 2008.

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)(b)(b) The underage person dies or suffers great bodily harm, as defined in s. 939.22 (14), as a result of consuming the alcohol beverages provided in violation of s. 125.07 (1) (a) 1. or 2.

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: