Ordinance #36

Intoxicating Beverages
Underage Persons' Presence in Places of Sale - Crivitz

VILLAGE OF CRIVITZ MARINETTE COUNTY, WISCONSIN

AN ORDINANCE AMENDING THE PROVISIONS OF THE OFFENSES AND NUISANCES CHAPTER VILLAGE OF CRIVITZ CODE OF ORDINANCES RELATING TO THE PRESENCE OF UNDERAGE PERSONS IN PLACES OF SALE OF ALCOHOLIC BEVERAGES.

THE VILLAGE BOARD OF THE VILLAGE OF CRIVITZ, MARINETTE COUNTY, WISCONSIN, DOES HEREBY ORDAIN AS FOLLOWS'

SECTION 1, SECTION AMENDED.

That Section 11-4-3 of the Village of Crivitz Code of Ordinances is, in part, amended to read as follows:

SEC. 11-4-3 UNDERAGE PERSONS PRESENCE IN PLACES OF SALE; PENALTY.

(a) Restrictions-An underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age may not enter or be on any promises for which a license or permit for the retail sale of alcohol beverages has been issued for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his or her employee, The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the promises, This paragraph does not apply to:

(6) Premises operated under both a "Class B" alcoholic beverage or Class "B" fermented malt beverage license or permit and a restaurant permit where the principal business conducted is that of a restaurant. If the premises are operated under both a "Class B" alcoholic beverage or Class W fermented malt beverage license or permit and a restaurant permit, the principal business conducted is presumed to be the sale of alcoholic beverages, but the presumption may be rebuffed by competent evidence. An area established solely for the distribution and consumption of food, whereupon an underage person may enter and remain, shall meet the following criteria:

(i) Shall have a wall separating the tavern area of the business from the food

area of the business, provided the wall is constructed as follows:

a, Permanent construction with conventional building materials;

b. Bottom portion (no less than 4 feet) shall be of solid construction; and

c. Top portion may be of solid or open construction. If open construction, dividers or spindles are required and must be spaced more than 2 inches apart in a manner sufficient to eliminate the possibility of passing alcoholic beverages from the tavern area to the food area.

(ii) A doorway with a width of not more than forty-two (42) inches between the tavern and food portion of the business. The doorway must have an actual door or swinging doors.

(iii) Food service to an unescorted underage person is only allowed until 10:00 p.m. CST.

(iv) The establishment must meet the statutory definition of restaurant, pursuant to Sec- 254.61(5), Wisconsin Statutes.

SECTION 11. EFFECTIVE DATE,

This ordinance shall take effect upon passage and publication as provided by law.