125.33 Annotation
Selective discount ban under 66.054 (8a) (i) [now 125.33 (6)] is constitutional. State v. Kay Distributing Co., Inc. 110 W (2d) 29, 327 NW (2d) 188 (Ct. App. 1982).
125.33 Annotation
Sub. (1) (a) prohibits person from having interest in real estate leased to Class "B" licensee while also being director, officer or shareholder of brewery.
77 Atty. Gen. 76.
INTOXICATING LIQUOR
125.51
125.51
Retail licenses and permits. 125.51(1)(a)(a) Every municipal governing body may grant and issue "Class A" and "Class B" licenses for retail sales of intoxicating liquor, and "Class C" licenses for retail sales of wine, from premises within the municipality to persons entitled to a license under this chapter as the issuing municipal governing body deems proper and may authorize an official or body of the municipality to issue temporary "Class B" licenses under
sub. (10). No "Class B" license may be issued to a winery under
sub. (3) (am) unless the winery has been issued a permit under
s. 125.53 and the winery is capable of producing at least 5,000 gallons of wine per year in no more than 2 locations.
125.51(1)(b)
(b) No member of the municipal governing body may sell or offer to sell to any person holding or applying for a license any bond, material, product or thing which may be used by the licensee in carrying on the business subject to licensure.
125.51(1)(c)1.1. Except as provided in
subd. 2., the municipal governing body, or the duly authorized committee of a city council, shall meet not later than May 15 annually, and be in session from day to day thereafter so long as may be necessary, for the purpose of acting upon license applications filed with it on or before April 15. The governing body or committee shall grant, issue or deny each application not later than June 15 for the ensuing license year. Licenses may be granted for issuance at a later date when the applicant has complied with all requirements for the issuance of the license. The governing body or committee may accept and act upon any application filed at any other time. The governing body or committee may not deny an application for renewal of an existing license unless a statement of the reason for the denial is included in its clerk's minutes.
125.51(1)(c)2.
2. The governing body of a 1st class city shall establish and publish notice of the dates on which it, or its duly authorized committee, will meet and act on license applications.
125.51(2)(a)(a) A "Class A" license authorizes the retail sale of intoxicating liquor for consumption off the premises where sold and in original packages and containers.
125.51(2)(b)
(b) Except as provided under
s. 125.69, "Class A" licenses may be issued to any person qualified under
s. 125.04 (5), except a person acting as an agent for or in the employ of another.
125.51(2)(c)
(c) "Class A" licenses shall particularly describe the premises for which issued and are not transferable, except as provided in
s. 125.04 (12).
125.51(2)(d)
(d) The annual fee for a "Class A" license shall be determined by the municipal governing body and shall be the same for all "Class A" licenses, except that the minimum fee is $50 and the maximum fee is $500.
125.51(3)(a)(a) A "Class B" license authorizes the retail sale of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. In addition, wine may be sold in the original package or container in any quantity to be consumed off the premises where sold. This paragraph does not apply in municipalities in which the governing body elects to come under
par. (b) or to a winery that has been issued a "Class B" license.
Paragraph (am) applies to all wineries that have been issued a "Class B" license.
125.51(3)(am)
(am) A "Class B" license issued to a winery authorizes the sale of wine to be consumed by the glass or in opened containers only on the premises where sold and also authorizes the sale of wine in the original package or container to be consumed off the premises where sold, but does not authorize the sale of fermented malt beverages or any intoxicating liquor other than wine.
125.51(3)(b)
(b) In all municipalities electing by ordinance to come under this paragraph, a retail "Class B" license authorizes the sale of intoxicating liquor to be consumed by the glass only on the premises where sold and also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed 4 liters at any one time, and to be consumed off the premises where sold. Wine, however, may be sold for consumption off the premises in the original package or otherwise in any quantity. This paragraph does not apply to a winery that has been issued a "Class B" license.
Paragraph (am) applies to all wineries that have been issued a "Class B" license.
125.51(3)(bm)
(bm) Notwithstanding
pars. (a) and
(b) and
s. 125.04 (3) (a) 3. and
(9), a "Class B" license authorizes a person operating a hotel to furnish a registered guest who has attained the legal drinking age with a selection of intoxicating liquor in the guest's room which is not part of the "Class B" premises. Intoxicating liquor furnished under this paragraph shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place must be capable of being locked. The cabinet, refrigerator or other secure storage place shall be locked, or the intoxicating liquor shall be removed from the room, when the room is not occupied and when intoxicating liquor is not being furnished under this paragraph. A key for the lock shall be supplied to a guest who has attained the legal drinking age upon request at registration. The hotel shall prominently display a price list of the intoxicating liquor in the hotel room. Intoxicating liquor may be furnished at the time the guest occupies the room, but for purposes of this chapter, the sale of intoxicating liquor furnished under this paragraph is considered to occur at the time and place that the guest pays for the intoxicating liquor. Notwithstanding
s. 125.68 (4) (c), the guest may pay for the intoxicating liquor at any time if he or she pays in conjunction with checking out of the hotel. An individual who stocks or accepts payment for alcohol beverages under this paragraph shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company or the holder of a manager's or operator's license or be supervised by one of those individuals.
125.51(3)(c)
(c) Except as provided under
s. 125.69, a "Class B" license may be issued to any person qualified under
s. 125.04 (5), except a person acting as an agent for or in the employ of another.
125.51(3)(d)
(d) "Class B" licenses shall particularly describe the premises for which issued and are not transferable, except as provided in
s. 125.04 (12).
125.51(3)(dm)
(dm) A municipality may issue a "Class B" license authorizing retail sales of intoxicating liquor on a railroad car while the railroad car is standing in a specified location in the municipality.
125.51(3)(e)
(e) The annual fee for a "Class B" license shall be determined by the municipal governing body and shall be the same for all "Class B" licenses, except that the minimum fee shall be $50 and the maximum fee shall be $500. The minimum fee shall not apply to licenses issued to bona fide clubs and lodges situated and incorporated in the state for at least 6 years.
125.51(3)(f)
(f) A "Class B" license may be issued only to a holder of a retail Class "B" license to sell fermented malt beverages unless the "Class B" license is the kind of "Class B" license specified under
par. (am).
125.51(3m)(a)(a) In this subsection "barroom" means a room that is primarily used for the sale or consumption of alcohol beverages.
125.51(3m)(b)
(b) A "Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold.
125.51(3m)(c)
(c) A "Class C" license may be issued to a person qualified under
s. 125.04 (5) for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which does not have a barroom if the municipality's quota under
sub. (4) prohibits the municipality from issuing a "Class B" license to that person. A "Class C" license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as agent for or in the employ of another.
125.51(3m)(d)
(d) A "Class C" license shall particularly describe the premises for which it is issued.
125.51(3m)(e)
(e) The annual fee for a "Class C" license shall be determined by the municipal governing body issuing the license. The fee shall not exceed $100 and shall be the same for all "Class C" licenses.
125.51(4)(a)1.
1. "License" means a retail "Class B" license issued under
sub. (3) but does not include a "Class B" license issued to wineries under
sub. (3) (am).
125.51(4)(a)2.
2. "Population" means the number of inhabitants in the previous year determined by the department of administration under
s. 16.96 (2) for purposes of revenue sharing distribution.
125.51(4)(a)3.
3. "Quota" means the number of licenses which a municipality may grant or issue.
125.51(4)(b)
(b) Except as provided in
pars. (c) and
(d), the quota of each municipality is the number of licenses issued in good faith by the municipality under s.
176.05 (21) (h), 1975 stats., plus whichever of the following is the largest:
125.51(4)(b)2.
2. The number of licenses lawfully issued and in force within the municipality on August 27, 1939.
125.51(4)(b)3.
3. The number of licenses lawfully issued and in force within the municipality in the previous year.
125.51(4)(b)4.
4. In the case of a village or city incorporated since August 27, 1939, one license per 500 population or fraction thereof at the time of incorporation.
125.51(4)(b)5.
5. In the case of any municipality incorporated or organized since August 27, 1939, the number of licenses lawfully issued and in force in the territory within the municipality at the time of incorporation or organization.
125.51(4)(c)
(c) If territory containing premises covered by a license is annexed to the municipality and if the municipality's quota would not otherwise allow licenses for the premises, the quota shall be increased to include a license for each premises in the annexed territory.
125.51(4)(d)
(d) Detachment of territory shall decrease the quota of the remainder of the municipality by the number of premises covered by licenses existing in the detached territory, except that detachment shall not decrease the quota of the remainder to less than one license per 500 persons or less than one license.
125.51(4)(f)
(f) Notwithstanding the quota of a town, licenses issued by the town under s.
176.05 (21) (k), 1979 stats., remain valid and may be renewed by the town board, but the town board may not issue any new "Class B" licenses until the total number of licenses is less than the quota.
125.51(4)(g)
(g) Notwithstanding the quota of a municipality, its governing body may, by a three-fourths vote of its members, issue a license limited to the sale of wine for consumption only on the premises to any person engaged in preserving a place of historic significance built during the state's first 5 years of statehood and operating the place as a restaurant.
125.51(4)(h)
(h) Notwithstanding the quota of a municipality, its governing body may, by a three-fourths vote of its members, issue a license to any restaurant existing on August 7, 1977, with a museum having permanent exhibition space open to the public at least 3 times the area of the restaurant, whether or not the museum existed on August 7, 1977.
125.51(4)(i)
(i) Notwithstanding the quota of the municipality, licenses issued under s.
176.05 (21) (h), 1979 stats., remain valid and may be renewed by the municipality.
125.51(4)(j)
(j) Each municipality that issues "Class B" licenses shall issue a "Class B" license to any club which, on June 30, 1982, held a "Class B" license issued by the department under s.
176.05 (4a), 1979 stats. Licenses issued under this paragraph shall be renewed annually, upon application, unless revoked under
s. 125.12. The quota of a municipality is permanently increased by the number of licenses it issues under this paragraph.
125.51(4)(k)
(k) Notwithstanding the quota of a town, the town board may issue a license to any of the following:
125.51(4)(k)1.
1. An outdoor theater operated by a professional repertory theater company most of whose productions consist of classical drama.
125.51(4)(k)2.
2. A conference center and restaurant used by the staff and patrons of a professional repertory theater company for lodging and meetings.
125.51(4)(L)
(L) Notwithstanding the quota of a town, the town board may issue a license to a person operating a ski chalet on property owned by the state.
125.51(4)(m)
(m) Notwithstanding the quota of a municipality, its governing body may, by a three-fourths vote of its members, issue a license to any restaurant with a museum having permanent exhibition space open to the public at least 3 times the area of the restaurant if the building housing the museum was built during the first 8 years of statehood or earlier.
125.51(4)(n)
(n) Notwithstanding its quota, a village may issue a license for a hotel owned by an American Indian tribe.
125.51(4)(o)
(o) Notwithstanding its quota, a village may issue a license for a motel located on a lake which is the headwaters of a river which is part of the border between this state and Minnesota.
125.51(4)(p)
(p) Notwithstanding its quota, a town which borders on a lake, is adjacent to a 2nd class city and is located in a county with a population of 300,000 or more may issue a license for a tavern which is covered by a Class "B" license on December 8, 1987, if the tavern is not located within 500 feet of a lake.
125.51(4)(q)
(q) Notwithstanding the quota of a municipality, its governing body may issue a license to persons conducting business at a racetrack, as defined in
s. 562.01 (12).
125.51(4)(r)
(r) Notwithstanding its quota, a village may issue a license to a post of a veteran's organization for a building that was rebuilt after being destroyed by a tornado.
125.51(4)(s)
(s) Notwithstanding the quota of a municipality, its governing body may issue a license to a restaurant and public golf course situated on at least 200 acres of land, if the restaurant and public golf course are located adjacent to STH 57.
125.51(4)(sm)
(sm) Notwithstanding the quota of a town, the town board may issue a license to a person who owns a building located at the intersection of STH 11 and STH 80 in Grant county, if the person had a license under
sub. (3) issued to him or her previously.
125.51(4)(t)1.1. Notwithstanding the quota of a municipality, its governing body may issue a license to a restaurant that was established in 1949 and is located on STH 42 across from a town park.
125.51(4)(t)2.
2. No license may be issued under
subd. 1. after July 29, 1995, but a license issued under
subd. 1. before July 29, 1995, may be renewed.
125.51(4)(u)1.1. Notwithstanding the quota of a municipality, its governing body may issue a license to a corporation that holds a Class "B" license, a "Class C" license and a "Class A" license since January 1, 1992, if the licenses are issued by that governing body.
125.51(4)(u)2.
2. No license may be issued under
subd. 1. after September 1, 1995, or 30 days after July 29, 1995, whichever is later, but a license issued under
subd. 1. on or before September 1, 1995, or on or before 30 days after July 29, 1995, whichever is later, may be renewed.
125.51(5)(a)1.1. The department shall issue "Class B" permits to clubs that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs which are operated solely for curling, ski jumping or yachting. A "Class B" permit may be issued only to a club that holds a valid certificate issued under
s. 73.03 (50), that is not open to the general public and that is located in a municipality that does not issue "Class B" licenses or to a club located in a municipality that issues "Class B" licenses, if the club holds a valid certificate issued under
s. 73.03 (50), is not open to the general public, was not issued a license under s.
176.05 (4a), 1979 stats., and does not currently hold a "Class B" license. The permits may be issued by the department without regard to any local option exercised under
s. 125.05 and without regard to any quota under
sub. (4). The holder of a "Class B" permit may sell intoxicating liquor for consumption by the glass and not in the original package or container on the premises covered by the permit.
125.51(5)(a)2.
2. Except as provided in this paragraph, all sections of this chapter applying to retail "Class B" licenses apply to "Class B" permits issued under this paragraph.
125.51(5)(a)3.
3. "Class B" permits may be issued only to a club which has occupied the premises upon which it is located for a period of at least 6 months prior to the date of application.
125.51(5)(a)4.
4. The department may annually issue a "Class B" permit to any club that holds a valid certificate issued under
s. 73.03 (50), is organized to engage in sports similar to curling, golf, tennis or yachting and that held a license from July 1, 1950, to June 30, 1951, as long as it is continuously operated under substantially the same circumstances under which it operated during the year beginning July 1, 1950, if the club is located in a municipality that does not issue "Class B" licenses.
125.51(5)(b)1.a.
a. "Arena" means a public building with a capacity of 4,000 or more persons used principally for the conduct of sports events.
125.51(5)(b)1.b.
b. "Coliseum" means a public multipurpose facility designed for activities of the public, which may include but are not limited to sports events, trade shows, conventions, seminars, concerts, banquets and fairs.
125.51(5)(b)1.c.
c. "Concessionaire" means a person designated by resolution of the governing body of a county or municipality owning an airport or public facility to operate premises in the airport or public facility.
125.51(5)(b)1.d.
d. "Public facility" means an arena, coliseum, related exposition facilities or center for the performing or visual arts.
125.51(5)(b)1.e.
e. "Related exposition facility" means buildings constructed on the same grounds as a coliseum and used for the same or ancillary functions.
125.51(5)(b)2.
2. The department shall issue a "Class B" permit to a concessionaire that holds a valid certificate issued under
s. 73.03 (50) and that conducts business in an operating airport or public facility, if the county or municipality which owns the airport or public facility has, by resolution of its governing body, annually applied to the department for the permit. The permit authorizes the sale of intoxicating liquor for consumption by the glass and not in the original package or container on the premises.
125.51(5)(b)3.
3. Except as provided in this paragraph, all sections of this chapter relating to "Class B" licenses apply to "Class B" permits issued under this paragraph.
125.51(5)(b)4.
4. The department may not issue a permit under this paragraph to any county or municipality or officer or employe thereof.
125.51(5)(c)1.1. The department may issue a "Class B" permit to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5) authorizing the sale of intoxicating liquor for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under
s. 29.01 (9) and
(11) if the vessel either serves food and has an approved passenger capacity of not less than 40 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of all of the food and beverages served on the vessel or if the vessel has an approved passenger capacity of at least 100 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of the vessel. The department may issue the permit only if the vessel leaves its place of mooring while the sale of intoxicating liquor is taking place and if the vessel fulfills the requirement under
par. (c) 1m. A permit issued under this subdivision also authorizes the permittee to store intoxicating liquor purchased for sale on the vessel on premises owned or leased by the permittee and located near the vessel's regular place of mooring. The permittee shall describe on the permit application under
s. 125.04 (3) (a) 3. the premises where the intoxicating liquor will be stored. The premises shall be open to inspection by the department upon request.
125.51(5)(c)1m.
1m. An applicant for a permit under
par. (a) shall provide proof that the vessel is certified by the U.S. coast guard, classed by the American bureau of shipping or covered by liability insurance.
125.51(5)(c)3.
3. Except as provided in this paragraph, all provisions of this chapter applying to "Class B" licenses apply to "Class B" permits issued under
subd. 1.
125.51(5)(c)4.
4. A person holding a permit under
subd. 1. shall keep all invoices relating to the purchase of intoxicating liquor for sale on a vessel at the location where the intoxicating liquor is customarily stored.
