September 16, 2019 - Introduced by Senator LeMahieu, cosponsored by
Representatives Vorpagel and Katsma. Referred to Committee on
Government Operations, Technology and Consumer Protection.
SB395,1,7 1An Act to renumber and amend 125.12 (5); to amend 125.32 (3) (c) and 125.68
2(4) (c) 4.; and to create 125.07 (3) (a) 17., 125.12 (5) (b), 125.26 (2v), 125.27 (5),
3125.32 (3) (e), 125.32 (3m) (k), 125.51 (3) (bv), 125.51 (5) (f) and 125.68 (4) (d)
4of the statutes; relating to: the issuance by the Department of Revenue of
5retail alcohol beverage permits for motor vehicle racetrack grounds,
6authorizing caterers to make retail sales of alcohol beverages on racetrack
7grounds, and hours for retail sales by brewers.
Analysis by the Legislative Reference Bureau
This bill authorizes the Department of Revenue to issue retail alcohol beverage
permits for motor vehicle racetrack grounds. This bill also authorizes caterers to
make retail sales of alcohol beverages on racetrack grounds. The bill further
establishes hours during which brewers may not make retail sales of alcohol
beverages.
Under current law, with limited exceptions, no person may sell alcohol
beverages to a consumer unless the seller possesses a license or permit authorizing
the sale. Municipalities may issue retail Class “B” licenses authorizing the sale of
fermented malt beverages (beer), and retail “Class B” licenses authorizing the sale
of intoxicating liquor, which includes wine and distilled spirits, to consumers. Under
certain circumstances, DOR may issue retail Class “B” and “Class B” permits
authorizing the retail sale of beer and intoxicating liquor to consumers.

This bill authorizes DOR to issue retail Class “B” and “Class B” permits for
racetrack grounds. The bill defines “racetrack grounds" as property consisting of at
least 300 acres containing a motor vehicle racetrack at least four miles in length
capable of hosting professional racing events, and includes any building or other
structure on this property associated with the racetrack or with services provided in
connection with events held at the racetrack. Under the bill, DOR may issue
Class “B" and “Class B” permits, for locations within racetrack grounds, to the owner
or operator of the racetrack grounds or to any person designated by the owner or
operator of the racetrack grounds to operate premises located within the racetrack
grounds. Class “B” and “Class B” permits issued by DOR for racetrack grounds
authorize the retail sale of beer and intoxicating liquor at the location within the
racetrack grounds specified in the permit, for possession and consumption anywhere
within the racetrack grounds. Class “B” and “Class B” permits do not authorize the
sale of beer and intoxicating liquor for consumption away from the racetrack grounds
and do not authorize the sale of beer and intoxicating liquor at any designated
camping area on racetrack grounds while the area is in use for camping. The bill
contains an exception allowing underage persons to be present on those locations at
racetrack grounds for which Class “B” or “Class B” permits are issued.
Current law generally requires a retail licensee to make retail sales of alcohol
beverages only in a face-to-face transaction on the retail licensed premises,
although the retail licensee may thereafter deliver and serve the alcohol beverages
at another location. An exception allows a caterer to make retail sales off its licensed
premises during a special event held at the National Railroad Museum in Green Bay
or at the Heritage Hill State Park, if no retail license has been issued for this museum
or park. A “caterer” is defined as a person who holds a restaurant license and who
is in the business of preparing food and transporting it for consumption at
gatherings, meetings, or events if the sale of food at each gathering, meeting, or event
accounts for greater than 50 percent of the gross receipts of all of the food and
beverages served at the gathering, meeting, or event.
This bill allows a caterer to make retail sales of alcohol beverages off its licensed
premises on racetrack grounds, except at a designated camping area while the area
is in use for camping and except on premises for which DOR has issued a retail permit
for the racetrack grounds.
Current law allows a brewer holding a brewer's permit to sell at retail, without
a retail license, beer for consumption on or off the brewery premises or the brewer's
off-site retail outlet. If the brewer held an intoxicating liquor license on June 1, 2011,
the brewer may also sell at retail, without a retail license, intoxicating liquor for
consumption on the brewery premises or the brewer's off-site retail outlet. Current
law does not specify permissible hours of sale for these retail sales by a brewer.
Also under current law, with limited exceptions, Class “B" or “Class B” licensed
premises must be closed between the hours of 2 a.m. and 6 a.m. on weekdays and
between the hours of 2:30 a.m. and 6 a.m. on weekends. A municipal ordinance may
not impose different closing hours. However, a Class “B” licensed premises may not
sell beer for off-premises consumption between the hours of midnight and 6 a.m. and
a municipality may impose more restrictive hours.

This bill prohibits a brewer from making retail sales of beer and intoxicating
liquor during hours in which a Class “B” or “Class B” licensed premises must be
closed. As with a Class “B” or “Class B” licensee, a municipality may not impose more
restrictive hours for retail sales for on-premises consumption but may impose more
restrictive hours for retail sales for off-premises consumption.
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:
SB395,1 1Section 1. 125.07 (3) (a) 17. of the statutes is created to read:
SB395,3,32 125.07 (3) (a) 17. Premises for which a Class “B" permit is issued under s.
3125.27 (5) or a “Class B" permit is issued under s. 125.51 (5) (f).
SB395,2 4Section 2 . 125.12 (5) of the statutes is renumbered 125.12 (5) (a) and amended
5to read:
SB395,3,116 125.12 (5) (a) The department may, after notice and an opportunity for hearing,
7revoke, suspend, or refuse to renew any retail permit issued by it for the causes
8provided in sub. (4) and any other permit issued by it under this chapter for any
9violation of this chapter or ch. 139, except that, for a violation of sub. (4) (ag) 6. with
10respect to a license issued under s. 125.51 (4) (v) or
a violation of s. 125.535 or
11139.035, the department shall revoke the license or permit.
SB395,3,13 12(c) A revocation, suspension, or refusal to renew a permit under par. (a) or (b)
13is a contested case under ch. 227.
SB395,3 14Section 3 . 125.12 (5) (b) of the statutes is created to read:
SB395,4,215 125.12 (5) (b) The department may, after notice and an opportunity for hearing,
16revoke any permit issued under s. 125.27 (5) or 125.51 (5) (f) to a person designated
17by the owner or operator of racetrack grounds as provided in s. 125.27 (5) (b) or 125.51

1(5) (f) 2. if the person's designation has terminated or the owner or operator of the
2racetrack grounds has otherwise rescinded the person's designation.
SB395,4 3Section 4 . 125.26 (2v) of the statutes is created to read:
SB395,4,164 125.26 (2v) (a) Subject to pars. (b) and (c), and notwithstanding ss. 125.04 (3)
5(a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization specified
6in sub. (1), a Class “B" license issued under this section to a caterer also authorizes
7the caterer to provide fermented malt beverages, including their retail sale, on
8racetrack grounds, as defined in s. 125.27 (5) (a). Subject to pars. (b) and (c), and
9notwithstanding sub. (1) and s. 125.32 (6) (a), a caterer may provide fermented malt
10beverages under this paragraph at any location on racetrack grounds even though
11the racetrack grounds are not part of the caterer's licensed premises, as described
12under sub. (3) in the caterer's Class “B" license, and even if the racetracks grounds
13are not located within the municipality that issued the caterer's Class “B" license.
14A caterer that provides fermented malt beverages under this paragraph is subject
15to s. 125.32 (2) and (3) as if the fermented malt beverages were provided on the
16caterer's Class “B" licensed premises.
SB395,4,1817 (b) A caterer may not provide fermented malt beverages under par. (a) at any
18designated camping area on racetrack grounds while the area is in use for camping.
SB395,4,2019 (c) A caterer may not provide fermented malt beverages under par. (a) on any
20premises covered by a permit issued under s. 125.27 (5) or 125.51 (5) (f).
SB395,5 21Section 5. 125.27 (5) of the statutes is created to read:
SB395,5,222 125.27 (5) Permits for racetrack grounds. (a) In this subsection, “racetrack
23grounds" means real property consisting of at least 300 acres containing a motor
24vehicle racetrack at least 4 miles in length capable of hosting professional racing
25events, and includes any building or other structure on this property associated with

1the racetrack or with services provided in connection with events held at the
2racetrack.
SB395,5,123 (b) The department may issue Class “B" permits for locations within racetrack
4grounds to any person that holds a valid certificate issued under s. 73.03 (50), that
5is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the
6racetrack grounds or is designated by the owner or operator of the racetrack grounds
7to operate premises located within the racetrack grounds. Subject to par. (e), the
8permit authorizes the retail sale of fermented malt beverages on the premises
9covered by the permit, for consumption anywhere within the racetrack grounds. If
10the department issues more than one permit under this subsection for the same
11racetrack grounds, no part of the premises covered by a permit under this subsection
12may overlap with premises covered by any other permit issued under this subsection.
SB395,5,1413 (c) Persons holding a permit under par. (b) may sell beverages containing less
14than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.
SB395,5,1715 (d) Subject to ss. 125.07 (3) (a) 17. and 125.32 (3) (c) and (3m) (k), all provisions
16of this chapter applying to Class “B" licenses apply to Class “B" permits issued under
17this subsection, except as follows:
SB395,5,1918 1. A permit issued under this subsection does not authorize retail sales of
19fermented malt beverages for consumption off the racetrack grounds.
SB395,5,2220 2. A permit issued under this subsection authorizes the retail sale of fermented
21malt beverages for possession and consumption off the premises where sold if the
22possession and consumption occurs within the racetrack grounds.
SB395,5,2523 (e) A permit issued under this subsection does not authorize retail sales of
24fermented malt beverages at any designated camping area on racetrack grounds
25while the area is in use for camping.
SB395,6,2
1(f) The department shall establish a fee for a permit issued under this
2subsection in the amount of 50 percent of the fee for a permit issued under sub. (1).
SB395,6 3Section 6. 125.32 (3) (c) of the statutes is amended to read:
SB395,6,94 125.32 (3) (c) Hotels and restaurants the principal business of which is the
5furnishing of food and lodging to patrons, bowling centers, movie theaters, painting
6studios, indoor golf and baseball facilities, racetrack grounds, as defined in s. 125.27
7(5) (a),
indoor horseshoe-pitching facilities, curling clubs, golf courses and golf
8clubhouses may remain open for the conduct of their regular business but may not
9sell fermented malt beverages during the hours specified in par. (a).
SB395,7 10Section 7 . 125.32 (3) (e) of the statutes is created to read:
SB395,6,1711 125.32 (3) (e) 1. A brewer holding a permit under s. 125.29 may not sell
12fermented malt beverages at retail under s. 125.29 (3) (e), or under s. 125.29 (3) (g)
13for consumption on the premises, or provide taste samples under s. 125.29 (3) (i),
14during the hours in which a Class “B” licensed premises is required under par. (a) to
15be closed. Brewery premises may remain open for the conduct of other brewery
16operations during these hours, but a brewer's off-site retail outlet may not remain
17open during these hours.
SB395,6,2018 2. A brewer holding a permit under s. 125.29 may not sell fermented malt
19beverages at retail under s. 125.29 (3) (f), or under s. 125.29 (3) (g) for consumption
20off the premises, between 12 midnight and 6 a.m.
SB395,6,2321 3. A municipality may, by ordinance, impose more restrictive hours than those
22provided in subd. 2., but may not impose different hours than those provided in subd.
231.
SB395,8 24Section 8. 125.32 (3m) (k) of the statutes is created to read:
SB395,7,2
1125.32 (3m) (k) Premises for which a Class “B" permit is issued under s. 125.27
2(5).
SB395,9 3Section 9 . 125.51 (3) (bv) of the statutes is created to read:
SB395,7,164 125.51 (3) (bv) 1. Subject to subds. 2. and 3., and notwithstanding ss. 125.04
5(3) (a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization
6specified in par. (a) or (b) and in sub. (1) (a), a “Class B" license issued under sub. (1)
7to a caterer also authorizes the caterer to provide intoxicating liquor, including its
8retail sale, on racetrack grounds, as defined in s. 125.27 (5) (a). Subject to subds. 2.
9and 3., and notwithstanding pars. (a) and (b) and sub. (1) (a) and s. 125.32 (6) (a), a
10caterer may provide intoxicating liquor under this subdivision at any location on
11racetrack grounds even though the racetrack grounds are not part of the caterer's
12licensed premises, as described under par. (d) in the caterer's “Class B" license, and
13even if the racetrack grounds are not located within the municipality that issued the
14caterer's “Class B" license. A caterer that provides intoxicating liquor under this
15subdivision is subject to s. 125.68 (2) and (4) as if the intoxicating liquor were
16provided on the caterer's “Class B" licensed premises.
SB395,7,1817 2. A caterer may not provide intoxicating liquor under subd. 1. at any
18designated camping area on racetrack grounds while the area is in use for camping.
SB395,7,2019 3. A caterer may not provide intoxicating liquor under subd. 1. on any premises
20covered by a permit issued under s. 125.27 (5) or 125.51 (5) (f).
SB395,10 21Section 10. 125.51 (5) (f) of the statutes is created to read:
SB395,7,2322 125.51 (5) (f) Permits for racetrack grounds. 1. In this paragraph, “racetrack
23grounds" has the meaning given in s. 125.27 (5) (a).
SB395,8,924 2. The department may issue “Class B" permits for locations within racetrack
25grounds to any person that holds a valid certificate issued under s. 73.03 (50), that

1is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the
2racetrack grounds or is designated by the owner or operator of the racetrack grounds
3to operate premises located within the racetrack grounds. Subject to subd. 4., the
4permit authorizes the retail sale of intoxicating liquor, by the glass and not in the
5original package or container, on the premises covered by the permit, for
6consumption anywhere within the racetrack grounds. If the department issues more
7than one permit under this paragraph for the same racetrack grounds, no part of the
8premises covered by a permit under this paragraph may overlap with premises
9covered by any other permit issued under this paragraph.
SB395,8,1210 3. Subject to ss. 125.07 (3) (a) 17. and 125.68 (4) (c) 4., all provisions of this
11chapter applying to “Class B" licenses apply to “Class B" permits issued under this
12paragraph, except as follows:
SB395,8,1413 a. A permit issued under this paragraph does not authorize retail sales of
14intoxicating liquor for consumption off the racetrack grounds.
SB395,8,1715 b. A permit issued under this paragraph authorizes the retail sale of
16intoxicating liquor for possession and consumption off the premises where sold if the
17possession and consumption occurs within the racetrack grounds.
SB395,8,2018 4. A permit issued under this paragraph does not authorize retail sales of
19intoxicating liquor at any designated camping area on racetrack grounds while the
20area is in use for camping.
SB395,8,2221 5. The department shall establish a fee for a permit issued under this
22paragraph in the amount of 50 percent of the fee for a permit issued under par. (a).
SB395,11 23Section 11. 125.68 (4) (c) 4. of the statutes is amended to read:
SB395,9,524 125.68 (4) (c) 4. Hotels and restaurants the principal business of which is the
25furnishing of food, drinks or lodging to patrons, bowling centers, movie theaters,

1painting studios, racetrack grounds, as defined in s. 125.27 (5) (a), indoor
2horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may
3remain open for the conduct of their regular business but may not sell intoxicating
4liquor during the closing hours under subd. 1. or, with respect to the sale of
5intoxicating liquor authorized under s. 125.51 (3r) (a), under subd. 3.
SB395,12 6Section 12 . 125.68 (4) (d) of the statutes is created to read:
SB395,9,117 125.68 (4) (d) Brewers. 1. A brewer holding a permit under s. 125.29 may not
8sell intoxicating liquor at retail under s. 125.29 (3) (h) during the hours in which a
9“Class B” licensed premises is required under par. (c) 1. to be closed. Brewery
10premises may remain open for the conduct of other brewery operations during these
11hours, but a brewer's off-site retail outlet may not remain open during these hours.
SB395,9,1312 2. A municipality may not, by ordinance, impose different hours than those
13provided under subd. 1.
SB395,13 14Section 13 . Effective date.
SB395,9,1615 (1) This act takes effect on the first day of the 3rd month beginning after
16publication.
SB395,9,1717 (End)
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