LRB-0527/1
PEN&RCT:kmg:rs
2001 - 2002 LEGISLATURE
January 12, 2001 - Introduced by Senator Chvala, by request of Rick Horstman..
Referred to Committee on Insurance, Tourism, and Transportation.
SB11,1,2 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
premises.
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 1Section 1. 125.035 (3) of the statutes is amended to read:
SB11,2,62 125.035 (3) Subsection (2) does not apply if the person procuring, selling,
3dispensing, or giving away alcohol beverages causes their consumption by force or
4by 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 7Section 2. 125.68 (8m) of the statutes is created to read:
SB11,2,128 125.68 (8m) Pouring devices required. (a) In this subsection, "pouring device"
9means a measuring device through which intoxicating liquor is dispensed for
10consumption, that when used according to its manufacturer's directions
11automatically dispenses only a specific volume of intoxicating liquor, and that is
12accurate to within 0.0625 fluid ounce or 2 milliliters.
SB11,2,1813 (b) No person holding a "Class B" license or permit may allow any person on
14the premises to sell, dispense, or give away any intoxicating liquor that is not
15dispensed from a pouring device. No person holding a "Class B" license or permit may
16allow on the premises any pouring device that is defective or altered in any manner
17that prevents the pouring device from automatically terminating the dispensing.
18This paragraph does not apply to the sale of wine or of unopened containers.
SB11,3,7
1(c) A person holding a "Class B" license or permit shall prominently display on
2the premises a menu stating the type, volume, and ethyl alcohol concentration of any
3alcohol contained within an alcohol beverage. No person may sell, dispense, or give
4away any alcohol beverage that differs from the menu unless that person first
5informs the person who intends to consume the alcohol beverage of the type, volume,
6and ethyl alcohol concentration of any alcohol contained within the alcohol beverage.
7This paragraph applies only to alcohol beverages that are blended on the premises.
SB11,3,108 (d) No person may dispense on "Class B" premises any intoxicating liquor using
9a pouring device in a manner that prevents the pouring device from automatically
10terminating the dispensing.
SB11,3,1211 (e) This subsection does not apply to samples furnished under s. 125.65 (1) or
12125.70.
SB11,3,1613 (f) For purposes of this paragraph, all violations of this subsection committed
14on the same day shall be counted as one violation. Upon convicting a person of
15violating this subsection, a court may require a violator to forfeit not less than $500
16nor more than $1,000 and shall do one of the following:
SB11,3,1917 1. Suspend for one day any license or permit issued to the violator, if the person
18has not been convicted of a violation of this subsection committed within the previous
1912 months.
SB11,3,2220 2. Suspend for 2 to 7 days any license or permit issued to the violator, if the
21person has been convicted of violating this subsection one time within the previous
2212 months.
SB11,3,2523 3. Suspend for 15 to 30 days any license or permit issued to the violator, if the
24person has been convicted of violating this subsection 2 times within the previous 12
25months.
SB11,4,2
14. Revoke any license or permit issued to the violator, if the person has been
2convicted of violating this subsection 3 or more times within the previous 12 months.
SB11, s. 3 3Section 3. Effective date.
SB11,4,54 (1) This act takes effect on the first day of the 6th month beginning after
5publication.
SB11,4,66 (End)
Loading...
Loading...