2015 - 2016 LEGISLATURE
February 13, 2015 - Introduced by Senator Harsdorf, cosponsored by
Representatives Knudson, Czaja, Kooyenga, Murphy, Mursau, Spiros,
Danou and Ohnstad. Referred to Committee on Agriculture, Small Business,
1An Act to amend
125.07 (3) (a) 3., 125.32 (3) (c) and 125.68 (4) (c) 4.; and to
125.02 (11m) and 125.32 (3m) (i) of the statutes; relating to: the
3issuance of retail alcohol beverage licenses for premises on which another
4business is conducted and the presence of underage persons on premises
5operating under a retail alcohol beverage license.
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 "B" license authorizes the retail sale of fermented malt beverages
(beer) for consumption on or off the premises. A Class "B" license is also a
prerequisite to the issuance of a "Class B" license, which authorizes the sale of
intoxicating liquor (wine and distilled spirits).
Current law generally prohibits the issuance of a Class "B" license for any
premises where another business is conducted. However, there are exceptions to this
prohibition, including for hotels, restaurants, bowling centers, and movie theaters.
This bill creates an additional exception to this prohibition for a painting
studio. A painting studio is defined in the bill as an establishment that is primarily
engaged in the business of providing instruction in the art of painting and that offers
customers the opportunity to purchase food and beverages for consumption while
Under current law, a person who is under 21 years of age and not accompanied
by his or her parent, guardian, or spouse who is at least 21 years of age
(unaccompanied underage person) may not enter or be on any premises for which a
license or permit for the retail sale of alcohol beverages has been issued (licensed
premises). Current law also provides for various exceptions to this prohibition.
Among the exceptions, an unaccompanied underage person may enter or be on
licensed premises that is a hotel, bowling center, movie theater, or center for the
visual or performing arts.
This bill creates an additional exception allowing an unaccompanied underage
person to enter or be on licensed premises that is a painting studio.
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:
125.02 (11m) of the statutes is created to read:
"Painting studio" means an establishment that is primarily 3
engaged in the business of providing to customers instruction in the art of painting 4
and that offers customers the opportunity to purchase food and beverages for 5
consumption while they paint.
125.07 (3) (a) 3. of the statutes is amended to read:
(a) 3. Hotels, drug stores, grocery stores, bowling centers, movie 8
theaters, painting studios,
billiards centers having on the premises 12 or more 9
billiards tables that are not designed for coin operation and that are 8 feet or longer 10
in length, indoor golf simulator facilities, service stations, vessels, cars operated by 11
any railroad, regularly established athletic fields, outdoor volleyball courts that are 12
contiguous to a licensed premises, stadiums, public facilities as defined in s. 125.51 13
(5) (b) 1. d. which are owned by a county or municipality or centers for the visual or 14
125.32 (3) (c) of the statutes is amended to read:
(c) Hotels and restaurants the principal business of which is the 17
furnishing of food and lodging to patrons, bowling centers, movie theaters, painting
indoor horseshoe-pitching facilities, curling clubs, golf courses and golf 2
clubhouses may remain open for the conduct of their regular business but may not 3
sell fermented malt beverages during the hours specified in par. (a).
125.32 (3m) (i) of the statutes is created to read:
(i) A painting studio.
125.68 (4) (c) 4. of the statutes is amended to read:
(c) 4. Hotels and restaurants the principal business of which is the 8
furnishing of food, drinks or lodging to patrons, bowling centers, movie theaters, 9painting studios,
indoor horseshoe-pitching facilities, curling clubs, golf courses and 10
golf clubhouses may remain open for the conduct of their regular business but may 11
not sell intoxicating liquor during the closing hours under subd. 1. or, with respect 12
to the sale of intoxicating liquor authorized under s. 125.51 (3r) (a), under subd. 3.