2005 - 2006 LEGISLATURE
August 19, 2005 - Introduced by Representatives Pridemore, Van Roy,
Ziegelbauer, Bies, Gronemus, Gunderson, Gundrum, Jensen, Krawczyk,
Loeffelholz, Lothian, McCormick, Molepske, Musser, Nerison, Owens,
Pocan, Underheim
and Vos, cosponsored by Senator A. Lasee. Referred to
Committee on Small Business.
AB619,1,3 1An Act to amend 125.68 (4) (c) 1., 125.68 (4) (c) 3. and 125.68 (4) (c) 4.; and to
2create
125.51 (3r) of the statutes; relating to: retail sales of wine by the bottle
3in restaurants for consumption on and off the premises.
Analysis by the Legislative Reference Bureau
Under current law, alcohol beverages are generally distributed to consumers
under a three-tier distribution system: a manufacturer may sell only to a wholesaler
or rectifier (a person who blends, refines, or purifies distilled spirits or wines); a
wholesaler or rectifier may sell only to a wholesaler or retailer; and a retailer may
sell only to a consumer. With specific exceptions, no person may sell outside the
three-tier system and 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 intoxicating liquor, including wine, for consumption on
the premises where sold "by the glass and not in the original package or container"
and authorizes the sale of wine "in the original package or container in any quantity
to be consumed off the premises where sold." However, if a municipal ordinance has
been adopted, a "Class B" license authorizes the sale of intoxicating liquor to be
consumed "by the glass only on the premises where sold," authorizes the sale of
intoxicating liquor for consumption off the premises subject to certain limitations,
and authorizes the sale of wine "for consumption off the premises in the original
package or otherwise in any quantity." (A 1953 attorney general memorandum
interpreted the "by the glass" language applicable to intoxicating liquor retailers to
allow sales of open bottles of intoxicating liquor if the intoxicating liquor is consumed

by the glass.) A "Class C" license authorizes the retail sale of wine "by the glass or
in an opened original container for consumption on the premises where sold."
Under current law, with exceptions, 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. These closing hours may not be altered by a municipality.
Restaurants may remain open for the conduct of their regular business but may not
sell intoxicating liquor during these closing hours. Between 12 midnight and 6 a.m.
no person may sell intoxicating liquor on "Class B" licensed premises in an original
unopened package, container, or bottle or for consumption away from the premises,
but a municipal governing body may adopt an ordinance imposing more restrictive
hours. Also under current law, no premises for which a "Class A" license (authorizing
the retail sale of intoxicating liquor for consumption off the premises in original
packages and containers) has been issued, and no winery for which a "Class B"
license has been issued, may remain open for the sale of intoxicating liquor between
the hours of 9 p.m. and 8 a.m.
This bill authorizes a "Class B" or "Class C" licensee that operates a restaurant
on the licensed premises to sell wine by the open bottle, for consumption both on and
off the licensed premises, in a quantity not to exceed one bottle per person ordering
wine and food, if all of the following apply:
1. The purchaser of the wine orders food to be consumed on the licensed
premises.
2. The licensee provides a dated receipt that identifies the purchase of the food
and the bottle of wine.
3. Prior to the opened, partially consumed bottle of wine being taken off the
licensed premises, the licensee securely reinserts the cork into the bottle to the point
where the top of the cork is even with the top of the bottle and the cork is not
reinserted between the hours of 12 midnight and 6 a.m.
The provisions of the bill do not apply to a "Class B" license issued to a winery.
The bill also specifically provides that it does not restrict any existing authorization
under current law for a licensee to make retail sales of wine for on-premises or
off-premises consumption.
The bill also specifies that the state closing hours provisions that currently
apply to a "Class B" licensee for off-premises sales apply to sales authorized under
the bill but that, for purposes of the bill, these state provisions cannot be modified
by municipal ordinance.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB619, s. 1 1Section 1. 125.51 (3r) of the statutes is created to read:
AB619,3,32 125.51 (3r) Sales of wine by the bottle in restaurants. (a) Notwithstanding
3subs. (3) (a) and (b) and (3m) (b), a "Class B" license or "Class C" license authorizes

1the retail sale of wine in an opened original bottle, in a quantity not to exceed one
2bottle, for consumption both on and off the premises where sold if all of the following
3apply:
AB619,3,64 1. The licensed premises is a restaurant also operated under a "Class B" or
5"Class C" license and the purchaser of the wine orders food to be consumed on the
6licensed premises.
AB619,3,87 2. The licensee provides a dated receipt that identifies the purchase of the food
8and the bottle of wine.
AB619,3,129 3. Prior to the opened, partially consumed bottle of wine being taken off the
10licensed premises, the licensee securely reinserts the cork into the bottle to the point
11where the top of the cork is even with the top of the bottle and the cork is reinserted
12at a time other than during the time period specified in s. 125.68 (4) (c) 3.
AB619,3,1513 (b) This subsection does not apply to a "Class B" license issued to a winery
14under s. 125.51 (3) (am). Nothing in this subsection restricts a licensee's
15authorization for retail sales of wine under subs. (3) (a) and (b) and (3m) (b).
AB619, s. 2 16Section 2. 125.68 (4) (c) 1. of the statutes is amended to read:
AB619,3,2317 125.68 (4) (c) 1. No Subject to subd. 3. and s. 125.51 (3r) (a) 3., no premises for
18which a "Class B" license or permit or a "Class C" license has been issued may remain
19open between the hours of 2 a.m. and 6 a.m., except as otherwise provided in this
20subdivision and subd. 4. On January 1 premises operating under a "Class B" license
21or permit are not required to close. On Saturday and Sunday, no premises may
22remain open between 2:30 a.m. and 6 a.m. This subdivision does not apply to a "Class
23B" license issued to a winery under s. 125.51 (3) (am).
AB619, s. 3 24Section 3. 125.68 (4) (c) 3. of the statutes is amended to read:
AB619,4,8
1125.68 (4) (c) 3. Between 12 midnight and 6 a.m. no person may sell
2intoxicating liquor on "Class B" licensed premises in an original unopened package,
3container or bottle or for consumption away from the premises or on "Class C"
4licensed premises as authorized under s. 125.51 (3r) (a)
. A municipal governing body
5may, by ordinance, impose more restrictive hours than are provided in this
6subdivision except with respect to the sale of intoxicating liquor authorized under s.
7125.51 (3r) (a)
. This subdivision does not apply to a "Class B" license issued to a
8winery under s. 125.51 (3) (am).
AB619, s. 4 9Section 4. 125.68 (4) (c) 4. of the statutes is amended to read:
AB619,4,1510 125.68 (4) (c) 4. Hotels and restaurants the principal business of which is the
11furnishing of food, drinks or lodging to patrons, bowling centers, indoor
12horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may
13remain open for the conduct of their regular business but may not sell intoxicating
14liquor during the closing hours under subd. 1. or, with respect to the sale of
15intoxicating liquor authorized under s. 125.51 (3r) (a), under subd. 3.
AB619,4,1616 (End)
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