GNC.4.3.040 Fraud on Hotel or Restaurant Keeper or Transit Operator; Civil Liability
(a) Any person who incurs injury to his or her business or property as a result of a violation of Section GNC.4.3.030 may bring a civil action against any adult or emancipated minor who caused the loss for all of the following:
(1) The retail value of the beverage, food, lodging, accommodation, transportation or service involved in the violation. A person may recover under this paragraph only if he or she exercises due diligence in demanding payment for the beverage, food, lodging, accommodation, transportation or service.
(2) Any property damages not covered under par. (1).
(b) In addition to sub. (a), if the person who incurs the injury prevails, the judgment in the action may grant any of the following:
(1) Punitive damages of not more than 3 times the amount under sub. (a) (1) and (2). No additional proof is required for an award of punitive damages under this paragraph, provided that no person may receive double compensation under both this section and Section GNC.4.3.030.
(2) Reasonable attorney fees for actions commenced under this section.
(c) Notwithstanding sub. (b), the total amount awarded for punitive damages and attorney fees may not exceed $1,000.
(d) At least 20 days prior to commencing an action under this section the plaintiff shall notify the defendant, by mail, of his or her intent to bring the action and of the acts constituting the basis for the violation of Section GNC.4.3.030. The plaintiff shall send the notice by regular mail supported by an affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post office from which the mailing was made. The plaintiff shall mail the notice to the defendant's last-known address or to the address provided on the check or order. If the defendant pays the amount due for the beverage, food, lodging, accommodation, transportation or service prior to the commencement of the action, he or she is not liable under this section.
(e) The plaintiff has the burden of proving by a preponderance of the evidence that a violation occurred under Section GNC.4.3.030. A judgment under Section GNC.4.3.030 is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this section.