Lawmakers look to close underage drinking host loophole
MADISON, Wis. (WBAY) - Two Wisconsin lawmakers want to close the "social host" loophole and hold adults responsible for underage drinking parties.
Rep. Andre Jacque and Sen. Van Wanggaard have co-sponsored a bill that will go before the state legislature. They say Wisconsin has the highest national rate of underage drinking.
Current Wisconsin law bans people over 21 from allowing minors to drink on "premises" they control.
However, the word "premises" has been interpreted to mean establishments that have liquor licenses, such as bars. Courts state that the use of "premises" in other state statues usually refers to places with license and permits, not homes or personal property.
Jacque and Van Wanggaard cite the case of Fond du Lac County v. Muche. A court of appeals sided with a Fond du Lac County man accused of violating a county social host ordinance in 2015.
Stuart Muche was cited after holding his son's high school graduation party at his home in Van Dyne. Alcoholic beverages were consumed at the party, but Muche denied that he held an "underage drinking party."
Muche appealed, saying counties cannot enact their own social hosting rules.
The court found that Fond du Lac's social host ordinance did not comply with state law, and ruled that the case against Muche be thrown out.
Jacque and Van Wanggaard's bill would eliminate the "premises" loophole and provide "clear meaning to a statutory provision that has been subject to differing court interpretations and will help deter parents and other adults from hosting underage parties and purchasing or providing alcohol for underage youth," according to the lawmakers.
The bill has support from the Wisconsin Medical Society, the League of Wisconsin Municipalities, the Wisconsin Professional Police Association, the Badger State Sheriffs Association and the Wisconsin Association of Sheriffs and Deputy Sheriffs.