LRB-2302/1
ARG:jld:rs
2005 - 2006 LEGISLATURE
June 14, 2005 - Introduced by Representative Sherman, by request of Tim
Landgreen. Referred to Committee on State Affairs.
AB484,1,2
1An Act to amend 125.51 (3) (e) 3.; and
to create 125.51 (4) (v) 3. of the statutes;
2relating to: municipal quotas for Class B intoxicating liquor licenses.
Analysis by the Legislative Reference Bureau
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 sale of intoxicating liquor at retail for consumption on the premises
where sold and is issued for specific premises. Current law imposes a quota on the
number of "Class B" licenses that a municipality may issue. The quota on the number
of "Class B" licenses that a municipality may issue is generally determined by a
formula based on the number of licenses previously issued by the municipality and
the municipality's population. Current law also provides quota exceptions for a
full-service restaurant that has a seating capacity of 300 or more persons and for a
hotel that has 50 or more rooms and has a restaurant or banquet room meeting
certain criteria. The holder of a "Class B" license issued under one of these two quota
exceptions is not entitled to transfer the license to another premises within the
issuing municipality and, if there is a finding of certain alcohol beverage violations
by the licensee, a "Class B" license issued under one of these two quota exceptions
must be revoked, in contrast to other "Class B" licenses for which revocation would
be permissive.
Under current law, each municipality establishes an annual fee, which
generally must be between $50 and $500, for a "Class B" license, except that the fee
for initial issuance of a reserve "Class B" license (generally one first issued after
December 1, 1997) may not be less than $10,000. Current law does not specify a
minimum or maximum initial issuance fee or annual fee for "Class B" licenses issued
under the two quota exceptions.
This bill creates a third quota exception for any full-service restaurant that has
a seating capacity of 75 to 100 persons and that is located on a golf course. A
municipality may not establish an initial issuance fee or an annual fee for a "Class
B" license issued under this exception that exceeds $500.
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:
AB484, s. 1
1Section
1. 125.51 (3) (e) 3. of the statutes is amended to read:
AB484,2,62
125.51
(3) (e) 3. Each municipal governing body shall establish the annual fee
3for a "Class B" license issued under sub. (4) (v)
, except that neither the fee for an
4initial issuance of, nor the annual fee for, a "Class B" license issued under sub. (4) (v)
53. may exceed any fee established under subd. 1. The initial fee may be different from
6the annual fee to renew the license.
AB484, s. 2
7Section
2. 125.51 (4) (v) 3. of the statutes is created to read:
AB484,2,98
125.51
(4) (v) 3. A full-service restaurant that has a seating capacity of 75 to
9100 persons and that is located on a golf course.
