LRB-2975/1
ARG:bjk:rs
2009 - 2010 LEGISLATURE
August 18, 2009 - Introduced by Representatives A. Ott, Zepnick, Spanbauer and
Townsend, cosponsored by Senator Taylor. Referred to Committee on Public
Safety.
AB390,1,4
1An Act to amend 125.09 (1) and 346.95 (1); and
to create 125.02 (4m), 125.10
2(5), 340.01 (8m) and 346.94 (21) of the statutes;
relating to: the possession and
3consumption of alcohol beverages by drivers and passengers on commercial
4quadricycles and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, an owner or other person in charge of a public place may not
permit the consumption of alcohol beverages at that place unless a retail alcohol
beverages license has been issued for the place. There are various exceptions to this
prohibition, including for county parks, athletic fields and stadiums, school
buildings, and churches. This bill adds an exception for commercial quadricycles.
Also under current law, municipalities may impose regulations related to
alcohol beverages that are not in conflict with state law. This bill specifies that no
such regulation may prohibit the possession or consumption of alcohol beverages by
passengers on a commercial quadricycle.
The bill prohibits the driver of a commercial quadricycle from consuming
alcohol while the commercial quadricycle is occupied by passengers and from driving
a commercial quadricycle with an alcohol concentration of 0.08 or more. A driver that
violates either of these prohibitions may be required to forfeit not less than $20 nor
more than $40 for the first offense and not less than $50 nor more than $100 for the
second or subsequent conviction within a year.
The bill defines a "commercial quadricycle" as a vehicle with fully operative
pedals for propulsion entirely by human power, that has four wheels and is operated
in a manner similar to a bicycle, that is equipped with at least 12 seats for
passengers, that is designed to be occupied by a driver and by passengers providing
pedal power to the drive train of the vehicle, and that is used for commercial
purposes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB390, s. 1
1Section
1. 125.02 (4m) of the statutes is created to read:
AB390,2,32
125.02
(4m) "Commercial quadricycle" has the meaning given in s. 340.01
3(8m).
AB390, s. 2
4Section
2. 125.09 (1) of the statutes is amended to read:
AB390,2,105
125.09
(1) Public place. No owner, lessee or person in charge of a public place
6may permit the consumption of alcohol beverages on the premises of the public place,
7unless the person has an appropriate retail license or permit. This subsection does
8not apply to municipalities, buildings and parks owned by counties, regularly
9established athletic fields and stadiums,
commercial quadricycles, school buildings,
10churches, premises in a state fair park or clubs.
AB390, s. 3
11Section
3. 125.10 (5) of the statutes is created to read:
AB390,2,1412
125.10
(5) Regulation of commercial quadricycles. Notwithstanding sub. (1),
13no municipality may enact regulations prohibiting the possession or consumption of
14alcohol beverages by passengers on a commercial quadricycle.
AB390, s. 4
15Section
4. 340.01 (8m) of the statutes is created to read:
AB390,2,2016
340.01
(8m) "Commercial quadricycle" means a vehicle with fully operative
17pedals for propulsion entirely by human power, that has 4 wheels and is operated in
18a manner similar to a bicycle, that is equipped with at least 12 seats for passengers,
19that is designed to be occupied by a driver and by passengers providing pedal power
20to the drive train of the vehicle, and that is used for commercial purposes.
AB390, s. 5
1Section
5. 346.94 (21) of the statutes is created to read:
AB390,3,42
346.94
(21) Commercial quadricycle drivers. (a) No driver of a commercial
3quadricycle may consume alcohol while the commercial quadricycle is occupied by
4passengers.
AB390,3,65
(b) No person may drive a commercial quadricycle while the person has an
6alcohol concentration of 0.08 or more.
AB390, s. 6
7Section
6. 346.95 (1) of the statutes is amended to read:
AB390,3,118
346.95
(1) Any person violating s. 346.87, 346.88, 346.89 (2), 346.90 to 346.92
9or 346.94 (1), (9), (10), (11), (12)
or, (15)
, or (21) may be required to forfeit not less than
10$20 nor more than $40 for the first offense and not less than $50 nor more than $100
11for the 2nd or subsequent conviction within a year.
AB390,3,1413
(1)
This act takes effect on the first day of the 4th month beginning after
14publication.
