§ 6-118. Underage persons; prohibitions; penalties.

(a)

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.

(b)

Except as provided in subsection (c), any underage person not accompanied by his parent, guardian or spouse who has attained the legal drinking age who knowingly possesses or consumes alcohol beverages is guilty of a violation.

(c)

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 §§ 125.32(2) or 125.68(2), Wis. Stats., 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)

Any person violating subsection (a) is subject to the following penalties:

(1)

For a first violation, a forfeiture of not less than $250.00 nor more than $500.00, suspension of the person's operating privilege as provided under § 343.30(6)(b)1., Wis. Stats., participation in a supervised work program or other community service work under subsection (g) or any combination of these penalties.

(2)

For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $300.00 nor more than $500.00, suspension of the person's operating privilege as provided under § 343.30(6)(b)2., Wis. Stats., participation in a supervised work program or other community service work under subsection (g) or any combination of these penalties.

(3)

For a violation committed within 12 months of two previous violations, either a forfeiture of not less than $500.00 nor more than $750.00, revocation of the person's operating privilege under § 343.30(6)(b)3., Wis. Stats., participation in a supervised work program or other community service work under subsection (g) or any combination of these penalties.

(4)

For a violation committed within 12 months of three or more previous violations, either a forfeiture of not less than $750.00 nor more than $1,000.00, revocation of the person's operating privilege under § 343.30(6)(b)3., Wis. Stats., participation in a supervised work program or other community service work under subsection (g) or any combination of these penalties.

(e)

Any person violating subsection (b) is subject to the following penalties:

(1)

For a first violation, a forfeiture of not less than $100.00 nor more than $200.00, suspension of the person's operating privilege as provided under § 343.30(6)(b)1., Wis. Stats., participation in a supervised work program or other community service work under subsection (g) or any combination of these penalties.

(2)

For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $200.00 nor more than $300.00, suspension of the person's operating privilege as provided under § 343.30(6)(b)2., Wis. Stats., participation in a supervised work program or other community service work under subsection (g) or any combination of these penalties.

(3)

For a violation committed within 12 months of two previous violations, either a forfeiture of not less than $300.00 nor more than $500.00, revocation of the person's operating privilege under § 343.30(6)(b)3., Wis. Stats., participation in a supervised work program or other community service work under subsection (g) or any combination of these penalties.

(4)

For a violation committed within 12 months of three or more previous violations, either a forfeiture of not less than $500.00 nor more than $1,000.00, revocation of the person's operating privilege under § 343.30(6)(b)3., Wis. Stats., participation in a supervised work program or other community service work under subsection (g) or any combination of these penalties.

(f)

For purposes of subsection (d) or (e), all violations arising out of the same incident or occurrence shall be counted as a single violation.

(g)

Supervised work program.

(1)

A supervised work program ordered under subsection (d) or (e) shall be administered by the county department under § 46.215 or 46.22, Wis. Stats., or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed or it may consist of uncompensated community service work. Community service work ordered under subsection (d) or (e), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child to perform community service work under subsection (d) or (e).

(2)

The supervised work program or other community service work shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability, and shall be combined with counseling from a member of the staff of the county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.

(h)

When a court revokes or suspends a person's operating privilege under subsection (d) or (e), the 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.

(i)

A person who is under 18 years of age on the date of disposition is subject to § 938.344, Wis. Stats., unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under § 938.344(3), Wis. Stats.

(j)

Assessment; treatment and education program.

(1)

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

(2)

After ordering a penalty under subsection (d) or (e), 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 § 938.547(4), Wis. Stats., 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 (j)(2)a 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 (j)(2)a 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), 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) should be imposed.

(Code 1983, § 11.27)