Class"B" retailer
Where a licensed Class "B" retailer of fermented malt beverages also conducts a restaurant business on the premises, sec. 66.054(8)(a), Stats., does not operate to permit the licensee to conduct any other business on the premises. 66-176
Collection agencies
Section 218.04, Stats., requires licensure of nonresident collection agencies and solicitors that conduct business with Wisconsin residents solely by mail or telephone. Applying the licensing requirements to such agencies and solicitors would not impermissibly burden interstate commerce. 80-283
Commercial fishing license
Indian fishers eligible to share in tribal treaty fishing rights are also eligible to apply for and hold a state commercial fishing license, but the State can exclude such individuals from sharing in non-Indian individual catch quotas applicable to a particular species of fish where a total harvest quota is necessary to prevent the substantial depletion of that species and where such quota must be apportioned between Indian and non-Indian fishers in order to safeguard the Indian's treaty rights. 68-416
Communicable disease
Licensing boards do not have the authority to enact general regulations which would allow them to suspend, deny or revoke the license of a person who has a communicable disease. However, licensing boards do have the authority on a case-by-case basis to suspend, deny or revoke the license of a person who poses a direct threat to the health and safety of other persons or who, by reason of the communicable disease, is unable to perform the duties of the licensed activity. 77-223
Conviction records
A licensing agency may not ask an applicant about juvenile delinquency records. A licensing agency may request information from an applicant regarding conviction records under sec. 111.32(5)(h), Stats. 67-327
Cosmetology
An individual who regularly fixes the hair of one or only a few next-door neighbors on a private basis without compensation or expectation of compensation for services rendered, probably does not fall within the scope of the practice of cosmetology as defined in ch. 159, Stats. (Unpub.). 67-1978
Individuals who remove hair from the human body by means of electricity without the use of an electric needle are subject to the requirements of sec. 159.08(6m), Stats. (Unpub.). 52-1976
Cosmetology Examining Board
Cosmetology Examining Board may admit to examination a student who has successfully completed prescribed courses of study at a registered school where the student's diploma is withheld by the school for the student's failure to meet his or her financial obligation to the school. 65-113
Country clubs
Country clubs opening any part of their facilities to the general public lose their eligibility for "country club" liquor or beer licenses issued by the Secretary of the Department of Revenue pursuant to secs. 176.05(4a) and 66.054(23), Stats. 69-248
Daylight Savings Time
Retail Class "B" beer and liquor licensed premises close at 1:00 a.m., Central Emergency Daylight Savings Time. 63-1
Discrimination
A licensing agency may not ask an applicant about juvenile delinquency records. A licensing agency may request information from an applicant regarding conviction records under sec. 111.32(5)(h), Stats. 67-327
Section 66.054(11), Stats., which permits the issuance of bartenders' licenses to persons of "good moral character" does not automatically preclude issuance to a former offender, especially in light of sec. 111.32(5)(h), Stats., which prohibits discrimination in employment or occupational licensing based upon a criminal conviction (with certain exceptions). 68-202
Dog license fund
Where a county board has designated the county humane society or other organization to provide a dog pound, section 174.09(2), Stats., requires any surplus in excess of $1,000 must be paid over annually by the County Treasurer or such society and no consent of the respective collecting towns, villages and cities is needed. 74-65
Drunk driving
Upon a second or subsequent conviction of drunk driving within five years of a previous conviction for the same offense, the court may not waive, under sec. 345.60, Stats., the revocation of operating privileges by the Division of Motor Vehicles as required by sec. 343.31(1)(b), Stats. 62-31
Eye removal
Special training is required of medical personnel as well as morticians before they perform eye enucleation. 77-207
Fishing licenses
Discussion of effect and constitutionality of law broadening endangered species protection to include threatened species. Definition of endangered and threatened species. Law gives protection to any species so designated, whether or not commercial fishing interests are affected. Provisions requiring incorporation of federal rules may be invalid, if text incorporated is not set forth in detail in state rule and if future as well as existing federal rules are included in the incorporation. Contract or permit fishing for protected species is disallowed. Existing fishing licenses are subject to new restrictions. 68-9
Foster home
County agencies do not have the authority to directly operate a foster home or what has been described as a "group foster home." (Unpub.). 39-1976
Section 48.31, Stats., provides counties with express authority to establish and operate juvenile detention homes and shelter care facilities. Detention homes and shelter care facilities established and operated pursuant to sec. 48.31, Stats., do not require a ch. 48 license from the Department of Health and Social Services. Counties may lease property for detention home or shelter care use. 66-50
Grocery store employes
Municipalities may not require by ordinance that all grocery and liquor store employes and bartenders must obtain bartenders' or operators' licenses, such ordinances being in conflict with the provisions of chapter 125, Stats. 76-86
Hearing examiner
Section 227.09(5), Stats., absolutely requires use of a hearing examiner if an examining board member participates in the decision to commence a proceeding against a licensee, but does not require such use if a board member is involved only in the investigation. 66-52
Historical Society, State
Society may sell fermented malt beverages in the Village Tavern at Stonefield Village and would not be subject to licensing or local control and regulation under sec. 66.054, Stats. 65-185
Honey
A person who extracts honey for the purpose of preparing it for sale is subject to the licensing requirement of sec. 97.28, Stats., unless the honey is sold on a retail basis only at a fixed place of business. 65-269
Independent contractor agents
A corporation not licensed as a real estate broker does not violate ch. 452, Stats., if it allows its nonlicensed employes to negotiate for and sign apartment leases of property owned by the corporation. Permitted limits of nonlicensed independent contractor agents discussed. 70-23
Indians
Indian fishers eligible to share in tribal treaty fishing rights are also eligible to apply for and hold a state commercial fishing license, but the State can exclude such individuals from sharing in non-Indian individual catch quotas applicable to a particular species of fish where a total harvest quota is necessary to prevent the substantial depletion of that species and where such quota must be apportioned between Indian and non-Indian fishers in order to safeguard the Indian's treaty rights. 68-416
State liquor laws, including licensing requirements, are applicable to liquor establishments owned or operated by either tribe members or non-Indians, and located on Indian reservations. Any license issued counts toward the local quota. 75- 123
The state net proceeds occupation tax and mining permit process are generally not applicable to mining operations on the Sokaogon Reservation, whether those operations are conducted by the Tribe or by a non-Indian lessee. Any federal environmental impact statement required by the federal government would legally need to be shared with or presented to the State. The applicability of state pollution control laws to mining activity on the Reservation is also discussed. 75-220
Tribally owned or operated liquor establishments must comply with state liquor laws, including licensing requirements. Indian tribes are within the coverage of chapter 125, Stats., and any license issued to a tribe counts toward the local quota. 76-80
International driving permits
The requirement of sec. 343.05(2)(d), Stats., that holders of international driving permits speak and read the English language is preempted by international treaties governing driving permits and therefore is invalid under the Supremacy Clause, U.S. Const. art. VI, cl. 2. 68-282
Intoxicating liquors
No violation of sec. 176.07, Stats., is committed where premises licensed for the sale of intoxicating liquor at retail are so constructed, either by original construction or by remodeling, as to eliminate at all times any view of the interior of such premises from the outside. 64-213
State liquor laws, including licensing requirements, are applicable to liquor establishments owned or operated by either tribe members or non-Indians, and located on Indian reservations. Any license issued counts toward the local quota. 75-123
The State of Wisconsin has no jurisdiction to require the Sokaogon (Mole Lake) Indian Tribe to secure a liquor license from the Town of Nashville in order to sell alcoholic beverages on the Mole Lake Indian Reservation during its annual Bluegrass Festival. 69-183
The tied-house prohibitions of sec. 66.054(4)(a), Stats., apply to holders of temporary Class "B" beer licenses for picnics or similar gatherings issued pursuant to sec. 66.054(8)(b), Stats., unless the holder of the temporary license involved falls within the exemption contained in sec. 66.054(4)(a)8., Stats. 67-127
Liquor retailer
A gift of intoxicating liquors, made by a liquor manufacturer, rectifier or wholesaler to a liquor retailer, does not violate the "tied-house" prohibitions of ch. 176, Stats., when the liquor is dispensed by the licensed retailer, free of charge, at a wine-tasting party or similar event held for the sole benefit of a charitable organization or institution. 66-276
Liquor store employes
Municipalities may not require by ordinance that all grocery and liquor store employes and bartenders must obtain bartenders' or operators' licenses, such ordinances being in conflict with the provisions of chapter 125, Stats. 76-86
Lobbying law
Certain provisions of Substitute Amendment 1 to 1977 Senate Bill 286, revising subch. III of ch. 13, Stats., the State's Lobbying Law are incompatible with the rights of Wisconsin citizens to petition the government and to be secure against unreasonable searches and seizures and are therefore probably unconstitutional. The major portion of the bill is constitutional. (Unpub.). 15-1978
