LRB-5781/1
ARG:kjf
2019 - 2020 LEGISLATURE
February 27, 2020 - Printed by direction of Senate Chief Clerk.
AB869-engrossed,1,9 1An Act to renumber and amend 125.12 (5); to amend 125.29 (3) (j), 125.295
2(1) (i), 125.32 (3) (c), 125.68 (4) (c) 4. and 346.657 (1); and to create 125.06 (14),
3125.07 (3) (a) 17., 125.12 (5) (b), 125.26 (2v), 125.27 (5), 125.32 (3m) (k), 125.51
4(3) (bv) and 125.51 (5) (f) of the statutes; relating to: the issuance by the
5Department of Revenue of retail alcohol beverage permits for motor vehicle
6racetrack grounds; authorizing caterers to make retail sales of alcohol
7beverages on racetrack grounds; sales of alcohol beverages at the state fair
8park; closing hours for certain alcohol beverage retailers; and the safe ride
9program surcharge.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2019 Assembly Bill 869, as passed by the assembly on
February 20, 2020, consists of the following documents adopted in the assembly on
February 20, 2020: the bill as affected by Assembly Amendments 1 and 3. The text
also includes the February 28, 2020, chief clerk's corrections to Assembly
Amendments 1 and 3.

Content of Engrossed 2019 Assembly Bill 869:
This bill authorizes the Department of Revenue to issue retail alcohol beverage
permits for motor vehicle racetrack grounds and authorizes caterers to make retail
sales of alcohol beverages on racetrack grounds. The bill creates a licensing
exception allowing retail sales of alcohol beverages at the state fair park and creates
an exception allowing southeast Wisconsin municipalities to authorize extended
closing hours for certain alcohol beverage retailers during the time that the 2020
Democratic National Convention is held in Milwaukee. The bill also increases the
amount of the safe ride program surcharge.
New retail permit issued by DOR
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. Municipalities may issue retail Class “B” licenses authorizing the sale of
fermented malt beverages (beer), and retail “Class B” licenses authorizing the sale
of intoxicating liquor, which includes wine and distilled spirits, to consumers. Under
certain circumstances, DOR may issue retail Class “B” and “Class B” permits
authorizing the retail sale of beer and intoxicating liquor to consumers.
This bill also authorizes DOR to issue retail Class “B” and “Class B” permits for
racetrack grounds. The bill defines “racetrack grounds" as property consisting of at
least 300 acres containing a motor vehicle racetrack at least four miles in length
capable of hosting professional racing events, and includes any building or other
structure on this property associated with the racetrack or with services provided in
connection with events held at the racetrack. Under the bill, DOR may issue
Class “B" and “Class B” permits, for locations within racetrack grounds, to the owner
or operator of the racetrack grounds or to any person designated by the owner or
operator of the racetrack grounds to operate premises located within the racetrack
grounds. Class “B” and “Class B” permits issued by DOR for racetrack grounds
authorize the retail sale of beer and intoxicating liquor at the location within the
racetrack grounds specified in the permit, for possession and consumption anywhere
within the racetrack grounds. Class “B” and “Class B” permits do not authorize the
sale of beer and intoxicating liquor for consumption away from the racetrack grounds
and do not authorize the sale of beer and intoxicating liquor at any designated
camping area on racetrack grounds while the area is in use for camping. The bill
contains an exception allowing underage persons to be present on those locations at
racetrack grounds for which Class “B” or “Class B” permits are issued.
Retail sales by caterers off licensed premises
Current law generally requires a retail licensee to make retail sales of alcohol
beverages only in a face-to-face transaction on the retail licensed premises,
although the retail licensee may thereafter deliver and serve the alcohol beverages
at another location. An exception allows a caterer to make retail sales off its licensed
premises during a special event held at the National Railroad Museum in Green Bay
or at the Heritage Hill State Park, if no retail license has been issued for this museum
or park. A “caterer” is defined as a person who holds a restaurant license and who
is in the business of preparing food and transporting it for consumption at
gatherings, meetings, or events if the sale of food at each gathering, meeting, or event

accounts for greater than 50 percent of the gross receipts of all of the food and
beverages served at the gathering, meeting, or event.
This bill allows a caterer to make retail sales of alcohol beverages off its licensed
premises on racetrack grounds, except at a designated camping area while the area
is in use for camping and except on premises for which DOR has issued a retail permit
for the racetrack grounds.
Retail license exception for state fair park
The bill creates a licensing exception under which a person who meets certain
qualifications and is approved by the State Fair Park Board may, without a retail
license or permit, make retail sales of alcohol beverages at the state fair park for
consumption at the state fair park. The same approval is required for a brewer or
brewpub that makes retail sales at the state fair park.
Closing hours for certain retailers
Under current law, 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 restrictions, the retail sale of intoxicating liquor in
original packages for consumption off the licensed premises. Class “B” and “Class
B” licenses are often issued together for restaurants and taverns. A “Class C" license,
which may be issued only for a restaurant, authorizes the retail sale of wine for
consumption on the premises. A retailer operating under a Class “B," “ Class B,” or
“Class C” license may not remain open between the hours of 2 a.m. and 6 a.m. on
weekdays or between 2:30 a.m. and 6 a.m. on Saturday and Sunday, and a
municipality may not impose different closing hours by ordinance. However, there
is no closing hour on January 1 for Class “B” and “Class B” licensed retailers. The
hours during which a Class “B” or “Class B” licensed retailer may make sales for
off-premises consumption are more limited, with these sales prohibited from
midnight to 6 a.m., although a municipality may, by ordinance, impose more
restrictive hours for these sales.
This bill creates a closing hour exception that may be available for Class “B,”
“Class B,” and “Class C” licensees operating in a municipality any part of which is
located within Kenosha, Racine, Walworth, Rock, Milwaukee, Waukesha, Jefferson,
Dane, Ozaukee, Washington, Dodge, Columbia, Sheboygan, or Fond du Lac County
(southeast Wisconsin municipality). Under the bill, from July 13 to July 17, 2020,
the closing hour for a Class “B,” “Class B,” or “Class C” licensed premises in a
southeast Wisconsin municipality is 4 a.m. if the municipality issuing the license has
adopted a resolution allowing extended closing hours and, upon application by a
licensee, has authorized the extended closing hour for that licensee. This bill does
not affect the hours during which a Class “B” or “Class B” licensee may make sales
for off-premises consumption.
Safe ride program surcharge
Current law imposes a safe ride program surcharge of $50 upon a person
convicted of operating a vehicle while under the influence of an intoxicant, with a
detectable amount of a restricted controlled substance in one's blood, or with a

prohibited alcohol concentration. This bill increases the amount of the safe ride
program surcharge to $75.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB869-engrossed,1c 1Section 1 c. 125.06 (14) of the statutes is created to read:
AB869-engrossed,4,72 125.06 (14) Alcohol beverage sales at state fair park. The retail sale of
3alcohol beverages at the state fair park, by any person approved by the state fair park
4board by resolution to make such sales, for consumption at the state fair park. The
5state fair park board may not grant to a person approval under this subsection unless
6the person meets the qualifications under s. 125.04 (5) (a) 1., 3., 4., and 5., (b), and
7(c).
AB869-engrossed,1e 8Section 1e. 125.07 (3) (a) 17. of the statutes is created to read:
AB869-engrossed,4,109 125.07 (3) (a) 17. Premises for which a Class “B" permit is issued under s.
10125.27 (5) or a “Class B" permit is issued under s. 125.51 (5) (f).
AB869-engrossed,2 11Section 2 . 125.12 (5) of the statutes is renumbered 125.12 (5) (a) and amended
12to read:
AB869-engrossed,4,1813 125.12 (5) (a) The department may, after notice and an opportunity for hearing,
14revoke, suspend, or refuse to renew any retail permit issued by it for the causes
15provided in sub. (4) and any other permit issued by it under this chapter for any
16violation of this chapter or ch. 139, except that, for a violation of sub. (4) (ag) 6. with
17respect to a license issued under s. 125.51 (4) (v) or
a violation of s. 125.535 or
18139.035, the department shall revoke the license or permit.
AB869-engrossed,4,20 19(c) A revocation, suspension, or refusal to renew a permit under par. (a) or (b)
20is a contested case under ch. 227.
AB869-engrossed,3 21Section 3 . 125.12 (5) (b) of the statutes is created to read:
AB869-engrossed,5,5
1125.12 (5) (b) The department may, after notice and an opportunity for hearing,
2revoke any permit issued under s. 125.27 (5) or 125.51 (5) (f) to a person designated
3by the owner or operator of racetrack grounds as provided in s. 125.27 (5) (b) or 125.51
4(5) (f) 2. if the person's designation has terminated or the owner or operator of the
5racetrack grounds has otherwise rescinded the person's designation.
AB869-engrossed,5 6Section 5 . 125.26 (2v) of the statutes is created to read:
AB869-engrossed,5,197 125.26 (2v) (a) Subject to pars. (b) and (c), and notwithstanding ss. 125.04 (3)
8(a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization specified
9in sub. (1), a Class “B" license issued under this section to a caterer also authorizes
10the caterer to provide fermented malt beverages, including their retail sale, on
11racetrack grounds, as defined in s. 125.27 (5) (a). Subject to pars. (b) and (c), and
12notwithstanding sub. (1) and s. 125.32 (6) (a), a caterer may provide fermented malt
13beverages under this paragraph at any location on racetrack grounds even though
14the racetrack grounds are not part of the caterer's licensed premises, as described
15under sub. (3) in the caterer's Class “B" license, and even if the racetracks grounds
16are not located within the municipality that issued the caterer's Class “B" license.
17A caterer that provides fermented malt beverages under this paragraph is subject
18to s. 125.32 (2) and (3) as if the fermented malt beverages were provided on the
19caterer's Class “B" licensed premises.
AB869-engrossed,5,2120 (b) A caterer may not provide fermented malt beverages under par. (a) at any
21designated camping area on racetrack grounds while the area is in use for camping.
AB869-engrossed,5,2322 (c) A caterer may not provide fermented malt beverages under par. (a) on any
23premises covered by a permit issued under s. 125.27 (5) or 125.51 (5) (f).
AB869-engrossed,7 24Section 7 . 125.27 (5) of the statutes is created to read:
AB869-engrossed,6,6
1125.27 (5) Permits for racetrack grounds. (a) In this subsection, “racetrack
2grounds" means real property consisting of at least 300 acres containing a motor
3vehicle racetrack at least 4 miles in length capable of hosting professional racing
4events, and includes any building or other structure on this property associated with
5the racetrack or with services provided in connection with events held at the
6racetrack.
AB869-engrossed,6,167 (b) The department may issue Class “B" permits for locations within racetrack
8grounds to any person that holds a valid certificate issued under s. 73.03 (50), that
9is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the
10racetrack grounds or is designated by the owner or operator of the racetrack grounds
11to operate premises located within the racetrack grounds. Subject to par. (e), the
12permit authorizes the retail sale of fermented malt beverages on the premises
13covered by the permit, for consumption anywhere within the racetrack grounds. If
14the department issues more than one permit under this subsection for the same
15racetrack grounds, no part of the premises covered by a permit under this subsection
16may overlap with premises covered by any other permit issued under this subsection.
AB869-engrossed,6,1817 (c) Persons holding a permit under par. (b) may sell beverages containing less
18than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.
AB869-engrossed,6,2119 (d) Subject to ss. 125.07 (3) (a) 17. and 125.32 (3) (c) and (3m) (k), all provisions
20of this chapter applying to Class “B" licenses apply to Class “B" permits issued under
21this subsection, except as follows:
AB869-engrossed,6,2322 1. A permit issued under this subsection does not authorize retail sales of
23fermented malt beverages for consumption off the racetrack grounds.
AB869-engrossed,7,3
12. A permit issued under this subsection authorizes the retail sale of fermented
2malt beverages for possession and consumption off the premises where sold if the
3possession and consumption occurs within the racetrack grounds.
AB869-engrossed,7,64 (e) A permit issued under this subsection does not authorize retail sales of
5fermented malt beverages at any designated camping area on racetrack grounds
6while the area is in use for camping.
AB869-engrossed,7,87 (f) The department shall establish a fee for a permit issued under this
8subsection in the amount of 50 percent of the fee for a permit issued under sub. (1).
AB869-engrossed,8g 9Section 8g. 125.29 (3) (j) of the statutes is amended to read:
AB869-engrossed,7,1410 125.29 (3) (j) The ownership, maintenance, or operation of places for the sale
11of fermented malt beverages at the state fair park or on any county fairgrounds
12located in this state. A brewer may not make retail sales of fermented malt beverages
13at the state fair park unless the state fair park board has, by resolution, approved
14the brewer to make such sales.
Loading...
Loading...