§ 22-90. 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 alcoholic 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. This subsection does not apply to:

(1)

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.

(2)

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

(3)

Hotels, drug stores, grocery stores, bowling alleys, service stations, vessels, 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 municipality.

(4)

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.

(5)

Ski chalets, golf courses and golf club houses and private tennis clubs.

(6)

Premises operated under both a "Class B" alcoholic beverage or Class "B" fermented malt beverage 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" alcoholic 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 alcoholic beverages, but the presumption may be rebutted by competent evidence.

(7)

An underage person who enters or remains on a "Class B" alcoholic beverage or Class "B" fermented malt beverage premises for the purpose of transacting business at an auction or market, if the person does not enter or remain in a room where alcoholic beverages are sold, furnished or possessed.

(8)

An underage person who enters or remains in a room on "Class B" alcoholic beverage or Class "B" fermented malt beverage licensed premises separate from any room where alcoholic beverages are sold or served for the purpose of engaging in marching or drilling with a group of other persons if no alcoholic 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" alcoholic beverage or Class "B" fermented malt beverage premises under this subsection only if the municipality which issued the "Class B" alcoholic beverage or Class "B" fermented malt beverage 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" alcoholic beverage or Class "B" fermented malt beverage 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.

(9)

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.

(10)

An underage 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 alcoholic 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 a person who has an operator's license shall be on the premises unless all alcoholic beverages are stored in a locked portion of the premises. The licensee shall notify the local lawn enforcement agency, in advance, of the times underage persons will be allowed on the premises under this subsection.

(11)

An underage person who enters or remains in a dance hall attached to Class "B" or "Class B" licensed premises if the dance hall is separate from any room where alcoholic beverages are sold, if there is a separate entrance to the dance hall and if no alcoholic beverages are furnished or consumed by any person in the dance hall where the underage person is present.

(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 1990, § 11-4-3)