LRB-2261/1
ARG:kmg:rs
2001 - 2002 LEGISLATURE
March 26, 2001 - Introduced by Representatives Hubler, Schneider, M. Lehman,
Urban, Kreuser, Powers and Vrakas, cosponsored by Senators Jauch and
Burke. Referred to Committee on State Affairs.
AB249,1,3
1An Act to amend 125.51 (4) (b) (intro.); and
to create 125.51 (4) (c) and (d) of
2the statutes;
relating to: the effect of annexation or detachment of territory on
3a municipality's quota of "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 is increased
based on population increases; one new license is authorized for each 500 population
increase.
This bill modifies the number of "Class B" licenses that a municipality may
issue based on annexation or detachment of territory containing premises covered
by an existing "Class B" license. If a municipality that has reached its quota annexes
territory containing premises for which a "Class B" license is issued, the annexing
municipality's quota is increased by the number of "Class B" licenses issued for
premises in the annexed territory. (The population gained by annexation is also
counted as a population increase for purposes of increasing the annexing
municipality's quota.) Conversely, the quota of a municipality from which territory
has been detached is reduced by the number of "Class B" licenses issued for premises
in the detached territory, unless the reduction would leave the municipality with less
than one "Class B" license per 500 population or with less than one "Class B" license.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB249, s. 1
1Section
1. 125.51 (4) (b) (intro.) of the statutes is amended to read:
AB249,2,32
125.51
(4) (b) (intro.)
The Except as provided in pars. (c) and (d), the quota of
3each municipality is the sum of the following:
AB249, s. 2
4Section
2. 125.51 (4) (c) and (d) of the statutes are created to read:
AB249,2,95
125.51
(4) (c) If territory containing premises covered by a license or reserve
6"Class B" license is annexed to a municipality and if the municipality's quota would
7not otherwise allow a license or reserve "Class B" license for the premises, the quota
8is increased to include the license or reserve "Class B" license of each premises in the
9annexed territory.
AB249,2,1410
(d) Detachment of territory decreases the quota of the remainder of the
11municipality by the number of licenses or reserve "Class B" licenses issued for
12premises in the detached territory, except that detachment does not decrease the
13quota of the remainder to less than one license per 500 persons or less than one
14license.
AB249,2,1716
(1) This act first applies to territory annexed or detached on the effective date
17of this subsection.
