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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111684
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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violation 125.68 (4)c) Violation of closing hours.......Wisconsin

Customer Question

violation 125.68 (4)c) Violation of closing hours.......Wisconsin I rec a citation for this. who is allowed in the bar after hours and are they allowed to give a breathlizer in your own bar.
Submitted: 3 years ago.
Category: Legal
Expert:  Legalease replied 3 years ago.

Hello there

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Can I ask you the following questions:

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WHo was in the bar after hours and who was given a breathalyzer test? The owner or employees? Or patrons?

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MARY

Customer: replied 3 years ago.


The owner and employee. Also are they allowed to enter your bar after closing if there was no complaint and you are locked. This is two different times.

Customer: replied 3 years ago.
Relist: I still need help.
Customer: replied 3 years ago.

The owner and employee. Also are they allowed to enter your bar after closing if there was no complaint and you are locked. This is two different times.

Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. It seems your previous expert had to step away. I am a different contributor and I look forward to working with you to provide you the information you are seeking.

In order to charge you with a violation of 125.68(4)(c), they have to prove you were actually open. Open would mean under WI law, serving alcohol to anyone in the bar. Open would not mean employees in the bar cleaning up the premises or the owner in the bar cleaning up or conducting normal closing activities. The officers can ask for a breath sample to prove whether or not people in the closed establishment were consuming alcohol, but it really does not prove much since the alcohol could have been consumed while the bar was open.

 


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