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Underage drinking is an issue faced by all municipalities. The problems range from boisterous teenagers to deadly drivers. While there are laws to prevent minors from purchasing alcohol and drinking in public, many municipalities do not restrict the activities of minors on private premises. We offer free samples of ordinances that punish the minors, as well as ordinances that hold the adults accountable. There is legislation to prohibit underage persons from consuming or possessing any alcoholic beverage in a private residence or upon any private property, as well as legislation to prohibit adults from knowingly permitting or failing to take action to prevent illegal consumption of alcoholic beverages by an underage person on premises owned by the person or under the person's control. Another ordinance requires that any person who rents any private premises to underage persons take reasonable steps to prevent consumption by minors. Exceptions include consumption in connection with a religious ceremony and consumption in the presence of and with the permission of a parent or guardian. An interesting penalty against the minor is the suspension or postponement of driving privileges.

If your municipality is interested in looking at these methods to curb underage drinking, please read on...

Manawa, C. WI: Ch. 86, Art. I Oceanport, B. NJ: Ch. 22, Art. I Seaside Heights, B. NJ: Ch. 17, Art. IX South Orange Village, Twp. NJ: Ch. 43, Art. II Verona, Twp. NJ: #&167 54-19 Order On-Line!

Manawa, C. WI

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[HISTORY: Adopted by the Common Council of the City of Manawa: Art. I, 10-18-1993 as Title 11, Ch. 5 of the 1989 Code of Ordinances; Art. II, 10-18-1993 as Sec. 7-3-1 of the 1989 Code of Ordinances. Amendments noted where applicable.]

Fermented malt beverages and intoxicating liquor -- See Ch. 147.
Minors -- See Ch. 201.
Peace and good order -- See Ch. 232.

§ 86-1. Outside consumption.

1. Definitions. As used in this section, the following terms shall have the meanings indicated:

ALCOHOLIC BEVERAGE -- Shall include all ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, as well as all liquors and liquids made by the alcoholic fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated or degerminated grains or sugar, which contain 1/2 of 1% or more of alcohol by volume and which are fit for use for beverage purposes.

PUBLIC AREA -- Shall be construed to mean any location within the city which is open to access to persons not requiring specific permission of the owner to be at such location, including all parking lots serving commercial establishments.

2. Alcoholic beverages in public areas.

(1) Regulations. It shall be unlawful for any person to sell, serve or give away or offer to sell, serve or give away any alcoholic beverage upon any public street, sidewalk, alley, public parking lot, highway, cemetery or drive or other public area within the city or on private property without the owner's consent, except at licensed premises. It shall be unlawful for any person to consume or have in his or her possession any open container containing alcohol beverage upon any public street, public sidewalk, public way, public alley or public parking lot within the city, except at licensed premises.

(2) Parks. It shall be unlawful for any person to drink or have in his or her possession any alcohol beverage in any city park between the hours of 11:00 p.m. and 6:00 a.m., except at licensed premises, except that no alcoholic beverages are permitted in Lindsay Park when there are school-sponsored activities.

(3) Private property held out for public use. It shall be unlawful for any person to consume any alcohol beverages upon any private property held open for public use within the city, unless the property is specifically named as being part of a licensed premises.

(4) Leaving licensed premises with open container.

(a) It shall be unlawful for any licensee, permittee or operator to permit any patron to leave the licensed premises with an open container containing any alcohol beverage.

(b) It shall be unlawful for any patron to leave a licensed premises with an open container containing any alcohol beverage.

(c) It shall be unlawful for any patron to remove an original, unopened package, container or bottle containing any alcohol beverage from a Class "A" licensed premises between the hours of 9:00 p.m. and 6:00 a.m.

(5) Picnic beer permits for parks.

(a) It shall be unlawful for any group of persons to use a park shelter house and consume any alcohol beverages in any park areas without first obtaining a picnic beer permit from the city. The picnic beer permit shall be issued by the Clerk-Treasurer, with a copy of the permit sent to the Chief of Police.

(b) Applicants for special Class "B" permits shall fully comply with the requirements of Chapter 147, § 147-16.

(c) The sale of fermented malt beverages from remote sites, that is, other than the main point-of-sale facility, shall be prohibited after the hour of 9:00 p.m.

(6) Exceptions.

(a) The provisions of this section may be waived by the Common Council for duly authorized events.

(b) Any organization which has been issued a special Class "B" fermented malt beverage picnic license pursuant to this Code is excepted, provided that the provisions of this article and Chapter 147 are fully complied with.

§ 86-2. Definitions.

UNDERAGE PERSON -- Any person under the legal drinking age as defined by the Wisconsin statutes.

§ 86-3. Sale to underage or intoxicated persons.

1. Sales of alcohol beverages to underage persons.

(1) No person may procure for, sell, dispense or give away any fermented malt beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age or procure for, sell, dispense or give away any intoxicating liquor to any underage person.

(2) No licensee or permittee may sell, vend, deal or traffic in fermented malt beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age or sell, vend, deal or traffic in intoxicating liquor to or with any underage person.

2. Penalties.

(1) A person who commits a violation of Subsection A above is subject to a forfeiture of:

(a) Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or

(b) Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.

(2) In addition to the forfeitures provided in Subsection B(1)(a) and (b) above, the Common Council shall suspend any license issued under the following chapters or articles of this Code to a person violating this section, pursuant to W.S.A. s. 125.07(1)(b)3: Article II, Pharmacists' Permits, of this chapter; Chapter 90, Amusement Arcades; Chapter 94, Animals; Chapter 114, Cigarettes; Chapter 131, Public Entertainment; Chapter 147, Fermented Malt Beverages and Intoxicating Liquor; Chapter 155, Fireworks; Chapter 184, Licenses and Permits; Chapter 192, Massage Establishments; Chapter 197, Nonmetallic Mining; Chapter 206, Mobile Homes; Chapter 254, Sales; and Chapter 273, Streets and Sidewalks, Article III, Street Use Permits.

3. Sale of alcohol beverages to intoxicated persons.

(1) No person may procure for, sell, dispense or give away alcohol beverages to a person who is intoxicated.

(2) No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated.

4. Penalties. Any person who violates Subsection C above shall be subject to a forfeiture of not less than $100 nor more than $500 or imprisoned for not more than 60 days, or both.
(State law reference: W.S.A. s. 125.07)

§ 86-4. Underage persons in places of sale.

1. 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 premises 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 premises. This subsection does not apply to the persons and businesses enumerated in W.S.A. s. 125.07(3)(A).
2. Penalties. A licensee or permittee who directly or indirectly permits an underage person to enter or be on a licensed premises in violation of Subsection A is subject to a forfeiture of not more than $500.

§ 86-5. Prohibited acts by underage persons.

1. Any underage person who does any of the following is guilty of a violation:

(1) Procures or attempts to procure alcohol beverages.

(2) Knowingly possesses or consumes intoxicating liquor.

(3) Enters or is on licensed premises in violation of § 86-4A.

(4) Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.

(5) Intentionally carries an official identification card not legally issued to him or her, an official identification card obtained under false pretenses or an official identification card which has been altered or duplicated to convey false information. A law enforcement officer shall confiscate any card that violates this subsection.

(6) Makes, alters or duplicates an official identification card.

(7) Presents false information to an issuing officer in applying for an official identification card.

(8) Intentionally carries an identification card or other documentation showing that the person has attained the legal drinking age, with knowledge that the documentation is false.

(9) Provides to another underage person an official identification card or other documentation purporting to show that the other underage person has attained the legal drinking age, with knowledge that the documentation is false.

2. Any underage person not accompanied by his or her parent, guardian or spouse who has attainted the legal drinking age who knowingly possesses or consumes fermented malt beverage is guilty of a violation.
3. Any person violating Subsection A or B is subject to the following penalties:

(1) For a first violation, a forfeiture of not more than $50, suspension of the person's operating privilege as provided under W.S.A. s. 343.30(6)(b)1, participation in a supervised work program under Subsection D or any combination of these penalties.

(2) For a violation committed within 12 months of a previous violation, either a forfeiture of not more than $100, suspension of the person's operating privilege as provided under W.S.A. s. 343.30(6)(b)2, participation in a supervised work program under Subsection D or any combination of these penalties.

(3) For a violation committed within 12 months of two or more previous violations, either a forfeiture of not more than $150, revocation of the person's operating privilege under W.S.A. s. 343.30(6)(b)3, participation in a supervised work program under Subsection D or any combination of these penalties.

4. Supervised work program.

(1) If the court orders a person to participate in a supervised work program under this subsection, the court shall set standards for the program within the budgetary limits established by the Common Council. The 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 and shall be administered by the County Department of Public Welfare or a community agency approved by the court.

(2) The supervised work program 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 an agency staff member or other qualified person. The program 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.

5. When a court revokes or suspends a person's operating privilege under Subsection C, 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 E may not disclose the information to any other person or agency.
6. A person who is under 18 years of age on the date of disposition is subject to W.S.A. s. 48.344, unless proceedings have been instituted against the person in a court of civil or criminal justice after dismissal of the citation under W.S.A. s. 48.344(3).
7. Subsections A and B do not prohibit an underage person employed by a licensee or permittee from possessing fermented malt beverages during the brewing process or for sale or delivery to customers.
8. Subsections A and B do not prohibit an underage person employed by a brewery, a winery or a facility for the rectifying or manufacture of intoxicating liquor or the production of fuel alcohol from possessing alcohol beverages during regular working hours and in the course of employment.

§ 86-6. Defense of sellers.

1. Defenses. Proof 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 article:

(1) That the purchaser falsely represented, in writing and supported with other documentary proof, that he or she 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.

2. Book kept by licensees and permittees. Every retail alcohol beverage licensee or permittee shall cause a book to be kept for the purpose of this section. The licensee or permittee or his or her employee shall require any person who has shown documentary proof that he or she has attained the legal drinking age to sign the book if the person's age is in question. The book shall show the date of the purchase of the alcohol beverages, the identification used in making the purchase, the address of the purchaser and the purchaser's signature.
[State law reference: W.S.A. s. 125.07(6) and (7)]

§ 86-7. False or altered identification cards.

1. Any person who has attained the legal drinking age, other than one authorized by W.S.A. s. 125.08 or 343.50, who makes, alters or duplicates an official identification card, who provides an official identification card to an underage person or who knowingly provides other documentation to any underage person purporting to show that the underage person has attained the legal drinking age may be subject to a forfeiture of not less than $50 nor more than $500 upon conviction.
2. Any person who has attained the legal drinking age who, in applying for an identification card, presents false information to the issuing officer may be fined not less than $50 nor more than $100 or imprisoned not more than 10 days, or both

§ 86-8. Possession on school grounds.

1. As used in this section, the following terms shall have the meanings indicated:

MOTOR VEHICLE -- A motor vehicle owned, rented or consigned to a school.

SCHOOL -- A public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an "elementary school," "middle school," "junior high school," "senior high school" or "high school."

SCHOOL ADMINISTRATOR -- The person designated by the governing body of a school as ultimately responsible for the ordinary operations of a school.

SCHOOL PREMISES -- Premises owned, rented or under the control of a school.

2. Except as provided by Subsection C, no person may possess or consume alcohol beverages:

(1) On school premises;

(2) In a motor vehicle, if a pupil attending the school is in the motor vehicle; or

(3) While participating in a school-sponsored activity.

3. Alcohol beverages may be possessed or consumed on school premises, in motor vehicles or by participants in school-sponsored activities if specifically permitted, in writing, by the school administrator consistent with applicable laws and ordinances.
4. A person who violates this section is subject to a forfeiture of not more than $200, except that W.S.A. s. 48.344 and § 86-5C and D of this chapter provide the penalties applicable to underage persons.

§ 86-9. Adult permitting or encouraging underage violation.

1. No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the person or under the person's control. This subsection does not apply to alcohol beverages used exclusively as part of a religious service.
2. No adult may intentionally encourage or contribute to a violation of § 86-5A or B.
3. A person who violates this section is subject to a forfeiture of not more than $200.
[State law reference: W.S.A. s. 125.07(1)(a)3 and 4]

§ 86-10. Solicitation of drinks.

[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport as indicated in article histories. Amendments noted where applicable.]

Drugs -- See Ch. 33.
Peace and good order -- See Ch. 45.
Sanitary Code -- See Ch. 76.

§ 22-1. In public or private places; definitions. [Amended 10-17-1991 by Ord. No. 619; 9-7-2000 by Ord. No. 736]

1. Nothing contained in this ordinance shall prohibit an underage person from consuming or possessing an alcoholic beverage on private property in connection with a religious observance, ceremony or rite, or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
2. As used in this ordinance, the following terms shall have the meanings indicated:

GUARDIAN -- A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.

RELATIVE -- The underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.

§ 22-2. In vehicles.

§ 22-3. Violations and penalties; suspension or postponement of driving privileges. [Amended 9-7-2000 by Ord. No. 736]

1. Any person violating any of the provisions of this Article I shall, upon conviction for a first offense, be punished by a fine of $250 and shall, upon conviction for any subsequent offense, be punished by a fine of $350.

2. In addition to the fine authorized herein, the court may suspend or postpone for six months the driving privilege of any defendant convicted of violating the provisions of this Article I and may take such other action regarding the driving privileges of such defendant as shall be provided in N.J.S.A. 40:48-1, as amended.

§ 22-4. Severability.

§ 22-5. When effective.

§ 17-37. Consumption of alcoholic beverages by underage person on private property prohibited.

§ 17-38. Violations and penalties.

1. Any person found guilty of violating the terms of this article shall be subject to a fine of $250 for a first offense and a fine of $350 for any subsequent offense. In addition, the court may, upon a finding of guilty, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privileges of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years. If the defendant at the time of the imposition of the sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
2. The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. The defendant shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of the written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
3. If the person convicted under this article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The court shall not collect the license of a nonresident convicted under this article. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

§ 17-39. Exceptions.

1. This article shall not prohibit an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
2. This article shall not prohibit the possession of alcoholic beverages by any underaged person while actually engaged in the performance of employment by a person who was licensed under Title 33 of the revised statutes or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post-secondary educational institution; however, this article shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81 or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.

§ 17-40. Definitions.

GUARDIAN -- A person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment. RELATIVE -- The underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.

§ 43-14. Definitions.

ALCOHOLIC BEVERAGES -- Includes both liquor and malt or brewed beverages.

MINOR -- A person under the age of 21 years.

PRIVATE PREMISES -- Any noncommercial premises used for either residential or recreational purposes.

§ 43-15. Restrictions; exceptions. [Amended 10-28-1985 by Ord. No. 85-32; 7-28-1992 by Ord. No. 92-33]

1. It shall be unlawful for any person or corporation to furnish, serve or permit the furnishing or serving in any private premises or dwelling unit in the Township of South Orange Village of any alcoholic beverage to a minor. This restriction does not apply to the furnishing or service of alcoholic beverages to a minor by an adult who is related to the minor by blood, marriage or adoption, provided that the relation is as close or closer than first cousins.
2. A person or corporation who or which rents any private premises or dwelling unit to persons who are under the age of 21 years shall be required to take all reasonable steps to prevent the furnishing or serving of alcoholic beverages by such persons to others or the use of alcoholic beverages by the tenants themselves during the period of said tenancy. A person or corporation who or which rents such private premises or dwelling unit to such person and who or which fails to take such reasonable steps shall be deemed for purposes of this section of the Code to be the person who furnished, served or allowed the furnishing and serving of alcoholic beverages to any minor who shall use or serve alcoholic beverages in said premises.

§ 43-16. Violations and penalties. [Amended 2-22-1999 by Ord. No. 99-2]

§ 54-19. Possession and consumption by minors on private premises. [Added 5-7-1984 by Ord. No. 9-84]

1. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT -- A person 21 years of age or older.

ALCOHOLIC BEVERAGES -- Includes wine, liquor and malt or brewed beverages.

MINOR -- A person under the age of 21 years.

PRIVATE PREMISES -- Any noncommercial premises used for either residential or recreational purposes.

2. Restrictions; exceptions.

(1) It shall be unlawful for any person to furnish or serve any alcoholic beverage to a minor in any private premises in the Township of the Borough of Verona or to knowingly permit a minor to possess or consume any alcoholic beverage in any private premises in the Township of the Borough of Verona.

(2) This restriction shall not apply to an adult who furnishes or serves alcoholic beverages to a minor or permits a minor to possess or consume alcoholic beverages where such adult is related to the minor by blood, marriage or adoption, provided that the relationship is as close or closer than first cousins.

3. Any person convicted of a violation of this section (§ 54-19) shall be subject to a fine of not less than $200 nor more than $500 or imprisonment for a term not to exceed 90 days, or both, in the discretion of the court.

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