2001 - 2002 LEGISLATURE
February 12, 2002 - Introduced by Representatives Underheim, Owens, Townsend,
Lassa, Grothman, Hines, McCormick
and Turner, cosponsored by Senators
Roessler and Kanavas. Referred to Committee on State Affairs.
AB797,1,3 1An Act to amend 125.09 (1), 125.26 (6) and 125.51 (10); and to create 125.02
2(3r) and 125.32 (3m) (h) of the statutes; relating to: temporary alcohol
3beverage licenses for caterers.
Analysis by the Legislative Reference Bureau
Current law authorizes any municipality to issue temporary Class "B" and
"Class B" licenses to certain clubs, fair associations, agricultural societies, churches,
veterans organizations, lodges, and other societies, that authorize the retail sale of,
respectively, fermented malt beverages (beer) and wine at fairs, meetings, picnics,
and similar gatherings hosted by the organizations. A municipality may not issue
to one of these organizations more than two temporary "Class B" licenses in any
12-month period.
This bill authorizes any municipality to issue temporary Class "B" and "Class
B" licenses to caterers authorizing the sale of, respectively, beer and intoxicating
liquor (including wine) at a particular gathering, meeting, or event catered by the
caterer. Caterers are not subject to a limit on the number of temporary "Class B"
licenses that may be issued to the caterer in any 12-month period. Under the bill,
a caterer is defined as any person who holds a restaurant permit issued by the
department of health and family services or a local health department and who is in
the business of preparing food and transporting it for consumption on premises
where gatherings, meetings, or events are held, if the sale of food at each gathering,
meeting, or event accounts for greater than 50% of the gross receipts of all of the food
and beverages served at the gathering, meeting, or event.

Also under current law, with certain exceptions, no owner, lessee, or person in
charge of a public place may allow the consumption of alcohol beverages on the
premises unless the owner, lessee, or person in charge holds the appropriate license
or permit. Under this bill, the owner, lessee, or person in charge of the premises
where a catered event is held may allow the consumption on the premises, during the
event, of beer and intoxicating liquor provided by a caterer holding the appropriate
temporary license.
Current law also prohibits, with certain exceptions, the issuance of a Class "B"
license or permit for any premises where another business is conducted. This bill
allows beer to be served by a caterer holding a temporary license at a catered event
on premises where other business is conducted.
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:
AB797, s. 1 1Section 1. 125.02 (3r) of the statutes is created to read:
AB797,2,62 125.02 (3r) "Caterer" means any person holding a restaurant permit under s.
3254.64 who is in the business of preparing food and transporting it for consumption
4on premises where gatherings, meetings, or events are held, if the sale of food at each
5gathering, meeting, or event accounts for greater than 50% of the gross receipts of
6all of the food and beverages served at the gathering, meeting, or event.
AB797, s. 2 7Section 2. 125.09 (1) of the statutes is amended to read:
AB797,2,148 125.09 (1) Public place. No owner, lessee, or person in charge of a public place
9may permit the consumption of alcohol beverages on the premises of the public place,
10unless the person has an appropriate retail license or permit. This subsection does
11not apply to municipalities, buildings, and parks owned by counties, regularly
12established athletic fields and stadiums, school buildings, churches, premises in a
13state fair park or, clubs, or premises on which a catered event is held under a
14temporary license issued to a caterer under s. 125.26 (6), during the catered event
.
AB797, s. 3 15Section 3. 125.26 (6) of the statutes is amended to read:
AB797,3,20
1125.26 (6) Temporary Class "B" licenses may be issued to bona fide clubs, to
2county or local fair associations or agricultural societies, to churches, lodges, or
3societies that have been in existence for at least 6 months before the date of
4application, to caterers, and to posts of veterans' organizations authorizing the sale
5of fermented malt beverages at a particular picnic or similar gathering, at a meeting
6of the post, at a particular gathering, meeting, or event catered by the caterer, or
7during a fair conducted by the fair association or agricultural society. The amount
8of the fee for the license shall be determined by the municipal governing body issuing
9the license but may not exceed $10. An official or body authorized by a municipal
10governing body to issue temporary Class "B" licenses may, upon issuance of any
11temporary Class "B" license, authorize the licensee to permit underage persons to be
12on the premises for which the license is issued. A license issued to a county or district
13fair licenses the entire fairgrounds where the fair is being conducted and all persons
14engaging in retail sales of fermented malt beverages from leased stands on the
15fairgrounds. The county or district fair to which the license is issued may lease
16stands on the fairgrounds to persons who may engage in retail sales of fermented
17malt beverages from the stands while the fair is being held. A municipal governing
18body may issue a temporary Class "B" license for premises that are covered by a
19"Class B" permit issued under s. 125.51 (5) (b) 2. if the applicant meets the
20requirements of this subsection.
AB797, s. 4 21Section 4. 125.32 (3m) (h) of the statutes is created to read:
AB797,3,2322 125.32 (3m) (h) Premises on which a catered event is held under a temporary
23license issued to a caterer under s. 125.26 (6).
AB797, s. 5 24Section 5. 125.51 (10) of the statutes is amended to read:
AB797,4,22
1125.51 (10) Temporary licenses. Notwithstanding s. 125.68 (3), temporary
2"Class B" licenses may be issued to bona fide clubs, to county or local fair associations
3or agricultural societies, to churches, lodges, or societies that have been in existence
4for at least 6 months before the date of application, and to posts of veterans'
5organizations authorizing the sale of wine in an original package, container, or bottle
6or by the glass if the wine is dispensed directly from an original package, container,
7or bottle at a particular picnic or similar gathering, at a meeting of the post, or during
8a fair conducted by the fair association or agricultural society. Notwithstanding s.
9125.68 (3), temporary "Class B" licenses may be issued to caterers authorizing the
10sale of intoxicating liquor in an original package, container, or bottle or by the glass
11if the intoxicating liquor is dispensed directly from an original package, container,
12or bottle at a particular gathering, meeting, or event catered by the caterer.
The
13amount of the fee for the license shall be $10, except that no fee may be charged to
14a person who at the same time applies for a temporary Class "B" license under s.
15125.26 (6) for the same event. A license issued to a county or district fair licenses the
16entire fairgrounds where the fair is being conducted and all persons engaging in
17retail sales of wine from leased stands on the fairgrounds. The county or district fair
18to which the license is issued may lease stands on the fairgrounds to persons who
19may engage in retail sales of wine from the stands while the fair is being held. Not
20more than 2 licenses may be issued under this subsection to any club, county or local
21fair association, agricultural association, church, lodge, society or veterans' post in
22any 12-month period.
AB797, s. 6 23Section 6. Effective date.
AB797,5,2
1(1) This act takes effect on the first day of the 3rd month beginning after
2publication.
AB797,5,33 (End)
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