§ 34-181. Defense of sellers.

(a)

Defenses. In determining whether or not a licensee or permittee has violated section 34-177(a) or 34-179(a), all relevant circumstances surrounding the presence of the underage person or the procuring, selling, dispensing or giving away of alcohol beverages may be considered, including any circumstances listed below. In addition, proof of all of the following facts by a seller of alcohol beverages to an underage person is a defense to any prosecution for a violation of this section:

(1)

That the purchaser falsely represented that he had attained the legal drinking age.

(2)

That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the legal drinking age.

(3)

That the sale was made in good faith and in reliance on the written representation and appearance of the purchaser in the belief that the purchaser had attained the legal drinking age.

(4)

That the underage person supported the representation under subsection (a)(1) of this section with documentation that he had attained the legal drinking age.

(b)

Book kept by licensees and permittees.

(1)

Every retail alcohol beverage licensee or permittee may keep a book for the purposes of subsection (a) of this section. The licensee or permittee or his employee may require any of the following persons to sign the book:

a.

A person who has shown documentary proof that he has attained the legal drinking age if the person's age is in question.

b.

A person who alleges that he is the underage person's parent, guardian or spouse and that he has attained the legal drinking age, if the licensee or permittee or his employee suspects that he is not the underage person's parent, guardian or spouse or that he has not attained the legal drinking age.

(2)

The book may show the date of the purchase of the alcohol beverage, the identification used in making the purchase or the identification used to establish that a person is an underage person's parent, guardian or spouse and has attained the legal drinking age, the address of the purchaser and the purchaser's signature.

(Code 2006, § 11-4-4)

State law reference

Defenses, Wis. Stats. § 125.07.