INTOXICATING LIQUOR
125.51
125.51
Retail licenses and permits. 125.51(1)(a)
(a) Subject to sub.
(2) (e) 2., 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 hold a permit under s.
125.54 or, with respect to the issuance or denial of licenses under this section, do any act in violation of s.
19.59 (1).
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. Subject to sub.
(2) (e) 2., 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)(am)
(am) In addition to the authorization under par.
(a) and s.
125.06 (13), a “Class A" license authorizes the licensee to provide, free of charge, to customers and visitors who have attained the legal drinking age, taste samples of intoxicating liquor other than wine that are not in original packages or containers and that do not exceed 0.5 fluid ounces each, for consumption on the “Class A" premises. No “Class A" licensee may provide more than one such taste sample per day to any one person. Taste samples may be provided under this paragraph only between the hours of 11 a.m. and 7 p.m. Any representative of a manufacturer, rectifier, winery, or out-of-state shipper issued a permit under s.
125.52,
125.53, or
125.58 may assist the “Class A" licensee in dispensing or serving the taste samples. No “Class A" licensee may provide as taste samples under this paragraph intoxicating liquor other than wine that the “Class A" licensee did not purchase from a wholesaler.
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)1.1. 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(2)(d)2.
2. Notwithstanding subd.
1., there is no annual fee or initial issuance fee for a “Class A" license issued under par.
(e) 2. 125.51(2)(e)1.1. In this paragraph, “
cider" means any alcohol beverage that is obtained from the fermentation of the juice of apples or pears and that contains not less than 0.5 percent alcohol by volume and not more than 7.0 percent alcohol by volume. “Cider" includes flavored, sparkling, and carbonated cider.
125.51(2)(e)2.
2. Notwithstanding s.
125.68 (3), upon application, a municipal governing body shall grant and issue a “Class A" license to the applicant if all of the following apply:
125.51(2)(e)2.a.
a. The application is made for a “Class A" license containing the condition that retail sales of intoxicating liquor are limited to cider.
125.51(2)(e)2.b.
b. The applicant holds a Class “A" license issued under s.
125.25 for the same premises for which the “Class A" license application is made.
125.51(2)(e)3.
3. Notwithstanding par.
(a) and s.
125.06 (13), a person issued a “Class A" license under subd.
2. may not make retail sales, or provide taste samples, of any intoxicating liquor other than cider. Paragraph
(am) does not apply to a person issued a “Class A" license under subd.
2. 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)(bs)1.a.
a. “Coliseum" means a multipurpose facility designed principally for sports events, with a capacity of 18,000 or more persons.
125.51(3)(bs)1.b.
b. “Concessionaire" means a person designated by the owner or operator of a coliseum to operate premises in the coliseum and to provide intoxicating liquor to holders of coliseum suites.
125.51(3)(bs)2.
2. Notwithstanding pars.
(a) and
(b) and s.
125.04 (3) (a) 3. and
(9), a “Class B" license authorizes a person operating a coliseum to furnish the holder of a coliseum suite who has attained the legal drinking age with a selection of intoxicating liquor in the coliseum suite that is not part of the “Class B" premises. Intoxicating liquor furnished under this subdivision 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 intoxicating liquor shall be removed from the coliseum suite, when the coliseum suite is not occupied and when intoxicating liquor is not being furnished under this subdivision. Intoxicating liquor may be furnished at the time the holder of the coliseum suite occupies the coliseum suite, but for purposes of this chapter, the sale of intoxicating liquor furnished under this subdivision is considered to occur at the time and place that the holder pays for the intoxicating liquor. Notwithstanding s.
125.68 (4) (c), the holder of a coliseum suite may pay for the intoxicating liquor at any time if he or she pays in accordance with an agreement with the person operating the coliseum or with the concessionaire. An individual who stocks or accepts payment for alcohol beverages under this subdivision 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)(bu)
(bu) Notwithstanding ss.
125.04 (3) (a) 3. and
(9) and
125.09 (1), in addition to the authorization specified in sub.
(1) (a) and in sub.
(3) (a) or
(b), a “Class B" license issued under sub.
(1) to a caterer also authorizes the caterer to provide intoxicating liquor, including its retail sale, at the National Railroad Museum in Green Bay during special events held at this museum. Notwithstanding subs.
(1) (a) and
(3) (a) and
(b), a caterer may provide intoxicating liquor under this paragraph 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 par.
(d) 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 intoxicating liquor under this paragraph is subject to s.
125.68 (2) as if the intoxicating liquor were provided on the caterer's “Class B" licensed premises. This paragraph does not authorize the National Railroad Museum to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply if, at any time, the National Railroad Museum holds a “Class B" license.
125.51(3)(bw)
(bw) Notwithstanding ss.
125.04 (3) (a) 3. and
(9) and
125.09 (1), in addition to the authorization specified in par.
(a) or
(b) and in sub.
(1) (a), a “Class B" license issued under sub.
(1) to a caterer also authorizes the caterer to provide intoxicating liquor, including its retail sale, at the Heritage Hill state park during special events held at this park. Notwithstanding pars.
(a) and
(b) and sub.
(1) (a), a caterer may provide intoxicating liquor under this paragraph 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 par.
(d) 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 intoxicating liquor under this paragraph is subject to s.
125.68 (2) as if the intoxicating liquor were provided on the caterer's “Class B" licensed premises. This paragraph does not authorize the Heritage Hill state park to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply if, at any time, the Heritage Hill state park holds a “Class B" license.
125.51(3)(bx)
(bx) Notwithstanding ss.
125.04 (3) (a) 3. and
(9) and
125.09 (1), in addition to the authorization specified in par.
(a) or
(b) and in sub.
(1) (a), a “Class B" license issued under sub.
(1) also authorizes the licensee to provide intoxicating liquor, including its retail sale, at specific locations within the Ozaukee County fairgrounds for consumption at these locations during special events held at the fairgrounds, if the Ozaukee County board adopts a resolution approving the licensee and if the licensee's “Class B” licensed premises are located in Ozaukee County. Notwithstanding pars.
(a) and
(b) and sub.
(1) (a), a licensee may provide intoxicating liquor under this paragraph at the Ozaukee County fairgrounds even though the Ozaukee County fairgrounds are not part of the licensee's licensed premises, as described under par.
(d) in the licensee's “Class B” license, and even if the Ozaukee County fairgrounds are not located within the municipality that issued the licensee's “Class B” license. A licensee that provides intoxicating liquor under this paragraph is subject to s.
125.68 (2) as if the intoxicating liquor were provided on the licensee's “Class B” licensed premises. This paragraph does not authorize Ozaukee County or any person operating or managing the Ozaukee County fairgrounds to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale.
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)1.1. Except as provided in subds.
2. to
4. and
6., the annual fee for a “Class B" license shall be established 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 does 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)(e)2.
2. Each municipal governing body shall establish the fee, in an amount not less than $10,000, for an initial issuance of a reserve “Class B" license, as defined in sub.
(4) (a) 4., and, if the municipality contains a capital improvement area enumerated under sub.
(4) (x) 2. a., for an initial issuance of a “Class B" license under sub.
(4) (x) 3. and
4., except that the fee for an initial issuance of a reserve “Class B" license to a bona fide club or lodge situated and incorporated in the state for at least 6 years is the fee established under subd.
1. for such a club or lodge. The fee under this subdivision is in addition to any other fee required under this chapter. The annual fee for renewal of a reserve “Class B" license, as defined in sub.
(4) (a) 1., and a “Class B" license issued under sub.
(4) (x) 3. or
4. is the fee established under subd.
1. A municipality may not rebate or refund to a “Class B" licensee or a person affiliated with the “Class B" licensee or with the license application process, including through any grant or tax credit program, the fee paid by the licensee under this subdivision for initial issuance of a reserve “Class B" license.
125.51(3)(e)3.
3. Each municipal governing body shall establish the annual fee for a “Class B" license issued under sub.
(4) (v), except that neither the fee for an initial issuance of, nor the annual fee for, a “Class B" license issued under sub.
(4) (v) 4. may exceed any fee established under subd.
1. The initial fee may be different from the annual fee to renew the license.
125.51(3)(e)4.
4. Each municipal governing body that transfers a license under sub.
(4) (e) shall establish the fee, in an amount not less than $10,000, for issuance of a reserve “Class B" license after it has been transferred under sub.
(4) (e). A municipality may not rebate or refund to a “Class B" licensee or a person affiliated with the “Class B" licensee or with the license application process, including through any grant or tax credit program, the fee paid under this subdivision for issuance of the license after transfer. The annual fee for renewal of a reserve “Class B" license after it has been transferred and reissued under sub.
(4) (e) is the fee established under subd.
1. 125.51(3)(e)5.
5. Notwithstanding subd.
2., a municipal governing body may not establish an initial issuance fee for a “Class B" license issued under sub.
(4) (w) 5. that exceeds the annual fee established for the license under subd.
1. 125.51(3)(e)6.
6. Notwithstanding subd.
2., each municipal governing body that has designated a premier economic development district under sub.
(4) (u) 2. shall establish the fee, in an amount not less than $30,000, for initial issuance of a reserve “Class B" license under sub.
(4) (u) 3. A municipality may not rebate or refund to a “Class B" licensee or a person affiliated with the “Class B" licensee or with the license application process, including through any grant or tax credit program, the fee paid by the licensee under this subdivision for initial issuance of a reserve “Class B" license under sub.
(4) (u) 3. The annual fee for renewal of a reserve “Class B" license issued under sub.
(4) (u) 3. is the fee established under subd.
1. 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) or is a temporary “Class B" license under sub.
(10).
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 percent of gross receipts and which does not have a barroom or for a restaurant in which the sale of alcohol beverages accounts for less than 50 percent of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold. 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(3r)
(3r) Sales of wine by the bottle in restaurants. 125.51(3r)(a)(a) Notwithstanding subs.
(3) (a) and
(b) and
(3m) (b), a “Class B" license or “Class C" license authorizes the retail sale of wine in an opened original bottle, in a quantity not to exceed one bottle, for consumption both on and off the premises where sold if all of the following apply:
125.51(3r)(a)1.
1. The licensed premises is a restaurant also operated under a “Class B" or “Class C" license and the purchaser of the wine orders food to be consumed on the licensed premises.
125.51(3r)(a)2.
2. The licensee provides a dated receipt that identifies the purchase of the food and the bottle of wine.
125.51(3r)(a)3.
3. Prior to the opened, partially consumed bottle of wine being taken off the licensed premises, the licensee securely reinserts the cork into the bottle to the point where the top of the cork is even with the top of the bottle and the cork is reinserted at a time other than during the time period specified in s.
125.68 (4) (c) 3. 125.51(3r)(b)
(b) This subsection does not apply to a “Class B" license issued to a winery under s.
125.51 (3) (am). Nothing in this subsection restricts a licensee's authorization for retail sales of wine under subs.
(3) (a) and
(b) and
(3m) (b).
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)(a)4.
4. “Reserve “Class B" license" means a license that is not granted or issued by a municipality on December 1, 1997, and that is counted under par.
(br).
125.51(4)(am)
(am) No municipality may issue a license that would cause the municipality to exceed its quota.
125.51(4)(b)
(b) Except as provided in pars.
(c) and
(d), the quota of each municipality is the sum of the following:
125.51(4)(b)1g.
1g. The number of licenses granted or issued in good faith by the municipality and in force on December 1, 1997.
125.51(4)(bm)
(bm) The clerk of each municipality shall record the municipality's population, as defined in par.
(a) 2., and the number of licenses:
125.51(4)(br)1.1. Except as provided in subd.
2., the number of reserve “Class B" licenses authorized to be issued by a municipality shall be determined as follows:
125.51(4)(br)1.c.
c. Divide the result under subd.
1. b. by 2, except that if the result is not a whole number round the quotient down to the nearest whole number.
125.51(4)(br)1.e.
e. Add one license per each increase of 500 population to the population recorded under par.
(bm).
125.51(4)(br)1.f.
f. Add one license if the municipality had issued a license under s.
125.51 (4) (br) 1. e., 1999 stats., based on a fraction of 500 population, but a municipality's quota is only increased under this subd.
1. f. as long as the total number of licenses issued by the municipality equals the maximum number of licenses authorized, including under this subd.
1. f. 125.51(4)(br)1.g.
g. Add one license for each license transferred to the municipality under par.
(e).
125.51(4)(br)1.h.
h. Subtract one license for each license transferred from the municipality under par.
(e).
125.51(4)(br)2.
2. Notwithstanding subd.
1., if the difference between the number of licenses determined under par.
(b) 1g. and under par.
(bm) 1. is 3 or fewer, the number of reserve “Class B" licenses authorized to be issued by that municipality is the difference between the number of licenses determined under par.
(b) 1g. and under par.
(bm) 1., plus one per each increase of 500 population to the population recorded under par.
(bm), plus one for each license transferred to the municipality under par.
(e), minus one for each license transferred from the municipality under par.
(e), plus one if the municipality had issued a license under s.
125.51 (4) (br) 2., 1999 stats., based on a fraction of 500 population but only as long as the total number of licenses issued by the municipality equals the maximum number of licenses authorized.
125.51(4)(c)
(c) If territory containing premises covered by a license or reserve “Class B" license is annexed to a municipality and if the municipality's quota would not otherwise allow a license or reserve “Class B" license for the premises, the quota is increased to include the license or reserve “Class B" license of each premises in the annexed territory.
125.51(4)(d)
(d) Detachment of territory decreases the quota of the remainder of the municipality by the number of licenses or reserve “Class B" licenses issued for premises in the detached territory, except that detachment does not decrease the quota of the remainder to less than one license per 500 persons or less than one license.
125.51(4)(e)1.1. A municipality may make a request to another municipality that is contiguous with, or within 2 miles of, the requesting municipality that the other municipality transfer a reserve “Class B" license to the requesting municipality. If the request is granted, the reserve “Class B" license shall be transferred.
125.51(4)(e)2.
2. A municipality may transfer or receive more than one reserve “Class B" license under this paragraph as long as each transfer meets the requirements of this paragraph, but a municipality may not transfer more than 3 reserve “Class B" licenses under this paragraph.
