125.51(4)(e)3.
3. After transfer of a reserve “Class B" license under this paragraph, the municipality receiving the reserve “Class B" license may issue and renew the reserve “Class B" license in the same manner as other reserve “Class B" licenses that have not been so transferred, except that the fee under sub.
(3) (e) 4., not sub.
(3) (e) 2., applies upon issuance of the reserve “Class B" license by the receiving municipality after the transfer. Upon receipt of the issuance fee from the licensee, the receiving municipality shall remit this issuance fee to the municipality that transferred the license.
125.51(4)(e)4.
4. Notwithstanding subds.
1. to
3., if a municipality has not issued any licenses, the municipality may not transfer any licenses under this paragraph.
125.51(4)(u)1.a.
a. “Economic development project" means a project or projects within a premier economic development district that, alone or together, have an estimated comprehensive new construction assessed valuation increase of at least $20,000,000, as established and certified by an independent 3rd-party appraiser or market research firm that provides a written report regarding the estimated value to be created by the project or projects.
125.51(4)(u)1.b.
b. “Premier economic development district" means a geographic area designated under subd.
2. 125.51(4)(u)2.
2. A municipality may, by ordinance enacted by at least a two-thirds vote of the municipality's governing body, designate a geographic area within the municipality as a premier economic development district if all of the following apply:
125.51(4)(u)2.a.
a. The geographic area does not exceed 40 acres and the boundaries of the geographic area are precisely identified in the ordinance.
125.51(4)(u)2.b.
b. No part of the geographic area is physically separated from the rest of the geographic area so that, except for public streets, similar community infrastructure, and rivers and other waterways, each portion of the geographic area is contiguous with some other portion of the geographic area.
125.51(4)(u)2.c.
c. The geographic area does not include any land that is zoned exclusively for industrial use or zoned exclusively for single-family or 2-family residences.
125.51(4)(u)3.
3. Notwithstanding pars.
(am) to
(d) and s.
125.185 (5), a municipality that has designated a premier economic development district may issue up to 2 “Class B" licenses in connection with an economic development project within the premier economic development district, in addition to the number of licenses determined for the municipality's quota under pars.
(b) to
(d) and in addition to any license under par.
(v) or
(w).
125.51(4)(u)4.
4. A “Class B" license issued under subd.
3. may not be transferred under s.
125.04 (12) (b) 4. If a “Class B" license issued under subd.
3. is surrendered to the issuing municipality, revoked, or not renewed, the municipality may reissue the license only for premises located within the premier economic development district.
125.51(4)(u)5.
5. A municipality may not designate more than one premier economic development district under this paragraph.
125.51(4)(u)6.
6. Not more than 2 “Class B" licenses may be issued under this paragraph for premises within a premier economic development district, regardless of the number of economic development projects within the premier economic development district.
125.51(4)(v)
(v) Notwithstanding par.
(am), if a municipality has granted or issued a number of licenses equal to or exceeding its quota, the municipal governing body may issue a license for any of the following:
125.51(4)(v)1.
1. A full-service restaurant that has an interior, permanent seating capacity of 300 or more persons.
125.51(4)(v)2.
2. A hotel that has 50 or more rooms of sleeping accommodations and that has either an attached restaurant with a seating capacity of 150 or more persons or a banquet room in which banquets attended by 400 or more persons may be held.
125.51(4)(v)3.
3. An opera house or theater for the performing arts operated by a nonprofit organization, as defined in s.
134.695 (1) (am). Notwithstanding sub.
(3) (a) and
(b), a “Class B" license issued under this subdivision authorizes the retail sale of intoxicating liquor only for consumption on the premises where sold and only in connection with ticketed performances.
125.51(4)(v)4.
4. A full-service restaurant that has a seating capacity of 75 to 100 persons on November 26, 2009; is located in a commercial building; prepares, serves, and sells food to the public; has a separate dining area with permanent fixtures where table service is provided a minimum of 4 nights per week for a minimum of 6 months per year; generates more than 50 percent of total annual sales revenue from food sales; and is located on a golf course in a municipality, in Bayfield County, having a population of at least 400 but not more than 500. For purposes of this subdivision, “golf course" does not include a miniature golf course. No “Class B" license may be issued under this subdivision after March 1, 2010. If a “Class B" license issued under this subdivision is surrendered to the issuing municipality, not renewed, or revoked, the municipality may not reissue the license.
125.51(4)(w)1.1. Notwithstanding pars.
(am) to
(d) and s.
125.185 (5), the village board of any village in the northern geographical half of Ozaukee County having a population of more than 4,000 may issue, to any applicant designated by the village board, one “Class B" license in addition to the number of licenses determined for the village's quota under pars.
(b) to
(d). No “Class B" license may be issued under this subdivision after August 1, 2008. If a “Class B" license issued under this subdivision is surrendered to the issuing village, not renewed, or revoked, the village may not reissue the license, but a “Class B" license issued under this subdivision may be transferred in the same manner as other licenses as provided under s.
125.04 (12) (b) 4. 125.51(4)(w)2.
2. Notwithstanding pars.
(am) to
(d) and s.
125.185 (5), a city that is immediately adjacent to the southern border of the city of Milwaukee and that has an eastern boundary of Lake Michigan may issue 3 “Class B" licenses in addition to the number of licenses determined for the city's quota under pars.
(b) to
(d).
125.51(4)(w)3.
3. Notwithstanding pars.
(am) to
(d) and s.
125.185 (5), a 4th class city located in Dane County having a population as shown in the 2000 federal decennial census of at least 8,000 but not more than 9,000 may issue one “Class B" license in addition to the number of licenses determined for the city's quota under pars.
(b) to
(d).
125.51(4)(w)4.
4. Notwithstanding pars.
(am) to
(d) and s.
125.185 (5), a 3rd class city located in Dane County having a population as shown in the 2000 federal decennial census of at least 15,000 but not more than 16,000 may issue 2 “Class B" licenses in addition to the number of licenses determined for the city's quota under pars.
(b) to
(d).
125.51(4)(w)5.
5. Notwithstanding pars.
(am) to
(d) and s.
125.185 (5), the town of Wyoming in Iowa County may issue one “Class B" license in addition to the number of licenses determined for the town's quota under pars.
(b) to
(d). No “Class B" license may be issued under this subdivision after February 1, 2016. If the “Class B" license issued under this subdivision is surrendered to the issuing town, not renewed, or revoked, the town may not reissue the license.
125.51(4)(x)1.a.
a. “Area base value" means the aggregate assessed value of all taxable property located within the geographic bounds of a capital improvement area on January 1 of the year that is 5 years prior to the year in which such capital improvement area is enumerated under subd.
2. 125.51(4)(x)1.b.
b. “Capital improvement area" means a geographic area that is enumerated under subd.
2. as having an improvement increment exceeding $50,000,000 in the year in which the area is enumerated and as being located within a municipality with insufficient reserve “Class B" licenses to issue a “Class B" license for each business or proposed business that would reasonably require one.
125.51(4)(x)1.c.
c. “Good faith," with respect to an applicant's attempt to purchase a “Class B" licensed business, includes an applicant making an offer to purchase the business for an amount exceeding $25,000 in total value, without additional significant conditions placed on the purchase by either party, after having given notice to all current “Class B" license holders within the municipality where the business is located, by U.S. mail addressed to either the licensee's last-known address or to the licensed premises, of the applicant's interest in purchasing a licensed business, except that an offer in an amount of $25,000 or less may also be considered to be in a good faith for purposes of this subd.
1. c. depending on the fair market value of the business, the availability of other licensed businesses for purchase, and any conditions attached to the sale.
125.51(4)(x)1.d.
d. “Improvement increment" means the aggregate assessed value of all taxable property in a capital improvement area as of January 1 of any year minus the area base value.
125.51(4)(x)1.e.
e. “Qualified applicant" means an applicant that complies with all requirements under s.
125.04 (5) and
(6) and any applicable ordinance, that certifies by affidavit that the applicant has made a good faith attempt to purchase the business of a person holding a “Class B" license within the municipality and have that license transferred to the applicant under s.
125.04 (12) (b) 4., and for whom the issuing municipality has determined that these requirements have been met.
125.51(4)(x)2.
2. The legislature hereby enumerates the following areas, with the geographic boundaries described in this subdivision, as capital improvement areas:
125.51(4)(x)2.a.
a. The geographic area composed of all land within the Tax Incremental District Number 3 within the city of Oconomowoc in Waukesha County that lies south of Valley Road and east of STH 67 or that lies south of I 94 and west of STH 67.
125.51(4)(x)3.
3. Notwithstanding pars.
(am) to
(d) and s.
125.185 (5), upon application by a qualified applicant, the governing body of any municipality containing a capital improvement area enumerated under subd.
2. a. shall issue to the qualified applicant one “Class B" license in addition to the number of licenses determined for the municipality's quota under pars.
(b) to
(d) and in addition to any license under par.
(v).
125.51(4)(x)4.
4. Notwithstanding pars.
(am) to
(d) and s.
125.185 (5), after a qualified applicant has filed an application under subd.
3. and upon application by an initial qualified applicant under this subdivision, the governing body of any municipality containing a capital improvement area enumerated under subd.
2. a. shall determine the improvement increment within the capital improvement area for the calendar year in which the application under this subdivision is filed. If the improvement increment is at least $10,000,000 above $50,000,000, the governing body of the municipality shall issue to the initial qualified applicant a “Class B" license. For each $10,000,000 of improvement increment above $50,000,000, the governing body of the municipality is authorized to issue under this subdivision one “Class B" license and, upon each application by a qualified applicant subsequent to that of the initial qualified applicant, the governing body of the municipality shall issue a “Class B" license to the qualified applicant until all licenses authorized under this subdivision have been issued. If the governing body of any municipality receives an application by a qualified applicant in a calendar year subsequent to the calendar year in which it received the application of the initial qualified applicant, the governing body of the municipality shall redetermine the improvement increment for that year for the purpose of determining the number of “Class B" licenses authorized under this subdivision. The “Class B" licenses that a municipality is authorized to issue under this subdivision are in addition to the number of licenses determined for the municipality's quota under pars.
(b) to
(d), any license under par.
(v), and the license under subd.
3. 125.51(4)(x)5.
5. Notwithstanding subds.
3. and
4., not more than 8 “Class B" licenses may be issued under this paragraph for premises within the same capital improvement area.
125.51(4)(x)6.
6. Notwithstanding subd.
7., any “Class B" license issued under this paragraph may be transferred as provided under s.
125.04 (12) (b) 4. Notwithstanding subds.
5. and
7., if a “Class B" license issued under this paragraph is surrendered to the issuing municipality, revoked, or not renewed, the municipality may reissue the license to a qualified applicant for a premises located within the same capital improvement area for which the license was originally issued.
125.51(4)(x)7.
7. No “Class B" license may be issued under this paragraph after July 1, 2017.
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 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 employee 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.
29.001 (45) and
(63) 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 percent 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 percent 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 subd.
1. 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.
125.51(5)(d)2.
2. Upon application, the department shall issue a “Class B" permit to a tribe that holds a valid certificate issued under s.
73.03 (50) and that is qualified under s.
125.04 (5) and
(6). The permit 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. The permit also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed 4 liters at any one time, to be consumed off the premises where sold, except that wine is not subject to the 4-liter limitation.
125.51(5)(d)3.
3. Except as provided in this paragraph, all sections of this chapter applying to “Class B" licenses apply to “Class B" permits issued under this paragraph.
125.51(5)(e)
(e)
Additional sales authority for permittees. Notwithstanding pars.
(a) 2.,
(b) 3.,
(c) 3., and
(d) 3. and ss.
125.04 (3) (a) 3. and
(9) and
125.09 (1), in addition to the authorization specified in par.
(a),
(b),
(c), or
(d), a “Class B" permit issued under this subsection also authorizes the permittee 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 permittee and if the premises covered by the “Class B” permit are located in Ozaukee County. Notwithstanding pars.
(a),
(b),
(c), and
(d), a permittee may provide intoxicating liquor under this paragraph at the Ozaukee County fairgrounds even though the Ozaukee County fairgrounds are not part of the premises described in the permit. A permittee that provides intoxicating liquor under this paragraph is subject to s.
125.68 (2) as if the intoxicating liquor were provided on the premises covered by the “Class B” permit. 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(6)
(6) Face-to-face retail sales. Except as provided in subs.
(3) (bm),
(bs), and
(bx) and
(5) (e) and except with respect to caterers, a retail license or permit issued under this section authorizes only face-to-face sales to consumers at the premises described in the retail license or permit.
125.51(7)
(7) Sales in name of licensee or permittee. Every holder of a retail license or permit for the sale of intoxicating liquor shall purchase, advertise and sell intoxicating liquor in the holder's name and under the holder's license or permit only, except that holders of retail licenses or permits that are franchisees, as defined in s.
553.03 (5), may advertise, separately or together, in the name of the franchisor, as defined in s.
553.03 (6).
125.51 Cross-reference
Cross-reference: See also s.
Tax 8.61, Wis. adm. code.
125.51(8)
(8) Connecting premises. Except in the case of hotels, no person may hold both a “Class A" license and either a “Class B" license or permit, a Class “B" license or permit or a “Class C" license for the same premises or for connecting premises. Except for hotels, if either type of license or permit is issued for the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.
125.51(9)
(9) Licenses for less than one year. 125.51(9)(a)(a) A license may be issued after July 1 in any license year. The license shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions thereof remaining until the following June 30.
125.51(9)(b)
(b) Licenses valid for 6 months may be issued at any time. The fee for the license shall be 50 percent of the annual license fee. The license may not be renewed during the calendar year in which issued.
125.51(10)(a)
(a) Notwithstanding s.
125.68 (3), 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 wine in an original package, container, or bottle or by the glass if the wine is dispensed directly from an original package, container, or bottle 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, except that no fee may be charged to a person who at the same time applies for a temporary Class “B" license under s.
125.26 (6) for the same event. 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 wine 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 wine from the stands while the fair is being held. If a county or district fair leases any stand to a winery holding a permit under s.
125.53, in addition to making retail sales of wine from the leased stand, the winery may provide taste samples anywhere on the fairgrounds of wine manufactured by the winery. If a license is issued under this paragraph to a fair association solely for the purpose of conducting on the licensed premises wine judging or tasting events involving servings of wine no greater than one fluid ounce each, s.
125.68 (2) does not apply to these licensed premises. Except as provided in par.
(b), not more than 2 licenses may be issued under this paragraph to any club, chamber of commerce, county or local fair association, agricultural association, church, lodge, society, or veterans post in any 12-month period.
125.51(10)(b)1.1. A municipality may issue up to 20 licenses under par.
(a) to the same licensee if all of the following apply:
125.51(10)(b)1.a.
a. Each license is issued for the same date and times and the licensee is the sponsor of an event held at multiple locations within the municipality on this date and at these times.
125.51(10)(b)1.b.
b. An admission fee is charged for participation in the event and no additional fee is charged for service of alcohol at the event.
125.51(10)(b)1.c.
c. Within the immediately preceding 12-month period, the municipality has issued licenses under authority of this paragraph for fewer than 2 events.
125.51(10)(b)3.
3. For purposes of the 2-license limit imposed under par.
(a), each event for which multiple licenses are issued as provided in subd.
1. shall count as one license toward this 2-license limit.
125.51(10)(b)4.
4. A municipal governing body or an official or body authorized by a municipal governing body to issue temporary “Class B" licenses may, upon issuance of a temporary “Class B" license as provided in subd.
1., authorize the licensee to permit underage persons to be on the licensed premises for the purpose of acting as designated drivers.
125.51 History
History: 1981 c. 79,
202,
220;
1983 a. 27 ss.
1489c,
2202 (38);
1983 a. 250,
516;
1985 a. 74,
239,
302;
1987 a. 27,
91,
103,
249,
354,
399;
1989 a. 16,
30,
31,
252,
253,
359;
1991 a. 39;
1993 a. 112;
1995 a. 27;
1997 a. 27,
41,
248,
259;
1999 a. 9,
185;
2001 a. 16,
49;
2003 a. 124;
2005 a. 22,
268,
307;
2007 a. 20,
69,
85,
192;
2009 a. 28,
73;
2011 a. 129;
2013 a. 268;
2015 a. 10,
55,
62,
286,
372;
2017 a. 95,
364.
125.51 Annotation
A city ordinance allowing a recipient of a new Class B license who pays the $10,000 fee under sub. (3) (e) 2. to apply for a $10,000 economic development grant from the city was not barred by the statute or constitution. Alexander v. City of Madison,
2001 WI App 208,
247 Wis. 2d 576,
634 N.W.2d 577,
00-2692.
125.51 Annotation
The licensed premises, with respect to a “Class B" intoxicating liquor license under this section, may be co-extensive with the premises where consumption may occur. Thus, the premises to be listed on a “Class B" license are not necessarily confined to the dimensions of a bar room or storage room. Here, the town chose to license the entire eight 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.
125.51 Annotation
Country clubs opening any part of their facilities to the general public lose their eligibility for “country club" liquor or beer licenses. 69 Atty. Gen. 248.
125.52
125.52
Manufacturers' and rectifiers' permits. 125.52(1)(a)(a) The department shall issue manufacturers' and rectifiers' permits which authorize the manufacture or rectification, respectively, of intoxicating liquor on the premises covered by the permit. A person holding a manufacturer's or rectifier's permit may manufacture and bottle wine, pursuant to the terms of the permit, without procuring a winery permit.
