§ 24-103. Same—Underage persons presence in places of sale.

(a)

Restrictions.

(1)

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 premises with or for the licensee or his 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.

(2)

Subsection (a)(1) of this section does not apply to:

a.

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

b.

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

c.

Hotels, drugstores, grocery stores, bowling alleys, cars operated by any railroad, regularly established athletic fields, stadiums, or public facilities as defined in Wis. Stats. § 125.51(5)(b)1.d, which are owned by a county or village.

d.

Ski chalets, golf clubhouses and private tennis clubs.

e.

Premises operated under both a Class "B" or "Class B" 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" or "Class B" 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.

f.

An underage person who enters or remains on a Class "B" or "Class B" 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 or furnished.

g.

An underage person who enters or remains in a room on Class "B" "Class B" 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 article. An underage person may enter and remain on Class "B" or "Class B" premises under this subsection only if the village 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 subsection 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 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.

(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)(1) of this section is subject to a forfeiture of not more than $500.00.

(Code 1984, § 9-5-3)

State law reference

Underage persons presence on licensed premises, Wis. Stats. § 125.07.