§ 46-32. Sale to underage or intoxicated persons.

(a)

Underage persons; penalties.

(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 person shall violate Wis. Stats. § 125.07(a).

(5)

A person who commits a violation of subsection (a)(1)—(3) of this section is subject to a forfeiture of:

a.

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

b.

Not less than $200.00 nor more than $500.00 if the person has committed a previous violation within 12 months of the violation.

(6)

A violation of (a)(3) of this section shall be punished as provided in Wis. Stats. § 125.07(b).

(7)

In addition to the forfeitures provided in subsection (a)(5) of this section, a court shall suspend any license issued under this chapter to a person violating this subsection for:

a.

Not more than three days, if the court finds that the person committed a violation within 12 months after committing one previous violation;

b.

Not less than three days or more than ten days, if the court finds that the person committed a violation within 12 months after committing two other violations; or

c.

Not less than 15 days or more than 30 days, if the court finds that the person committed the violation within 12 months after committing three other violations.

(b)

Sale of alcohol beverages to intoxicated persons; penalties.

(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.

(3)

Any person who violates this subsection (b) shall be subject to a forfeiture of not less than $100.00 or more than $500.00.

(Code 1994, § 11-4-2)