2015 - 2016 LEGISLATURE
February 3, 2015 - Introduced by Senators Moulton,
L. Taylor, Erpenbach, Gudex
and Vinehout, cosponsored by Representatives Kleefisch, Zamarripa,
August, Allen, Ballweg, Brandtjen, Brostoff, Considine, Danou, Goyke,
Kahl, Kitchens, Kooyenga, Kremer, Krug, Kuglitsch, Meyers, Milroy,
Ohnstad, Sinicki, Spiros, Steffen, C. Taylor and Thiesfeldt. Referred to
Committee on Agriculture, Small Business, and Tourism.
1An Act to create
125.51 (2) (am) and 125.54 (3) of the statutes; relating to: taste
2samples of intoxicating liquor provided on certain retail licensed premises.
Analysis by the Legislative Reference Bureau
Under current law, with limited exceptions, 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 fermented malt beverages
(beer), in original packages, for consumption off the licensed premises. A "Class A"
license authorizes the retail sale of intoxicating liquor, including wine, in original
packages, for consumption off the licensed premises.
Current law authorizes a Class "A" licensed retailer, under its retail license, to
provide taste samples of beer on the Class "A" licensed premises, subject to various
restrictions. Current law also contains an exception to the license or permit
requirement allowing a "Class A" licensed retailer to provide wine taste samples on
the "Class A" licensed premises, subject to various restrictions.
This bill authorizes a "Class A" licensed retailer, under its retail license, to
provide taste samples of intoxicating liquor that is not wine (distilled spirits) on its
"Class A" licensed premises. Taste samples of distilled spirits may not exceed one,
0.5 fluid ounce taste sample per person per day and may be provided only between
the hours of 11 a.m. and 7 p.m. The bill also specifies that representatives of
intoxicating liquor manufacturers, rectifiers, wineries, or out-of-state shippers may
assist the "Class A" retailer in dispensing or serving these taste samples of distilled
spirits, but wholesalers may not assist or participate in providing taste samples of
either distilled spirits or wine.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
125.51 (2) (am) of the statutes is created to read:
(am) In addition to the authorization under par. (a) and s. 125.06 3
(13), a "Class A" license authorizes the licensee to provide, free of charge, to 4
customers and visitors who have attained the legal drinking age, taste samples of 5
intoxicating liquor other than wine that are not in original packages or containers 6
and that do not exceed 0.5 fluid ounces each, for consumption on the "Class A" 7
premises. No "Class A" licensee may provide more than one such taste sample per 8
day to any one person. Taste samples may be provided under this paragraph only 9
between the hours of 11 a.m. and 7 p.m. Any representative of a manufacturer, 10
rectifier, winery, or out-of-state shipper issued a permit under s. 125.52, 125.53, or 11
125.58 may assist the "Class A" licensee in dispensing or serving the taste samples. 12
No "Class A" licensee may provide as taste samples under this paragraph 13
intoxicating liquor other than wine that the "Class A" licensee did not purchase from 14
125.54 (3) of the statutes is created to read:
125.54 (3) Taste samples on "Class A" premises.
Wholesalers holding a permit 17
issued under this section, employees of such wholesalers, and individuals 18
representing such wholesalers may not assist or participate in providing taste 19
samples under s. 125.06 (13) (a) or 125.51 (2) (am).