Intentionally carries an official identification card or other documentation showing that the person has attained the legal drinking age, with knowledge that the official identification card or documentation is false.
Any underage person who violates par. (b)
is subject to a forfeiture of not less than $300 nor more than $1,250, suspension of the person's operating privilege under s. 343.30 (6) (bm)
, participation in a supervised work program or other community service work under par. (bh)
or any combination of these penalties.
A supervised work program ordered under par. (bd)
shall be administered by the county department under s. 46.215
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. (bd)
, 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. (bd)
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.
When a court suspends a person's operating privilege under par. (bd)
, the department of transportation may not disclose information concerning or relating to the 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 suspended. A person entitled to receive information under
this paragraph may not disclose the information to any other person or agency.
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)
A law enforcement officer investigating an alleged violation of par. (b)
shall confiscate any official identification card or other documentation that constitutes evidence of the violation.
General restrictions. 125.09(1)(1)
No owner, lessee, or person in charge of a public place may permit the consumption of alcohol beverages on the premises of the public place, unless the person has an appropriate retail license or permit. This subsection does not apply to municipalities, buildings and parks owned by counties, regularly established athletic fields and stadiums, school buildings, campuses of private colleges, as defined in s. 16.99 (3g)
, at the place and time an event sponsored by the private college is being held, churches, premises in a state fair park or clubs. This subsection also does not apply to the consumption of fermented malt beverages on commercial quadricycles except in municipalities that have adopted ordinances under s. 125.10 (5) (a)
(2) Possession of alcohol beverages on school grounds prohibited. 125.09(2)(a)1.
“Motor vehicle" means a motor vehicle owned, rented or consigned to a school.
“School" means a public school, a parochial or private school, or a tribal school, as defined in s. 115.001 (15m)
, which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.
“School administrator" means the person designated by the governing body of a school as ultimately responsible for the ordinary operations of a school.
“School premises" means premises owned, rented or under the control of a school.
Except as provided by par. (c)
no person may possess or consume alcohol beverages:
In a motor vehicle, if a pupil attending the school is in the motor vehicle; or
Alcohol beverages may be possessed or consumed on school premises, in motor vehicles or by participants in school-sponsored activities if specifically permitted in writing by the school administrator consistent with applicable laws, ordinances and school board policies.
A person who violates this subsection is subject to a forfeiture of not more than $200, except that ss. 125.07 (4) (c)
provide the penalties applicable to underage persons.
(3) Place-to-place deliveries.
No person may peddle any alcohol beverage from house to house where the sale and delivery are made concurrently.
(6) Municipal stores.
No municipality may engage in the sale of alcohol beverages, except as authorized under s. 125.26 (6)
. This subsection does not apply to municipal stores in operation on November 6, 1969.
(7) Municipality providing identification scanners.
No municipality may provide, to any retail licensee under this chapter, any device capable of scanning an official identification card, as defined in s. 125.085 (1) (a)
This section does not prohibit the consumption of alcohol beverages by bed and breakfast proprietors, their friends, or their personal guests in areas that are off-limits to the public or to renters. 80 Atty. Gen. 218
Municipal regulation. 125.10(1)(1)
Any municipality may enact regulations incorporating any part of this chapter and may prescribe additional regulations for the sale of alcohol beverages, not in conflict with this chapter. The municipality may prescribe forfeitures or license suspension or revocation for violations of any such regulations. Regulations providing forfeitures or license suspension or revocation must be adopted by ordinance. Any municipality may, by ordinance, regulate contests, competitions, or other events for the exhibition, demonstration, judging, tasting, or sampling of homemade wine or fermented malt beverages.
(2) Regulation of underage persons.
A municipality or a county may enact an ordinance regulating conduct regulated by s. 125.07 (1)
or (4) (a)
, 125.085 (3) (b)
or 125.09 (2)
only if it strictly conforms to the statutory subsection. A county ordinance enacted under this subsection does not apply within any municipality that has enacted or enacts an ordinance under this subsection.
Except as provided in s. 125.68
, this chapter does not affect the power of municipalities to enact or enforce zoning regulations.
(4) Regulation of closed retail premises.
A municipality may not prohibit the permittee, licensee, employees, salespersons, employees of wholesalers issued a permit under s. 125.28 (1)
or 125.54 (1)
; employees of permittees under s. 125.295
with respect to the permittee's own retail premises; or service personnel from being present on premises operated under a Class “A", “Class A" or “Class C" license or under a Class “B" or “Class B" license or permit during hours when the premises are not open for business if those persons are performing job-related activities.
(5) Fermented malt beverages on commercial quadricycles. 125.10(5)(a)(a)
A municipality may, by ordinance, prohibit the consumption of fermented malt beverages by passengers on a commercial quadricycle within the municipality.
Notwithstanding sub. (1)
, an ordinance enacted before January 1, 2014, regulating the possession or consumption of open containers of alcohol beverages in public places may not prohibit the possession or consumption of alcohol beverages by passengers on a commercial quadricycle. An ordinance that is inconsistent with this paragraph may not be enforced.
This chapter contemplates and expressly directs that regulation is to supersede competition in the retail sale of alcohol beverages. The regulatory scheme indicates a legislative intent to make state antitrust law not applicable by authorizing contrary or inconsistent conduct by granting municipalities broad statutory authority to prescribe or orchestrate anticompetitive regulation in the sale and consumption of alcohol if that regulation serves an important public interest. Private parties are eligible for antitrust immunity when they act in concert, in an anticompetitive manner, in direct response to pressure bordering on compulsion from a municipality. Eichenseer v. Madison-Dane County Tavern League, Inc., 2008 WI 38
, 308 Wis. 2d 684
, 748 N.W.2d 154
A town must renew a license, if the proper application is made and the fees are paid, unless it revokes, suspends, or non-renews the license, following the procedures outlined in s. 125.12. This section does not give towns the authority to unilaterally modify the described premises in an individual license upon renewal of that license. A town must either pass a regulation or an ordinance under this section or it must find grounds for revocation or nonrenewal under s. 125.12. Wisconsin Dolls, LLC v. Town of Dell Prairie, 2012 WI 76
, 342 Wis. 2d 350
, 815 N.W.2d 690
Impersonating an officer. 125.105(1)(1)
No person may impersonate an inspector, agent or other employee of the department or of the department of justice.
Whoever violates sub. (1)
with the intent to mislead another may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
Whoever violates sub. (1)
to commit, or abet the commission of, a crime is guilty of a Class H felony.
Any person who violates any provision of this chapter for which a specific penalty is not provided, shall be fined not more than $1,000 or imprisoned for not more than 90 days or both. Any license or permit issued to the person under this chapter may be revoked by the court.
If a person is convicted of a felony under this chapter, in addition to the penalties provided for the felony, the court shall revoke any license or permit issued to the person under this chapter.
Responsibility for commission of a crime. 125.115(1)(1)
A person may be convicted of the commission of a crime under this chapter only if the criteria specified in s. 939.05
This section does not apply to civil forfeiture actions for violation of any provision of this chapter or any local ordinance in conformity with any provision of this chapter.
History: 1985 a. 47
Revocations, suspensions, refusals to issue or renew. 125.12(1)(1)
Revocation, suspension, nonissuance or nonrenewal of license. 125.12(1)(a)
Except as provided in this subsection, any municipality or the department may revoke, suspend or refuse to renew any license or permit under this chapter, as provided in this section.
No violation may be considered under this section or s. 125.04 (5) (a) 1.
unless the licensee or permittee has committed another violation within one year preceding the violation. If a licensee or permittee has committed 2 or more violations within one year, all violations committed within one year of a previous violation may be considered under this section or s. 125.04 (5) (a) 1.
(2) Revocation or suspension of licenses by local authorities. 125.12(2)(ag)(ag)
Any resident of a municipality issuing licenses under this chapter may file a sworn written complaint with the clerk of the municipality alleging one or more of the following about a person holding a license issued under this chapter by the municipality:
The person has violated this chapter or municipal regulations adopted under s. 125.10
The person keeps or maintains a disorderly or riotous, indecent or improper house.
The person has sold or given away alcohol beverages to known habitual drunkards.
The person does not possess the qualifications required under this chapter to hold the license.
The person has been convicted of manufacturing, distributing or delivering a controlled substance or controlled substance analog under s. 961.41 (1)
; of possessing, with intent to manufacture, distribute or deliver, a controlled substance or controlled substance analog under s. 961.41 (1m)
; or of possessing, with intent to manufacture, distribute or deliver, or of manufacturing, distributing or delivering a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state.
The person has been convicted of possessing any of the materials listed in s. 961.65
with intent to manufacture methamphetamine under that subsection or under a federal law or a law of another state that is substantially similar to s. 961.65
The person knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess, with the intent to manufacture, distribute or deliver, or to manufacture, distribute or deliver a controlled substance or controlled substance analog.
The person knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess any of the materials listed in s. 961.65
with the intent to manufacture methamphetamine.
Upon the filing of the complaint, the municipal governing body or a duly authorized committee of a city council shall issue a summons, signed by the clerk and directed to any peace officer in the municipality. The summons shall command the licensee complained of to appear before the municipal governing body or the committee on a day and place named in the summons, not less than 3 days and not more than 10 days from the date of issuance, and show cause why his or her license should not be revoked or suspended. The summons and a copy of the complaint shall be served on the licensee at least 3 days before the time at which the licensee is commanded to appear. Service shall be in the manner provided under ch. 801
for service in civil actions in circuit court.
If the licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true and if the municipal governing body or the committee finds the allegations sufficient, the license shall be revoked. The clerk shall give notice of the revocation to the person whose license is revoked.
If the licensee appears as required by the summons and denies the complaint, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel. The licensee shall be provided a written transcript of the hearing at his or her expense. If the hearing is held before the municipal governing body and the complaint is found to be true, the license shall either be suspended for not less than 10 days nor more than 90 days or revoked, except that, if a complaint under par. (ag) 4.
is found to be true with respect to a license issued under s. 125.51 (4) (v)
, the license shall be revoked.
If the hearing is held before a committee of a city council, the committee shall submit a report to the city council, including findings of fact, conclusions of law and a recommendation as to what action, if any, the city council should take with respect to the license. The committee shall provide the complainant and the licensee with a copy of the report. Either the complainant or the licensee may file an objection to the report and shall have the opportunity to present arguments supporting the objection to the city council. The city council shall determine whether the arguments shall be presented orally or in writing or both. If the city council, after considering the committee's report and any arguments presented by the complainant or the licensee, finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation, the license shall be suspended or revoked as provided under subd. 2.
The municipal clerk shall give notice of each suspension or revocation to the person whose license is suspended or revoked.
If the municipal governing body finds the complaint untrue, the proceeding shall be dismissed without cost to the accused. If the municipal governing body finds the complaint to be malicious and without probable cause, the costs shall be paid by the complainant. The municipal governing body or the committee may require the complainant to provide security for such costs before issuing the summons under par. (ar)
Effect of revocation.
When a license is revoked under this subsection, the revocation shall be recorded by the clerk and no other license issued under this chapter may be granted within 12 months of the date of revocation to the person whose license was revoked. No part of the fee paid for any license so revoked may be refunded.
The action of any municipal governing body in granting or failing to grant, suspending or revoking any license, or the failure of any municipal governing body to revoke or suspend any license for good cause, may be reviewed by the circuit court for the county in which the application for the license was issued, upon application by any applicant, licensee or resident of the municipality. The procedure on review shall be the same as in civil actions instituted in the circuit court. The person desiring review shall file pleadings, which shall be served on the municipal governing body in the manner provided in ch. 801
for service in civil actions and a copy of the pleadings shall be served on the applicant or licensee. The municipal governing body, applicant or licensee shall have 20 days to file an answer to the complaint. Following filing of the answer, the matter shall be deemed at issue and hearing may be had within 5 days, upon due notice served upon the opposing party. The hearing shall be before the court without a jury. Subpoenas for witnesses may be issued and their attendance compelled. The decision of the court shall be filed within 10 days after the hearing and a copy of the decision shall be transmitted to each of the parties. The decision shall be binding unless it is appealed to the court of appeals.
(3) Refusals by local authorities to renew licenses.
A municipality issuing licenses under this chapter may refuse to renew a license for the causes provided in sub. (2) (ag)
. Prior to the time for the renewal of the license, the municipal governing body or a duly authorized committee of a city council shall notify the licensee in writing of the municipality's intention not to renew the license and provide the licensee with an opportunity for a hearing. The notice shall state the reasons for the intended action. The hearing shall be conducted as provided in sub. (2) (b)
and judicial review shall be as provided in sub. (2) (d)
. If the hearing is held before a committee of a city council, the committee shall make a report and recommendation as provided under sub. (2) (b) 3.
and the city council shall follow the procedure specified under that subdivision in making its determination.
(3m) Refusals by local authorities to issue licenses.
If a municipal governing body or duly authorized committee of a city council decides not to issue a new license under this chapter, it shall notify the applicant for the new license of the decision not to issue the license. The notice shall be in writing and state the reasons for the decision.
(4) Suspension or revocation of licenses on complaint of the department. 125.12(4)(ag)(ag)
A duly authorized employee of the department may file a complaint with the clerk of circuit court for the jurisdiction in which the premises of a person holding a license issued under this chapter is situated, alleging one or more of the following about a licensee:
That the licensee keeps or maintains a disorderly or riotous, indecent or improper house.
That the licensee has sold alcohol beverages to known habitual drunkards.
That the licensee has failed to maintain the premises in accordance with the standards of sanitation prescribed by the department of health services.
That the licensee has permitted known criminals or prostitutes to loiter on the licensed premises.