AB638: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB638, s. 1 Section 1. 125.04 (3) (f) 3. of the statutes is amended to read:

AB638,3,2 125.04 (3) (f) 3. For licenses issued under s. 125.26 (6) 125.265 (2) (a) for a picnic or other gathering lasting less than 4 days, the governing body of the municipality shall establish the time, prior to the granting of a license, by which an application shall be filed with the clerk.

AB638, s. 2 Section 2. 125.04 (3) (g) (intro.) of the statutes is amended to read:

AB638,3,7 125.04 (3) (g) Publication of application for license. (intro.) The municipal clerk shall publish each application for a Class "A", Class "B", "Class A", "Class B" or "Class C" license, except licenses under ss. 125.26 (6) 125.265 (2) (a) and 125.51 (10) (a), prior to its issuance in a newspaper according to the following conditions:

AB638, s. 3 Section 3. 125.04 (4) of the statutes is amended to read:

AB638,3,14 125.04 (4) List of licensees. By July 15 annually, the clerk of a municipality issuing licenses shall mail to the department a list containing the name, address and trade name of each person holding a license issued by that municipality, other than a manager's or operator's license or a license issued under s. 125.26 (6) 125.265 (2) (a), the type of license held and, if the person holding the license is a corporation or limited liability company, the name of the agent appointed under sub. (6).

AB638, s. 4 Section 4. 125.04 (5) (d) 3. c. of the statutes is amended to read:

AB638,3,18 125.04 (5) (d) 3. c. Applicants for temporary Class "B" licenses under s. 125.26 (6) 125.265 (2) (a) who are not required to hold a seller's permit under subch. III of ch. 77.

AB638, s. 5 Section 5. 125.04 (5) (d) 3. d. of the statutes is amended to read:

AB638,3,21 125.04 (5) (d) 3. d. Applicants for temporary "Class B" licenses under s. 125.51 (10) (a) who are not required to hold a seller's permit under subch. III of ch. 77.

AB638, s. 6 Section 6. 125.04 (11) (b) 1. of the statutes is amended to read:

AB638,4,2 125.04 (11) (b) 1. The municipal governing body common council or council of a 1st class city may issue a retail license for the sale of alcohol beverages at any time during a year. Each license shall be valid for one year and shall specify its date of expiration.

AB638, s. 7 Section 7. 125.07 (3) (a) 12. of the statutes is amended to read:

AB638,4,8 125.07 (3) (a) 12. An underage person who enters and remains on premises for which a temporary Class "B" license is issued under s. 125.26 (6) 125.265 (2) (a) if the licensee is authorized by the official or body of the municipality that issued the license to permit underage persons to be on the premises under s. 125.26 (6) 125.265 (2) (a) and if the licensee permits underage persons to be on the premises.

AB638, s. 8 Section 8. 125.09 (6) of the statutes is amended to read:

AB638,4,12 125.09 (6) Municipal stores. No municipality may engage in the sale of alcohol beverages, except as authorized under s. 125.26 (6) 125.265 (2) (a). This subsection does not apply to municipal stores in operation on November 6, 1969.

AB638, s. 9 Section 9. 125.12 (2) (b) 1. of the statutes is amended to read:

AB638,4,18 125.12 (2) (b) 1. If the licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true and if the municipal governing body or the committee finds the allegations sufficient, the license shall be revoked. The clerk shall give written notice of the revocation to the person whose license is revoked and to each person swearing to the complaint.

AB638, s. 10 Section 10. 125.12 (2) (b) 4. of the statutes is amended to read:

AB638,4,23 125.12 (2) (b) 4. The municipal clerk shall give written notice of each suspension or revocation or any decision not to suspend, revoke or renew for cause to the person whose license is suspended or revoked licensee and to each person swearing to the complaint.

AB638, s. 11 Section 11. 125.12 (2) (d) of the statutes is renumbered 125.12 (2) (d) 1. and amended to read:

AB638,5,18 125.12 (2) (d) 1. `In general.' The action of any municipal governing body in granting or failing to grant, suspending or revoking any license, or the failure of any municipal governing body to revoke or suspend any license for good cause, may be reviewed by the circuit court for the county in which the application for the license was issued, upon application by any applicant, licensee or resident of the municipality. The procedure on review shall be the same as in civil actions instituted in the circuit court. The person desiring review shall file pleadings, which shall be served on the municipal governing body in the manner provided in ch. 801 for service in civil actions and a copy of the pleadings shall be served on the applicant or licensee. The municipal governing body, applicant or licensee shall have 45 days to file an answer to the complaint. Following filing of the answer, the matter shall be deemed at issue and hearing may be had within 5 days, upon due notice served upon the opposing party. The hearing shall be before the court without a jury. Subpoenas for witnesses may be issued and their attendance compelled. The decision of the court shall be filed within 10 days after the hearing and a copy of the decision shall be transmitted to each of the parties. The decision shall be binding unless it is appealed to the court of appeals. This subdivision does not apply to review of actions by 1st class cities.

AB638, s. 12 Section 12. 125.12 (2) (d) 2. of the statutes is created to read:

AB638,6,18 125.12 (2) (d) 2. `Judicial Review in 1st class cities.' The action of the common council or council of any 1st class city in granting or failing to grant, suspending or revoking any license, or the failure of the common council of any 1st class city to revoke or suspend any license for good cause, may be reviewed only by commencing an action seeking the remedy available by certiorari. An action for certiorari shall be commenced in the circuit court for the county in which the application for the license was issued, and may be commenced by any applicant, licensee or resident of the 1st class city. No court may issue any injunction, stay, restraining order or other order that has the effect of delaying or preventing any action under par. (b) pending completion of the court's review under this paragraph. An action for certiorari under this paragraph shall be commenced under s. 801.02 (5) within 30 days after the mailing of notice under sub. (2) (b) 1. or 4. or (3m). If a license is issued or renewed, an action shall be commenced within 45 days after filing with the municipal clerk a receipt showing payment of a license fee under s. 125.04 (8). The court may not take evidence on the merits of the case and the scope of review shall be limited to the record of the proceedings of the committee, including any report submitted under par. (b) 3. or sub. (3), and to the record of the proceedings of the common council or council of the 1st class city. If the court finds any error in the proceedings of the committee or of the common council or council of the 1st class city that renders the decision or proceedings void, the court shall remand the decision to the common council or council of the 1st class city for further proceedings in accordance with the court's determination. Any party to the certiorari proceedings may appeal the decision of the court. The decision shall be binding unless it is appealed to the court of appeals.

AB638, s. 13 Section 13. 125.12 (3m) of the statutes is amended to read:

AB638,6,24 125.12 (3m) Refusals by local authorities to issue licenses. If a municipal governing body or duly authorized committee of a city council decides not to issue a new license under this chapter, it shall notify the applicant for the new license and the person swearing to the complaint under sub. (2) (ag) of the decision not to issue the license. The notice shall be in writing and state the reasons for the decision.

AB638, s. 14 Section 14. 125.26 (1) of the statutes is amended to read:

AB638,7,8 125.26 (1) Every municipal governing body may issue Class "B" licenses for the sale of fermented malt beverages from premises within the municipality and may authorize an official or body of the municipality to issue temporary Class "B" licenses under sub. (6) s. 125.265 (2) (a). A Class "B" license authorizes retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises. A license may be issued after July 1. That license shall expire on the following June 30. Persons holding a Class "B" license may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license under s. 66.053 (1).

AB638, s. 15 Section 15. 125.26 (6) of the statutes is renumbered 125.265 (2) (a) and amended to read:

AB638,8,6 125.265 (2) (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 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 a license issued under this paragraph 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 under this paragraph 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 paragraph. No 1st class city may issue a license under this paragraph, except as provided in guidelines established under sub. (3).

AB638, s. 16 Section 16. 125.265 (title) of the statutes is created to read:

AB638,8,8 125.265 (title) Temporary Class "A" and Class "B" licenses.

AB638, s. 17 Section 17. 125.265 (1) of the statutes is created to read:

AB638,8,17 125.265 (1) Temporary Class "A" licenses. The common council or council of a 1st class city shall, consistent with guidelines established under sub. (3), issue a temporary Class "A" license upon receipt of a completed application to renew a valid Class "A" license issued by that city after the date specified by the city for filing the application and payment of a nonrefundable fee of $1,500. A temporary license issued under this subsection is valid until the common council or council acts upon the application for renewal or for a period of 60 days after the date of issuance, whichever occurs sooner.

AB638, s. 18 Section 18. 125.265 (2) (title) of the statutes is created to read:

AB638,8,19 125.265 (2) (title) Temporary Class "B" licenses.

AB638, s. 19 Section 19. 125.265 (2) (b) of the statutes is created to read:

AB638,9,2 125.265 (2) (b) The common council or council of a 1st class city shall, consistent with guidelines established under sub. (3), issue a temporary Class "B" license upon receipt of a completed application to renew a valid Class "B" license issued by that city after the date specified by the city for filing the application and payment of a nonrefundable fee of $1,500. A temporary license issued under this paragraph is valid until the common council or council acts upon the application for renewal or for a period of 60 days after the date of issuance, whichever occurs sooner.

AB638, s. 20 Section 20. 125.265 (3) of the statutes is created to read:

AB638,9,5 125.265 (3) A 1st class city shall establish written guidelines for issuing licenses under this section.

AB638, s. 21 Section 21. 125.51 (1) (a) of the statutes is amended to read:

AB638,9,15 125.51 (1) (a) Every municipal governing body may grant and issue "Class A" and "Class B" licenses for retail sales of intoxicating liquor, and "Class C" licenses for retail sales of wine, from premises within the municipality to persons entitled to a license under this chapter as the issuing municipal governing body deems proper and may authorize an official or body of the municipality to issue temporary "Class B" licenses under sub. (10) (a). No "Class B" license may be issued to a winery under sub. (3) (am) unless the winery has been issued a permit under s. 125.53 and the winery is capable of producing at least 5,000 gallons of wine per year in no more than 2 locations.

AB638, s. 22 Section 22. 125.51 (1) (c) 2. of the statutes is amended to read:

AB638,9,19 125.51 (1) (c) 2. The governing body common council or council of a 1st class city shall establish and publish notice of the dates on which it, or its duly authorized committee, will meet and act on license applications.

AB638, s. 23 Section 23. 125.51 (10) of the statutes is renumbered 125.51 (10) (a) and amended to read:

AB638,9,25 125.51 (10) (a) Notwithstanding s. 125.68 (3), 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 the sale of wine in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle 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 $10, except that no fee may be charged to a person who at the same time applies for a temporary Class "B" license under s. 125.26 (6) 125.265 (2) (a) for the same event. 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 wine 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 wine from the stands while the fair is being held. Not more than 2 licenses may be issued under this subsection paragraph to any club, county or local fair association, agricultural association, church, lodge, society or veterans' post in any 12-month period. No 1st class city may issue a license under this paragraph, except as provided in written guidelines established under par. (c).

AB638, s. 24 Section 24. 125.51 (10) (b) and (c) of the statutes are created to read:

AB638,11,3 125.51 (10) (b) Notwithstanding s. 125.68 (3), the common council or council of a 1st class city shall, consistent with guidelines established under par. (c), issue a temporary "Class B" license upon receipt of a completed application to renew a valid "Class B" license issued by that city, and a temporary "Class A" license upon receipt of a completed application to renew a valid "Class A" license issued by that city, if the application is submitted after the date specified by the city for filing the application. A 1st class city shall charge a nonrefundable fee of $1,500 for a temporary license issued under this paragraph, except that no fee may be charged to a person who at the same time applies for a temporary Class "B" license under s. 125.265 (2) (b). A temporary license issued under this paragraph is valid until the common council or council acts upon the application for renewal or for a period of 60 days after the date of issuance, whichever occurs sooner.

AB638,11,5 (c) A 1st class city shall establish written guidelines for issuing licenses under this section.

AB638, s. 25 Section 25. Initial applicability.

AB638,11,9 (1) This act first applies to an action of a municipal governing body granting or failing to grant, suspending or revoking, or refusing to revoke or suspend, any license taken on the effective date of this subsection.

AB638,11,10 (End)