§ 9.03. Violations of alcohol beverage laws by underage persons.

(1)

Definitions. For the purposes of this section, the following terms have the following meanings:

(a)

Adult means a person who has obtained the age of 17 years old or older.

(b)

Control means the power to direct, manage, oversee, supervise, organize, conduct, and shall also mean, hosting, allowing or permitted or sponsoring. A person need not be present on the premises to be in control.

(c)

Knowingly permit means there must be evidence or a reasonable inference from evidence that the person knew or should have known that consumption of alcoholic beverages would occur.

(d)

Premises shall have the meaning under 125.02(14m), Wis. Stats., and shall also include all public or private property, regardless of whether said property is described in a license or permit.

(2)

Providing alcohol beverages to underage persons.

(a)

Restrictions.

1.

No person may procure for, sell, dispense or give away 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 license or permittee shall sell, vend, deal or traffic any 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.

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. This subdivision does not apply to alcohol beverages used exclusively as a part of a religious service.

4.

No adult may intentionally encourage or contribute to a violation of par. (1) of this ordinance or § 125.07(4)(a) or (b), Wis. Stats.

(b)

Penalties. Section 125.07(1)(b), Wis. Stats., providing penalties for violations of this subsection is specifically adopted as now written or may be subsequently amended, repealed, created or recreated or renumbered and is incorporated herein by reference.

(3)

Underage persons.

(a)

Restrictions. No person under the legal drinking age shall consume, possess, buy, sell, trade, use as a beverage, give away or otherwise control any intoxicating liquor or fermented malt beverages or loiter upon the premises of any business establishment licensed for the sale of intoxicating liquor or fermented malt beverages in violation of Ch. 125, Wis. Stats., or any amendments or revisions thereto.

(b)

Penalties. Penalties for violation of this section shall be as specified in Ch. 125, Wis. Stats., including any amendments or revision thereto. Section 938.17(2), Wis. Stats., including any revisions and amendments thereto, is hereby adopted by reference.

(O-9-88; O-9-09; O-3-12)