2019 - 2020 LEGISLATURE
August 28, 2019 - Introduced by Representatives B. Meyers, Milroy, Ohnstad,
Spreitzer, Anderson and C. Taylor, cosponsored by Senators Bewley and
Kooyenga. Referred to Committee on State Affairs.
AB385,1,2 1An Act to create 125.02 (5m), 125.51 (4) (br) 1. i. and 125.51 (4) (m) of the
2statutes; relating to: retail liquor license quotas.
Analysis by the Legislative Reference Bureau
This bill allows a municipality that has reached its liquor license quota to issue
one additional license if certain conditions exist.
Current law prohibits a person from selling alcohol beverages at retail unless
the seller possesses a license or permit authorizing the sale. A “Class B" license
authorizes the retail sale of intoxicating liquor for consumption on the retail
premises and, subject to restrictions, the retail sale of intoxicating liquor in original
packages for consumption off the retail premises. Current law imposes a quota on
the number of “Class B" licenses that a municipality may issue. This quota is
generally determined by a formula based on the number of licenses previously issued
by the municipality and the municipality's population.
This bill modifies the quota formula to provide a municipality with one
additional “Class B" license if the municipality has already reached its quota and if
no “Class B" licensed establishment in the municipality satisfies current
accessibility standards for public accommodations under the federal Americans with
Disabilities Act (ADA). The additional “Class B" license may be issued only for an
establishment that satisfies ADA public accommodation accessibility standards for
new construction.

For further information see the 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:
AB385,1 1Section 1 . 125.02 (5m) of the statutes is created to read:
AB385,2,42 125.02 (5m) “Federal accessibility standards" means the standards under the
3accessibility guidelines for Title III of the federal Americans With Disabilities Act,
442 USC 12181 to 12189, and regulations adopted under the act, 28 CFR 36.
AB385,2 5Section 2 . 125.51 (4) (br) 1. i. of the statutes is created to read:
AB385,2,126 125.51 (4) (br) 1. i. Add one license if the clerk of the municipality has provided
7notice under par. (m) and, one year after this notice, no establishment operated under
8a “Class B" license in the municipality satisfies federal accessibility standards, if the
9total number of licenses issued by the municipality immediately prior to the notice
10equaled the maximum number of licenses authorized under this subdivision, and if
11the additional license under this subd. 1. i. is issued for an establishment that
12satisfies federal accessibility standards for new construction.
AB385,3 13Section 3 . 125.51 (4) (m) of the statutes is created to read:
AB385,2,1814 125.51 (4) (m) Upon request by a resident of a municipality who knows or has
15reason to believe that none of the “Class B" licensed establishments in the
16municipality satisfy federal accessibility standards, the clerk of the municipality
17shall provide notice to each “Class B" licensee in the municipality of the content of
18par. (br) 1. i.
AB385,4 19Section 4 . Effective date.
1(1) This act takes effect on the first day of the 3rd month beginning after
AB385,3,33 (End)