Intoxicating Liquors FAQ 19

Does state or federal law directly prohibit the consumption of alcoholic beverages by a municipal employee or volunteer in a municipal fire station or other municipal building during non-duty or non-volunteer hours?

No. Although certain state and federal laws like the mandatory drug and alcohol-testing laws for persons with CDLs may have an impact on when and where alcoholic beverages should or should not be consumed, they do not directly prohibit such activity. However, a village board and a city council are vested with express "management and control" authority over municipal property. Wis. Stat. secs. 61.34(1) and 62.11(5). This authority clearly includes the power to regulate the types of activities that may be conducted on all municipal property. Therefore, a city or village could regulate or even ban the consumption of alcohol on any municipal property including a fire station or other municipal building.