LRB-2289/2
ARG&RCT:nwn:jf
2011 - 2012 LEGISLATURE
July 19, 2011 - Introduced by Representatives Bernier, Ballweg, Bewley, Bies,
Brooks, Endsley, Nerison, A. Ott, Petrowski, Ripp, Spanbauer, Strachota

and Tranel, cosponsored by Senators Moulton, Schultz, Holperin, Lasee,
Lassa
and Taylor. Referred to Committee on Homeland Security and State
Affairs.
AB200,1,3 1An Act to amend 93.23 (1) (e), 125.51 (10), 125.53 (1) and 125.69 (1) (b) 1.; and
2to create 125.69 (1) (b) 5. of the statutes; relating to: temporary alcohol
3beverages licenses issued for fairgrounds and eligibility for state aid for fairs.
Analysis by the Legislative Reference Bureau
Current law authorizes municipalities to issue temporary "Class B" licenses to
certain clubs, fair associations, agricultural societies, churches, veterans
organizations, lodges, and societies that authorize the retail sale of wine (including
cider) at fairs, meetings, picnics, and similar gatherings hosted by these
organizations. A municipality may not issue to one of these organizations more than
two temporary "Class B" licenses in any 12-month period. A temporary "Class B"
license authorizes the retail sale of wine by the glass or in an original package,
container, or bottle. A license issued to a fair association licenses the entire
fairgrounds where the fair is being conducted and all persons engaged in retail sales
of wine from leased stands on the fairgrounds.
Current law generally prohibits a winery holding a winery permit from having
a direct or indirect interest in a "Class B" retail license or establishment. However,
a winery may hold one "Class B" retail license, authorizing the sale of wine only,
issued for the winery premises or for real estate owned or leased by the winery.
This bill authorizes a winery to make retail sales and provide taste samples of
wine on fairgrounds, under the "Class B" license issued to the fair association, if the
wine is purchased from a wholesaler. Under the bill, if a fair leases a stand to a
winery, the winery may make retail sales of wine from the leased stand and may

provide taste samples anywhere on the fairgrounds of wine manufactured by the
winery.
Also, under current law, the Department of Agriculture, Trade and Consumer
Protection (DATCP) distributes aid to county fairs and certain other fairs. One
condition for receiving this aid is that intoxicating beverages, except for malt
beverages, be excluded from the fairgrounds.
This bill changes the condition relating to beverages at fairs so that DATCP
may distribute aid to an otherwise eligible fair at which wine is available.
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:
AB200, s. 1 1Section 1. 93.23 (1) (e) of the statutes is amended to read:
AB200,3,22 93.23 (1) (e) Not later than 30 days after the close of the fair each year the
3county clerk, or the person appointed to file the statements under this paragraph by
4the county board, agricultural society, association, or board claiming state aid, shall
5file with the department, on forms provided by the department, an itemized
6statement verified on oath, showing net premiums actually paid or to be paid at the
7preceding fair, which must correspond with uniform premium lists and other
8requirements under par. (a). The statement shall also include a statement that at
9the fair all gambling devices whatsoever, the sale of intoxicating liquors, excepting
10fermented malt beverage, as defined in s. 125.02 (6), and wine, as defined in s. 125.02
11(22)
, and exhibitions of immoral character were prohibited and excluded from the
12fairgrounds and all adjacent grounds under the authority or control of the county
13board, agricultural society, association, or board claiming state aid. On or before
14December 31 of the year in which the fair is held, the person filing the statements
15under this paragraph shall furnish the department a statement of receipts and
16disbursements, attendance, and any other information that the department

1requires. Upon receipt of the required report, each fair shall be paid 100%, or the
2prorated percentage, of the aid due the preceding year.
AB200, s. 2 3Section 2. 125.51 (10) of the statutes is amended to read:
AB200,3,244 125.51 (10) Temporary licenses. Notwithstanding s. 125.68 (3), temporary
5"Class B" licenses may be issued to bona fide clubs, to county or local fair associations
6or agricultural societies, to churches, lodges or societies that have been in existence
7for at least 6 months before the date of application and to posts of veterans'
8organizations authorizing the sale of wine in an original package, container or bottle
9or by the glass if the wine is dispensed directly from an original package, container
10or bottle at a particular picnic or similar gathering, at a meeting of the post, or during
11a fair conducted by the fair association or agricultural society. The amount of the fee
12for the license shall be $10, except that no fee may be charged to a person who at the
13same time applies for a temporary Class "B" license under s. 125.26 (6) for the same
14event. A license issued to a county or district fair licenses the entire fairgrounds
15where the fair is being conducted and all persons engaging in retail sales of wine from
16leased stands on the fairgrounds. The county or district fair to which the license is
17issued may lease stands on the fairgrounds to persons who may engage in retail sales
18of wine from the stands while the fair is being held. If a county or district fair leases
19any stand to a winery holding a permit under s. 125.53, in addition to making retail
20sales of wine from the leased stand, the winery may provide taste samples anywhere
21on the fairgrounds of wine manufactured by the winery.
Not more than 2 licenses
22may be issued under this subsection to any club, county or local fair association,
23agricultural association, church, lodge, society or veterans post in any 12-month
24period.
AB200, s. 3 25Section 3. 125.53 (1) of the statutes is amended to read:
AB200,4,19
1125.53 (1) The department shall issue only to a manufacturing winery in this
2state that holds a valid certificate issued under s. 73.03 (50) a winery permit
3authorizing the manufacture and bottling of wine on the premises covered by the
4permit for sale to wholesalers holding a permit under s. 125.54. A winery permit also
5authorizes the permittee to, on the winery premises and without obtaining a
6rectifier's permit, possess intoxicating liquor and mix or blend intoxicating liquor to
7produce wine sold to wholesalers holding a permit under s. 125.54. A winery holding
8a permit under this section may offer on the premises taste samples of wine
9manufactured on the premises to persons who have attained the legal drinking age.
10A permittee under this section may also have either one "Class A" license or one
11"Class B" license, but not both. The "Class A" license or "Class B" license may either
12be issued for the winery premises or for real estate owned or leased by the winery.
13If a "Class A" or "Class B" liquor license has also been issued to the winery, the winery
14may provide wine manufactured, mixed, or blended on the winery premises directly
15to the "Class A" or "Class B" premises and may offer the taste samples on the "Class
16A" or "Class B" premises. A winery holding a permit under this section may also
17make retail sales and provide taste samples on county or district fair fairgrounds as
18provided in s. 125.51 (10), but this wine sold at retail or provided as taste samples
19shall be purchased from a wholesaler holding a permit under s. 125.54.
AB200, s. 4 20Section 4. 125.69 (1) (b) 1. of the statutes is amended to read:
AB200,5,221 125.69 (1) (b) 1. Except as provided under subd. subds. 4. and 5., no intoxicating
22liquor manufacturer, rectifier, winery, out-of-state shipper permittee, or wholesaler
23may hold any direct or indirect interest in any "Class B" license or permit or
24establishment or "Class C" license or establishment and no "Class B" licensee or
25permittee or "Class C" licensee may hold any direct or indirect interest in a

1manufacturer, rectifier, winery, out-of-state shipper, or wholesale permit or
2establishment.
AB200, s. 5 3Section 5. 125.69 (1) (b) 5. of the statutes is created to read:
AB200,5,74 125.69 (1) (b) 5. A winery that has a permit under s. 125.53 may make retail
5sales and provide taste samples on county or district fair fairgrounds, as provided in
6s. 125.51 (10), under a "Class B" license issued under s. 125.51 (10) to a county or local
7fair association.
AB200,5,88 (End)
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