SB399: Bill Text

LRB-2715/1

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2005 - 2006 LEGISLATURE

2005 Senate BILL 399

October 21, 2005 - Introduced by Senators Harsdorf and Grothman, cosponsored by Representatives Townsend, Hines and Ballweg. Referred to Committee on Veterans, Homeland Security, Military Affairs, Small Business and Government Reform.

SB399,1,8 An Act to renumber and amend 125.51 (8); to amend 125.04 (3) (g) (intro.), 125.04 (5) (a) 5., 125.06 (13) (a), 125.07 (1) (b) 5., 125.07 (3) (a) 2., 125.10 (4), 125.17 (6) (a) 2., 125.185 (2) and (4), 125.51 (1) (a), 125.53 (1), 125.65 (1), 125.66 (4), 125.68 (2), 125.68 (2m) (a), 125.68 (3) (intro.), 125.68 (4) (b), 125.68 (8) (a) 3., 125.69 (1) (a), 125.69 (1) (c) 3. and 125.69 (6) (c); and to create 125.05 (1) (a) 4m. and 125.51 (3s) of the statutes; relating to: creating a new license issued by municipalities authorizing the retail sale of wine in unopened original containers for consumption off the premises where sold.

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 A" license authorizes the retail sale of intoxicating liquor, including wine, for consumption off the licensed premises. A "Class B" license authorizes the retail sale of intoxicating liquor for consumption on or off the licensed premises, which authorization is subject to certain limitations, some of which depend on whether the issuing municipality has adopted an ordinance related to "Class B" licenses. A "Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the licensed premises and may only be issued for a restaurant. Each of these licenses is issued by a municipality.

This bill creates a "Class D" license authorizing the retail sale of wine in unopened original bottles or other unopened original containers for consumption off the licensed premises. The license is issued by municipalities and the annual fee for the license is determined by each issuing municipality, but may not exceed $100. The restrictions and requirements governing "Class A" licenses under current law also apply to "Class D" licenses.

For further information see the state and 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:

SB399, s. 1 Section 1. 125.04 (3) (g) (intro.) of the statutes is amended to read:

SB399,2,5 125.04 (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", or "Class D" license, except licenses under ss. 125.26 (6) and 125.51 (10), prior to its issuance in a newspaper according to the following conditions:

SB399, s. 2 Section 2. 125.04 (5) (a) 5. of the statutes is amended to read:

SB399,3,2 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the educational approval board. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class "A", "Class A" or , "Class C", or "Class D" license or a Class "B" or "Class B" license or permit or a manager's or operator's license.

SB399, s. 3 Section 3. 125.05 (1) (a) 4m. of the statutes is created to read:

SB399,3,6 125.05 (1) (a) 4m. "Shall `Class D' licenses (stores, etc.) be issued for the retail sale of wine in unopened original containers to be consumed away from the premises where sold?"

SB399, s. 4 Section 4. 125.06 (13) (a) of the statutes is amended to read:

SB399,3,16 125.06 (13) (a) The provision of wine taste samples of not more than 3 fluid ounces each, free of charge, by a "Class A" or "Class D" licensee to customers and visitors for consumption on the premises. No "Class A" or "Class D" licensee may provide more than 2 taste samples per day to any one person. This subsection applies only between the hours of 10 a.m. and 6 p.m. Notwithstanding s. 125.07 (1) (a) 1., no "Class A" or "Class D" licensee may provide taste samples under this subsection to any underage person. No "Class A" or "Class D" licensee may provide as taste samples under this subsection wine that the "Class A" or "Class D" licensee did not purchase from a wholesaler.

SB399, s. 5 Section 5. 125.07 (1) (b) 5. of the statutes is amended to read:

SB399,3,20 125.07 (1) (b) 5. A person who holds a Class "A" license, a Class "B" license or permit, a "Class A" license, a "Class D" license, or a "Class B" license or permit who commits a violation is subject to subd. 3. but is not subject to subd. 2. or s. 125.11.

SB399, s. 6 Section 6. 125.07 (3) (a) 2. of the statutes is amended to read:

SB399,3,25 125.07 (3) (a) 2. An underage person who enters or is on a Class "A" or, "Class A", or "Class D" premises for the purpose of purchasing items other than alcohol beverages. An underage person so entering the premises may not remain on the premises after the purchase.

SB399, s. 7 Section 7. 125.10 (4) of the statutes is amended to read:

SB399,4,7 125.10 (4) Regulation of closed retail premises. A municipality may not prohibit the permittee, licensee, employees, salespersons, employees of wholesalers licensed under s. 125.28 (1) or 125.54 (1) or service personnel from being present on premises operated under a Class "A", "Class A" or , "Class C", or "Class D" license or under a Class "B" or "Class B" license or permit during hours when the premises are not open for business if those persons are performing job-related activities.

SB399, s. 8 Section 8. 125.17 (6) (a) 2. of the statutes is amended to read:

SB399,4,11 125.17 (6) (a) 2. Within the past 2 years, the person held a Class "A", "Class A" or, "Class C", or "Class D" license or a Class "B" or "Class B" license or permit or a manager's or operator's license.

SB399, s. 9 Section 9. 125.185 (2) and (4) of the statutes are amended to read:

SB399,4,16 125.185 (2) A provisional retail license may be issued only to a person who has applied for a Class "A", Class "B", "Class A", "Class B" or, "Class C" , or "Class D" license and authorizes only the activities that the type of retail license applied for authorizes.

SB399,4,21 (4) A provisional retail license expires 60 days after its issuance or when the Class "A", Class "B", "Class A", "Class B" or, "Class C", or "Class D" license is issued to the holder, whichever is sooner. The official who issued the provisional retail license may revoke the license if he or she discovers that the holder of the license made a false statement on the application.

SB399, s. 10 Section 10. 125.51 (1) (a) of the statutes is amended to read:

SB399,5,6 125.51 (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" and "Class D" 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). 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.

SB399, s. 11 Section 11. 125.51 (3s) of the statutes is created to read:

SB399,5,10 125.51 (3s) Retail "Class D" license. (a) A "Class D" license authorizes the retail sale of wine in unopened original bottles or other unopened original containers for consumption off the premises where sold.

SB399,5,13 (b) Except as provided under s. 125.69, a "Class D" license may be issued to any person qualified under s. 125.04 (5), except a person acting as an agent for or in the employ of another.

SB399,5,15 (c) A "Class D" license shall particularly describe the premises for which it is issued and is not transferable, except as provided in s. 125.04 (12).

SB399,5,18 (d) The annual fee for a "Class D" license shall be determined by the municipal governing body issuing the license. The fee shall not exceed $100 and shall be the same for all "Class D" licenses.

SB399, s. 12 Section 12. 125.51 (8) of the statutes is renumbered 125.58 (8) (a) (intro.) and amended to read:

SB399,5,23 125.58 (8) (a) (intro.) Except in the case of hotels, no person may hold both, for the same premises or for connecting premises, a "Class A" or "Class "D" license and either a any of the following:

SB399,5,24 1. A "Class B" license or permit, a .

SB399,5,25 2. A Class "B" license or permit or a .

SB399,6,1 3. A "Class C" license for the same premises or for connecting premises. Except.

SB399,6,5 (b) Except for hotels, if either type of a license or permit is issued for the same or connecting premises already covered by the other type of license or permit that causes a person to be in violation of par. (a), the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.

SB399, s. 13 Section 13. 125.53 (1) of the statutes is amended to read:

SB399,6,16 125.53 (1) The department shall issue only to a manufacturing winery in this state that holds a valid certificate issued under s. 73.03 (50) a winery permit authorizing the manufacture and bottling of wine on the premises covered by the permit for sale at wholesale to other licensees or permittees. A permittee under this section may offer on the premises taste samples of wine manufactured on the premises to persons who have attained the legal drinking age. A permittee under this section may also have either a "Class A" or, "Class B", or "Class D" license, but not both more than one such license. If a "Class A" or, "Class B" , or "Class D" liquor license has also been issued to the winery, the winery may offer the taste samples on the "Class A" or, "Class B", or "Class D" premises.

SB399, s. 14 Section 14. 125.65 (1) of the statutes is amended to read:

SB399,6,22 125.65 (1) The department may issue a permit for wholesale sales for future delivery which authorizes the permittee to solicit orders, and to engage in the sale, of intoxicating liquor for delivery at a future date. A person holding a permit under this section may give a sample of a brand of intoxicating liquor to a "Class A" or "Class D" licensee who has not previously purchased that brand from the permittee.

SB399, s. 15 Section 15. 125.66 (4) of the statutes is amended to read:

SB399,7,3 125.66 (4) Notwithstanding sub. (1) and s. 125.04 (1), a "Class A" or "Class D" licensee who sells intoxicating liquor to a "Class B" licensee for resale may be fined not more than $100.

SB399, s. 16 Section 16. 125.68 (2) of the statutes is amended to read:

SB399,7,22 125.68 (2) Operators' licenses; "Class A", "Class B" or, "Class C", or "Class D" premises. Except as provided under s. 125.07 (3) (a) 10., no premises operated under a "Class A" or, "Class C", or "Class D" license or under a "Class B" license or permit may be open for business unless there is upon the premises either the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation or limited liability company, or some person who has an operator's license and who is responsible for the acts of all persons selling or serving any intoxicating liquor to customers. An operator's license issued in respect to a vessel under s. 125.51 (5) (c) is valid outside the municipality that issues it. For the purpose of this subsection, any person holding a manager's license issued under s. 125.18 or any member of the licensee's or permittee's immediate family who has attained the age of 18 shall be considered the holder of an operator's license. No person, including a member of the licensee's or permittee's immediate family, other than the licensee, permittee or agent may serve or sell alcohol beverages in any place operated under a "Class A" or, "Class C", or "Class D" license or under a "Class B" license or permit unless he or she has an operator's license or is at least 18 years of age and is under the immediate supervision of the licensee, permittee or agent or a person holding an operator's license, who is on the premises at the time of the service.

SB399, s. 17 Section 17. 125.68 (2m) (a) of the statutes is amended to read:

SB399,7,25 125.68 (2m) (a) No person may allow another to use his or her "Class A" or, "Class C", or "Class D" license or "Class B" license or permit to sell alcohol beverages.

SB399, s. 18 Section 18. 125.68 (3) (intro.) of the statutes is amended to read:

SB399,8,10 125.68 (3) Restrictions on location. (intro.) No "Class A" or, "Class B", or "Class D" license or permit may be issued for premises the main entrance of which is less than 300 feet from the main entrance of any public or parochial school, hospital or church, except that this prohibition may be waived by a majority vote of the governing body of the municipality in which the premises is located. The distance shall be measured by the shortest route along the highway from the main entrance of the school, church or hospital to the main entrance of the premises covered by the license or permit. The prohibition in this subsection does not apply to any of the following:

SB399, s. 19 Section 19. 125.68 (4) (b) of the statutes is amended to read:

SB399,8,14 125.68 (4) (b) "Class A" and "Class D" retailers. No premises for which a "Class A" license or permit "Class D" license has been issued may remain open for the sale of intoxicating liquor between the hours of 9 p.m. and 8 a.m.

SB399, s. 20 Section 20. 125.68 (8) (a) 3. of the statutes is amended to read:

SB399,8,18 125.68 (8) (a) 3. Possessing diluted intoxicating liquor or refilled original containers on any premises covered by a "Class A" or , "Class C", or "Class D" license or "Class B" license or permit.

SB399, s. 21 Section 21. 125.69 (1) (a) of the statutes is amended to read:

SB399,8,25 125.69 (1) (a) No intoxicating liquor manufacturer, rectifier or wholesaler may hold any direct or indirect interest in any "Class A" or "Class D" license or establishment and no "Class A" or "Class D" licensee may hold any direct or indirect interest in a wholesale permit or establishment, except that a winery that has a permit under s. 125.53 may have an ownership interest in a "Class A" or "Class D" license.

SB399, s. 22 Section 22. 125.69 (1) (c) 3. of the statutes is amended to read:

SB399,9,3 125.69 (1) (c) 3. A "Class A" or "Class D" licensee who has also been issued a permit under s. 125.53.

SB399, s. 23 Section 23. 125.69 (6) (c) of the statutes is amended to read:

SB399,9,8 125.69 (6) (c) Notwithstanding par. (b), a "Class B" licensee who purchases intoxicating liquor from a "Class A" or "Class D" licensee for resale or who possesses intoxicating liquor purchased from a "Class A" or "Class D" licensee for resale may be fined not more than $100.

SB399,9,9 (End)