§ 16-358. Underage persons; prohibitions; penalties.

(a)

Action of underage person guilty of violation of these provisions. Any underage person who does any of the following is guilty of a violation:

(1)

Procures or attempts to procure alcohol beverages.

(2)

Knowingly possesses or consumes alcohol beverages.

(3)

Enters or is on licensed premises in violation of section 16-357(a).

(4)

Falsely represents his age for the purpose of receiving alcohol beverages from a licensee or permittee.

(b)

Penalty. Any person violating subsection (a) of this section is subject to the following penalties:

(1)

For a first violation, a forfeiture of not more than $50.00, suspension of the person's operating privilege as provided under Wis. Stats. § 343.30(6)(b)1, participation in a supervised work program under subsection (d) of this section or any combination of these penalties.

(2)

For a violation committed within 12 months of a previous violation, either a forfeiture of not more than $100.00, suspension of the person's operating privilege as provided under Wis. Stats. § 343.30(6)(b)2, participation in a supervised work program under subsection (d) of this section or any combination o these penalties.

(3)

For a violation committed within 12 months of two or more previous violations, either a forfeiture of not more than $150.00, revocation of the person's operating privilege under Wis. Stats. § 343.30(6)(b)3, participation in a supervised work program under subsection (d) of this section or any combination of these penalties.

(c)

Court-ordered work program.

(1)

If the court orders a person to participate in a supervised work program under subsection (b) of this section, the court shall set standards for the program within the budgetary limits established by the village board. The 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 and shall be administered by the county department of public welfare or a community agency approved by the court.

(2)

The supervised work program 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 an agency staff member or other qualified person. The program 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.

(d)

Revokes or suspends operating privileges. When a court revokes or suspends a person's operating privilege under subsection (b) of this section, the department of transportation may not disclose information concerning or relating to the revocation or suspension to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency or the person whose operating privilege is revoked or suspended. A person entitled to receive information under this subsection may not disclose the information to any other person or agency.

(e)

Age. A person who is under 17 years of age on the date of disposition is subject to Wis. Stats. § 938.344, unless proceedings have been instituted against the person in a court of civil or criminal justice after dismissal of the citation under Wis. Stats. § 938.344(3).

(f)

Possessing fermented malt beverages. Subsections (a) and (b) of this section do not prohibit an underage person employed by a licensee or permittee from possessing fermented malt beverages during the brewing process or for sale or delivery to customers.

(g)

Possessing alcohol beverages. Subsections (a) and (b) of this section do not prohibit an underage person employed by a brewery, a winery or a facility for the rectifying or manufacture of intoxicating liquor or the production of fuel alcohol from possessing alcohol beverages during regular working hours and in the course of employment.

(Code 1989, § 11-4-4)

State law reference

Prohibitions regarding underage persons, Wis. Stats. § 125.07(4).