Section 16.04. RESTRICTIONS ON SALES TO UNDERAGE PERSONS AND INTOXICATED PERSONS: POSSESSION BY UNDERAGE PERSONS: PENALTIES.
(1) Sales of Alcohol Beverages To Underage Persons.
[a] Restrictions.
1. No person may procure for, sell, dispense, or give away any alcohol beverages to any underage person, not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
2. No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with any underage person, not accompanied by his or her parent, guardian, or spouse who has attained the legal drinking age.
[b] Penalties and License Suspension For Sale to Underage Persons.
1. For the purposes of this subsection, violation means a violation of this section or a violation of section 125.07, Wisconsin Statutes.
2. A person who commits a violation is subject to a forfeiture of:
A. Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or
B. Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
3. A court shall suspend any license issued under this chapter to a person for:
A. Not more than 3 days, if the Court finds that the person committed a violation within 12 months after committing one previous violation;
B. Not less than 3 days nor more than 10 days, if the Court finds that the person committed a violation within 12 months after committing two other violations; or
C. Not less than 15 days nor more than 30 days, if the Court finds that the person committed the violation within 12 months after committing three other violations.
4. The Court shall promptly mail notice of a suspension under this paragraph to the Village Clerk.
(2) Underage Persons; Prohibitions; Penalties.
[a] Any underage person who does any of the following is guilty of a violation:
1. Procures or attempts to procure alcohol beverages.
2. Enters or is on licensed premises in violation of Section 125.07(3), Wisconsin Statutes.
3. Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.
[b] 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.
[c] Any person violating par. [a] or [b] is subject to the following penalties:
1. For a first violation, a forfeiture of not less than Two Hundred Fifty ($250.00) Dollars, nor more than Five Hundred ($500.00) Dollars, a suspension of the person’s operating privilege as provided under Section 343.30(6)(b)l, Wisconsin Statutes, participation in a supervised work program under Section 125.07(4)(cg) Wisconsin Statutes, or any combination of these penalties.
2. For a violation committed within twelve (12) months of a previous violation. either a forfeiture of not less than Three Hundred ($300.00) Dollars, nor more than Five Hundred ($500.00) Dollars, suspension of the person’s operating privilege as provided under Section 343.30(6)(b)2. Wisconsin Statutes, participation in a supervised work program under Section 125.07(4)(cg), Wisconsin Statutes, or a combination of these penalties.
3. For a violation committed within twelve (12) months of two (2) or more previous violations, either a forfeiture of Five Hundred ($500.00) Dollars, revocation of the person’s operating privilege under Section 343.30(6)(b)3, Wisconsin Statutes, participation in a supervised work program under Section 125.07(4)(cg), Wisconsin Statutes, or a combination of these penalties.
[d] Notwithstanding the provisions of paragraph [c] of this subsection, disposition in proceedings against a person who is under 18 years of age on the date of disposition shall be as provided by Section 48.344, Wisconsin Statutes.
(3) Sales of Alcohol Beverages to Intoxicated Persons.
[a] Restrictions.
1. No person may procure for, sell, dispense, or give away alcohol beverages to a person who is intoxicated.
2. No licensee or permittee may sell, vend, deal, or traffic in alcohol beverages to or with a person who is intoxicated.
[b] Penalties. Any person who violates par. [a] shall be subject to a forfeiture of not less than $100.00 nor more than $500.00.