LRB-2761/1
ARG:kjf&amn
2021 - 2022 LEGISLATURE
March 31, 2021 - Introduced by Senator LeMahieu, cosponsored by
Representatives Vorpagel and Katsma. Referred to Committee on Financial
Institutions and Revenue.
SB266,1,6 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 (3m) (k), 125.51 (3) (bv) and 125.51 (5) (f) of the statutes; relating to:
4the issuance by the Department of Revenue of retail alcohol beverage permits
5for motor vehicle racetrack grounds and authorizing caterers to make retail
6sales of alcohol beverages on racetrack grounds.
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.
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.
For further information see the state 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:
SB266,1 1Section 1. 125.07 (3) (a) 17. of the statutes is created to read:
SB266,2,32 125.07 (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).
SB266,2 4Section 2 . 125.12 (5) of the statutes is renumbered 125.12 (5) (a) and amended
5to read:
SB266,3,6
1125.12 (5) (a) The department may, after notice and an opportunity for hearing,
2revoke, suspend, or refuse to renew any retail permit issued by it for the causes
3provided in sub. (4) and any other permit issued by it under this chapter for any
4violation of this chapter or ch. 139, except that, for a violation of sub. (4) (ag) 6. with
5respect to a license issued under s. 125.51 (4) (v) or
a violation of s. 125.535 or
6139.035, the department shall revoke the license or permit.
SB266,3,8 7(c) A revocation, suspension, or refusal to renew a permit under par. (a) or (b)
8is a contested case under ch. 227.
SB266,3 9Section 3 . 125.12 (5) (b) of the statutes is created to read:
SB266,3,1410 125.12 (5) (b) The department may, after notice and an opportunity for hearing,
11revoke any permit issued under s. 125.27 (5) or 125.51 (5) (f) to a person designated
12by the owner or operator of racetrack grounds as provided in s. 125.27 (5) (b) or 125.51
13(5) (f) 2. if the person's designation has terminated or the owner or operator of the
14racetrack grounds has otherwise rescinded the person's designation.
SB266,4 15Section 4 . 125.26 (2v) of the statutes is created to read:
SB266,4,316 125.26 (2v) (a) Subject to pars. (b) and (c), and notwithstanding ss. 125.04 (3)
17(a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization specified
18in sub. (1), a Class “B" license issued under this section to a caterer also authorizes
19the caterer to provide fermented malt beverages, including their retail sale, on
20racetrack grounds, as defined in s. 125.27 (5) (a). Subject to pars. (b) and (c), and
21notwithstanding sub. (1) and s. 125.32 (6) (a), a caterer may provide fermented malt
22beverages under this paragraph at any location on racetrack grounds even though
23the racetrack grounds are not part of the caterer's licensed premises, as described
24under sub. (3) in the caterer's Class “B" license, and even if the racetrack grounds
25are not located within the municipality that issued the caterer's Class “B" license.

1A caterer that provides fermented malt beverages under this paragraph is subject
2to s. 125.32 (2) and (3) as if the fermented malt beverages were provided on the
3caterer's Class “B" licensed premises.
SB266,4,54 (b) A caterer may not provide fermented malt beverages under par. (a) at any
5designated camping area on racetrack grounds while the area is in use for camping.
SB266,4,76 (c) A caterer may not provide fermented malt beverages under par. (a) on any
7premises covered by a permit issued under s. 125.27 (5) or 125.51 (5) (f).
SB266,5 8Section 5. 125.27 (5) of the statutes is created to read:
SB266,4,149 125.27 (5) Permits for racetrack grounds. (a) In this subsection, “racetrack
10grounds" means real property consisting of at least 300 acres containing a motor
11vehicle racetrack at least 4 miles in length capable of hosting professional racing
12events, and includes any building or other structure on this property associated with
13the racetrack or with services provided in connection with events held at the
14racetrack.
SB266,4,2415 (b) The department may issue Class “B" permits for locations within racetrack
16grounds to any person that holds a valid certificate issued under s. 73.03 (50), that
17is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the
18racetrack grounds or is designated by the owner or operator of the racetrack grounds
19to operate premises located within the racetrack grounds. Subject to par. (e), the
20permit authorizes the retail sale of fermented malt beverages on the premises
21covered by the permit, for consumption anywhere within the racetrack grounds. If
22the department issues more than one permit under this subsection for the same
23racetrack grounds, no part of the premises covered by a permit under this subsection
24may overlap with premises covered by any other permit issued under this subsection.
SB266,5,2
1(c) Persons holding a permit under par. (b) may sell beverages containing less
2than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.
SB266,5,53 (d) Subject to ss. 125.07 (3) (a) 17. and 125.32 (3) (c) and (3m) (k), all provisions
4of this chapter applying to Class “B" licenses apply to Class “B" permits issued under
5this subsection, except as follows:
SB266,5,76 1. A permit issued under this subsection does not authorize retail sales of
7fermented malt beverages for consumption off the racetrack grounds.
SB266,5,108 2. A permit issued under this subsection authorizes the retail sale of fermented
9malt beverages for possession and consumption off the premises where sold if the
10possession and consumption occurs within the racetrack grounds.
SB266,5,1311 (e) A permit issued under this subsection does not authorize retail sales of
12fermented malt beverages at any designated camping area on racetrack grounds
13while the area is in use for camping.
SB266,5,1514 (f) The department shall establish a fee for a permit issued under this
15subsection in the amount of 50 percent of the fee for a permit issued under sub. (1).
SB266,6 16Section 6. 125.32 (3) (c) of the statutes is amended to read:
SB266,5,2217 125.32 (3) (c) Hotels and restaurants the principal business of which is the
18furnishing of food and lodging to patrons, bowling centers, movie theaters, painting
19studios, indoor golf and baseball facilities, racetrack grounds, as defined in s. 125.27
20(5) (a),
indoor horseshoe-pitching facilities, curling clubs, golf courses and golf
21clubhouses may remain open for the conduct of their regular business but may not
22sell fermented malt beverages during the hours specified in par. (a).
SB266,7 23Section 7. 125.32 (3m) (k) of the statutes is created to read:
SB266,5,2524 125.32 (3m) (k) Premises for which a Class “B" permit is issued under s. 125.27
25(5).
SB266,8
1Section 8. 125.51 (3) (bv) of the statutes is created to read:
SB266,6,142 125.51 (3) (bv) 1. Subject to subds. 2. and 3., and notwithstanding ss. 125.04
3(3) (a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization
4specified in par. (a) or (b) and in sub. (1) (a), a “Class B" license issued under sub. (1)
5to a caterer also authorizes the caterer to provide intoxicating liquor, including its
6retail sale, on racetrack grounds, as defined in s. 125.27 (5) (a). Subject to subds. 2.
7and 3., and notwithstanding pars. (a) and (b) and sub. (1) (a) and s. 125.32 (6) (a), a
8caterer may provide intoxicating liquor under this subdivision at any location on
9racetrack grounds even though the racetrack grounds are not part of the caterer's
10licensed premises, as described under par. (d) in the caterer's “Class B" license, and
11even if the racetrack grounds are not located within the municipality that issued the
12caterer's “Class B" license. A caterer that provides intoxicating liquor under this
13subdivision is subject to s. 125.68 (2) and (4) as if the intoxicating liquor were
14provided on the caterer's “Class B" licensed premises.
SB266,6,1615 2. A caterer may not provide intoxicating liquor under subd. 1. at any
16designated camping area on racetrack grounds while the area is in use for camping.
SB266,6,1817 3. A caterer may not provide intoxicating liquor under subd. 1. on any premises
18covered by a permit issued under s. 125.27 (5) or 125.51 (5) (f).
SB266,9 19Section 9. 125.51 (5) (f) of the statutes is created to read:
SB266,6,2120 125.51 (5) (f) Permits for racetrack grounds. 1. In this paragraph, “racetrack
21grounds" has the meaning given in s. 125.27 (5) (a).
SB266,7,722 2. The department may issue “Class B" permits for locations within racetrack
23grounds to any person that holds a valid certificate issued under s. 73.03 (50), that
24is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the
25racetrack grounds or is designated by the owner or operator of the racetrack grounds

1to operate premises located within the racetrack grounds. Subject to subd. 4., the
2permit authorizes the retail sale of intoxicating liquor, by the glass and not in the
3original package or container, on the premises covered by the permit, for
4consumption anywhere within the racetrack grounds. If the department issues more
5than one permit under this paragraph for the same racetrack grounds, no part of the
6premises covered by a permit under this paragraph may overlap with premises
7covered by any other permit issued under this paragraph.
SB266,7,108 3. Subject to ss. 125.07 (3) (a) 17. and 125.68 (4) (c) 4., all provisions of this
9chapter applying to “Class B" licenses apply to “Class B" permits issued under this
10paragraph, except as follows:
SB266,7,1211 a. A permit issued under this paragraph does not authorize retail sales of
12intoxicating liquor for consumption off the racetrack grounds.
SB266,7,1513 b. A permit issued under this paragraph authorizes the retail sale of
14intoxicating liquor for possession and consumption off the premises where sold if the
15possession and consumption occurs within the racetrack grounds.
SB266,7,1816 4. A permit issued under this paragraph does not authorize retail sales of
17intoxicating liquor at any designated camping area on racetrack grounds while the
18area is in use for camping.
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