GENERAL REFERENCES
Intoxicating liquor and fermented malt beverages — See Ch. 78.
Minors — See Ch. 101.
§ 154-1. Purpose and findings.
The Village Board of the Village of Holmen intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons civilly responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The Village Board of the Village of Holmen finds:
- Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement.
- Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions.
- Alcohol, which if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user.
- Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present and condone the activity, and in some circumstances, provide the alcohol.
- A deterrent effect will be created by holding a person responsible for hosting an event or gathering where underage possession or consumption occurs.
§ 154-2. Definitions.
For purposes of this chapter, the following terms have the following meanings:
ALCOHOL — Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE — Alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of 1% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
EVENT OR GATHERING — Any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
HOST OR ALLOW — To aid, conduct, entertain, organize supervise, control or permit a gathering or event.
IN CONTROL — The power to direct, manage, oversee and/or restrict the affairs, business or assets of a person or entity.
PARENT — Any person having legal custody of a juvenile:
- As natural, adoptive parent or step-parent;
- As a legal guardian; or
- As a person to whom legal custody has been given by order of the court.
PRESENT — Being at hand or in attendance.
RESIDENCE, PREMISES or PUBLIC OR PRIVATE PROPERTY — Any home, yard, farm, field, land, apartment, condominium, hotel or motel room or other dwelling unit, or a hall or meeting room, park or any other place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented or used with or without permission or compensation.
UNDERAGE PERSON — Any individual under 21 years of age.
§ 154-3. Prohibited acts.
It is unlawful for any person(s) to host or allow an event or gathering at any residence, premises or on any other private or public property where alcohol or alcoholic beverages are present when the person fails to take reasonable steps within that person’s legal authority to prevent possession or consumption by the underage person(s) and the person knows:
- That an underage person will:
(1) Consume any alcohol or alcoholic beverage; or
(2) Possess any alcohol or alcoholic beverage with the intent to consume it; or
- That an underage person is currently:
(1) Consuming any alcohol or alcoholic beverage; or
(2) Is in possession of any alcohol or alcoholic beverage with the intent to consume it.
§ 154-4. Exceptions.
- This chapter does not apply to conduct solely between an underage person and his or her parents while the parent is present and in control of the underage person.
- This chapter does not apply to legally protected religious observances.
- This chapter does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.
§ 154-5. Violations and penalties.
A person who violates any provision of this chapter is subject to a forfeiture of not less than $500 nor more than $5,000, together with the costs of prosecution. A person who is in default of payment is subject to imprisonment in the county jail until the forfeiture and costs are paid.
[1]. Editor’s Note: This ordinance was originally adopted as Ch. 103 but was renumbered to maintain the organization of the Code.
