City of Kenosha v. Phillips

HEFFERNAN, CHIEF JUSTICE.

This is an appeal by the City of Kenosha from a judgment of the circuit court for Kenosha county. The judgment dismissed a charge against Dale M. Phillips for the intoxicated operation of his motor vehicle in a parking lot held open to the public for use of their motor vehicles, contrary to a city ordinance adopted in strict conformity with state statutes, secs. 346.61 and 346.63, Stats.

This appeal comes to us by certification of the court of appeals. The issue certified to this court by the court of appeals was stated as follows:

"Is a business establishment’s…