LRB-3363/1
ARG:kjf:rs
2007 - 2008 LEGISLATURE
November 27, 2007 - Introduced by Representatives Gottlieb, Hintz, Ballweg,
Mursau, Berceau, Zepnick, Parisi, Sinicki, Lothian, Montgomery, Fields,
Hixson, Bies, LeMahieu, Strachota, Hines, Pridemore, Albers and
Newcomer, cosponsored by Senators Sullivan, Grothman, Plale, Roessler,
Olsen, Harsdorf, Ellis and Miller. Referred to Committee on State Affairs.
AB584,1,2
1An Act to amend 125.51 (4) (v) 1.; and
to create 125.02 (6g) of the statutes;
2relating to: municipal quotas for retail intoxicating liquor licenses.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from selling alcohol beverages at retail unless
the seller possesses a license or permit authorizing the sale. A "Class B" license
authorizes the retail sale of intoxicating liquor for consumption on the licensed
premises and, depending on the type of intoxicating liquor and whether a municipal
ordinance has been adopted, may also authorize the retail sale of intoxicating liquor
for consumption off the licensed premises, subject to certain limitations. Current law
imposes a quota on the number of "Class B" licenses that a municipality may issue.
This quota is generally determined by a formula based on the number of licenses
previously issued by the municipality and the municipality's population. Current
law provides quota exceptions for a full-service restaurant that has a seating
capacity of 300 or more persons and for a hotel that has 50 or more rooms and has
a restaurant or banquet room meeting certain criteria. Current law also provides a
quota exception for certain opera houses and theaters, but a "Class B" license issued
under this exception authorizes the sale of intoxicating liquor only for consumption
on the premises and only in connection with ticketed performances.
This bill modifies the quota exception for full-service restaurants. The bill
provides a quota exception for full-service restaurants regardless of seating
capacity, but creates a definition of "full-service restaurant" that limits the exception
to establishments where meals are prepared, served, and sold for consumption on the
premises and in which the sale of alcohol beverages accounts for 50 percent or less
of the establishment's gross receipts. In addition, a "Class B" license issued under
this exception authorizes the sale of intoxicating liquor only for consumption on the
premises. The bill prohibits a person holding a "Class B" license, other than one
issued under this exception, from surrendering that license and applying for a new
license under this exception.
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:
AB584, s. 1
1Section
1. 125.02 (6g) of the statutes is created to read:
AB584,2,62
125.02
(6g) "Full-service restaurant" means an establishment where meals
3are prepared, served, and sold to transients or the general public for consumption on
4the premises and in which the sale of alcohol beverages accounts for 50 percent or
5less of the establishment's gross receipts for the most recent alcohol beverage
6licensing year.
AB584, s. 2
7Section
2. 125.51 (4) (v) 1. of the statutes is amended to read:
AB584,2,168
125.51
(4) (v) 1. A full-service restaurant
that has a seating capacity of 300 or
9more persons. Notwithstanding sub. (3) (a) and (b), a "Class B" license issued under
10this subdivision authorizes the retail sale of intoxicating liquor only for consumption
11on the premises where sold. If a "Class B" license issued under this subdivision is
12surrendered to the issuing municipality, revoked, or not renewed, the municipality
13may not reissue the license to any applicant other than a full-service restaurant. A
14person that holds a "Class B" license, other than one issued under this subdivision,
15that is surrendered, revoked, or not renewed may not apply for issuance of a "Class
16B" license under this subdivision.
