§ 16-356. Sale to underage or intoxicated persons restricted.

(a)

Sales of alcohol beverages to underage persons.

(1)

No person may procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by his 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 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 subsection 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 subsection (a)(1) or (2) of this section.

(b)

Penalties for violation of subsection (a) of this section. A person who commits a violation of subsection (a) of this section is subject to a forfeiture of:

(1)

Not more than $500.00 if the person has not committed a previous violation within 30 months of the violation; or

(2)

Not more than $500.00 or imprisoned for not more than 30 days or both if the person has committed a previous violation within 30 months of the violation.

(3)

In addition to the forfeitures provided in subsections (b)(1) and (2) of this section, a court shall suspend any license issued under chapter 4 to a person violating this section pursuant to Wis. Stats. § 125.07(1)(b)3.

(c)

Sale of alcohol beverages to intoxicated persons.

(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.

(d)

Penalties for violation of subsection (c) of this section. Any person who violates subsection (c) of this section shall be subject to a forfeiture of not less than $100.00 nor more than $500.00 or imprisoned for not more than 60 days or both.

(Code 1989, § 11-4-2)

State law reference

Underage and intoxicated persons, Wis. Stats. § 125.07.