§ 34-180. Underage persons; prohibitions; penalties.

(a)

Prohibitions. Any underage person who does any of the following is guilty of a violation:

(1)

Procures or attempts to procure alcohol beverages from a licensee or permittee.

(2)

Unless accompanied by a parent, guardian or spouse who has attained the legal drinking age, possesses or consumes alcohol beverages on licensed premises.

(3)

Enters, knowingly attempts to enter or is on licensed premises in violation of section 34-179(a).

(4)

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

(b)

Adult to accompany. Except as provided in subsection (c) of this section, any underage person not accompanied by his parent, guardian or spouse who has attained the legal drinking age who knowingly possesses or consumes a fermented malt beverage is guilty of a violation.

(c)

Exceptions. An underage person may possess alcohol beverages in the course of employment during his working hours if employed by any of the following:

(1)

A brewer.

(2)

A fermented malt beverages wholesaler.

(3)

A permittee other than a Class "B" or "Class B" permittee.

(4)

A facility for the production of alcohol fuel.

(5)

A retail licensee or permittee under the conditions specified in Wis. Stats. § 125.32(2) or 125.68(2) or for delivery of unopened containers to the home or vehicle of a customer.

(6)

A campus, if the underage person is at least 18 years of age and is under the immediate supervision of a person who has attained the legal drinking age.

(d)

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

(1)

For a first violation, a forfeiture as provided in the town penalty schedule, available in the office of the town clerk, suspension of the person's operating privilege as provided under Wis. Stats. § 343.30(6)(b)1, participation in a supervised work program or other community service work under section 34-25, or any combination of these penalties.

(2)

For a violation committed within 12 months of a previous violation, either a forfeiture as provided in the town penalty schedule, available in the office of the town clerk, suspension of the person's operating privilege as provided under Wis. Stats. § 343.30(6)(b)(1), participation in a supervised work program or other community service work under section 34-25, or any combination of these penalties.

(3)

For a violation committed within 12 months of two previous violations, either a forfeiture as provided in the town penalty schedule, available in the office of the town clerk, revocation of the person's operating privilege under Wis. Stats. § 343.30(6)(b)3, participation in a supervised work program or other community service work under section 34-25, or any combination of these penalties.

(4)

For a violation committed within 12 months of three or more previous violations, either a forfeiture as provided in the town penalty schedule, available in the office of the town clerk, revocation of the person's operating privilege under Wis. Stats. § 343.30(6)(b)3, participation in a supervised work program or other community service work under section 34-25, or any combination of these penalties.

(e)

Penalties for subsection (b) of this section violations. Any person violating subsection (b) of this section is subject to the following penalties:

(1)

For a first violation, a forfeiture as provided in the town penalty schedule, available in the office of the town clerk, suspension of the person's operating privilege as provided under Wis. Stats. § 343.30(6)(b)1, participation in a supervised work program or other community service work under section 34-25, or any combination of these penalties.

(2)

For a violation committed within 12 months of a previous violation, either a forfeiture as provided in the town penalty schedule, available in the office of the town clerk, suspension of the person's operating privilege as provided under Wis. Stats. § 343.30(6)(b)2, participation in a supervised work program or other community service work under section 34-25, or any combination of these penalties.

(3)

For a violation committed within 12 months of two previous violations, either a forfeiture as provided in the town penalty schedule, available in the office of the town clerk, revocation of the person's operating privilege under Wis. Stats. § 343.30(6)(b)3, participation in a supervised work program or other community service work under section 34-25, or any combination of these penalties.

(4)

For a violation committed within 12 months of three or more previous violations, either a forfeiture as provided in the town penalty schedule, available in the office of the town clerk, revocation of the person's operating privilege under Wis. Stats. § 343.30(6)(b)3, participation in a supervised work program or other community service work under section 34-25, or any combination of these penalties.

(f)

Multiple violations from an incident. For purposes of subsections (a) or (b) of this section, all violations arising out of the same incident or occurrence shall be counted as a single violation.

(g)

Disclosure of license revocation information. When a court revokes or suspends a person's operating privilege under subsection (d) or (e) of this section, the state 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.

(h)

Applicability of statutory proceedings. A person who is under 18 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).

(i)

Alcohol abuse programs.

(1)

In this subsection, the term "defendant" means a person found guilty of violating subsection (a) or (b) of this section who is 18, 19, or 20 years of age.

(2)

After ordering a penalty under subsection (d) or (e) of this section, the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed. The order under this subsection shall require the defendant to do any of the following:

a.

Submit to an alcohol abuse assessment that conforms to the criteria specified under Wis. Stats. § 938.547(4), and that is conducted by an approved treatment facility. The order shall designate an approved treatment facility to conduct the alcohol abuse assessment and shall specify the date by which the assessment must be completed.

b.

Participate in an outpatient alcohol abuse treatment program at an approved treatment facility, if an alcohol abuse assessment conducted under subsection (i)(2)a of this section recommends treatment.

c.

Participate in a court-approved alcohol abuse education program.

(3)

If the approved treatment facility, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant has submitted to an assessment under subsection (i)(2)a of this section and that the defendant does not need treatment or education, the court shall notify the defendant of whether or not the penalty will be reinstated.

(4)

If the defendant completes the alcohol abuse treatment program or court-approved alcohol abuse education program, the approved treatment facility or court-approved alcohol abuse education program shall, with the written informed consent of the defendant, notify the agency primarily responsible for providing services to the defendant that the defendant has complied with the order and the court shall notify the defendant of whether or not the penalty will be reinstated. If the court had ordered the suspension of the defendant's operating privilege under subsection (d) or (e) of this section, the court may order the secretary of transportation to reinstate the operating privilege of the defendant if he completes the alcohol abuse treatment program or court-approved alcohol abuse education program.

(5)

If an approved treatment facility or court-approved alcohol abuse education program, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant is not participating in the program or that the defendant has not satisfactorily completed a recommended alcohol abuse treatment program or an education program, the court shall hold a hearing to determine whether the penalties under subsection (d) or (e) of this section should be imposed.

(Code 2006, § 11-4-3(a)—(f), (h)—(j))