Assembly Bill 61

Alcohol beverages violations involving underage persons on licensed premises

Became law

The governor signed it on Dec 12, 2013. It's ⁠.

Introduced, passed

Mar 7, 2013
Committee, passed

Approved
Assembly vote, passed

Passed May 14, 2013
Senate vote, passed

Passed Oct 15, 2013
Governor, passed

Signed
Law, here now

2013 Wisconsin Act 65

Latest entry in the official record, Dec 12, 2013: “Published 12-13-2013”

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Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, an alcohol beverages licensee (retailer) may not procure for, sell, or otherwise provide alcohol beverages to a person who has not attained the legal drinking age of 21 and who is not accompanied by his or her parent, guardian, or spouse who is at least age 21 (unaccompanied underage person) or, with various exceptions, permit an unaccompanied underage person to enter or be on a retail licensed premises (retailer underage violation). A retailer has a defense to a retailer underage violation if the retailer shows that: 1) the underage person falsely represented his or her age to be at least 21; 2) the appearance of the underage person was such that an ordinary and prudent person would believe that the underage person was at least 21; 3) the retailer acted in good faith and in reliance on the representation and appearance of the underage person in the belief that the underage person was at least 21; and 4) the underage person supported his or her representation with identification showing his or her age to be at least 21.

Also under current law, an unaccompanied underage person may not: 1) procure or attempt to procure alcohol beverages from a retailer; 2) possess or consume alcohol beverages on licensed retail premises; 3) enter or be on licensed retail premises, subject to various exceptions; or 4) falsely represent his or her age to obtain alcohol beverages from a retailer (underage violation). A person who commits an underage violation is subject to various penalties, including a forfeiture ranging in amount from $250 to $1,000 depending on the number of prior underage violations the person has committed.

Read the full summary

This bill provides retailers with a private right of action against underage persons who commit underage violations. Under the bill, a retailer may bring a civil action against an underage person who commits an underage violation on the retailer's licensed premises if the retailer has not been convicted of or cited for a retailer underage violation related to the same incident giving rise to the underage violation, unless the retailer has a defense to the retailer underage violation. If a retailer brings a civil action against an underage person based on the underage violation and judgment is entered in favor of the retailer, the court must award to the retailer damages in the amount of $1,000, plus costs and reasonable attorney fees.

However, if the underage person is less than 18 years of age and not emancipated, the retailer brings the action against the parent or legal guardian of the underage person instead. The retailer has the burden of proving that the underage person's conduct constituted an underage violation, but the action may be brought regardless of whether the underage person received a citation for, or was convicted of, the underage violation. Before a retailer may bring an action, the retailer must provide notice of its intent to bring an action and the notice must include a demand for the monetary relief that would be available if the action were brought.

The bill also creates an exception allowing an unaccompanied underage person to enter or be on licensed retail premises if the underage person is employed by or assisting a law enforcement agency in enforcing or investigating underage violations or retailer underage violations. The bill also specifies that laws relating to underage violations, and prohibiting an unaccompanied underage person from knowingly possessing or consuming alcohol beverages, do not apply to an underage person employed by or assisting a law enforcement agency in enforcing or investigating underage violations or retailer underage violations.

Who's behind it

16 lawmakers are its ⁠. All 16 are Republicans.

5 more lawmakers ⁠.

See all 21 names

Authors (16)

Tyler August · Republican, Assembly
Garey Bies · Republican, Assembly
Mark Born · Republican, Assembly
Mike Endsley · Republican, Assembly
André Jacque · Republican, Senate
Dean Kaufert · Republican, Assembly
Joel Kleefisch · Republican, Assembly
Dan Knodl · Republican, Assembly
Mike Kuglitsch · Republican, Assembly
Daniel LeMahieu · Republican, Assembly
Kevin Petersen · Republican, Assembly
Keith Ripp · Republican, Assembly
Michael Schraa · Republican, Assembly
John Spiros · Republican, Assembly
Rob Swearingen · Republican, Assembly
Paul Tittl · Republican, Assembly

Signed on in support (5)

Richard Gudex · Republican, Senate
Neal Kedzie · Republican, Senate
Terry Moulton · Republican, Senate
Tod Ohnstad · Democrat, Assembly
Amy Sue Vruwink · Democrat, Assembly

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.