125.07 Underage and intoxicated persons; presence on licensed premises; possession; penalties.

799 words·~4 min read·/wi/chapter-125/125-07-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Alcohol beverages; restrictions relating 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.

3. No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on property, including any premises, owned and occupied by the adult or occupied by the adult and under the adult’s control. This subdivision applies at a lodging establishment, as defined in s. 106.52

(d), only if the adult has furnished payment or security for lodging. This subdivision does not apply to alcohol beverages used exclusively as part of a religious service.

4. No adult may intentionally encourage or contribute to a violation of sub.

(a)or

(b).

(b)Penalties.

1. In this paragraph, “violation” means a violation of this subsection or of a local ordinance that strictly conforms to par.

(a)if the violation results in an imposition of a forfeiture or a conviction. For purposes of determining previous violations under subd. 2. , the 30-month period shall be measured from the dates of violations that resulted in an imposition of a forfeiture or a conviction. For the purpose of determining whether or not a previous violation has occurred, if more than one violation occurs at the same time all those violations shall be counted as one violation.

2. A person who commits a violation may be:

a. Required to forfeit not more than $500 if the person has not committed a previous violation within 30 months of the violation.

b. Fined not more than $500 or imprisoned for not more than 30 days or both if the person has committed a previous violation within 30 months of the violation.

c. Fined not more than $1,000 or imprisoned for not more than 90 days or both if the person has committed 2 previous violations within 30 months of the violation.

d. Fined not more than $10,000 or imprisoned for not more than 9 months or both if the person has committed 3 or more previous violations within 30 months of the violation.

3. A court shall suspend any license or permit 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 2 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 3 other violations.

4. The court shall promptly mail notice of a suspension under this paragraph to the division and to the clerk of each municipality which has issued a license or permit to the person.

5. A person who holds a Class “A” license, a Class “B” license or permit, a “Class A” license or a “Class B” license or permit who commits a violation is subject to subd. 3. but is not subject to subd. 2. or s. 125.11 .

a. Notwithstanding subd. 1. , in this subdivision, “violation” means a violation of par.

(a)or of a local ordinance that strictly conforms to par.

(a).

b. Subject to subd. 6. c. , only one penalty may be imposed under this paragraph for each underage person who is provided alcohol beverages contrary to this section or a local ordinance in conformity with this section.

c. If a violation occurs on licensed premises and the violation is detected by means of an undercover underage person employed by or assisting a law enforcement agency, only the individual responsible for providing the alcohol beverages to the underage person may be issued a citation for, or charged with, the violation.

(2)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 fined not less than $100 nor more than $500 or imprisoned for not more than 60 days or both.