2019 - 2020 LEGISLATURE
August 14, 2019 - Introduced by Senators Bewley and Kooyenga, cosponsored by
Representatives B. Meyers, Anderson, Milroy, Ohnstad, Spreitzer and C.
Taylor. Referred to Committee on Public Benefits, Licensing and
1An Act to create
125.02 (5m), 125.51 (4) (br) 1. i. and 125.51 (4) (m) of the 2
statutes; relating to: retail liquor license quotas.
Analysis by the Legislative Reference Bureau
This bill allows a municipality that has reached its liquor license quota to issue
one additional license if certain conditions exist.
Current law prohibits a person from selling alcohol beverages at retail unless
the seller possesses a license or permit authorizing the sale. A “Class B" license
authorizes the retail sale of intoxicating liquor for consumption on the retail
premises and, subject to restrictions, the retail sale of intoxicating liquor in original
packages for consumption off the retail premises. Current law imposes a quota on
the number of “Class B" licenses that a municipality may issue. This quota is
generally determined by a formula based on the number of licenses previously issued
by the municipality and the municipality's population.
This bill modifies the quota formula to provide a municipality with one
additional “Class B" license if the municipality has already reached its quota and if
no “Class B" licensed establishment in the municipality satisfies current
accessibility standards for public accommodations under the federal Americans with
Disabilities Act (ADA). The additional “Class B" license may be issued only for an
establishment that satisfies ADA public accommodation accessibility standards for
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 (5m) of the statutes is created to read:
“Federal accessibility standards" means the standards under the 3
accessibility guidelines for Title III of the federal Americans With Disabilities Act, 442 USC 12181
, and regulations adopted under the act, 28 CFR 36
125.51 (4) (br) 1. i. of the statutes is created to read:
(br) 1. i. Add one license if the clerk of the municipality has provided 7
notice under par. (m) and, one year after this notice, no establishment operated under 8
a “Class B" license in the municipality satisfies federal accessibility standards, if the 9
total number of licenses issued by the municipality immediately prior to the notice 10
equaled the maximum number of licenses authorized under this subdivision, and if 11
the additional license under this subd. 1. i. is issued for an establishment that 12
satisfies federal accessibility standards for new construction.
125.51 (4) (m) of the statutes is created to read:
(m) Upon request by a resident of a municipality who knows or has 15
reason to believe that none of the “Class B" licensed establishments in the 16
municipality satisfy federal accessibility standards, the clerk of the municipality 17
shall provide notice to each “Class B" licensee in the municipality of the content of 18
par. (br) 1. i.
This act takes effect on the first day of the 3rd month beginning after 2