LRB-4522/1
ARG:kjf&cjs:md
2009 - 2010 LEGISLATURE
March 26, 2010 - Introduced by Representatives Benedict, Sinicki, A. Williams and
Gottlieb, cosponsored by Senators Robson, Taylor and Grothman. Referred
to Committee on Urban and Local Affairs.
AB900,1,4 1An Act to amend 125.26 (6) and 125.51 (10); and to create 125.02 (11m) and
2125.32 (3m) (h) of the statutes; relating to: the issuance of temporary alcohol
3beverages licenses to nonprofit organizations authorizing the sale of beer or
4wine at fund-raising events.
Analysis by the Legislative Reference Bureau
Current law authorizes municipalities to issue temporary Class "B" and "Class
B" licenses to certain clubs, fair associations, agricultural societies, churches,
veterans organizations, lodges, and societies that authorize the retail sale of,
respectively, fermented malt beverages (beer) and wine at fairs, meetings, picnics,
and similar gatherings hosted by these organizations. A municipality may not issue
to one of these organizations more than two temporary "Class B" licenses in any
12-month period.
This bill authorizes municipalities to issue temporary Class "B" and "Class B"
licenses to nonprofit organizations authorizing the sale of, respectively, beer and
wine at fund-raising events. For purposes of the bill, a nonprofit organization is an
organization described in certain provisions of the Internal Revenue Code as exempt
from federal income tax. The bill also increases, from two to five, the number of
temporary "Class B" licenses that a municipality may issue to an eligible applicant
in any 12-month period.
Current law also prohibits, with certain exceptions, the issuance of a Class "B"
license or permit for any premises where another business is conducted.

This bill creates an exception to this prohibition allowing a nonprofit
organization holding a temporary license to serve beer or wine at a fund-raising
event on premises where other business is conducted.
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:
AB900, s. 1 1Section 1. 125.02 (11m) of the statutes is created to read:
AB900,2,52 125.02 (11m) For purposes of ss. 125.26 (6), 125.32 (3m) (h), and 125.51 (10),
3"nonprofit organization" means an organization described in section 501 (c) (3) or (6)
4of the Internal Revenue Code which is exempt from federal income tax under section
5501 (a) of the Internal Revenue Code.
AB900, s. 2 6Section 2. 125.26 (6) of the statutes is amended to read:
AB900,3,87 125.26 (6) Temporary Class "B" licenses may be issued to bona fide clubs, to
8county or local fair associations or agricultural societies, to churches, lodges or
9societies that have been in existence for at least 6 months before the date of
10application and to posts of veterans organizations authorizing the sale of fermented
11malt beverages at a particular picnic or similar gathering, at a meeting of the post,
12or during a fair conducted by the fair association or agricultural society. Temporary
13Class "B" licenses may also be issued to nonprofit organizations authorizing the sale
14of fermented malt beverages at fund-raising events.
The amount of the fee for the
15license shall be determined by the municipal governing body issuing the license but
16may not exceed $10. An official or body authorized by a municipal governing body
17to issue temporary Class "B" licenses may, upon issuance of any temporary Class "B"
18license, authorize the licensee to permit underage persons to be on the premises for
19which the license is issued. A license issued to a county or district fair licenses the

1entire fairgrounds where the fair is being conducted and all persons engaging in
2retail sales of fermented malt beverages from leased stands on the fairgrounds. The
3county or district fair to which the license is issued may lease stands on the
4fairgrounds to persons who may engage in retail sales of fermented malt beverages
5from the stands while the fair is being held. A municipal governing body may issue
6a temporary Class "B" license for premises that are covered by a "Class B" permit
7issued under s. 125.51 (5) (b) 2. if the applicant meets the requirements of this
8subsection.
AB900, s. 3 9Section 3. 125.32 (3m) (h) of the statutes is created to read:
AB900,3,1110 125.32 (3m) (h) Any premises for which a nonprofit organization applies for,
11or is issued, a license under s. 125.26 (6) or 125.51 (10) for a fund-raising event.
AB900, s. 4 12Section 4. 125.51 (10) of the statutes is amended to read:
AB900,4,913 125.51 (10) Temporary licenses. Notwithstanding s. 125.68 (3), temporary
14"Class B" licenses may be issued to bona fide clubs, to county or local fair associations
15or agricultural societies, to churches, lodges or societies that have been in existence
16for at least 6 months before the date of application and to posts of veterans'
17organizations authorizing the sale of wine in an original package, container or bottle
18or by the glass if the wine is dispensed directly from an original package, container
19or bottle at a particular picnic or similar gathering, at a meeting of the post, or during
20a fair conducted by the fair association or agricultural society. Notwithstanding s.
21125.68 (3), temporary "Class B" licenses may also be issued to nonprofit
22organizations authorizing the sale of wine in an original package, container, or
23bottle, or by the glass if the wine is dispensed directly from an original package,
24container, or bottle, at fund-raising events.
The amount of the fee for the license
25shall be $10, except that no fee may be charged to a person who at the same time

1applies for a temporary Class "B" license under s. 125.26 (6) for the same event. A
2license issued to a county or district fair licenses the entire fairgrounds where the
3fair is being conducted and all persons engaging in retail sales of wine from leased
4stands on the fairgrounds. The county or district fair to which the license is issued
5may lease stands on the fairgrounds to persons who may engage in retail sales of
6wine from the stands while the fair is being held. Not more than 2 5 licenses may
7be issued under this subsection to any club, county or local fair association,
8agricultural association, church, lodge, society or, veterans post, or nonprofit
9organization
in any 12-month period.
AB900, s. 5 10Section 5. Effective date.
AB900,4,1211 (1) This act takes effect on the first day of the 3rd month beginning after
12publication.
AB900,4,1313 (End)
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