125.05(2)(a)(a)
Residence district. In this subsection, "residence district" means any clearly described compact, contiguous territory in any municipality bounded by corporation or ward lines, public streets, public roads, public alleys or water courses, in which not less than 100 and not more than 750 qualified electors reside.
125.05(2)(b)
(b)
No previous licenses. A residence district may be created in a municipality which has not previously issued a license to sell intoxicating liquor in the residence district if a majority of the district's electors sign and file with the municipal clerk on or before May 1 in any year a written remonstrance describing the boundaries of the residence district and stating that no license may be issued within the district.
125.05(2)(c)
(c)
Previous licenses. A residence district may be created in a municipality which has previously issued a license to sell intoxicating liquor in the residence district if a majority of the district's electors sign and file with the municipal clerk not earlier than May 1 nor later than May 15 in any year, a written remonstrance describing the boundaries of the residence district and stating that no licenses may be issued within the district.
125.05(2)(d)
(d)
Limits on district. The greatest length of a residence district may not be more than 4 times its narrowest width. No part of any one residence district once created by the electors may be used to create another residence district. A residence district or part thereof in which licenses may not be issued may not be used to create another residence district. Property occupied exclusively for educational, religious or charitable purposes and public parks in residence districts may be included in residence districts as residence property, but shall not be used in determining the boundaries or size of any such district.
125.05(2)(e)
(e)
Restrictions on licenses in residence districts. No license to sell intoxicating liquor may be issued in a residence district created under
par. (b) or
(c) after a remonstrance is filed except:
125.05(2)(e)1.
1. Licenses may be issued for specific locations within a residence district under
par. (b) if a majority of the electors in the district sign and file with the municipal clerk written consent for the issuance of licenses for the specific locations.
125.05(2)(e)2.
2. Licenses may be issued in residence districts created under
par. (c) if a majority of the electors in the district sign and file with the municipal clerk a counter petition stating that licenses may be issued in that district.
125.05(2)(f)
(f)
Exclusions. The prohibition on the issuance of licenses within a residence district does not apply to:
125.05(2)(f)1.
1. The frontage of that side of any street or road between intersecting streets or roads in any city, village or town upon which one-third of the lineal feet of the property abutting thereon is devoted to or used for a commercial, mercantile, manufacturing or other business purpose.
125.05(2)(f)2.
2. The street or road frontage on either side of such street or road if one-third of the lineal feet of property abutting on both sides thereof between intersecting streets or roads is so used.
125.05(2)(f)3.
3. The frontage on either or both sides of a highway in towns or unincorporated villages within a distance of 400 feet if one-third of the lineal feet of the property abutting upon the highway within that distance is so used.
125.05(2)(f)4.
4. Actual and bona fide hotels maintaining, in 1st class cities, 50 or more sleeping rooms for the accommodation of transient guests; in 2nd class cities, 25 or more such rooms; in 3rd class cities, 18 or more such rooms; and in 4th class cities, 10 or more such rooms.
125.05(2)(g)
(g)
Documents; signatures and circulation. The electors signing a remonstrance, consent or counter petition under
par. (b),
(c) or
(e) shall subscribe to the document their names together with, in cities and villages, the street or lot and block numbers of their residences and, in towns, the quarter-section numbers of their residences. Each elector shall sign the document before a resident of the district who is circulating it. Each person circulating a document shall file an affidavit that each signer is a qualified elector of the residence district referred to in the document and that the signers' names and addresses on the document are genuine. No elector may sign more than one remonstrance or counter petition affecting the elector's residence district. The documents may be separate. Any number of persons may circulate the documents.
125.05(2)(h)
(h)
Number of electors. The number of electors in a residence district shall equal not less than the number of names with residences in the district which appear on the registration list, as defined in
s. 5.02 (17), for the residence district on the date that the remonstrance, consent, or counter petition is filed. A person whose name does not appear on a registration list may not sign a protest petition, consent or counter petition.
125.05(2)(i)
(i)
Notice. At least 5 days before soliciting signatures to any remonstrance or counter petition, notice of intent to do so, describing the boundaries of the proposed residence district, shall be published as a class 1 notice under
ch. 985, in the district described in the remonstrance or counter petition. No remonstrance or counter petition may be filed before proof of compliance with this section is filed with the clerk of the municipality.
125.05(2)(j)
(j)
Publication, objections and effects of filing. Within 10 days after a remonstrance or counter petition has been filed, the officials of the municipality authorized to issue licenses for the sale of intoxicating liquor shall publish a class 1 notice, under
ch. 985, within the residence district stating that at a hearing held on a day fixed by the officials:
125.05(2)(j)1.
1. The officials will examine and consider the remonstrance or counter petition.
125.05(2)(j)2.
2. Any person objecting to the sufficiency of the remonstrance or counter petition may appear before the officials and file objections to the remonstrance or counter petition.
125.05(2)(j)4.
4. The officials shall identify any material defect in the remonstrance or counter petition and point them out to the persons who filed the remonstrance or counter petition.
125.05(2)(j)5.
5. The persons who filed the remonstrance or counter petition shall be permitted to correct the defects within 15 days after the hearing.
125.05(2)(j)6.
6. If the defects are corrected, no license may be issued within the residence district except as provided in
pars. (e) and
(f). If the defects are not corrected, licenses may continue to be issued within the district.
125.06
125.06
License and permit exceptions. No license or permit is required under this chapter for:
125.06(1)
(1) Brewers' premises. The furnishing, by brewers, of fermented malt beverages free of charge to customers, visitors and employees on the brewery premises if the fermented malt beverages are consumed on the brewery premises and are not furnished or consumed in or near any room or place where intoxicating liquor is sold.
125.06(2)
(2) Hospitals; practice of medicine or surgery. 125.06(2)(a)(a) The use of alcohol beverages in institutions licensed under
subchs. I and
II of ch. 50 where the beverages are used solely for medicinal, mechanical or scientific purposes.
125.06(2)(b)
(b) The use or prescription of alcohol beverages by a person licensed to practice medicine or surgery in the treatment of the sick.
125.06(2)(c)
(c) Notwithstanding
pars. (a) and
(b), a permit to receive shipments of alcohol under
s. 125.61 must be obtained before alcohol beverages may be used or prescribed under
pars. (a) and
(b).
125.06(3)
(3) Homemade wine or fermented malt beverages. The manufacture of wine or fermented malt beverages of any alcoholic content by any person at his or her home, farm or place of residence if the wine or fermented malt beverages is to be consumed by that person or his or her family and guests, and if the person manufacturing the wine or fermented malt beverages receives no compensation.
125.06(4)
(4) Unadulterated cider. The manufacture or sale of unadulterated apple cider.
125.06(5)
(5) Railroads, aircraft. The sale of alcohol beverages on any railroad dining, buffet or cafe car or aircraft, while in transit. Except as authorized under
s. 125.26 (3m) or
125.51 (3) (dm), alcohol beverages may be consumed in a railroad dining, buffet or cafe car or aircraft only while it is in transit.
125.06(6)
(6) Public parks. The sale of fermented malt beverages in any public park operated by a county or municipality. Fermented malt beverages shall be sold by officers or employees of the county or municipality under an ordinance, resolution, rule or regulation enacted by the governing body.
125.06(7)
(7) Judicial, personal representative's, guardian's, receiver's or trustee's sale. The sale of alcohol beverages at any judicial, personal representative's or guardian's sale or any sale by a receiver or trustee in insolvency or bankruptcy, where the estate being administered possesses a license or permit in effect on the date of such sale.
125.06(8)
(8) Sale by secured party. The sale of alcohol beverages by a secured party in good faith under the terms of a security agreement, if the sale is not for the purpose of avoiding this chapter or
ch. 139. The sale must be in the ordinary course of the business of lending money secured by a security interest in alcohol beverages or warehouse receipts or other evidence of ownership. A sale of fermented malt beverages must be made within 15 days after the secured party takes possession of the fermented malt beverages unless the secured party demonstrates good cause why a sale in compliance with
s. 409.610 (2) or the security agreement cannot be made within this time period.
125.06(9)
(9) Ceramic bottle collectors. The sale of ceramic commemorative bottles or other uniquely designed decanters which contain intoxicating liquor, by collectors of such containers to other collectors of such containers.
125.06(10)
(10) Raffles. The awarding of alcohol beverages in original, unopened packages, containers or bottles as a prize, in a raffle conducted by an organization licensed to conduct the raffle under
ch. 563, to any person who has attained the legal drinking age.
125.06(11)
(11) Auction sales. The sale by an auction house at public auction of a collection of sealed bottles of intoxicating liquor or unopened beer cans for the purpose of settling an estate or disposing of the collection or the auction sale of sealed bottles or containers of wine or of unopened bottles of intoxicating liquor or fermented malt beverages by a charitable organization, as defined in
s. 440.41 (1), at an auction held to raise money for the charitable organization.
125.06(11m)
(11m) Wine collectors. The sale by a wine collector to any other wine collector of manufacturer-sealed bottles or containers of wine that the selling wine collector has held for at least 8 years if the selling wine collector has provided prior notice of the sale to the department. No more than one sale in any 12-month period may be conducted by a wine collector under this paragraph.
125.06 Cross-reference
Cross-reference: See also s.
Tax 8.03, Wis. adm. code.
125.06(12)
(12) Bed and breakfast establishments. The provision by a bed and breakfast establishment, as defined under
s. 254.61 (1), of not more than 2 complimentary 4-fluid-ounce glasses of wine per day to a person renting a room at the bed and breakfast establishment for consumption on the premises of the bed and breakfast establishment.
125.06(13)
(13) Wine sampling on "Class A" premises. 125.06(13)(a)(a) The provision of wine taste samples of not more than 3 fluid ounces each, free of charge, by a "Class A" licensee to customers and visitors for consumption on the premises. No "Class A" licensee may provide more than 2 taste samples per day to any one person. This subsection applies only between the hours of 11 a.m. and 7 p.m. Notwithstanding
s. 125.07 (1) (a) 1., no "Class A" licensee may provide taste samples under this subsection to any underage person. No "Class A" licensee may provide as taste samples under this subsection wine that the "Class A" licensee did not purchase from a wholesaler.
125.06(13)(b)
(b) Notwithstanding
par. (a) and
s. 125.10 (1), a municipality may prohibit the provision of wine under this subsection.
125.07
125.07
Underage and intoxicated persons; presence on licensed premises; possession; penalties. 125.07(1)
(1)
Alcohol beverages; restrictions relating to underage persons. 125.07(1)(a)1.1. No person may procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
125.07(1)(a)2.
2. No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
125.07(1)(a)3.
3. No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the adult or under the adult's control. This subdivision does not apply to alcohol beverages used exclusively as part of a religious service.
125.07(1)(b)1.1. In this paragraph, "violation" means a violation of this subsection or of a local ordinance that strictly conforms to
par. (a) if the violation results in an imposition of a forfeiture or a conviction. For purposes of determining previous violations under
subd. 2., the 30-month period shall be measured from the dates of violations that resulted in an imposition of a forfeiture or a conviction. For the purpose of determining whether or not a previous violation has occurred, if more than one violation occurs at the same time all those violations shall be counted as one violation.
125.07(1)(b)2.a.
a. Required to forfeit not more than $500 if the person has not committed a previous violation within 30 months of the violation.
125.07(1)(b)2.b.
b. Fined not more than $500 or imprisoned for not more than 30 days or both if the person has committed a previous violation within 30 months of the violation.
125.07(1)(b)2.c.
c. Fined not more than $1,000 or imprisoned for not more than 90 days or both if the person has committed 2 previous violations within 30 months of the violation.
125.07(1)(b)2.d.
d. Fined not more than $10,000 or imprisoned for not more than 9 months or both if the person has committed 3 or more previous violations within 30 months of the violation.
125.07(1)(b)3.
3. A court shall suspend any license or permit issued under this chapter to a person for:
125.07(1)(b)3.a.
a. Not more than 3 days, if the court finds that the person committed a violation within 12 months after committing one previous violation;
125.07(1)(b)3.b.
b. Not less than 3 days nor more than 10 days, if the court finds that the person committed a violation within 12 months after committing 2 other violations; or
125.07(1)(b)3.c.
c. Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing 3 other violations.
125.07(1)(b)4.
4. The court shall promptly mail notice of a suspension under this paragraph to the department and to the clerk of each municipality which has issued a license or permit to the person.
125.07(1)(b)5.
5. A person who holds a Class "A" license, a Class "B" license or permit, a "Class A" license or a "Class B" license or permit who commits a violation is subject to
subd. 3. but is not subject to
subd. 2. or
s. 125.11.
125.07(1)(b)6.
6. Only one penalty may be imposed under this paragraph for each underage person who is provided alcohol beverages contrary to this section or a local ordinance in conformity with this section.
125.07(2)
(2) Sales of alcohol beverages to intoxicated persons. 125.07(2)(a)1.1. No person may procure for, sell, dispense or give away alcohol beverages to a person who is intoxicated.
125.07(2)(a)2.
2. No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated.
125.07(2)(b)
(b)
Penalties. Any person who violates
par. (a) shall be fined not less than $100 nor more than $500 or imprisoned for not more than 60 days or both.
125.07(3)
(3) Presence in places of sale; penalty. 125.07(3)(a)(a)
Restrictions. An underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age may not enter, knowingly attempt to enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued, for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his or her employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises. This paragraph does not apply to:
125.07(3)(a)1.
1. An underage person who is a resident, employee, lodger or boarder on the premises controlled by the proprietor, licensee or permittee of which the licensed premises consists or is a part.
125.07(3)(a)2.
2. An underage person who enters or is on a Class "A" or "Class A" premises for the purpose of purchasing items other than alcohol beverages. An underage person so entering the premises may not remain on the premises after the purchase.
125.07(3)(a)3.
3. Hotels, drug stores, grocery stores, bowling centers, billiards centers having on the premises 12 or more billiards tables that are not designed for coin operation and that are 8 feet or longer in length, indoor golf simulator facilities, service stations, vessels, cars operated by any railroad, regularly established athletic fields, outdoor volleyball courts that are contiguous to a licensed premises, stadiums, public facilities as defined in
s. 125.51 (5) (b) 1. d. which are owned by a county or municipality or centers for the visual or performing arts.
125.07(3)(a)3m.
3m. Premises having an indoor volleyball court that measures at least 9 meters by 18 meters in area. The exception under this subdivision does not authorize an underage person to loiter in any room that is primarily used for the sale or consumption of alcohol beverages.
125.07(3)(a)3r.
3r. Any privately owned business that exists to provide recreational fishing opportunities to the public for a fee and that is registered under
s. 95.60 (3m) if the sale of alcohol beverages accounts for less than 30 percent of the business's gross receipts.
125.07(3)(a)4.
4. Premises in the state fair park, concessions authorized on state-owned premises in the state parks and state forests as defined or designated in
chs. 27 and
28, and parks owned or operated by agricultural societies.
125.07(3)(a)5.
5. Ski chalets, golf courses and golf clubhouses, racetracks licensed under
ch. 562, curling clubs, private soccer clubs and private tennis clubs.
125.07(3)(a)6.
6. Premises operated under both a Class "B" or "Class B" license or permit and a restaurant permit where the principal business conducted is that of a restaurant. If the premises are operated under both a Class "B" or "Class B" license or permit and a restaurant permit, the principal business conducted is presumed to be the sale of alcohol beverages, but the presumption may be rebutted by competent evidence.
125.07(3)(a)6m.
6m. Premises operating under both a "Class C" license and a restaurant permit.
125.07(3)(a)7.
7. An underage person who enters or remains on a Class "B" or "Class B" premises for the purpose of transacting business at an auction or market, if the person does not enter or remain in a room where alcohol beverages are sold, furnished or possessed.
125.07(3)(a)8.
8. An underage person who enters or remains in a room on Class "B" or "Class B" licensed premises separate from any room where alcohol beverages are sold or served, if no alcohol beverages are furnished or consumed by any person in the room where the underage person is present and the presence of underage persons is authorized under this subdivision. An underage person may enter and remain on Class "B" or "Class B" premises under this subdivision only if the municipality which issued the Class "B" or "Class B" license adopts an ordinance permitting underage persons to enter and remain on the premises as provided in this subdivision and the law enforcement agency responsible for enforcing the ordinance issues to the Class "B" or "Class B" licensee a written authorization permitting underage persons to be present under this subdivision on the date specified in the authorization. Before issuing the authorization, the law enforcement agency shall make a determination that the presence of underage persons on the licensed premises will not endanger their health, welfare or safety or that of other members of the community. The licensee shall obtain a separate authorization for each date on which underage persons will be present on the premises.
125.07(3)(a)9.
9. A person who is at least 18 years of age and who is working under a contract with the licensee, permittee or corporate agent to provide entertainment for customers on the premises.
125.07(3)(a)10.
10. An underage person who enters or remains on Class "B" or "Class B" licensed premises on a date specified by the licensee or permittee during times when no alcohol beverages are consumed, sold or given away. During those times, the licensee, the agent named in the license if the licensee is a corporation or limited liability company or a person who has an operator's license shall be on the premises unless all alcohol beverages are stored in a locked portion of the premises. The licensee shall notify the local law enforcement agency, in advance, of the times underage persons will be allowed on the premises under this subdivision.
125.07(3)(a)11.
11. An underage person who enters or remains in a dance hall or banquet or hospitality room attached to Class "B" or "Class B" licensed premises for the purpose of attending a banquet, reception, dance, or other similar event.
125.07(3)(a)12.
12. An underage person who enters and remains on premises for which a temporary Class "B" license is issued under
s. 125.26 (6) if the licensee is authorized by the official or body of the municipality that issued the license to permit underage persons to be on the premises under
s. 125.26 (6) and if the licensee permits underage persons to be on the premises.
125.07(3)(a)13.
13. An underage person who enters or remains in a banquet or hospitality room on brewery premises operated under a Class "B" or "Class B" license for the purpose of attending a brewery tour.
