Wis. Stat. § 125.09 — WI Code / Chapter 125 / Section 125.09
General restrictions.
Status: in_force

(1) Public place.

(a) No owner, lessee, or person in charge of a public place may permit the consumption of alcohol beverages on the property of the public place, unless the person has an appropriate retail license or permit or a no-sale event venue permit.

(b) For purposes of par. (a) , a public place includes a venue, location, open space, room, or establishment that is any of the following:

1. Accessible and available to the public to rent for an event or social gathering.

2. Held out for rent to the public for an event or social gathering.

3. Made available for rent to a member of the public for an event or social gathering.

(c) For purposes of par. (a) , a public place does not include any of the following:

1. A room in a hotel, motel, or bed and breakfast that is used for overnight accommodations.

2. Vacation rental property, or any other property of temporary lodging, that is used for overnight accommodations if the property is furnished with sufficient beds for all adult guests to sleep.

3. A campsite on a campground licensed under s. 97.67 .

4. A parking lot, driveway, or yard where vehicles may be parked on the same day as a professional or collegiate sporting event or other ticketed event open to the public.

5. Property within a local professional football stadium district created under subch. IV of ch. 229 if the property is used in connection with, and on the same day as, a professional football game, or other ticketed event open to the public, held at the football stadium.

6. Property within a local professional baseball park district created under subch. III of ch. 229 if the property is used in connection with, and on the same day as, a professional baseball game, or other ticketed event open to the public, held at the baseball park.

(d) This subsection does not apply to municipalities, buildings and parks owned by counties, regularly established athletic fields and stadiums, school buildings, campuses of private colleges, as defined in s. 16.99 (3g) , at the place and time an event sponsored by the private college is being held, churches, premises in a state fair park or clubs. This subsection also does not apply to the consumption of fermented malt beverages on commercial quadricycles except in municipalities that have adopted ordinances under s. 125.10 (5) (a) .

(2) Possession of alcohol beverages on school grounds prohibited.

(a) In this subsection:

1. “Motor vehicle” means a motor vehicle owned, rented or consigned to a school.

2. “School” means a public school, a parochial or private school, or a tribal school, as defined in s. 115.001 (15m) , 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.

3. “School administrator” means the person designated by the governing body of a school as ultimately responsible for the ordinary operations of a school.

4. “School premises” means premises owned, rented or under the control of a school.

(b) Except as provided by par. (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.

(c) 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, ordinances and school board policies.

(d) A person who violates this subsection is subject to a forfeiture of not more than $200, except that ss. 125.07 (4) (c) and (d) and 938.344 provide the penalties applicable to underage persons.

(3) Place-to-place deliveries. No person may peddle any alcohol beverage from house to house where the sale and delivery are made concurrently.

(6) Municipal stores. No municipality may engage in the sale of alcohol beverages, except as authorized under s. 125.26 (6) . This subsection does not apply to municipal stores in operation on November 6, 1969.

(7) Municipality providing identification scanners. No municipality may provide, to any retail licensee under this chapter, any device capable of scanning an official identification card, as defined in s. 125.085 (1) (a) and (b) .

(8) Alcohol vapor devices. No person may use or offer for use, possess, or sell or offer for sale in this state an alcohol vapor device.

History: 1981 c. 79 , 158 ; 1983 a. 74 ; 1985 a. 218 ; 1995 a. 77 ; 2009 a. 302 , 395 ; 2013 a. 106 , 215 ; 2023 a. 73 .