§ 22-89. Sale to underage or intoxicated persons restricted.

(a)

Sales of alcoholic beverages to underage persons. The following provisions apply to the sale of alcoholic beverages to underage persons.

(1)

No person may procure for, sell, dispense or give away any fermented malt beverages to any underage person not accompanied by his parent, guardian or spouse who has attained the legal drinking age.

(2)

No license or permittee may sell, vend, deal or traffic in fermented malt 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 alcoholic beverages by an underage person on premises owned by the adult or under the adult's control. This subsection does not apply to alcoholic beverages used exclusively as part of a religious service.

(b)

Penalties. 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 12 months of the violation; or

(2)

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

(c)

Sale of alcoholic beverages to intoxicated persons. No person may procure for, sell, dispense or give away alcoholic beverages to a person who is intoxicated. No licensee or permittee may sell, vend, deal or traffic in alcoholic beverages to or with a person who is intoxicated.

(d)

Penalties. 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 1990, § 11-4-2)

State law reference

Similar provision, Wis. Stats. § 125.07.