§ 16-357. Underage persons' presence in places of sale; penalty.

(a)

Restrictions. An underage person not accompanied by his parent, guardian or spouse who has attained the legal drinking age may not enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued for any purpose except the transaction of business pertaining to the licensed or permitted premises with or for the licensee, permittee or employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises. This subsection does not apply to:

(1)

An underage person who is a resident, employee, lodger or village boarder on the premises controlled by the proprietor, licensee or permittee of which the licensed or permitted premises consists or is a part.

(2)

An underage person who enters or is on a Class "A" or "Class A" licensed premises for the purpose of purchasing items other than alcohol beverages. An underage person so entering the premises may not remain on the premises after the purchase.

(3)

Hotels, drugstores, grocery stores, bowling alleys, billiards centers having on the premises 12 or more billiards tables that are not designed for coin operation and that are eight feet or longer in length, indoor golf simulator facilities, service stations, vessels, cars operated by any railroad, regularly established athletic fields, outdoor volleyball courts that are contiguous to a licensed premises, stadiums or public facilities as defined in Wis. Stats. § 125.51(5)(b)1.d, which are owned by a county or municipality or centers for the visual or performing arts.

(4)

Any privately owned business that exists to provide recreational fishing opportunities to the public for a fee and that is registered under Wis. Stats. § 95.60(3m) if the sale of alcohol beverages accounts for less than 30 percent of the business's gross receipts.

(5)

Premises in the state fair park, concessions authorized on state-owned premises in the state parks and state forests as defined or designated in Wis. Stats. chs. 27 and 28, and parks owned or operated by agricultural societies.

(6)

Ski chalets, golf courses, golf clubhouses, racetracks licensed under Wis. Stats. ch. 562, curling clubs, private soccer clubs and private tennis clubs.

(7)

Premises operated under both a Class "B" fermented malt beverage or "Class B" intoxicating liquor license or permit and a restaurant permit where the principal business conducted is that of a restaurant. If the premises are operated under both a Class "B" alcohol beverage or "Class B" fermented malt beverage license or permit and a restaurant permit, the principal business conducted is presumed to be the sale of alcohol beverages, but the presumption may be rebutted by competent evidence.

(8)

Premises operating under both a "Class C" license and a restaurant permit.

(9)

An underage person who enters or remains on a Class "B" alcohol beverage or "Class B" fermented malt beverage premises for the purpose of transacting business at an auction or market as defined in Wis. Stats. § 125.32(4)(b)1, if the person does not enter or remain in a room where alcohol beverages are sold, furnished or possessed.

(10)

An underage person who enters or remains in a room on Class "B" fermented malt beverage or "Class B" intoxicating liquor licensed premises separate from any room where alcohol beverages are sold or served for the purpose of engaging in marching or drilling with a group of other persons if no alcohol beverages are furnished or consumed by any person in the room where the underage person is present and the presence of underage persons is authorized under this subsection. An underage person may enter and remain on Class "B" fermented malt beverage or "Class B" intoxicating liquor premises under this subsection only if the municipality which issued the Class "B" fermented malt beverage or "Class B" intoxicating liquor license adopts an ordinance permitting underage persons to enter and remain on the premises as provided in this subsection and the law enforcement agency responsible for enforcing the ordinance issues to the Class "B" fermented malt beverage or "Class B" intoxicating liquor licensee a written authorization permitting underage persons to be present under this subsection on the date specified in the authorization. Before issuing the authorization, the law enforcement agency shall make a determination that the presence of underage persons on the licensed premises will not endanger their health, welfare or safety or that of other members of the community. The licensee shall obtain a separate authorization for each date on which underage persons will be present on the premises.

(11)

An underage person who enters or remains in a room on Class "B" or "Class B" licensed premises separate from any room where alcohol beverages are sold or served, if no alcohol beverages are furnished or consumed by any person in the room where the underage person is present and the presence of underage persons is authorized under this subdivision. An underage person may enter and remain on Class "B" or "Class B" premises under this subdivision only if the municipality which issued the Class "B" or "Class B" license adopts an ordinance permitting underage persons to enter and remain on the premises as provided in this subdivision and the law enforcement agency responsible for enforcing the ordinance issues to the Class "B" or "Class B" licensee a written authorization permitting underage persons to be present under this subdivision on the date specified in the authorization. Before issuing the authorization, the law enforcement agency shall make a determination that the presence of underage persons on the licensed premises will not endanger their health, welfare or safety or that of other members of the community. The licensee shall obtain a separate authorization for each date on which underage persons will be present on the premises.

(12)

A person who is at least 18 years of age and who is working under a contract with the licensee, permittee or corporate agent to provide entertainment for customers on the premises.

(13)

An underage person who enters or remains on Class "B" or "Class B" licensed premises on a date specified by the licensee or permittee during times when no alcohol beverages are consumed, sold or given away. During those times, the licensee, the agent named in the license if the licensee is a corporation or limited liability company or a person who has an operator's license shall be on the premises unless all alcohol beverages are stored in a locked portion of the premises. The licensee shall notify the local law enforcement agency, in advance, of the times underage persons will be allowed on the premises under this subsection.

(14)

An underage person who enters or remains in a dance hall or banquet or hospitality room attached to Class "B" or "Class B" licensed premises for the purpose of attending a banquet, reception, dance, or other similar event.

(15)

An underage person who enters and remains on premises for which a temporary Class "B" license is issued under Wis. Stats. § 125.26(6) if the licensee is authorized by the official or governing body that issued the license to permit underage persons to be on the premises under Wis. Stats. § 125.26(6) and if the licensee permits underage persons to be on the premises.

(16)

An underage person who enters or remains in a banquet or hospitality room on brewery premises operated under a Class "B" or "Class B" license for the purpose of attending a brewery tour.

(b)

Penalties. A licensee or permittee who directly or indirectly permits an underage person to enter or be on a licensed premises in violation of subsection (a) of this section is subject to a forfeiture of not more than $500.00.

(Code 1989, § 11-4-3)

State law reference

Underage persons in places of sale, Wis. Stats. § 125.07(3).