LRB-0694/P1
EVM:amn
2021 - 2022 LEGISLATURE
DOA:......Ziegler, BB0222 - Expanded bar hours during special events
For 2021-2023 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
commerce and economic development
Commerce
Extended closing hours during special events
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 authorizes the retail sale of intoxicating liquor, which includes wine and distilled spirits, 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. 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.
This bill allows a municipality to designate by ordinance a special event lasting fewer than eight consecutive days during which closing hours for premises that obtain a special event permit from the municipality and that are operating under a Class “B,” “Class B,” or “Class C” license in the municipality are extended. Under the bill, the municipality may extend the closing hour for such premises to no later than 4 a.m. during the special event. A municipality may not designate more than four special events in a calendar year.
For further information see the state and 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:
Section
1. 125.32 (3) (a) of the statutes is amended to read:
125.32 (3) (a) No premises for which a Class “B" license or permit is issued may remain open between the hours of 2 a.m. and 6 a.m., except as provided in this paragraph and par. pars. (c)
and (e). On Saturday and Sunday, the closing hours shall be between 2:30 a.m. and 6 a.m. except that, on the Sunday that daylight saving time begins as specified in s. 175.095 (2), the closing hours shall be between 3:30 a.m. and 6 a.m. On January 1 premises operating under a Class “B" license or permit are not required to close.
Section
2. 125.32 (3) (c) of the statutes is amended to read:
125.32 (3) (c) Hotels and restaurants the principal business of which is the furnishing of food and lodging to patrons, bowling centers, movie theaters, painting studios, indoor golf and baseball facilities, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell fermented malt beverages during the hours specified in par. (a) or (e).
Section
3. 125.32 (3) (e) of the statutes is created to read:
125.32 (3) (e) A municipality may, by ordinance enacted by at least a two-thirds vote of the municipality's governing body, designate a special event lasting fewer than 8 consecutive days during which special closing hours apply to premises holding a special event permit for the event issued by the municipality. During a special event designated under this paragraph, the closing hours for premises holding a special event permit and operating under a Class “B” license shall be between 4 a.m. and 6 a.m. Notwithstanding par. (d), a municipality may, by ordinance, impose more restrictive hours during a special event than those provided in this paragraph, but may not impose more restrictive hours than those specified in par. (a) or (c). A municipality may not designate more than 4 special events in a calendar year. A municipality may charge a fee for a special event permit under this paragraph. Moneys collected for special event permits under this paragraph shall be used for purposes related to the special event.
Section
4. 125.68 (4) (c) 1. of the statutes is amended to read:
125.68 (4) (c) 1. Subject to subds. 3. and 6. and s. 125.51 (3r) (a) 3., no premises for which a “Class B" license or permit or a “Class C" license has been issued may remain open between the hours of 2 a.m. and 6 a.m., except as otherwise provided in this subdivision and subd. subds. 4. and 7. On January 1 premises operating under a “Class B" license or permit are not required to close. On Saturday and Sunday, no premises may remain open between 2:30 a.m. and 6 a.m. except that, on the Sunday that daylight saving time begins as specified in s. 175.095 (2), no premises may remain open between 3:30 a.m. and 6 a.m. This subdivision does not apply to a “Class B" license issued to a winery under s. 125.51 (3) (am).
Section
5. 125.68 (4) (c) 4. of the statutes is amended to read:
125.68 (4) (c) 4. Hotels and restaurants the principal business of which is the furnishing of food, drinks or lodging to patrons, bowling centers, movie theaters, painting studios, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell intoxicating liquor during the closing hours under subd. 1. or 7. or, with respect to the sale of intoxicating liquor authorized under s. 125.51 (3r) (a), under subd. 3.
Section
6. 125.68 (4) (c) 7. of the statutes is created to read:
125.68 (4) (c) 7. A municipality may by ordinance designate a special event lasting fewer than 8 consecutive days during which special closing hours apply to premises holding a special event permit issued by the municipality for the event. During a special event designated under this subdivision, the closing hours for premises holding a special event permit and operating under a “Class B” or “Class C” license shall be between 4 a.m. and 6 a.m. Notwithstanding subd. 5., a municipality may, by ordinance, impose more restrictive hours during a special event than those provided in this subdivision, but may not impose more restrictive hours than those specified in subd. 1. or 3. A municipality may not designate more than 4 special events in a calendar year. A municipality may charge a fee for a special event permit under this subdivision. Moneys collected for special event permits under this subdivision shall be used for purposes related to the special event.
Section 9451.
Effective dates; Other.
(1) Extended closing hours during special events. The treatment of ss. 125.32 (3) (a), (c), and (e) and 125.68 (4) (c) 1., 4., and 7. takes effect on January 1, 2022.
(End)
