2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 433
February 12, 2018 - Offered by Representative Vorpagel.
1An Act to renumber and amend
125.09 (1); to amend
125.09 (1) (title), 125.51 2
(3) (b) and 125.68 (4) (c) 3m.; and to create
125.09 (1) (b) of the statutes; 3relating to: closing hours for retail sales by wineries, retail sales of
4intoxicating liquor for consumption off the licensed premises, and consumption
5of alcohol beverages on certain nonpublic property.
Analysis by the Legislative Reference Bureau
This substitute amendment makes changes relating to the hours in which
wineries can make retail sales of wine, allows certain liquor retailers to sell distilled
spirits, in any quantity, for off-premises consumption in municipalities that allow
such off-premises sales, and generally prohibits a person who owns or is in charge
of nonpublic property that is not licensed to sell alcohol beverages from allowing
alcohol beverages to be consumed on the property if the person is paid for use of the
property for an event.
Under current law, with limited exceptions, no person may sell alcohol
beverages at retail unless the person possesses a license or permit authorizing the
sale. Except when issued to a winery, a “Class B" license, issued by a municipality,
authorizes the retail sale of intoxicating liquor, which includes wine and distilled
spirits, for consumption on the licensed premises and also authorizes the retail sale,
in any quantity, of wine in the original package or container for consumption off the
licensed premises. In addition, a municipality may, by ordinance, authorize “Class
B” licensees to sell, in quantities not exceeding four liters at any one time, distilled
spirits in the original package or container for consumption off the licensed premises.
Current law allows a winery to hold a retail “Class B" license, which authorizes
the retail sale of wine only. The wine may be sold by the glass or in an open container
for on-premises consumption or in the original package or container for off-premises
consumption. A winery operating under a retail “Class B" license may not remain
open for retail sales of wine between the hours of 9 p.m. and 8 a.m.
This substitute amendment changes the closing hour for wineries operating
under a retail “Class B" license from 9 p.m. to midnight, but allows municipalities
to establish, by ordinance, more restrictive closing hours for these wineries. For
“Class B” licensees other than wineries, the substitute amendment also eliminates
the four-liter limit for distilled spirits sales for off-premises consumption in
municipalities that, by ordinance, allow such off-premises sales.
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
beverage license has been issued for the place. There are various exceptions to this
prohibition, including for county parks, athletic fields and stadiums, and churches.
Under this substitute amendment, no owner or person in charge of property
that is not a public place and who receives payment for temporary use of the property
by another person for a specific event may permit the consumption of alcohol
beverages on the property, unless the person has an appropriate retail license or
permit. However, there are exceptions to this prohibition similar to those that apply
with respect to the consumption of alcohol beverages at a public place. The substitute
amendment also clarifies that the public place prohibition discussed above applies
on all property, not just on licensed premises.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
125.09 (1) (title) of the statutes is amended to read:
(title) Public Consumption in public place or on certain rental
125.09 (1) of the statutes is renumbered 125.09 (1) (a) and amended 5
(a) No owner, lessee, or person in charge of a public place may permit 2
the consumption of alcohol beverages on the premises
of the public place, 3
unless the person has an appropriate retail license or permit.
This subsection does not apply to municipalities, buildings and parks owned 5
by counties, regularly established athletic fields and stadiums, school buildings, 6
campuses of private colleges, as defined in s. 16.99 (3g), at the place and time an event 7
sponsored by the private college is being held, churches, or
premises in a state fair 8
park or clubs. This subsection also. Paragraph (a)
does not apply to clubs or to
consumption of fermented malt beverages on commercial quadricycles except in 10
municipalities that have adopted ordinances under s. 125.10 (5) (a).
125.09 (1) (b) of the statutes is created to read:
(b) No owner or person in charge of property that is not a public place 13
and who receives payment for temporary use of the property by another person for 14
a specific event may permit the consumption of alcohol beverages on the property, 15
unless the person has an appropriate retail license or permit and the consumption 16
of alcohol beverages occurs on that portion of the property covered by the retail 17
license or permit.
125.51 (3) (b) of the statutes is amended to read:
(b) In all municipalities electing by ordinance to come under this 20
paragraph, a retail “Class B" license authorizes the sale of intoxicating liquor to be 21
consumed by the glass only on the premises where sold and also authorizes the sale 22
of intoxicating liquor in the original package or container, in
multiples not to exceed
234 liters at any one time, and any quantity,
to be consumed off the premises where sold. 24Wine, however, may be sold for consumption off the premises in the original package
25or otherwise in any quantity.
This paragraph does not apply to a winery that has
been issued a “Class B" license. Paragraph (am) applies to all wineries that have 2
been issued a “Class B" license.
125.68 (4) (c) 3m. of the statutes is amended to read:
(c) 3m. No premises for which a “Class B" license has been issued 5
under s. 125.51 (3) (am) may remain open for the sale of intoxicating liquor between 6
the hours of 9 p.m. 12 midnight
and 8 a.m. A municipality may, by ordinance, impose
7more restrictive hours than are provided in this subdivision.