AB100-engrossed,1524,224
(b) The
department state superintendent shall submit to the governor, and to
25the legislature under s. 13.172 (2), a report summarizing the requests made by school
1boards under par. (a) and the increases granted by the
department state
2superintendent.
AB100-engrossed,1524,94
121.91
(6) In determining a school district's limit under sub. (2m) (c) for the
51997-98 school year, if the average of the number of pupils enrolled in the current
6and the 2 preceding school years, as calculated under sub. (2m) (c) 4., is more than
72% less than the average of the number of pupils enrolled in the 3 previous school
8years, as calculated under sub. (2m) (c) 1., the school district's limit shall be
9calculated as if the decrease had been 2%.
AB100-engrossed,1524,1211
121.92
(2) (intro.) The
department
state superintendent shall do all of the
12following:
AB100-engrossed,1524,1614
125.02
(14) "Person" means a natural person, sole proprietorship, partnership,
15limited liability company, corporation or association
or the owner of a single-owner
16entity that is disregarded as a separate entity under ch. 71.
AB100-engrossed,1524,23
18125.039 Civil liability exemption for retaining proofs of age. No person
19who holds a license or permit and no employe of such a person is civilly liable for
20retaining a document presented as proof of age for a reasonable length of time in a
21good faith effort to determine whether the person who presented the document is an
22underage person or to notify a law enforcement authority of a suspected violation of
23s. 125.085 (3) (a) or (b).
AB100-engrossed,1525,2
1125.04
(5) (a) 1. Do not have an arrest or conviction record, subject to ss.
2111.321, 111.322
and, 111.335
and 125.12 (1) (b).
AB100-engrossed,1525,124
125.04
(5) (a) 5. Have successfully completed within the 2 years prior to the
5date of application a responsible beverage server training course at any location that
6is offered by a technical college district and that conforms to curriculum guidelines
7specified by the technical college system board or a comparable training course that
8is approved by the department or the
department of education educational approval
9board. This subdivision does not apply to an applicant who held, or who was an agent
10appointed and approved under sub. (6) of a corporation or limited liability company
11that held, within the past 2 years, a Class "A", "Class A" or "Class C" license or a
12Class "B" or "Class B" license or permit or a manager's or operator's license.
AB100-engrossed,1525,2314
125.04
(12) (a)
From place to place. Every alcohol beverage license or permit
15may be transferred to another place or premises within the same municipality. An
16alcohol beverage warehouse permit under s. 125.19, a winery permit under s. 125.53
17or an intoxicating liquor wholesaler's permit under s. 125.54 may be transferred to
18another premises within this state. Transfers shall be made by the issuing authority
19upon payment of a fee of $10. No retail licensee, retail permittee, intoxicating liquor
20wholesaler or holder of a warehouse or winery permit is entitled to more than one
21transfer during the license or permit year.
This paragraph does not apply to a license
22issued under s. 125.51 (4) (v) or to a reserve "Class B" license, as defined in s. 125.51
23(4) (a).
AB100-engrossed,1526,9
1125.085
(3) (a) 1. No person may make, alter or duplicate an official
2identification card, provide an official identification card to an underage person or
3knowingly provide other documentation to an underage person purporting to show
4that the underage person has attained the legal drinking age. No person may possess
5an official identification card or other documentation used for proof of age with the
6intent of providing it to an underage person. Except as provided in subds. 2. and 3.,
7any person who violates this subdivision may be fined not less than
$100 $300 nor
8more than
$500 $1,250 or imprisoned for not less than 10 days nor more than 30 days
9or both.
AB100-engrossed,1526,1511
125.085
(3) (bd) Any underage person who violates par. (b) is subject to a
12forfeiture of not less than
$100 $300 nor more than
$500 $1,250, suspension of the
13person's operating privilege under s. 343.30 (6) (bm), participation in a supervised
14work program or other community service work under par. (bh) or any combination
15of these penalties.
AB100-engrossed,1526,2517
125.10
(1) Authorization. Any municipality may enact regulations
18incorporating any part of this chapter and may prescribe additional regulations for
19the sale of alcohol beverages, not in conflict with this chapter. The municipality may
20prescribe forfeitures or license suspension or revocation for violations of any such
21regulations. Regulations providing forfeitures or license suspension or revocation
22must be adopted by ordinance.
No municipality may enact or enforce any regulation
23relating to providing alcohol beverages to an underage or intoxicated person, to an
24underage person's presence on premises or to an underage person's possession of
25alcohol beverages unless the regulation strictly conforms with s. 125.07.
AB100-engrossed,1527,53
125.12
(1) (a)
Any Except as provided in par. (b), any municipality or the
4department may revoke, suspend or refuse to renew any license or permit under this
5chapter, as provided in this section.
AB100-engrossed,1527,87
125.12
(1) (b) 1. In this paragraph, "violation" means a violation of s. 125.07
8(1) (a), or a local ordinance that strictly conforms to s. 125.07 (1) (a).
AB100-engrossed,1527,139
2. No violation may be considered under this section or s.125.04 (5) (a) 1. unless
10the licensee or permittee has committed another violation within one year preceding
11the violation. If a licensee or permittee has committed 2 or more violations within
12one year, all violations committed within one year of a previous violation may be
13considered under this section or s. 125.04 (5) (a) 1.
AB100-engrossed,1527,2316
125.12
(2) (b) 2. If the licensee appears as required by the summons and denies
17the complaint, both the complainant and the licensee may produce witnesses,
18cross-examine witnesses and be represented by counsel. The licensee shall be
19provided a written transcript of the hearing at his or her expense. If the hearing is
20held before the municipal governing body and the complaint is found to be true, the
21license shall either be suspended for not less than 10 days nor more than 90 days or
22revoked
, except that, if a complaint under par. (ag) 4. is found to be true with respect
23to a license issued under s. 125.51 (4) (v), the license shall be revoked.
AB100-engrossed,1528,15
1125.12
(4) (b)
Procedure on hearing. If the licensee does not appear as required
2by the summons, the allegations of the complaint shall be taken as true and if the
3court finds the allegations sufficient, it shall order the license either suspended for
4not more than 90 days or revoked
, except that, for allegations under par. (ag) 6. with
5respect to a license issued under s. 125.51 (4) (v), it shall order the license revoked.
6The clerk of the court shall give notice of the suspension or revocation to the person
7whose license is suspended or revoked. If the licensee appears and answers the
8complaint, the court shall fix a date for the hearing not more than 30 days after the
9return date of the summons. The hearing shall be had before the court without a jury.
10If upon the hearing the court finds the allegations of the complaint to be true, it shall
11order the license either suspended for not more than 90 days or revoked
, except that,
12if upon the hearing the court finds allegations under par. (ag) 6. to be true with
13respect to a license issued under s. 125.51 (4) (v), the court shall order that license
14revoked. If the court finds the allegations of the complaint to be untrue, the
15complaint shall be dismissed.
AB100-engrossed,1528,2417
125.12
(5) Revocations or suspensions of, or refusals to renew, permits by
18the department. The department may, after notice and an opportunity for hearing,
19revoke, suspend or refuse to renew any retail permit issued by it for the causes
20provided in sub. (4) and any other permit issued by it under this chapter for any
21violation of this chapter or ch. 139
, except that, for a violation of sub. (4) (ag) 6. with
22respect to a license issued under s. 125.51 (4) (v), the department shall revoke the
23license. A revocation, suspension or refusal to renew is a contested case under ch.
24227.
AB100-engrossed,1529,5
1125.17
(1) Authorization. Every municipal governing body
may shall issue
2operators' licenses an operator's license to any applicant who is qualified under s.
3125.04 (5). Operators' licenses may not be required other than for the purpose of
4complying with ss. 125.32 (2) and 125.68 (2). Operators' licenses may be issued only
5upon written application.
AB100-engrossed,1529,137
125.17
(6) (a) (intro.) Except as provided in par. (b), no municipal governing
8body may issue an operator's license unless the applicant has successfully completed
9a responsible beverage server training course at any location that is offered by a
10technical college district and that conforms to curriculum guidelines specified by the
11technical college system board or a comparable training course that is approved by
12the department or the
department of education educational approval board, or
13unless the applicant fulfills one of the following requirements:
AB100-engrossed, s. 2907dd
14Section 2907dd. 125.51 (3) (e) of the statutes is renumbered 125.51 (3) (e) 1.
15and amended to read:
AB100-engrossed,1529,2116
125.51
(3) (e) 1.
The Except as provided in subds. 2. and 3., the annual fee for
17a "Class B" license shall be
determined established by the municipal governing body
18and shall be the same for all "Class B" licenses, except that the minimum fee shall
19be $50 and the maximum fee shall be $500. The minimum fee
shall does not apply
20to licenses issued to bona fide clubs and lodges situated and incorporated in the state
21for at least 6 years.
AB100-engrossed,1530,523
125.51
(3) (e) 2. Each municipal governing body shall establish the fee, in an
24amount not less than $10,000, for an initial issuance of a reserve "Class B" license,
25as defined in sub. (4) (a) 4., except that the fee for an initial issuance of a reserve
1"Class B" license to a bona fide club or lodge situated and incorporated in the state
2for at least 6 years is the fee established under subd. 1. for such a club or lodge. The
3fee under this subdivision is in addition to any other fee required under this chapter.
4The annual fee for renewal of a reserve "Class B" license, as defined in sub. (4) (a)
51., is the fee established under subd. 1.
AB100-engrossed,1530,86
3. Each municipal governing body shall establish the annual fee for a "Class
7B" license issued under sub. (4) (v). The initial annual fee may be different from the
8annual fee to renew the license.
AB100-engrossed,1530,1310
125.51
(4) (a) 4. "Reserve "Class B" license" means a license that is not granted
11or issued by a municipality on the first day of the 2nd month beginning after the
12effective date of this subdivision .... [revisor inserts date], and that is counted under
13par. (br).
AB100-engrossed,1530,1615
125.51
(4) (am) No municipality may issue a license that would cause the
16municipality to exceed its quota.
AB100-engrossed,1530,1918
125.51
(4) (b) (intro.)
Except as provided in pars. (c) and (d), the The quota of
19each municipality is the
sum of the following:
AB100-engrossed,1530,23
201g. The number of licenses
granted or issued in good faith by the municipality
21under s. 176.05 (21) (h), 1975 stats., plus whichever of the following is the largest: 22and in force on the first day of the 2nd month beginning after the effective date of this
23subdivision .... [revisor inserts date].
AB100-engrossed,1531,32
125.51
(4) (b) 1m. The number of the municipality's reserve "Class B" licenses
3determined under par. (bm) 3.
AB100-engrossed,1531,65
125.51
(4) (bm) The clerk of each municipality shall record the municipality's
6population, as defined in par. (a) 2., and the number of licenses:
AB100-engrossed,1531,97
1. Authorized to be issued by the municipality on the first day of the 2nd month
8beginning after the effective date of this subdivision .... [revisor inserts date], under
9s. 125.51 (4), 1995 stats.;
AB100-engrossed,1531,1010
2. Described in par. (b) 1g.; and
AB100-engrossed,1531,1111
3. That are reserve "Class B" licenses.
AB100-engrossed,1531,1413
125.51
(4) (br) 1. Except as provided in subd. 2., the number of reserve "Class
14B" licenses authorized to be issued by a municipality shall be determined as follows:
AB100-engrossed,1531,1515
a. Subtract 3 from the number recorded under par. (bm) 1.
AB100-engrossed,1531,1716
b. Subtract the number recorded under par. (bm) 2. b. from the result under
17subd. 1.
AB100-engrossed,1531,1918
c. Divide the result under subd. 2. b. by 2, except that if the result is not a whole
19number round the quotient down to the nearest whole number.
AB100-engrossed,1531,2020
d. Add 3 to the result under subd. 2. c.
AB100-engrossed,1531,2221
e. Add one license per each increase of 500 population or fraction thereof to the
22population recorded under par. (bm).
AB100-engrossed,1532,323
2. Notwithstanding subd. 1., if the difference between the number of licenses
24determined under par. (b) 1g. and under par. (bm) 1. is 3 or fewer, the number of
25reserve "Class B" licenses authorized to be issued by that municipality is the
1difference between the number of licenses determined under par. (b) 1g. and under
2par. (bm) 1., plus one per each increase of 500 population or fraction thereof to the
3population recorded under par. (bm).
AB100-engrossed,1532,75
125.51
(4) (v) Notwithstanding par. (am), if a municipality has granted or
6issued a number of licenses equal to or exceeding its quota, the municipal governing
7body may issue a license for any of the following:
AB100-engrossed,1532,88
1. A full-service restaurant that has a seating capacity of 300 or more persons.
AB100-engrossed,1532,11
92. A hotel that has 100 or more rooms of sleeping accommodations and that has
10either an attached restaurant with a seating capacity of 150 or more persons or a
11banquet room in which banquets attended by 400 or more persons may be held.
AB100-engrossed,1532,1713
134.67
(2) (a) (intro.) In the event of the outbreak of an epidemic disease of
14humans or animals spread by insects which it is known can be controlled by DDT but
15cannot be adequately controlled by any other known pesticide, the
pesticide review
16board department of agriculture, trade and consumer protection may authorize the
17use of DDT in controlling the epidemic upon a finding that:
AB100-engrossed,1532,2419
134.67
(2) (b) (intro.) In the event of the outbreak of a plant disease of epidemic
20proportions which threatens a significant portion of the affected crop and which is
21caused or spread by an insect which it is known can be controlled by DDT but cannot
22be adequately controlled by any other known pesticide, the
pesticide review board 23department of agriculture, trade and consumer protection may authorize the use of
24DDT in controlling the epidemic upon a finding that:
AB100-engrossed,1533,5
1134.67
(2) (c) The
pesticide review board department of agriculture, trade and
2consumer protection also may authorize the use of DDT or its isomers or metabolites
3for specified research by educational institutions if it finds that no ecologically
4significant residues of DDT or its isomers or metabolites will be allowed to escape
5into the environment.
AB100-engrossed,1533,107
134.72
(1) (a) "Facsimile machine" means a machine that transmits copies of
8documents by means of a telephone line, telegraph line, microwave, satellite,
cellular 9radio
wave, fiber optics, coaxial cable or any other transmission facility or any
10switching device.
AB100-engrossed,1533,1412
137.01
(1) (a) The governor shall appoint notaries public who shall be
13Wisconsin residents and at least 18 years of age. Applicants who are not attorneys
14shall file an application with the secretary of state and pay a
$15 $20 fee.
AB100-engrossed,1533,2116
137.01
(2) (a) Any Wisconsin resident who is licensed to practice law in this
17state is entitled to a permanent commission as a notary public upon application to
18the secretary of state and payment of a
$15 $50 fee. The application shall include
19a certificate of good standing from the supreme court, the signature and post-office
20address of the applicant and an impression of the applicant's official seal, or imprint
21of the applicant's official rubber stamp.
AB100-engrossed, s. 2923m
22Section 2923m. 138.09 (3) (e) of the statutes is renumbered 138.09 (3) (e) 1.
23(intro.) and amended to read:
AB100-engrossed,1534,3
1138.09
(3) (e) 1. (intro.)
A Except as provided in subd. 2., a licensee may
2conduct, and permit others to conduct, at the location specified in its license, any one
3or more of the following businesses not subject to this section:
AB100-engrossed,1534,6
4a. A business engaged in making loans for business or agricultural purposes
5or exceeding $25,000 in principal amount
, except that all such loans having terms
6of 49 months or more are subject to sub. (7) (gm) 2. or 4.
, a
AB100-engrossed,1534,8
7b. A business engaged in making first lien real estate mortgage loans under ss.
8138.051 to 138.06
, a.
AB100-engrossed,1534,9
9c. A loan, finance or discount business under s. 218.01
, or an.
AB100-engrossed,1534,10
10d. An insurance business
, or a.
AB100-engrossed,1534,11
11e. A currency exchange under s. 218.05
, or a.