servingalcohol.com

In January 2009, a nineteen-year-old woman, working as an agent for the Jefferson County sheriff’s department, entered a tavern alone, sat down at the bar, and, after being approached by a bartender, ordered an alcoholic drink.  The bartender, Jodi Gromowski, did not ask for identification or otherwise ask the agent her age.

After the transaction was complete, Gromowski was issued a citation for violating WIS. STAT. § 125.07(1)(a)1., which states that “[n]o person may … sell … any alcohol beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.”

Gromowski pled not guilty and, at a bench trial, advanced an entrapment defense and a statutory defense under WIS. STAT. § 125.07(6).  The circuit court found that Gromowski violated § 125.07(1)(a) and did not qualify for a defense, and it issued a judgment fining her a total of $249, including costs.  Gromowski appeals, contending that her two defenses were valid.