2001 - 2002 LEGISLATURE
January 12, 2001 - Introduced by Senator Chvala, by request of Rick Horstman..
Referred to Committee on Insurance, Tourism, and Transportation.
1An Act to amend
125.035 (3); and to create
125.68 (8m) of the statutes; relating
2to: intoxicating-liquor pouring devices and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law requires intoxicating liquor to be served from original containers
of the manufacturer.
This bill requires the use of pouring devices when dispensing intoxicating
liquor for sale. The bill defines "pouring device" as an accurate measuring device
that, when properly used, dispenses only a specific fluid volume. The bill requires
any person holding a "Class B" license or permit (which authorizes the retail sale of
intoxicating liquor for on-premises consumption) to do all of the following:
1. Ensure that pouring devices are used for all alcohol beverages served on the
2. Ensure that all pouring devices on the premises are in good working order.
3. Display on the premises a menu of every intoxicating liquor included in each
alcohol beverage served on the premises. The bill also prohibits any person from
selling or serving an alcohol beverage that differs from the facts shown on the posted
menu, unless that person informs the consumer of the type, volume, and ethyl alcohol
concentration of the alcohol beverage.
The bill also does all of the following:
1. Prohibits any person from misusing a pouring device in a manner that
prevents the pouring device from automatically terminating the dispensing.
2. Specifies that failure to comply with any requirements related to a pouring
device or to a statement of the alcohol content of an alcohol beverage is not considered
causing consumption of alcohol by force or a representation that a beverage contains
no alcohol; and therefore that failure does not waive the "Class B" licensee's or
permitee's immunity from civil liability arising out of the act of selling, dispensing,
or giving away alcohol beverages to another person.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB11, s. 1
125.035 (3) of the statutes is amended to read:
Subsection (2) does not apply if the person procuring, selling, 3
or giving away alcohol beverages causes their consumption by force or 4
by representing that the beverages contain no alcohol. A violation of s. 125.68 (8m)
5is not considered causing consumption by force or a representation that a beverage
6contains no alcohol.
SB11, s. 2
125.68 (8m) of the statutes is created to read:
125.68 (8m) Pouring devices required.
(a) In this subsection, "pouring device" 9
means a measuring device through which intoxicating liquor is dispensed for 10
consumption, that when used according to its manufacturer's directions 11
automatically dispenses only a specific volume of intoxicating liquor, and that is 12
accurate to within 0.0625 fluid ounce or 2 milliliters.
(b) No person holding a "Class B" license or permit may allow any person on 14
the premises to sell, dispense, or give away any intoxicating liquor that is not 15
dispensed from a pouring device. No person holding a "Class B" license or permit may 16
allow on the premises any pouring device that is defective or altered in any manner 17
that prevents the pouring device from automatically terminating the dispensing. 18
This paragraph does not apply to the sale of wine or of unopened containers.
(c) A person holding a "Class B" license or permit shall prominently display on 2
the premises a menu stating the type, volume, and ethyl alcohol concentration of any 3
alcohol contained within an alcohol beverage. No person may sell, dispense, or give 4
away any alcohol beverage that differs from the menu unless that person first 5
informs the person who intends to consume the alcohol beverage of the type, volume, 6
and ethyl alcohol concentration of any alcohol contained within the alcohol beverage. 7
This paragraph applies only to alcohol beverages that are blended on the premises.
(d) No person may dispense on "Class B" premises any intoxicating liquor using 9
a pouring device in a manner that prevents the pouring device from automatically 10
terminating the dispensing.
(e) This subsection does not apply to samples furnished under s. 125.65 (1) or 12
(f) For purposes of this paragraph, all violations of this subsection committed 14
on the same day shall be counted as one violation. Upon convicting a person of 15
violating this subsection, a court may require a violator to forfeit not less than $500 16
nor more than $1,000 and shall do one of the following:
1. Suspend for one day any license or permit issued to the violator, if the person 18
has not been convicted of a violation of this subsection committed within the previous 19
2. Suspend for 2 to 7 days any license or permit issued to the violator, if the 21
person has been convicted of violating this subsection one time within the previous 22
3. Suspend for 15 to 30 days any license or permit issued to the violator, if the 24
person has been convicted of violating this subsection 2 times within the previous 12 25
4. Revoke any license or permit issued to the violator, if the person has been 2
convicted of violating this subsection 3 or more times within the previous 12 months.
This act takes effect on the first day of the 6th month beginning after 5