Winnebago County, WI Public Conduct: Public Alcohol Use (2026)
Key Facts
- Covers
- under-21 public possession/consumption
- Incorporates
- Wis. Stat. § 125.07(4)
- Applies
- countywide, minus cities/opted-out towns
- Citation procedure
- § 778.25(1)
Summary
Winnebago County adopts Wis. Stat. § 125.07(4) by reference, making it illegal for anyone under 21 to possess or consume alcohol beverages in a public place anywhere in the county outside cities, villages, and opted-out towns.
The provisions of Chapter 125, Wisconsin Statutes, hereinafter specified which define and regulate the sale, procurement, dispensing and transfer of alcohol beverages, including provisions relating to the penalty to be imposed or the punishment for violation thereof, are adopted and made a part of this Chapter of the Code by reference. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this Chapter of the Code. Sections of Wisconsin Statutes adopted herein by reference shall have the same number in this Code and may be so cited.
(3) Sections of Chapter 125, Wis Stats, Incorporated by Reference: The following sections of Chapter, 125, Wis Stats, are adopted by reference:
(a) 125.07 (1): Sales of alcohol beverages to minors.
(b) 125.07 (2): Sales of alcohol beverages to intoxicated persons.
(c) 125.07 (3): Minors present in places of sale; penalty.
(d) 125.07 (4): Minors possession of alcohol beverages; consumption in public places; penalties.
(e) 125.07 (5): Requests for emergency assistance.
(f) 125.07 (6): Defense of sellers.
Full Breakdown
Ch. 9 § 9.35 adopts Chapter 125, Wis. Stats., by reference for alcohol sale, procurement, dispensing and transfer; item (3)(d) specifically incorporates § 125.07(4), barring anyone under 21 from possessing or consuming alcohol beverages in a public place. It applies countywide except inside any city or village, or a town that has adopted its own ordinance under § 125.10(2). Citations for this violation follow the § 778.25(1) procedure and the state's Juvenile Drinking Violation Deposit Schedule. This section addresses minors only: there is no separate county open-container rule for adults.
Violations & Fines
Public possession or consumption of alcohol by someone under 21 is cited under Wis. Stat. § 125.07(4) via the § 778.25(1) citation procedure, with the forfeiture matching whatever the comparable state statute permits, including surcharges.
Frequently Asked Questions
Does this ban adults from drinking in public?
Where doesn't it apply?
Sources & Official References
Other rules in Winnebago County
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