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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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