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2001 - 2002 LEGISLATURE
March 20, 2001 - Introduced by Representatives Pettis, Friske, Krawczyk, Plouff,
Colon, Lassa, Albers, Seratti, Gronemus, M. Lehman, Musser, Powers,
Ainsworth, Rhoades, Townsend, Sykora, Ryba, Owens, McCormick, F. Lasee
and Ott, cosponsored by Senators M. Meyer, Welch and Harsdorf. Referred
to Committee on State Affairs.
AB235,1,3
1An Act to renumber and amend 125.17 (2);
to amend 125.17 (4) (intro.); and
2to create 125.17 (2) (b) of the statutes;
relating to: reciprocity within a county
3for alcohol beverages operators' licenses.
Analysis by the Legislative Reference Bureau
Current law requires cities, villages, and towns (municipalities) to issue
operators' licenses (commonly called bartenders' licenses). An operator's license is
valid only in the municipality that issued the license. No retail seller of alcohol
beverages may be open for business unless the licensee or permittee, or a person who
possesses a manager's license or an operator's license, is present and responsible for
the acts of all persons serving alcohol beverages.
This bill generally requires a municipality to accept an operator's license issued
by another municipality located in the same county, if the person to whom the
operator's license is issued files a certified copy of the operator's license with the
municipality and pays the applicable license fee. A municipality is not required to
accept a person's operator's license issued by another municipality if the person
made a false representation to the issuing municipality in obtaining the operator's
license; does not meet the qualifications for an operator's license; or engaged in
certain prohibited conduct. A municipality that does not accept the validity of a
person's operator's license issued by another municipality must notify the person in
writing of the reasons for the decision. This bill does not require a municipality to
accept the validity of a temporary or provisional operator's license issued by another
municipality.
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:
AB235, s. 1
1Section
1. 125.17 (2) of the statutes is renumbered 125.17 (2) (a) and amended
2to read:
AB235,2,43
125.17
(2) (a)
Operators' Except as provided in par. (b) and ss. 125.32 (2) and
4125.68 (2), operators' licenses are valid only within the issuing municipality.
AB235, s. 2
5Section
2. 125.17 (2) (b) of the statutes is created to read:
AB235,2,126
125.17
(2) (b) 1. A person issued an operator's license under sub. (1) may file
7a certified copy of the operator's license with any other municipality located in the
8same county as the issuing municipality. Upon filing and payment of the fee under
9sub. (3), the operator's license is valid in the municipality in which the operator's
10license is filed for the period established by that municipality under sub. (3), or for
11the period established by the issuing municipality under sub. (3) for the operator's
12license at the time it was issued, whichever is shorter.
AB235,2,2013
2. Notwithstanding subd. 1., an operator's license is not valid in a municipality
14that did not issue the operator's license if the municipality determines that the
15person to whom the operator's license is issued made a false representation to the
16issuing municipality in obtaining the operator's license, is not qualified under s.
17125.04 (5), or engaged in any of the prohibited conduct set forth in s. 125.12 (2) (ag).
18A municipality that determines that a person's operator's license issued by another
19municipality is not valid shall notify the person in writing of the reasons why the
20operator's license is not valid.
AB235, s. 3
21Section
3. 125.17 (4) (intro.) of the statutes is amended to read:
AB235,3,3
1125.17
(4) Temporary license. (intro.) Any municipal governing body may
2issue a temporary operator's license under the terms of subs. (1)
to, (2) (a), and (3),
3except that:
