LRB-3509/1
ARG:wlj:pg
2005 - 2006 LEGISLATURE
October 11, 2005 - Introduced by Representatives Ballweg, Berceau, Davis,
Gunderson, Hines, Jeskewitz, Nischke, Owens, Townsend and M. Williams,
cosponsored by Senators Olsen, Darling and Grothman. Referred to
Committee on Urban and Local Affairs.
AB739,1,2
1An Act to create 125.51 (4) (v) 3. of the statutes;
relating to: municipal quotas
2for intoxicating liquor retailers.
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.
This bill creates a third quota exception for any opera house or theater for the
performing arts operated by a nonprofit organization.
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:
AB739, s. 1
1Section
1. 125.51 (4) (v) 3. of the statutes is created to read:
AB739,2,32
125.51
(4) (v) 3. An opera house or theater for the performing arts operated by
3a nonprofit organization, as defined in s. 134.695 (1) (am).
