City of Madison, Wisconsin | Legislative Information Center
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File #: 27263    Version: 1 Name: Underage lodging
Type: Ordinance Status: Passed
File created: 7/31/2012 In control: ALCOHOL LICENSE REVIEW COMMITTEE
On agenda: 10/2/2012 Final action: 10/2/2012
Enactment date: 10/11/2012 Enactment #: ORD-12-00124
Title: Creating Section 38.045 and amending Section 1.08(3)(a) of the Madison General Ordinances to prohibit underage alcohol consumption and/or illegal use of a controlled substance at a lodging establishment and to establish a bail amount for this section.
Sponsors: Bridget R. Maniaci, Joseph R. Clausius
Attachments: 1. 27263Registrant.pdf
Fiscal Note
There may be a minimal increase in General Fund Revenues from forfeitures.
Title
Creating Section 38.045 and amending Section 1.08(3)(a) of the Madison General Ordinances to prohibit underage alcohol consumption and/or illegal use of a controlled substance at a lodging establishment and to establish a bail amount for this section.
Body
DRAFTER'S ANALYSIS: This ordinance creates a violation and establishes a penalty for anyone that rents a room in a lodging establishment and then permits the consumption of alcohol by an individual that is underage or permits the illegal use of a controlled substance or controlled substance analog in the rented room.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Section 38.045 entitled “Underage Alcohol Consumption at Lodging Establishments” of the Madison General Ordinances is created to read as follows:
“38.045 UNDERAGE ALCOHOL CONSUMPTION AND ILLEGAL USE OF A CONTROLLED SUBSTANCE AT LODGING ESTABLISHMENTS.
(1) Definitions.
"Controlled substance" has the meaning given in Wis. Stat. § 961.01(4).
"Controlled substance analog" has the meaning given in Wis. Stat. § 961.01(4m).
"Lodging establishment" has the meaning given in Wis. Stat. § 106.52(1)(d).
(2) Any person who procures lodging in a lodging establishment and permits or fails to take action to prevent any of the following activities from occurring in the lodging establishment is subject to the penalties provided in sub. (4):
(a) Consumption of an alcohol beverage by any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
(b) Illegal use of a controlled substance or controlled substance analog.
(3) An owner or employee of a lodging establishment may deny lodging to an adult if the owner or employee reasonably believes that consumption of an alcohol beverage by an underage p...

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