AB649: Bill Text

LRB-4038/1

PEN:kaf:km

1997 - 1998 LEGISLATURE

1997 Assembly BILL 649

December 4, 1997 - Introduced by Representatives Kreuser, Ott, Bock, J. Lehman, Staskunas, Plouff and Wood, cosponsored by Senator Wirch. Referred to Committee on State Affairs.

AB649,1,3 An Act to renumber and amend 125.26 (6); and to create 125.26 (6) (b) of the statutes; relating to: specifying the operations of temporary Class "B" licenses issued for county fairs.

Analysis by the Legislative Reference Bureau

Under current law, a city, village or town may issue to a county fair organization a temporary Class "B" license which authorizes the sale of beer for consumption on the fairgrounds. A temporary Class "B" license covers the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of fermented malt beverages from leased stands on the fairgrounds.

This bill requires a county fair to which a temporary Class "B" license is issued or, for a leased stand, the person who leases a stand to do all of the following while beer is sold or consumed: 1) maintain people (including uniformed law enforcement officers during weekends) to verify proof of age at each entrance to an area where beer is sold or consumed; 2) issue hand stamps or wristbands to persons who wish to drink beer at the fairgrounds; 3) verify that a person has a hand stamp or wristband or proof of age before selling beer to that person; and 4) regularly patrol the area in which beer is sold or consumed looking for underage drinking violations.

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:

AB649, s. 1 Section 1. 125.26 (6) of the statutes is renumbered 125.26 (6) (a) and amended to read:

AB649,2,20 125.26 (6) (a) Temporary Class "B" licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least 6 months before the date of application and, to posts of veterans' organizations authorizing and, subject to par. (b), to county fair organizations. A temporary Class "B" license authorizes the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The amount of the fee for the license shall be determined by the municipal governing body issuing the license but may not exceed $10. An official or body authorized by a municipal governing body to issue temporary Class "B" licenses may, upon issuance of any temporary Class "B" license, authorize the licensee to permit underage persons to be on the premises for which the license is issued. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of fermented malt beverages from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of fermented malt beverages from the stands while the fair is being held. A municipal governing body may issue a temporary Class "B" license for premises that are covered by a "Class B" permit issued under s. 125.51 (5) (b) 2. if the applicant meets the requirements of this subsection.

AB649, s. 2 Section 2. 125.26 (6) (b) of the statutes is created to read:

AB649,2,25 125.26 (6) (b) A county fair to which a temporary Class "B" license is issued or, for a stand leased from the county fair for the sale on the fairgrounds of fermented malt beverages, the county fair's lessee shall do all of the following while fermented malt beverages are sold or consumed:

AB649,3,6 1. Maintain, at each entrance and exit to an area in which fermented malt beverages are sold or consumed, at least one person who has a attained the legal drinking age who shall inspect the proof of age of each person entering the area. Between the hours of 6 p.m. Friday and closing hours Sunday, the person required under this subdivision to inspect proof of age shall be a uniformed law enforcement officer.

AB649,3,9 2. Issue a distinctive hand stamp or wristband to any person who has attained the legal drinking age and wishes to purchase or consume fermented malt beverages at the county fair.

AB649,3,11 3. Verify that a person possesses a hand stamp or wristband before selling fermented malt beverages to the person.

AB649,3,13 4. Verify that a person who appears to be younger than the legal drinking age possesses valid proof of age before selling fermented malt beverages to the person.

AB649,3,15 5. Periodically patrol the area in which fermented malt beverages are sold or consumed looking for violations of s. 125.07 (4) (a) and (b).

AB649,3,16 (End)