2019 - 2020 LEGISLATURE
May 15, 2019 - Introduced by Representatives Knodl, Ballweg, Duchow,
Kitchens, Kurtz, Mursau, Plumer, Rohrkaste, Sanfelippo, Schraa,
Skowronski, Spiros, Steffen, Subeck, Tittl, Zimmerman and Wichgers,
cosponsored by Senators Kapenga, Kooyenga, Nass, Stroebel, Wanggaard
and Smith. Referred to Committee on State Affairs.
AB216,1,3 1An Act to amend 125.17 (1), 125.17 (4) (intro.), 125.17 (5) (b), 125.17 (6) (a)
2(intro.) and 125.17 (6) (b) of the statutes; relating to: issuance by
3municipalities of alcohol beverage operator's licenses.
Analysis by the Legislative Reference Bureau
This bill allows a municipal governing body to delegate authority to issue
operator's licenses (commonly referred to as “bartender's licenses") to a designated
municipal official.
Under current law, a municipal governing body must issue an operator's license
to a qualified applicant. Although a person is not required to hold an operator's
license to provide alcohol beverages on retail licensed premises, a retail licensee may
not be open for business unless the licensee, the designated agent of a corporate
licensee, or a person who possesses an operator's license or manager's license is
present and responsible for the acts of all persons providing alcohol beverages on the
This bill allows the governing body of a municipality, by ordinance, to authorize
a designated municipal official to issue operator's licenses.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB216,1 4Section 1. 125.17 (1) of the statutes is amended to read:
1125.17 (1) Authorization. Every municipal governing body shall issue an
2operator's license to any applicant who is qualified under s. 125.04 (5), except that
3the municipal governing body may by ordinance authorize a designated municipal
4official to issue operator's licenses
. Operators' licenses may not be required other
5than for the purpose of complying with ss. 125.32 (2) and 125.68 (2) or s. 125.06 (3g).
6Operators' licenses may be issued only upon written application.
AB216,2 7Section 2. 125.17 (4) (intro.) of the statutes is amended to read:
AB216,2,108 125.17 (4) Temporary license. (intro.) Any municipal governing body or
9designated municipal official
may issue a temporary operator's license under the
10terms of subs. (1) to (3), except that:
AB216,3 11Section 3. 125.17 (5) (b) of the statutes is amended to read:
AB216,2,1512 125.17 (5) (b) A provisional license may be issued only to a person who has
13applied for an operator's license under sub. (1). A provisional license may not be
14issued to any person who has been denied a license under sub. (1) by the municipal
15governing body or designated municipal official.
AB216,4 16Section 4. 125.17 (6) (a) (intro.) of the statutes is amended to read:
AB216,2,2517 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing
18body or designated municipal official may issue an operator's license unless the
19applicant has successfully completed a responsible beverage server training course
20at any location that is offered by a technical college district and that conforms to
21curriculum guidelines specified by the technical college system board or a
22comparable training course, which may include computer-based training and
23testing, that is approved by the department or the department of safety and
24professional services, or unless the applicant fulfills one of the following
1Section 5. 125.17 (6) (b) of the statutes is amended to read:
AB216,3,62 125.17 (6) (b) A municipal governing body or designated municipal official shall
3issue a provisional operator's license to a person who is enrolled in a training course
4under par. (a) and who meets the standards established by the municipality by
5ordinance, if any. The municipal governing body shall revoke that license if the
6applicant fails successfully to complete the course in which he or she enrolls.
AB216,3,77 (End)