125.14(6)(b)
(b)
Discovery. In a prosecution for a violation of this chapter that may result in the imposition of a forfeiture, neither party is entitled to pretrial discovery, except that, if the defendant moves within 30 days after the initial appearance in person or by an attorney and shows cause therefor, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under
s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed.
125.145
125.145
Prosecutions by attorney general or department. Upon request by the secretary of revenue, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this chapter. The department may represent this state in prosecuting any violation of
s. 125.54 (7) (a) or
(b) and shall bring any such action in the circuit court for Dane County.
125.145 History
History: 1985 a. 302;
2005 a. 25.
125.15
125.15
Actions against intoxicating liquor wholesalers. 125.15(1)(1) An intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association that makes a written complaint to the department under
s. 125.12 (6) of a violation of
s. 125.54 (7) (a) may bring an action to enforce the provisions of
s. 125.54 (7) if any of the following apply:
125.15(1)(b)
(b) The department has rendered a decision under
s. 125.12 (6) in which the department has determined that a violation has occurred but no action has been brought in circuit court by the department, attorney general, or a district attorney to prosecute the violation.
125.15(2)
(2) An intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association that brings an action under
sub. (1) shall be entitled to recover reasonable attorney fees if found to be the prevailing party.
125.15 History
History: 2005 a. 25.
125.16
125.16
Actions to recover price denied. No action may be brought to recover the price of any alcohol beverages sold in violation of this chapter or
ch. 139.
125.16 History
History: 1981 c. 79.
125.17
125.17
Issuance of operators' licenses. 125.17(1)
(1)
Authorization. Every municipal governing body shall issue an operator's license to any applicant who is qualified under
s. 125.04 (5). Operators' licenses may not be required other than for the purpose of complying with
ss. 125.32 (2) and
125.68 (2) or
s. 125.06 (3g). Operators' licenses may be issued only upon written application.
125.17(2)
(2) Validity. Operators' licenses are valid only within the issuing municipality.
125.17(3)
(3) Fee. The municipal governing body shall establish by ordinance a fee for the operator's license. Except as provided under
sub. (4), a license shall be valid for one or 2 years, as determined by the municipal governing body, and shall expire on June 30, except in 1st class cities the license shall expire on December 31.
125.17(4)
(4) Temporary license. Any municipal governing body may issue a temporary operator's license under the terms of
subs. (1) to
(3), except that:
125.17(4)(a)
(a) This license may be issued only to operators employed by, or donating their services to, nonprofit corporations.
125.17(4)(b)
(b) No person may hold more than 2 licenses of this kind per year.
125.17(4)(c)
(c) The license is valid for any period from one day to 14 days, and the period for which it is valid shall be stated on the license.
125.17(5)(a)1.1. A municipal governing body that issues operators' licenses shall issue provisional operators' licenses. Subject to
subd. 2., the municipal governing body may by ordinance establish standards under which provisional licenses shall be issued and shall by ordinance designate the municipal official having authority to issue them.
125.17(5)(a)2.
2. Subject to
pars. (b) to
(e), a municipal governing body that issues operators' licenses shall issue a provisional operator's license to a person who, at the time of application for an operator's license under
sub. (1) and payment of the fee under
sub. (3), files a certified copy of a valid operator's license issued by another municipality.
125.17(5)(b)
(b) A provisional license may be issued only to a person who has applied for an operator's license under
sub. (1). A provisional license may not be issued to any person who has been denied a license under
sub. (1) by the municipal governing body.
125.17(5)(c)
(c) The municipal governing body shall establish the fee for a provisional license. The fee may not exceed $15.
125.17(5)(d)1.1. Except as provided in
subd. 2., a provisional license expires 60 days after its issuance or when a license under
sub. (1) is issued to the holder, whichever is sooner.
125.17(5)(d)2.
2. A provisional license issued under
par. (a) 2. expires as provided under
subd. 1. or upon expiration of the operator's license issued by another municipality and filed under
par. (a) 2., whichever is sooner.
125.17(5)(e)
(e) The official who issued the provisional license may revoke the license if he or she discovers that the holder of the license made a false statement on the application or, if the provisional license is issued under
par. (a) 2., if the official determines that the operator's license issued by another municipality and filed under
par. (a) 2. is not valid or upon denial of the person's application for an operator's license under
sub. (1).
125.17(6)(a)(a) Except as provided in
par. (b), no municipal governing body may issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course, which may include computer-based training and testing, that is approved by the department or the educational approval board, or unless the applicant fulfills one of the following requirements:
125.17(6)(a)2.
2. Within the past 2 years, the person held a Class “A", “Class A" or “Class C" license or a Class “B" or “Class B" license or permit or a manager's or operator's license.
125.17(6)(a)3.
3. Within the past 2 years, the person has completed such a training course.
125.17(6)(b)
(b) A municipal governing body shall issue a provisional operator's license to a person who is enrolled in a training course under
par. (a) and who meets the standards established by the municipality by ordinance, if any. The municipal governing body shall revoke that license if the applicant fails successfully to complete the course in which he or she enrolls.
125.17(6)(c)
(c) No municipal governing body may require that applicants for operators' licenses undergo training in addition to that under
par. (a) but may require applicants to purchase at cost materials that deal with relevant local subjects not covered in the course under
par. (a).
125.18
125.18
Issuance of managers' licenses. 125.18(1)
(1)
Authorization. A municipal governing body may provide by ordinance for the issuance of managers' licenses. Managers' licenses may not be required other than for the purpose of complying with
ss. 125.32 (1) and
125.68 (1). Managers' licenses may be issued only upon written application.
125.18(2)
(2) Validity. Managers' licenses are valid only within the issuing municipality.
125.18(3)
(3) Fee. The municipal governing body may establish by ordinance a fee for the manager's license, but the fee may not exceed $25 per year. The license shall be valid for no more than one year and shall expire on June 30.
125.18 History
History: 1981 c. 79,
391.
125.185
125.185
Provisional retail licenses. 125.185(1)
(1) A municipal governing body that issues licenses authorizing the retail sale of fermented malt beverages, intoxicating liquor or wine shall issue provisional retail licenses. The municipal governing body may by ordinance establish standards under which provisional retail licenses shall be issued and shall by ordinance designate the municipal official having authority to issue provisional retail licenses.
125.185(2)
(2) A provisional retail license may be issued only to a person who has applied for a Class “A", Class “B", “Class A", “Class B" or “Class C" license and authorizes only the activities that the type of retail license applied for authorizes.
125.185(3)
(3) The municipal governing body shall by ordinance establish the fee for a provisional retail license. The fee may not exceed $15.
125.185(4)
(4) A provisional retail license expires 60 days after its issuance or when the Class “A", Class “B", “Class A", “Class B" or “Class C" license is issued to the holder, whichever is sooner. The official who issued the provisional retail license may revoke the license if he or she discovers that the holder of the license made a false statement on the application.
125.185(5)
(5) Notwithstanding
sub. (1), a municipal official may not issue a provisional “Class B" license if the municipality's quota under
s. 125.51 (4) prohibits the municipality from issuing a “Class B" license.
125.185(6)
(6) No person may hold more than one provisional retail license for each type of license applied for by the holder per year.
125.185 History
History: 1995 a. 23.
125.19
125.19
Alcohol beverage warehouse permit. 125.19(1)(1)
Issuance. The department shall issue an alcohol beverage warehouse permit which authorizes the permittee to store and warehouse alcohol beverages in warehouse premises covered by the permit, subject to rules adopted by the department. The permit does not authorize the sale of any alcohol beverages.
125.19(2)
(2) Eligibility. Alcohol beverage warehouse permits may be issued only to a person who holds a valid certificate issued under
s. 73.03 (50) and is qualified under
s. 125.04 (5), except a person acting as an agent for or in the employ of another. Notwithstanding
s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.
FERMENTED MALT BEVERAGES
125.25
125.25
Class “A" licenses. 125.25(1)
(1) Every municipal governing body may issue Class “A" licenses for the sale of fermented malt beverages from premises within the municipality. A Class “A" license authorizes retail sales of fermented malt beverages for consumption off the premises where sold and in original packages, containers, and bottles. A Class “A" license also authorizes the licensee to provide, free of charge, to customers and visitors who have attained the legal drinking age fermented malt beverages taste samples that are not in original packages, containers, or bottles and that do not exceed 3 fluid ounces each, for consumption on the Class “A" premises. No Class “A" licensee may provide more than 2 taste samples per day to any one person. Taste samples may be provided under this subsection only between the hours of 11 a.m. and 7 p.m. Any other provision of this chapter applicable to retail sales of fermented malt beverages by a Class “A" licensee also applies to the provision of taste samples, free of charge, of fermented malt beverages by a Class “A" licensee. A license may be issued after July 1. That license shall expire on the following June 30.
125.25(2)(a)(a) 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.
125.25(2)(b)1.1. A Class “A" license may not be issued to a person holding a wholesaler's permit issued under
s. 125.28 or to a person who has a direct or indirect ownership interest in a premises operating under a wholesaler's permit issued under
s. 125.28.
125.25(2)(b)5.
5. A Class “A" license may not be issued to a person holding a brewpub permit issued under
s. 125.295 or to a person who has a direct or indirect ownership interest in a premises operating under a brewpub permit issued under
s. 125.295.
125.25(3)
(3) Class “A" licenses shall particularly describe the premises for which issued and are not transferable, except under
s. 125.04 (12). A Class “A" license is subject to revocation for violation of any of the terms or provisions thereof.
125.25(4)
(4) The fee for a Class “A" license shall be determined by the municipal governing body issuing the license. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
125.26
125.26
Class “B" licenses. 125.26(1)
(1) Every municipal governing body may issue Class “B" licenses for the sale of fermented malt beverages from premises within the municipality and may authorize an official or body of the municipality to issue temporary Class “B" licenses under
sub. (6). A Class “B" license authorizes retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises. A license may be issued after July 1. That license shall expire on the following June 30. Persons holding a Class “B" license may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under
s. 66.0433 (1).
125.26(2)(a)(a) Class “B" licenses may be issued to any person qualified under
s. 125.04 (5). Such licenses may not be issued to any person acting as agent for or in the employ of another except that this restriction does not apply to a hotel or restaurant which is not a part of or located on the premises of any mercantile establishment, or to a bona fide club, society or lodge that has been in existence for at least 6 months before the date of application. A Class “B" license for a hotel, restaurant, club, society or lodge may be issued in the name of an officer who shall be personally responsible for compliance with this chapter.
125.26(2)(b)1.1. Except as provided in
s. 125.295, Class “B" licenses may not be issued to brewers or brewpubs.
125.26(2)(b)2.
2. A Class “B" license may not be issued to a person holding a wholesaler's permit issued under
s. 125.28 or to a person who has a direct or indirect ownership interest in a premises operating under a wholesaler's permit issued under
s. 125.28.
125.26(2m)
(2m) Notwithstanding
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 fermented malt beverages in the guest's room which is not part of the Class “B" premises. Fermented malt beverages furnished under this subsection 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 fermented malt beverages shall be removed from the room, when the room is not occupied and when fermented malt beverages are not being furnished under this subsection. 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 fermented malt beverages in the hotel room. Fermented malt beverages may be furnished at the time the guest occupies the room, but for purposes of this chapter, the sale of fermented malt beverages furnished under this subsection is considered to occur at the time and place that the guest pays for the fermented malt beverages. Notwithstanding
s. 125.32 (3), the guest may pay for the fermented malt beverages 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 subsection 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.
125.26(2s)(a)1.
1. “Coliseum" means a multipurpose facility designed principally for sports events, with a capacity of 18,000 or more persons.
125.26(2s)(a)2.
2. “Concessionaire" means a person designated by the owner or operator of a coliseum to operate premises in the coliseum and to provide fermented malt beverages to holders of coliseum suites.
125.26(2s)(b)
(b) Notwithstanding
s. 125.04 (3) (a) 3. and
(9), a Class “B" license authorizes a person operating a coliseum or a concessionaire to furnish the holder of a coliseum suite who has attained the legal drinking age with a selection of fermented malt beverages in the coliseum suite that is not part of the Class “B" premises. Fermented malt beverages 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 or the coliseum suite must be capable of being locked. The cabinet, refrigerator or other secure storage place or the coliseum suite shall be locked, or the fermented malt beverages shall be removed from the coliseum suite, when the coliseum suite is not occupied and when fermented malt beverages are not being furnished under this paragraph. Fermented malt beverages may be furnished at the time the holder occupies the coliseum suite, but for purposes of this chapter, the sale of fermented malt beverages furnished under this paragraph is considered to occur at the time and place that the holder pays for the fermented malt beverages. Notwithstanding
s. 125.32 (3), the holder of a coliseum suite may pay for the fermented malt beverages at any time if he or she pays in accordance with the terms of an agreement with the person operating the coliseum or with the concessionaire. 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.
125.26(2u)
(2u) Notwithstanding
ss. 125.04 (3) (a) 3. and
(9) and
125.09 (1), in addition to the authorization specified in
sub. (1), a Class “B" license issued under this section to a caterer also authorizes the caterer to provide fermented malt beverages, including their retail sale, at the National Railroad Museum in Green Bay during special events held at this museum. Notwithstanding
sub. (1), a caterer may provide fermented malt beverages under this subsection at any location at the National Railroad Museum even though the National Railroad Museum is not part of the caterer's licensed premises, as described under
sub. (3) in the caterer's Class “B" license, and even if the National Railroad Museum is not located within the municipality that issued the caterer's Class “B" license. A caterer that provides fermented malt beverages under this subsection is subject to
s. 125.32 (2) as if the fermented malt beverages were provided on the caterer's Class “B" licensed premises. This subsection does not authorize the National Railroad Museum to sell fermented malt beverages at retail or to procure or stock fermented malt beverages for purposes of retail sale. This subsection does not apply if, at any time, the National Railroad Museum holds a Class “B" license.
125.26(2w)
(2w) Notwithstanding
ss. 125.04 (3) (a) 3. and
(9) and
125.09 (1), in addition to the authorization specified in
sub. (1), a Class “B" license issued under this section to a caterer also authorizes the caterer to provide fermented malt beverages, including their retail sale, at the Heritage Hill state park during special events held at this park. Notwithstanding
sub. (1), a caterer may provide fermented malt beverages under this subsection at any location at the Heritage Hill state park even though the Heritage Hill state park is not part of the caterer's licensed premises, as described under
sub. (3) in the caterer's Class “B" license, and even if the Heritage Hill state park is not located within the municipality that issued the caterer's Class “B" license. A caterer that provides fermented malt beverages under this subsection is subject to
s. 125.32 (2) as if the fermented malt beverages were provided on the caterer's Class “B" licensed premises. This subsection does not authorize the Heritage Hill state park to sell fermented malt beverages at retail or to procure or stock fermented malt beverages for purposes of retail sale. This subsection does not apply if, at any time, the Heritage Hill state park holds a Class “B" license.
125.26(3)
(3) Class “B" licenses shall particularly describe the premises for which issued and are not transferable, except as provided in
s. 125.04 (12). A Class “B" license is subject to revocation for violation of any of the terms or provisions thereof.
125.26(3m)
(3m) A municipality may issue a Class “B" license authorizing retail sales of fermented malt beverages on a railroad car while the railroad car is standing in a specified location in the municipality.
125.26(4)
(4) The fee for a Class “B" license shall be determined by the municipal governing body issuing the license but the fee may not exceed $100 per year. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
125.26(5)
(5) Class “B" licenses may be issued at any time for a period of 6 months in any calendar year, for which 50 percent of the license fee shall be paid. Such licenses are not renewable during the calendar year in which issued.
125.26(6)
(6) Temporary Class “B" licenses may be issued to bona fide clubs and chambers of commerce, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least 6 months before the date of application, and to posts of veterans organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The amount of the fee for the license shall be determined by the municipal governing body issuing the license but may not exceed $10. An official or body authorized by a municipal governing body to issue temporary Class “B" licenses may, upon issuance of any temporary Class “B" license, authorize the licensee to permit underage persons to be on the premises for which the license is issued. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of fermented malt beverages from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of fermented malt beverages from the stands while the fair is being held. A municipal governing body may issue a temporary Class “B" license for premises that are covered by a “Class B" permit issued under
s. 125.51 (5) (b) 2. if the applicant meets the requirements of this subsection. If a license is issued under this subsection to a fair association solely for the purpose of conducting on the licensed premises fermented malt beverages judging or tasting events involving servings of fermented malt beverages no greater than one fluid ounce each,
s. 125.32 (2) does not apply to these licensed premises.
125.26 Annotation
A municipality has authority to limit the area of the premises when it grants a license. Here, the town chose to license the entire 8 acres of a resort as the premises for the sale, and also the consumption, of fermented malt beverages and intoxicating liquor. The town made that choice. The license was not void due to an insufficient description of the premises. Wisconsin Dolls, LLC v. Town of Dell Prairie,
2012 WI 76,
342 Wis. 2d 350,
815 N.W.2d 690,
10-2900.
