LRB-4785/1
PEN:kmg:km
1997 - 1998 LEGISLATURE
January 28, 1998 - Introduced by Senator Moen, by request of Buffalo County
District Attorney James DuVall. Referred to Committee on Judiciary,
Campaign Finance Reform and Consumer Affairs.
SB422,1,5
1An Act to repeal 125.12 (1) (b);
to renumber and amend 125.12 (1) (a); and
to
2amend 125.04 (5) (a) 1. of the statutes;
relating to: authority to consider a
3single violation of law prohibiting furnishing alcohol beverages to an underage
4person in an action to revoke, suspend or refuse to renew a license or permit to
5sell alcohol beverages.
Analysis by the Legislative Reference Bureau
Current law prohibits any person from furnishing alcohol beverages to an
underage person (a person who has not reached the legal drinking age of 21 years of
age), unless the underage person is accompanied by his or her parent, legal guardian
or spouse who has attained the legal drinking age. Also under current law, a
municipality may revoke, suspend or refuse to renew a license to sell alcohol
beverages issued by the municipality if the person to whom the license is issued has
violated any law relating to alcohol beverages. The department of revenue has
similar authority to revoke, suspend or refuse to renew a permit issued by the
department for the sale of alcohol beverages.
1997 Wisconsin Act 27 (the biennial
budget act) prohibited municipalities and the department of revenue from
considering a single violation of these prohibitions against furnishing alcohol
beverages to an underage person in any action to revoke, suspend or refuse to renew
a license or permit to sell alcohol beverages. A municipality or the department of
revenue may now consider such violations only if the person to whom the license or
permit is issued has committed 2 or more such violations within any calendar year.
This bill restores the authority of a municipality and of the department of
revenue to consider a single violation of these prohibitions in an action to revoke,
suspend or refuse to renew a license or permit to sell alcohol beverages.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB422,2,43
125.04
(5) (a) 1. Do not have an arrest or conviction record, subject to ss.
4111.321, 111.322
, and 111.335
and 125.12 (1) (b).
SB422,2,107
125.12
(1) Revocation, suspension, nonissuance or nonrenewal of license.
8Except as provided in par. (b), any Any municipality or the department may revoke,
9suspend or refuse to renew any license or permit under this chapter, as provided in
10this section.
