LRB-2554/1
ARG:cjs
2019 - 2020 LEGISLATURE
August 12, 2019 - Introduced by Representatives Tauchen, Duchow, Doyle,
Jagler, Sanfelippo and Skowronski. Referred to Committee on State Affairs.
AB362,1,6 1An Act to renumber and amend 125.25 (3), 125.26 (3), 125.272, 125.51 (2) (c),
2125.51 (3) (d) and 125.51 (6); to amend 125.02 (20), 125.26 (2u), 125.26 (2w),
3125.26 (2x), 125.51 (3) (bu), 125.51 (3) (bw) and 125.51 (3) (bx); and to create
4125.10 (6), 125.272 (2) and 125.51 (6) (b) of the statutes; relating to: remote
5orders for the sale of alcohol beverages to be picked up on retail licensed
6premises.
Analysis by the Legislative Reference Bureau
This bill allows certain alcohol beverage retailers to make online or telephone
sales of alcohol beverages to be picked up by the customer at parking spaces that are
part of the retail licensed premises. The bill also prohibits municipalities from
imposing by ordinance additional restrictions on these sales.
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. Class “A” and “Class A” licenses authorize the retail sale of, respectively,
fermented malt beverages (beer) and intoxicating liquor in original packages for
consumption off the licensed premises. Intoxicating liquor includes wine and
distilled spirits. A Class “B" license authorizes the retail sale of beer for consumption
on or off the premises. Except when issued to a winery, a “Class B" license authorizes
the retail sale of intoxicating liquor for consumption on the licensed premises and,
subject to certain restrictions, the retail sale of intoxicating liquor in original

packages for consumption off the licensed premises. Each of these retail licenses is
issued by a municipality.
Under current law, a retail license authorizes only face-to-face sales of alcohol
beverages to consumers on the licensed premises. The sale to the consumer on the
licensed premises is governed by certain requirements, including that the purchaser
be of legal drinking age and that the sale be made only during certain hours. The
licensed premises on which the sale occurs must be particularly described in the
retail license issued by the municipality, and each applicant for a retail license must
identify in the application the premises where alcohol beverages will be sold.
This bill provides that, if a Class “A” or “Class A” licensee or a restaurant
holding a Class “B" or “Class B” license receives a remote order for alcohol beverages
that the consumer will pick up at a parking space that is part of the retailer's licensed
premises, the sale of alcohol beverages occurs at the time the consumer takes
possession of the alcohol beverages at the parking space, regardless of when the
consumer makes payment. The bill defines “remote order” as an order for the sale
of alcohol beverages that is placed by telephone or Internet by a consumer who
asserts at the time of placing the order that he or she is at least 21 years of age. A
restaurant holding a Class “B” or “Class B” license may sell alcohol beverages by
remote order only for consumption off the licensed premises. The bill also specifies
that licensed premises identified in the retail license may include parking spaces
associated with a structure described as licensed premises, even if the parking
spaces are not contiguous with the remainder of the licensed premises. The bill also
prohibits municipalities from adopting ordinances that impose additional
restrictions on alcohol beverage sales made by these retailers pursuant to remote
orders.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB362,1 1Section 1. 125.02 (20) of the statutes is amended to read:
AB362,2,72 125.02 (20) “Sell", Subject to ss. 125.272 (2) (b) and (c) and 125.51 (6) (b) 2. and
33., “sell,”
“sold,", “sale," or “selling" means any transfer of alcohol beverages with
4consideration or any transfer without consideration if knowingly made for purposes
5of evading the law relating to the sale of alcohol beverages or any shift, device,
6scheme or transaction for obtaining alcohol beverages, including the solicitation of
7orders for, or the sale for future delivery of, alcohol beverages.
AB362,2 8Section 2. 125.10 (6) of the statutes is created to read:
AB362,3,6
1125.10 (6) Remote orders of alcohol beverages. (a) Notwithstanding sub.
2(1), and subject to par. (b), a municipality may not prescribe additional regulations
3for, or impose additional restrictions relating to, sales of alcohol beverages made
4pursuant to remote order, as defined in s. 125.272 (2) (a), by Class “A” and “Class A”
5licensees or by restaurants holding Class “B” or “Class B” licenses. An ordinance that
6is inconsistent with this paragraph may not be enforced.
AB362,3,97 (b) Paragraph (a) does not limit a municipality's authority to adopt ordinances
8of general application that apply to all sales by a retail licensee, including ordinances
9adopted under ss. 125.32 (3) (d) and 125.68 (4) (b) and (c) 3.
AB362,3 10Section 3 . 125.25 (3) of the statutes is renumbered 125.25 (3) (a) and amended
11to read:
AB362,3,1712 125.25 (3) (a) Class “A" licenses shall particularly describe the premises for
13which issued and. The premises for a Class “A” license may include, if described in
14the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
15with any structure described as licensed premises in the license application, even if
16the parking spaces are not contiguous with the remainder of the Class “A” licensed
17premises.
AB362,3,18 18(b) Class “A” licenses are not transferable, except under s. 125.04 (12).
AB362,3,20 19(c) A Class “A" license is subject to revocation for violation of any of the terms
20or provisions thereof.
AB362,4 21Section 4 . 125.26 (2u) of the statutes is amended to read:
AB362,4,1222 125.26 (2u) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
23addition to the authorization specified in sub. (1), a Class “B" license issued under
24this section to a caterer also authorizes the caterer to provide fermented malt
25beverages, including their retail sale, at the National Railroad Museum in Green

1Bay during special events held at this museum. Notwithstanding sub. (1), a caterer
2may provide fermented malt beverages under this subsection at any location at the
3National Railroad Museum even though the National Railroad Museum is not part
4of the caterer's licensed premises, as described under sub. (3) (a) in the caterer's
5Class “B" license, and even if the National Railroad Museum is not located within the
6municipality that issued the caterer's Class “B" license. A caterer that provides
7fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the
8fermented malt beverages were provided on the caterer's Class “B" licensed
9premises. This subsection does not authorize the National Railroad Museum to sell
10fermented malt beverages at retail or to procure or stock fermented malt beverages
11for purposes of retail sale. This subsection does not apply if, at any time, the National
12Railroad Museum holds a Class “B" license.
AB362,5 13Section 5 . 125.26 (2w) of the statutes is amended to read:
AB362,5,414 125.26 (2w) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
15addition to the authorization specified in sub. (1), a Class “B" license issued under
16this section to a caterer also authorizes the caterer to provide fermented malt
17beverages, including their retail sale, at the Heritage Hill state park during special
18events held at this park. Notwithstanding sub. (1), a caterer may provide fermented
19malt beverages under this subsection at any location at the Heritage Hill state park
20even though the Heritage Hill state park is not part of the caterer's licensed
21premises, as described under sub. (3) (a) in the caterer's Class “B" license, and even
22if the Heritage Hill state park is not located within the municipality that issued the
23caterer's Class “B" license. A caterer that provides fermented malt beverages under
24this subsection is subject to s. 125.32 (2) as if the fermented malt beverages were
25provided on the caterer's Class “B" licensed premises. This subsection does not

1authorize the Heritage Hill state park to sell fermented malt beverages at retail or
2to procure or stock fermented malt beverages for purposes of retail sale. This
3subsection does not apply if, at any time, the Heritage Hill state park holds a Class
4“B" license.
AB362,6 5Section 6 . 125.26 (2x) of the statutes is amended to read:
AB362,6,36 125.26 (2x) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
7addition to the authorization specified in sub. (1), a Class “B" license issued under
8this section also authorizes the licensee to provide fermented malt beverages,
9including their retail sale, at specific locations within the Ozaukee County
10fairgrounds for consumption at these locations during special events held at the
11fairgrounds, if the Ozaukee County board adopts a resolution approving the licensee
12and if the licensee's Class “B” licensed premises are located in Ozaukee County.
13Notwithstanding sub. (1), a licensee may provide fermented malt beverages under
14this subsection at the Ozaukee County fairgrounds even though the Ozaukee County
15fairgrounds are not part of the licensee's licensed premises, as described under sub.
16(3) (a) in the licensee's Class “B” license, and even if the Ozaukee County fairgrounds
17are not located within the municipality that issued the Class “B” license. A licensee
18that provides fermented malt beverages under this subsection is subject to s. 125.32
19(2) as if the fermented malt beverages were provided on the licensee's Class “B”
20licensed premises. Notwithstanding s. 125.34 (4) and (5), a wholesaler may deliver
21fermented malt beverages to the Ozaukee County fairgrounds to a licensee approved
22by the Ozaukee County board under this subsection and such an approved licensee
23may transport fermented malt beverages from its licensed premises to the Ozaukee
24County fairgrounds for purposes of selling the fermented malt beverages at the
25Ozaukee County fairgrounds. This subsection does not authorize Ozaukee County

1or any person operating or managing the Ozaukee County fairgrounds to sell
2fermented malt beverages at retail or to procure or stock fermented malt beverages
3for purposes of retail sale.
AB362,7 4Section 7 . 125.26 (3) of the statutes is renumbered 125.26 (3) (a) and amended
5to read:
AB362,6,116 125.26 (3) (a) Class “B" licenses shall particularly describe the premises for
7which issued and. The premises for a Class “B” license may include, if described in
8the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
9with any structure described as licensed premises in the license application, even if
10the parking spaces are not contiguous with the remainder of the Class “B” licensed
11premises.
AB362,6,12 12(b) Class “B” licenses are not transferable, except as provided in s. 125.04 (12).
AB362,6,14 13(c) A Class “B" license is subject to revocation for violation of any of the terms
14or provisions thereof.
AB362,8 15Section 8 . 125.272 of the statutes is renumbered 125.272 (1) and amended to
16read:
AB362,6,2117 125.272 (1) Except as provided in ss. 125.26 (2m), (2s), and (2x) and 125.27 (4)
18and except with respect to caterers, and subject to sub. (2), a retail license issued
19under s. 125.25 or 125.26, and a retail permit issued under s. 125.27, authorizes only
20face-to-face sales to consumers at the premises described in the retail license or
21permit.
AB362,9 22Section 9 . 125.272 (2) of the statutes is created to read:
AB362,7,223 125.272 (2) (a) In this subsection, “remote order” means an order for the sale
24of alcohol beverages that is placed by telephone or Internet by a consumer who

1asserts at the time of placing the order that he or she has attained the legal drinking
2age.
AB362,7,83 (b) If a Class “A” licensee receives a remote order for fermented malt beverages
4that the consumer will pick up at a parking space that is part of the Class “A” licensed
5premises, the sale of fermented malt beverages occurs at the time the consumer takes
6possession of the fermented malt beverages at the parking space that is part of the
7Class “A” licensed premises, regardless of when the consumer makes payment for the
8fermented malt beverages.
AB362,7,169 (c) If a restaurant holding a Class “B” license receives a remote order for
10fermented malt beverages that the consumer will pick up at a parking space that is
11part of the Class “B” licensed premises, the sale of fermented malt beverages occurs
12at the time the consumer takes possession of the fermented malt beverages at the
13parking space that is part of the Class “B” licensed premises, regardless of when the
14consumer makes payment for the fermented malt beverages. Notwithstanding s.
15125.26 (1), a restaurant's sale of fermented malt beverages made by remote order
16under this paragraph is authorized only for consumption off the licensed premises.
AB362,10 17Section 10. 125.51 (2) (c) of the statutes is renumbered 125.51 (2) (c) 1. and
18amended to read:
AB362,7,2419 125.51 (2) (c) 1. “Class A" licenses shall particularly describe the premises for
20which issued and. The premises for a “Class A” license may include, if described in
21the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
22with any structure described as licensed premises in the license application, even if
23the parking spaces are not contiguous with the remainder of the “Class A” licensed
24premises.
AB362,7,25 252. “Class A” licenses are not transferable, except as provided in s. 125.04 (12).
AB362,11
1Section 11. 125.51 (3) (bu) of the statutes is amended to read:
AB362,8,172 125.51 (3) (bu) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
3addition to the authorization specified in sub. (1) (a) and in sub. (3) (a) or (b), a “Class
4B" license issued under sub. (1) to a caterer also authorizes the caterer to provide
5intoxicating liquor, including its retail sale, at the National Railroad Museum in
6Green Bay during special events held at this museum. Notwithstanding subs. (1) (a)
7and (3) (a) and (b), a caterer may provide intoxicating liquor under this paragraph
8at any location at the National Railroad Museum even though the National Railroad
9Museum is not part of the caterer's licensed premises, as described under par. (d) 1.
10in the caterer's “Class B" license, and even if the National Railroad Museum is not
11located within the municipality that issued the caterer's “Class B" license. A caterer
12that provides intoxicating liquor under this paragraph is subject to s. 125.68 (2) as
13if the intoxicating liquor were provided on the caterer's “Class B" licensed premises.
14This paragraph does not authorize the National Railroad Museum to sell
15intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of
16retail sale. This paragraph does not apply if, at any time, the National Railroad
17Museum holds a “Class B" license.
AB362,12 18Section 12 . 125.51 (3) (bw) of the statutes is amended to read:
AB362,9,819 125.51 (3) (bw) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
20addition to the authorization specified in par. (a) or (b) and in sub. (1) (a), a “Class
21B" license issued under sub. (1) to a caterer also authorizes the caterer to provide
22intoxicating liquor, including its retail sale, at the Heritage Hill state park during
23special events held at this park. Notwithstanding pars. (a) and (b) and sub. (1) (a),
24a caterer may provide intoxicating liquor under this paragraph at any location at the
25Heritage Hill state park even though the Heritage Hill state park is not part of the

1caterer's licensed premises, as described under par. (d) 1. in the caterer's “Class B"
2license, and even if the Heritage Hill state park is not located within the municipality
3that issued the caterer's “Class B" license. A caterer that provides intoxicating liquor
4under this paragraph is subject to s. 125.68 (2) as if the intoxicating liquor were
5provided on the caterer's “Class B" licensed premises. This paragraph does not
6authorize the Heritage Hill state park to sell intoxicating liquor at retail or to procure
7or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply
8if, at any time, the Heritage Hill state park holds a “Class B" license.
AB362,13 9Section 13 . 125.51 (3) (bx) of the statutes is amended to read:
AB362,9,2510 125.51 (3) (bx) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
11addition to the authorization specified in par. (a) or (b) and in sub. (1) (a), a “Class
12B" license issued under sub. (1) also authorizes the licensee to provide intoxicating
13liquor, including its retail sale, at specific locations within the Ozaukee County
14fairgrounds for consumption at these locations during special events held at the
15fairgrounds, if the Ozaukee County board adopts a resolution approving the licensee
16and if the licensee's “Class B” licensed premises are located in Ozaukee County.
17Notwithstanding pars. (a) and (b) and sub. (1) (a), a licensee may provide intoxicating
18liquor under this paragraph at the Ozaukee County fairgrounds even though the
19Ozaukee County fairgrounds are not part of the licensee's licensed premises, as
20described under par. (d) 1. in the licensee's “Class B” license, and even if the Ozaukee
21County fairgrounds are not located within the municipality that issued the licensee's
22“Class B” license. A licensee that provides intoxicating liquor under this paragraph
23is subject to s. 125.68 (2) as if the intoxicating liquor were provided on the licensee's
24“Class B” licensed premises. This paragraph does not authorize Ozaukee County or
25any person operating or managing the Ozaukee County fairgrounds to sell

1intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of
2retail sale.
AB362,14 3Section 14 . 125.51 (3) (d) of the statutes is renumbered 125.51 (3) (d) 1. and
4amended to read:
AB362,10,105 125.51 (3) (d) 1. “Class B" licenses shall particularly describe the premises for
6which issued and. The premises for a “Class B” license may include, if described in
7the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
8with any structure described as licensed premises in the license application, even if
9the parking spaces are not contiguous with the remainder of the “Class B” licensed
10premises.
AB362,10,11 112. “Class B” licenses are not transferable, except as provided in s. 125.04 (12).
AB362,15 12Section 15 . 125.51 (6) of the statutes is renumbered 125.51 (6) (a) and
13amended to read:
AB362,10,1714 125.51 (6) (a) Except as provided in subs. (3) (bm), (bs), and (bx) and (5) (e) and
15except with respect to caterers, and subject to par. (b), a retail license or permit issued
16under this section authorizes only face-to-face sales to consumers at the premises
17described in the retail license or permit.
AB362,16 18Section 16 . 125.51 (6) (b) of the statutes is created to read:
AB362,10,2019 125.51 (6) (b) 1. In this paragraph, “remote order” has the meaning given in s.
20125.272 (2) (a).
AB362,11,221 2. If a “Class A” licensee receives a remote order for intoxicating liquor that the
22consumer will pick up at a parking space that is part of the “Class A” licensed
23premises, the sale of intoxicating liquor occurs at the time the consumer takes
24possession of the intoxicating liquor at the parking space that is part of the “Class

1A” licensed premises, regardless of when the consumer makes payment for the
2intoxicating liquor.
AB362,11,123 3. If a restaurant holding a “Class B” license receives a remote order for
4intoxicating liquor that the consumer will pick up at a parking space that is part of
5the “Class B” licensed premises, the sale of intoxicating liquor occurs at the time the
6consumer takes possession of the intoxicating liquor at the parking space that is part
7of the “Class B” licensed premises, regardless of when the consumer makes payment
8for the intoxicating liquor. Notwithstanding sub. (3) (a) to (b), a restaurant's sale of
9intoxicating liquor made by remote order under this subdivision is authorized only
10for consumption off the licensed premises. This subdivision does not affect any
11restriction under sub. (3) (a) to (b) on a “Class B” licensee's authorization to sell
12intoxicating liquor for consumption off the licensed premises.
AB362,11,1313 (End)
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