LRB-1619/1
ARG:cjs:rs
2011 - 2012 LEGISLATURE
May 5, 2011 - Introduced by Representatives D. Cullen and Ziegelbauer,
cosponsored by Senator Taylor. Referred to Committee on Transportation.
AB120,1,5 1An Act to amend 125.09 (1) and 346.95 (1); and to create 125.02 (4m), 125.10
2(5), 340.01 (8m), 346.94 (23) and 349.18 (1) (d) of the statutes; relating to: the
3possession and consumption of alcohol beverages by drivers and passengers on
4commercial quadricycles, municipal authority to regulate the operation of
5commercial quadricycles, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, an owner or other person in charge of a public place may not
permit the consumption of alcohol beverages at that place unless a retail alcohol
beverages license has been issued for the place. There are various exceptions to this
prohibition, including for county parks, athletic fields and stadiums, school
buildings, and churches. This bill adds an exception for commercial quadricycles, as
defined below.
Also under current law, municipalities may impose regulations related to
alcohol beverages that are not in conflict with state law. This bill specifies that no
such regulation may prohibit the possession or consumption of alcohol beverages by
passengers on a commercial quadricycle. However, a municipality may, by
ordinance, restrict or prohibit the operation of commercial quadricycles on roadways
under the municipality's jurisdiction.
The bill prohibits the driver of a commercial quadricycle from consuming
alcohol while the commercial quadricycle is occupied by passengers and from driving
a commercial quadricycle with an alcohol concentration of more than 0.0. A driver

that violates either of these prohibitions may be required to forfeit not less than $20
nor more than $40 for the first offense and not less than $50 nor more than $100 for
the second or subsequent conviction within a year.
The bill defines a "commercial quadricycle" as a vehicle with fully operative
pedals for propulsion entirely by human power, that has four wheels and is operated
in a manner similar to a bicycle, that is equipped with at least 12 seats for
passengers, that is designed to be occupied by a driver and by passengers providing
pedal power to the drive train of the vehicle, and that is used for commercial
purposes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB120, s. 1 1Section 1. 125.02 (4m) of the statutes is created to read:
AB120,2,32 125.02 (4m) "Commercial quadricycle" has the meaning given in s. 340.01
3(8m).
AB120, s. 2 4Section 2. 125.09 (1) of the statutes is amended to read:
AB120,2,125 125.09 (1) Public place. No owner, lessee, or person in charge of a public place
6may permit the consumption of alcohol beverages on the premises of the public place,
7unless the person has an appropriate retail license or permit. This subsection does
8not apply to municipalities, buildings and parks owned by counties, regularly
9established athletic fields and stadiums, commercial quadricycles, school buildings,
10campuses of private colleges, as defined in s. 16.99 (3g), at the place and time an event
11sponsored by the private college is being held, churches, premises in a state fair park
12or clubs.
AB120, s. 3 13Section 3. 125.10 (5) of the statutes is created to read:
AB120,3,214 125.10 (5) Regulation of alcohol beverages on commercial quadricycles.
15Notwithstanding sub. (1), no municipality may enact regulations prohibiting the
16possession or consumption of alcohol beverages by passengers on a commercial
17quadricycle. This subsection does not prohibit a municipality from enacting

1regulations under s. 349.18 (1) (d) restricting or prohibiting the operation of
2commercial quadricycles.
AB120, s. 4 3Section 4. 340.01 (8m) of the statutes is created to read:
AB120,3,84 340.01 (8m) "Commercial quadricycle" means a vehicle with fully operative
5pedals for propulsion entirely by human power, that has 4 wheels and is operated in
6a manner similar to a bicycle, that is equipped with at least 12 seats for passengers,
7that is designed to be occupied by a driver and by passengers providing pedal power
8to the drive train of the vehicle, and that is used for commercial purposes.
AB120, s. 5 9Section 5. 346.94 (23) of the statutes is created to read:
AB120,3,1210 346.94 (23) Commercial quadricycle drivers. (a) No driver of a commercial
11quadricycle may consume alcohol while the commercial quadricycle is occupied by
12passengers.
AB120,3,1413 (b) No person may drive a commercial quadricycle while the person has an
14alcohol concentration of more than 0.0.
AB120, s. 6 15Section 6. 346.95 (1) of the statutes is amended to read:
AB120,3,1916 346.95 (1) Any person violating s. 346.87, 346.88, 346.89 (2), 346.90 to 346.92
17or 346.94 (1), (9), (10), (11), (12) or, (15), or (23) may be required to forfeit not less than
18$20 nor more than $40 for the first offense and not less than $50 nor more than $100
19for the 2nd or subsequent conviction within a year.
AB120, s. 7 20Section 7. 349.18 (1) (d) of the statutes is created to read:
AB120,3,2221 349.18 (1) (d) Restrict or prohibit the operation of commercial quadricycles on
22any roadway under the jurisdiction of the city, village, or town.
AB120, s. 8 23Section 8. Effective date.
AB120,4,2
1(1) This act takes effect on the first day of the 4th month beginning after
2publication.
AB120,4,33 (End)
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