LRB-4193/1
ARG:sac:jf
2013 - 2014 LEGISLATURE
February 25, 2014 - Introduced by Representatives Severson, Bies, Ballweg,
Danou, Murphy, Ohnstad, Petryk, Pridemore and Ringhand, cosponsored by
Senators Harsdorf, Grothman, Vinehout, Gudex and Schultz. Referred to
Committee on State Affairs and Government Operations.
AB815,1,5 1An Act to renumber 125.68 (13); to amend 125.68 (4) (c) 3m., 125.68 (4) (c) 5.
2and 125.68 (13) (title); and to create 125.68 (13) (b) of the statutes; relating
3to:
closing hours for retail sales by wineries and the possession and
4consumption of intoxicating liquor and fermented malt beverages on retail
5premises of wineries.
Analysis by the Legislative Reference Bureau
Under current law, with limited exceptions, no person may sell alcohol
beverages to a consumer unless the seller possesses a license or permit authorizing
the sale. Current law allows a winery to hold a "Class A" retail license or a "Class
B" retail license. A "Class A" license authorizes the retail sale of intoxicating liquor
(wine and distilled spirits) for consumption off the premises in original packages and
containers. A "Class B" license issued to a winery authorizes the retail sale of wine
to be consumed by the glass or in opened containers on the licensed premises and
authorizes the retail sale of wine in the original package or container to be consumed
off the licensed premises. A winery operating under a retail "Class B" license may
not remain open for retail sales of wine between the hours of 9 p.m. and 8 a.m.
This bill changes the closing hour for wineries operating under a retail "Class
B" license from 9 p.m. to midnight and prohibits municipalities from establishing,
by ordinance, more restrictive closing hours for these wineries.
Under current law, with the exception of a winery, a person may not obtain a
"Class B" license authorizing the retail sale of intoxicating liquor unless the person

also holds a Class "B" license authorizing the retail sale of fermented malt beverages
(beer). With exceptions, a person may not possess on Class "B" licensed premises any
alcohol beverages not authorized for sale on the premises. Under one exception, a
Class "B" licensee may allow a person to possess and consume on the licensed
premises beer not purchased from the licensee (often referred to as a "carry-in") if
the licensed premises are located in a public park in the city of Milwaukee. A similar
provision specifies that a "Class B" licensee may allow carry-ins of intoxicating
liquor if the licensed premises are located in a public park in the city of Milwaukee.
Current law also prohibits a retail licensee from purchasing intoxicating liquor or
beer from, or possessing intoxicating liquor or beer purchased from, any person other
than a wholesaler.
This bill specifies that a winery holding a retail "Class B" license may allow
carry-ins of distilled spirits and beer on the winery's retail premises by a person who
has contracted to rent any part of the retail premises (host) for a special event such
as a wedding reception. The winery may possess these carried-in distilled spirits
and beer and only the winery can serve these carried-in distilled spirits and beer to
persons attending the special event. The winery may not charge the host any fee for
being allowed to carry in distilled spirits or beer.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB815,1 1Section 1. 125.68 (4) (c) 3m. of the statutes is amended to read:
AB815,2,42 125.68 (4) (c) 3m. No premises for which a "Class B" license has been issued
3under s. 125.51 (3) (am) may remain open for the sale of intoxicating liquor between
4the hours of 9 p.m. 12 midnight and 8 a.m.
AB815,2 5Section 2. 125.68 (4) (c) 5. of the statutes is amended to read:
AB815,2,76 125.68 (4) (c) 5. A municipality may not, by ordinance, impose different hours
7than those provided under subd. subds. 1. and 3m.
AB815,3 8Section 3. 125.68 (13) (title) of the statutes is amended to read:
AB815,2,109 125.68 (13) (title) Intoxicating liquor and fermented malt beverages not
10purchased on retail premises
in a park.
AB815,4 11Section 4. 125.68 (13) of the statutes is renumbered 125.68 (13) (a).
AB815,5 12Section 5. 125.68 (13) (b) of the statutes is created to read:
AB815,3,3
1125.68 (13) (b) 1. In this paragraph, "host" means a person who has contracted
2with a licensee under s. 125.51 (3) (am) to rent any portion of the licensed premises
3for a special event such as a wedding reception.
AB815,3,84 2. Subject to subd. 3., no provision of this chapter prohibits a licensee under s.
5125.51 (3) (am) from allowing a host to bring onto the licensed premises, or from
6allowing any person attending a special event on the licensed premises to possess
7and consume on the licensed premises, intoxicating liquor other than wine, or
8fermented malt beverages, that was not purchased from the licensee.
AB815,3,159 3. Notwithstanding ss. 125.33 (9) and 125.69 (6) (a), a licensee under s. 125.51
10(3) (am) may possess on the licensed premises intoxicating liquor and fermented malt
11beverages brought onto the licensed premises as provided in subd. 2. This
12intoxicating liquor and fermented malt beverages may be served to persons
13attending the special event only by the licensee. The licensee may not charge the host
14any fee for being allowed to bring intoxicating liquor or fermented malt beverages
15onto the licensed premises.
AB815,3,1616 (End)
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