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2013 - 2014 LEGISLATURE
September 10, 2013 - Introduced by Senators Grothman and L. Taylor,
cosponsored by Representatives Stone, Zepnick, Ohnstad, A. Ott,
Sanfelippo, Kooyenga and Honadel. Referred to Committee on Agriculture,
Small Business, and Tourism.
SB291,1,4 1An Act to amend 125.09 (1); and to create 125.02 (4m), 125.10 (5), 340.01 (8m),
2346.94 (23), 346.95 (12) and 349.18 (1) (d) of the statutes; relating to: the
3possession and consumption of alcohol beverages on, and operation of,
4commercial 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 bill 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 bill also prohibits an ordinance of a
municipality enacted before the bill'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 bill's effective date to do so.
The bill 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:
SB291,1 1Section 1. 125.02 (4m) of the statutes is created to read:
SB291,2,32 125.02 (4m) "Commercial quadricycle" has the meaning given in s. 340.01
3(8m).
SB291,2 4Section 2. 125.09 (1) of the statutes is amended to read:
SB291,2,145 125.09 (1) Public place. No owner, lessee, or person in charge of a public place
6may permit the consumption of alcohol beverages on the premises of the public place,
7unless the person has an appropriate retail license or permit. This subsection does
8not apply to municipalities, buildings and parks owned by counties, regularly
9established athletic fields and stadiums, school buildings, campuses of private
10colleges, as defined in s. 16.99 (3g), at the place and time an event sponsored by the
11private college is being held, churches, premises in a state fair park or clubs. This
12subsection also does not apply to the consumption of fermented malt beverages on
13commercial quadricycles except in municipalities that have adopted ordinances
14under s. 125.10 (5) (a).
SB291,3
1Section 3. 125.10 (5) of the statutes is created to read:
SB291,3,42 125.10 (5) Fermented malt beverages on commercial quadricycles. (a) A
3municipality may, by ordinance, prohibit the consumption of fermented malt
4beverages by passengers on a commercial quadricycle within the municipality.
SB291,3,95 (b) Notwithstanding sub. (1), an ordinance enacted before the effective date of
6this paragraph .... [LRB inserts date], regulating the possession or consumption of
7open containers of alcohol beverages in public places may not prohibit the possession
8or consumption of alcohol beverages by passengers on a commercial quadricycle. An
9ordinance that is inconsistent with this paragraph may not be enforced.
SB291,4 10Section 4. 340.01 (8m) of the statutes is created to read:
SB291,3,1611 340.01 (8m) "Commercial quadricycle" means a vehicle with fully operative
12pedals for propulsion entirely by human power, that has 4 wheels and is operated in
13a manner similar to a bicycle, that is equipped with at least 12 seats for passengers,
14that is designed to be occupied by a driver and by passengers providing pedal power
15to the drive train of the vehicle, that is used for commercial purposes, and that is
16operated by the vehicle owner or an employee of the owner.
SB291,5 17Section 5. 346.94 (23) of the statutes is created to read:
SB291,3,1818 346.94 (23) Commercial quadricycles.
SB291,3,1919 (a) In this subsection:
SB291,3,2020 1. "Alcohol beverages" has the meaning given in s. 125.02 (1).
SB291,3,2121 2. "Fermented malt beverages" has the meaning given in s. 125.02 (6).
SB291,3,2322 (b) No driver of a commercial quadricycle may consume alcohol while the
23commercial quadricycle is occupied by passengers.
SB291,3,2524 (c) No person may drive a commercial quadricycle while the person has an
25alcohol concentration of more than 0.02.
SB291,4,2
1(d) No person may drive a commercial quadricycle occupied by passengers after
210:30 p.m. or after any earlier time established by ordinance under s. 349.18 (1) (d).
SB291,4,73 (e) No person may drive a commercial quadricycle on which any alcohol
4beverages other than fermented malt beverages are carried or consumed. No person
5may drive a commercial quadricycle on which any alcohol beverages are sold,
6including delivery on the commercial quadricycle of alcohol beverages previously
7sold by a caterer.
SB291,4,98 (f) No person may possess on, or carry onto, a commercial quadricycle more
9than 36 fluid ounces of fermented malt beverages.
SB291,4,1310 (g) Upon conviction of a driver of a commercial quadricycle for a violation of this
11subsection, the court shall enter an order permanently prohibiting the person from
12driving a commercial quadricycle. No person may drive a commercial quadricycle in
13violation of such an order.
SB291,6 14Section 6. 346.95 (12) of the statutes is created to read:
SB291,4,1615 346.95 (12) (a) Any person violating s. 346.94 (23) (b), (c), (d), (e), or (f) may be
16required to forfeit not less than $200 nor more than $500.
SB291,4,1817 (b) Any person violating s. 346.94 (23) (g) may be required to forfeit not less
18than $1,000 nor more than $2,000.
SB291,7 19Section 7. 349.18 (1) (d) of the statutes is created to read:
SB291,4,2220 349.18 (1) (d) Establish a time earlier than that specified in s. 346.94 (23) (d)
21after which a person may not drive a commercial quadricycle occupied by passengers
22within the city, village, or town.
SB291,8 23Section 8. Effective date.
SB291,5,2
1(1) This act takes effect on the first day of the month beginning after
2publication.
SB291,5,33 (End)
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