LRB-2715/1
ARG:kjf:jf
2005 - 2006 LEGISLATURE
October 21, 2005 - Introduced by Senators Harsdorf and Grothman, cosponsored
by Representatives Townsend, Hines and Ballweg. Referred to Committee on
Veterans, Homeland Security, Military Affairs, Small Business and
Government Reform.
SB399,1,8
1An Act to renumber and amend 125.51 (8);
to amend 125.04 (3) (g) (intro.),
2125.04 (5) (a) 5., 125.06 (13) (a), 125.07 (1) (b) 5., 125.07 (3) (a) 2., 125.10 (4),
3125.17 (6) (a) 2., 125.185 (2) and (4), 125.51 (1) (a), 125.53 (1), 125.65 (1), 125.66
4(4), 125.68 (2), 125.68 (2m) (a), 125.68 (3) (intro.), 125.68 (4) (b), 125.68 (8) (a)
53., 125.69 (1) (a), 125.69 (1) (c) 3. and 125.69 (6) (c); and
to create 125.05 (1) (a)
64m. and 125.51 (3s) of the statutes;
relating to: creating a new license issued
7by municipalities authorizing the retail sale of wine in unopened original
8containers for consumption off the premises where sold.
Analysis by the Legislative Reference Bureau
Under current law, alcohol beverages are generally distributed to consumers
under a three-tier distribution system: a manufacturer may sell only to a wholesaler
or rectifier (a person who blends, refines, or purifies distilled spirits or wines); a
wholesaler or rectifier may sell only to a wholesaler or retailer; and a retailer may
sell only to a consumer. With specific exceptions, no person may sell outside the
three-tier system and no person may sell alcohol beverages to a consumer unless the
seller possesses a license or permit authorizing the sale. A "Class A" license
authorizes the retail sale of intoxicating liquor, including wine, for consumption off
the licensed premises. A "Class B" license authorizes the retail sale of intoxicating
liquor for consumption on or off the licensed premises, which authorization is subject
to certain limitations, some of which depend on whether the issuing municipality has
adopted an ordinance related to "Class B" licenses. A "Class C" license authorizes
the retail sale of wine by the glass or in an opened original container for consumption
on the licensed premises and may only be issued for a restaurant. Each of these
licenses is issued by a municipality.
This bill creates a "Class D" license authorizing the retail sale of wine in
unopened original bottles or other unopened original containers for consumption off
the licensed premises. The license is issued by municipalities and the annual fee for
the license is determined by each issuing municipality, but may not exceed $100. The
restrictions and requirements governing "Class A" licenses under current law also
apply to "Class D" licenses.
For further information see the state and 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:
SB399, s. 1
1Section
1. 125.04 (3) (g) (intro.) of the statutes is amended to read:
SB399,2,52
125.04
(3) (g)
Publication of application for license. (intro.) The municipal
3clerk shall publish each application for a Class "A", Class "B", "Class A", "Class B"
4or, "Class C"
, or "Class D" license, except licenses under ss. 125.26 (6) and 125.51 (10),
5prior to its issuance in a newspaper according to the following conditions:
SB399, s. 2
6Section
2. 125.04 (5) (a) 5. of the statutes is amended to read:
SB399,3,27
125.04
(5) (a) 5. Have successfully completed within the 2 years prior to the
8date of application a responsible beverage server training course at any location that
9is offered by a technical college district and that conforms to curriculum guidelines
10specified by the technical college system board or a comparable training course that
11is approved by the department or the educational approval board. This subdivision
12does not apply to an applicant who held, or who was an agent appointed and approved
13under sub. (6) of a corporation or limited liability company that held, within the past
12 years, a Class "A", "Class A"
or
, "Class C"
, or "Class D" license or a Class "B" or
2"Class B" license or permit or a manager's or operator's license.
SB399, s. 3
3Section
3. 125.05 (1) (a) 4m. of the statutes is created to read:
SB399,3,64
125.05
(1) (a) 4m. "Shall `Class D' licenses (stores, etc.) be issued for the retail
5sale of wine in unopened original containers to be consumed away from the premises
6where sold?"
SB399, s. 4
7Section
4. 125.06 (13) (a) of the statutes is amended to read:
SB399,3,168
125.06
(13) (a) The provision of wine taste samples of not more than 3 fluid
9ounces each, free of charge, by a "Class A"
or "Class D" licensee to customers and
10visitors for consumption on the premises. No "Class A"
or "Class D" licensee may
11provide more than 2 taste samples per day to any one person. This subsection applies
12only between the hours of 10 a.m. and 6 p.m. Notwithstanding s. 125.07 (1) (a) 1.,
13no "Class A"
or "Class D" licensee may provide taste samples under this subsection
14to any underage person. No "Class A"
or "Class D" licensee may provide as taste
15samples under this subsection wine that the "Class A"
or "Class D" licensee did not
16purchase from a wholesaler.
SB399, s. 5
17Section
5. 125.07 (1) (b) 5. of the statutes is amended to read:
SB399,3,2018
125.07
(1) (b) 5. A person who holds a Class "A" license, a Class "B" license or
19permit, a "Class A" license
, a "Class D" license, or a "Class B" license or permit who
20commits a violation is subject to subd. 3. but is not subject to subd. 2. or s. 125.11.
SB399, s. 6
21Section
6. 125.07 (3) (a) 2. of the statutes is amended to read:
SB399,3,2522
125.07
(3) (a) 2. An underage person who enters or is on a Class "A"
or, "Class
23A"
, or "Class D" premises for the purpose of purchasing items other than alcohol
24beverages. An underage person so entering the premises may not remain on the
25premises after the purchase.
SB399, s. 7
1Section
7. 125.10 (4) of the statutes is amended to read:
SB399,4,72
125.10
(4) Regulation of closed retail premises. A municipality may not
3prohibit the permittee, licensee, employees, salespersons, employees of wholesalers
4licensed under s. 125.28 (1) or 125.54 (1) or service personnel from being present on
5premises operated under a Class "A", "Class A"
or
, "Class C"
, or "Class D" license or
6under a Class "B" or "Class B" license or permit during hours when the premises are
7not open for business if those persons are performing job-related activities.
SB399, s. 8
8Section
8. 125.17 (6) (a) 2. of the statutes is amended to read:
SB399,4,119
125.17
(6) (a) 2. Within the past 2 years, the person held a Class "A", "Class A"
10or, "Class C"
, or "Class D" license or a Class "B" or "Class B" license or permit or a
11manager's or operator's license.
SB399, s. 9
12Section
9. 125.185 (2) and (4) of the statutes are amended to read:
SB399,4,1613
125.185
(2) A provisional retail license may be issued only to a person who has
14applied for a Class "A", Class "B", "Class A", "Class B"
or, "Class C"
, or "Class D" 15license and authorizes only the activities that the type of retail license applied for
16authorizes.
SB399,4,21
17(4) A provisional retail license expires 60 days after its issuance or when the
18Class "A", Class "B", "Class A", "Class B"
or, "Class C"
, or "Class D" license is issued
19to the holder, whichever is sooner. The official who issued the provisional retail
20license may revoke the license if he or she discovers that the holder of the license
21made a false statement on the application.
SB399, s. 10
22Section
10. 125.51 (1) (a) of the statutes is amended to read:
SB399,5,623
125.51
(1) (a) Every municipal governing body may grant and issue "Class A"
24and "Class B" licenses for retail sales of intoxicating liquor, and "Class C"
and "Class
25D" licenses for retail sales of wine, from premises within the municipality to persons
1entitled to a license under this chapter as the issuing municipal governing body
2deems proper and may authorize an official or body of the municipality to issue
3temporary "Class B" licenses under sub. (10). No "Class B" license may be issued to
4a winery under sub. (3) (am) unless the winery has been issued a permit under s.
5125.53 and the winery is capable of producing at least 5,000 gallons of wine per year
6in no more than 2 locations.
SB399, s. 11
7Section
11. 125.51 (3s) of the statutes is created to read:
SB399,5,108
125.51
(3s) Retail "Class D" license. (a) A "Class D" license authorizes the
9retail sale of wine in unopened original bottles or other unopened original containers
10for consumption off the premises where sold.
SB399,5,1311
(b) Except as provided under s. 125.69, a "Class D" license may be issued to any
12person qualified under s. 125.04 (5), except a person acting as an agent for or in the
13employ of another.
SB399,5,1514
(c) A "Class D" license shall particularly describe the premises for which it is
15issued and is not transferable, except as provided in s. 125.04 (12).
SB399,5,1816
(d) The annual fee for a "Class D" license shall be determined by the municipal
17governing body issuing the license. The fee shall not exceed $100 and shall be the
18same for all "Class D" licenses.
SB399, s. 12
19Section
12. 125.51 (8) of the statutes is renumbered 125.58 (8) (a) (intro.) and
20amended to read:
SB399,5,2321
125.58
(8) (a) (intro.) Except in the case of hotels, no person may hold
both, for
22the same premises or for connecting premises, a "Class A"
or "Class "D" license and
23either a any of the following:
SB399,5,24
241. A "Class B" license or permit
, a .
SB399,5,25
252. A Class "B" license or permit
or a .
SB399,6,1
13. A "Class C" license
for the same premises or for connecting premises. Except.
SB399,6,5
2(b) Except for hotels, if
either type of a license or permit is issued
for the same
3or connecting premises already covered by the other type of license or permit that
4causes a person to be in violation of par. (a), the license or permit last issued is void.
5If both licenses or permits are issued simultaneously, both are void.
SB399, s. 13
6Section
13. 125.53 (1) of the statutes is amended to read:
SB399,6,167
125.53
(1) The department shall issue only to a manufacturing winery in this
8state that holds a valid certificate issued under s. 73.03 (50) a winery permit
9authorizing the manufacture and bottling of wine on the premises covered by the
10permit for sale at wholesale to other licensees or permittees. A permittee under this
11section may offer on the premises taste samples of wine manufactured on the
12premises to persons who have attained the legal drinking age. A permittee under
13this section may also have
either a "Class A"
or, "Class B"
, or "Class D" license, but
14not
both more than one such license. If a "Class A"
or, "Class B"
, or "Class D" liquor
15license has also been issued to the winery, the winery may offer the taste samples on
16the "Class A"
or, "Class B"
, or "Class D" premises.
SB399, s. 14
17Section
14. 125.65 (1) of the statutes is amended to read:
SB399,6,2218
125.65
(1) The department may issue a permit for wholesale sales for future
19delivery which authorizes the permittee to solicit orders, and to engage in the sale,
20of intoxicating liquor for delivery at a future date. A person holding a permit under
21this section may give a sample of a brand of intoxicating liquor to a "Class A"
or "Class
22D" licensee who has not previously purchased that brand from the permittee.
SB399, s. 15
23Section
15. 125.66 (4) of the statutes is amended to read:
SB399,7,3
1125.66
(4) Notwithstanding sub. (1) and s. 125.04 (1), a "Class A"
or "Class D" 2licensee who sells intoxicating liquor to a "Class B" licensee for resale may be fined
3not more than $100.
SB399, s. 16
4Section
16. 125.68 (2) of the statutes is amended to read:
SB399,7,225
125.68
(2) Operators' licenses; "Class A", "Class B" or, "Class C", or "Class D"
6premises. Except as provided under s. 125.07 (3) (a) 10., no premises operated under
7a "Class A"
or, "Class C"
, or "Class D" license or under a "Class B" license or permit
8may be open for business unless there is upon the premises either the licensee or
9permittee, the agent named in the license or permit if the licensee or permittee is a
10corporation or limited liability company, or some person who has an operator's
11license and who is responsible for the acts of all persons selling or serving any
12intoxicating liquor to customers. An operator's license issued in respect to a vessel
13under s. 125.51 (5) (c) is valid outside the municipality that issues it. For the purpose
14of this subsection, any person holding a manager's license issued under s. 125.18 or
15any member of the licensee's or permittee's immediate family who has attained the
16age of 18 shall be considered the holder of an operator's license. No person, including
17a member of the licensee's or permittee's immediate family, other than the licensee,
18permittee or agent may serve or sell alcohol beverages in any place operated under
19a "Class A"
or, "Class C"
, or "Class D" license or under a "Class B" license or permit
20unless he or she has an operator's license or is at least 18 years of age and is under
21the immediate supervision of the licensee, permittee or agent or a person holding an
22operator's license, who is on the premises at the time of the service.
SB399, s. 17
23Section
17. 125.68 (2m) (a) of the statutes is amended to read: