Amendment ASA1-AB169

CORRECTED COPY

LRBs0063/1

ARG:jld:jm

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 169

June 5, 2013 - Offered by Committee on Small Business Development.

AB169-ASA1,1,4 An Act to amend 125.09 (1); and to create 125.02 (4m), 125.10 (5), 340.01 (8m), 346.94 (23), 346.95 (12) and 349.18 (1) (d) of the statutes; relating to: the possession and consumption of alcohol beverages on, and operation of, commercial 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 substitute amendment adds an exception for the consumption of fermented malt beverages (beer) on commercial quadricycles, except in municipalities that have adopted ordinances negating this exception. A "commercial quadricycle" is defined 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, that is used for commercial purposes, and that is operated by the vehicle owner or an employee of the owner. The substitute amendment also prohibits an ordinance of a municipality enacted before the substitute amendment's effective date that regulates the possession or consumption of open containers of alcohol beverages in public places ("open container" ordinance) from prohibiting the possession or consumption of alcohol beverages by passengers on commercial quadricycles, but allows an "open container" ordinance enacted after the substitute amendment's effective date to do so.

The substitute amendment 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 0.02. A person may not drive a commercial quadricycle occupied by passengers after 10:30 p.m. or after any earlier time established by municipal ordinance. A person may not drive a commercial quadricycle on which alcohol beverages other than beer are carried or consumed or on which alcohol beverages are sold. A person may not possess on, or carry onto, a commercial quadricycle more than 36 fluid ounces of beer. A person who violates any of these prohibitions may be required to forfeit not less than $200 nor more than $500. Upon a driver's conviction for a violation, the court must enter an order permanently prohibiting the person from driving a commercial quadricycle and, if the person violates this order, the person may be required to forfeit not less than $1,000 nor more than $2,000.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB169-ASA1,1 Section 1. 125.02 (4m) of the statutes is created to read:

AB169-ASA1,2,3 125.02 (4m) "Commercial quadricycle" has the meaning given in s. 340.01 (8m).

AB169-ASA1,2 Section 2. 125.09 (1) of the statutes is amended to read:

AB169-ASA1,3,2 125.09 (1) Public place. No owner, lessee, or person in charge of a public place may permit the consumption of alcohol beverages on the premises of the public place, unless the person has an appropriate retail license or permit. This subsection does not apply to municipalities, buildings and parks owned by counties, regularly established athletic fields and stadiums, school buildings, campuses of private colleges, as defined in s. 16.99 (3g), at the place and time an event sponsored by the private college is being held, churches, premises in a state fair park or clubs. This subsection also does not apply to the consumption of fermented malt beverages on commercial quadricycles except in municipalities that have adopted ordinances under s. 125.10 (5) (a).

AB169-ASA1,3 Section 3. 125.10 (5) of the statutes is created to read:

AB169-ASA1,3,6 125.10 (5) Fermented malt beverages on commercial quadricycles. (a) A municipality may, by ordinance, prohibit the consumption of fermented malt beverages by passengers on a commercial quadricycle within the municipality.

AB169-ASA1,3,11 (b) Notwithstanding sub. (1), an ordinance enacted before the effective date of this paragraph .... [LRB inserts date], regulating the possession or consumption of open containers of alcohol beverages in public places may not prohibit the possession or consumption of alcohol beverages by passengers on a commercial quadricycle. An ordinance that is inconsistent with this paragraph may not be enforced.

AB169-ASA1,4 Section 4. 340.01 (8m) of the statutes is created to read:

AB169-ASA1,3,18 340.01 (8m) "Commercial quadricycle" means a vehicle with fully operative pedals for propulsion entirely by human power, that has 4 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, that is used for commercial purposes, and that is operated by the vehicle owner or an employee of the owner.

AB169-ASA1,5 Section 5. 346.94 (23) of the statutes is created to read:

AB169-ASA1,3,20 346.94 (23) Commercial quadricycles.

AB169-ASA1,3,21 (a) In this subsection:

AB169-ASA1,3,22 1. "Alcohol beverages" has the meaning given in s. 125.02 (1).

AB169-ASA1,3,23 2. "Fermented malt beverages" has the meaning given in s. 125.02 (6).

AB169-ASA1,3,25 (b) No driver of a commercial quadricycle may consume alcohol while the commercial quadricycle is occupied by passengers.

AB169-ASA1,4,2 (c) No person may drive a commercial quadricycle while the person has an alcohol concentration of more than 0.02.

AB169-ASA1,4,4 (d) No person may drive a commercial quadricycle occupied by passengers after 10:30 p.m. or after any earlier time established by ordinance under s. 349.18 (1) (d).

AB169-ASA1,4,9 (e) No person may drive a commercial quadricycle on which any alcohol beverages other than fermented malt beverages are carried or consumed. No person may drive a commercial quadricycle on which any alcohol beverages are sold, including delivery on the commercial quadricycle of alcohol beverages previously sold by a caterer.

AB169-ASA1,4,11 (f) No person may possess on, or carry onto, a commercial quadricycle more than 36 fluid ounces of fermented malt beverages.

AB169-ASA1,4,15 (g) Upon conviction of a driver of a commercial quadricycle for a violation of this subsection, the court shall enter an order permanently prohibiting the person from driving a commercial quadricycle. No person may drive a commercial quadricycle in violation of such an order.

AB169-ASA1,6 Section 6. 346.95 (12) of the statutes is created to read:

AB169-ASA1,4,18 346.95 (12) (a) Any person violating s. 346.94 (23) (b), (c), (d), (e), or (f) may be required to forfeit not less than $200 nor more than $500.

AB169-ASA1,4,20 (b) Any person violating s. 346.94 (23) (g) may be required to forfeit not less than $1,000 nor more than $2,000.

AB169-ASA1,7 Section 7. 349.18 (1) (d) of the statutes is created to read:

AB169-ASA1,4,24 349.18 (1) (d) Establish a time earlier than that specified in s. 346.94 (23) (d) after which a person may not drive a commercial quadricycle occupied by passengers within the city, village, or town.

AB169-ASA1,8 Section 8. Effective date.

AB169-ASA1,5,2 (1) This act takes effect on the first day of the month beginning after publication.

AB169-ASA1,5,3 (End)