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
Marriage license residency requirements
Wisconsin residents who have not resided in their current county of residence for 30 days prior to application for a marriage license under section 765.05, Stats., must, like nonresidents, apply for a marriage license in the county in which the marriage ceremony will be performed. Persons in military service who are stationed in Wisconsin may obtain marriage licenses in the Wisconsin county in which they reside and Wisconsin residents in the military who are stationed out of state and can show that they intend to remain Wisconsin residents can apply for marriage licenses in their county of residence in Wisconsin. 80-236
Medical Examining Board
The direction in sec. 448.02(3), Stats., that the Medical Examining Board render its decision within ninety days following the completion of the hearing is mandatory rather than directory. 72-147
Mining
Department of Natural Resources may grant contracts for mining beneath beds of navigable lakes and waters and licenses for prospecting on state park and forest lands, but it may not grant leases for mining purposes on state park and forest lands. (Unpub.). 58-1976
Mining lease rights on federal lands
A person who for a fee files applications for others in federal mineral lottery with respect to securing oil or mining lease rights on federal lands, and who for further fee offers to negotiate with lease brokers for sale of such rights, is required to be licensed as a real estate broker if such leases constitute an interest in real estate in state where located. (Unpub.). 107-1977
Mining lease rights on Indian lands
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
Mining permit fees
All staff work necessary to determine whether an applicant meets the requirements of the Metallic Mining Reclamation Act must be included in the cost of evaluating the permit, including any evaluation of compliance with other environmental requirements. The withdrawal of a mining permit application by the applicant prior to a final decision on the application does not relieve the applicant from the obligation to pay the cost of evaluation. 76-150
Motorcycle
Under sec. 343.05(1), Stats., a driver's license, endorsed for motor-driven cycle operation, is not required for operation of a motor-driven cycle on private property. 64-79
Name changes
Real Estate Examining Board cannot prescribe the name to be used on an application for real estate broker's license. Under sec. 296.36, Stats., the Board should routinely accept name changes of licensed brokers, unless detriment to the public, another professional or the profession is shown. Sex and marital status of the new or renewal license applicant do not justify special procedures or requirements as to names. Use of two names discussed. 66-21
Nursing
The Board of Nursing has authority to accredit a new baccalaureate program even though the particular students who undertake that program are already certified as registered nurses. 68-407
Occupational license
Imprisonment or suspension of license under section 345.47(1)(a) and (b), Stats., does not eliminate the liability of a defendant for payment of the $150 surcharge provided for in section 346.655. The county does not become liable for the surcharge if not paid. An application for an occupational license is not a special proceeding requiring the payment of clerk's fees under section 814.61(1). 73-24
The Department of Regulation and Licensing has the authority to promulgate rules for procedures for the summary suspension of occupational licenses. Summary suspension of occupational licenses may constitutionally be invoked only in emergency situations and then only if the licensee is afforded a prompt hearing on whether the summary suspension should continue until a decision is made after a full hearing on the merits of the license deprivation. 76-110
On-premise signs
Persons in the business of erecting on-premise signs are subject to the licensing requirement of sec. 84.30(10)(a), Stats. 66-295
Ophthalmic assistants
Ophthalmic assistants performing functions that are within the statutory definition of optometry under the delegation and supervision of an ophthalmologist are not engaged in the unlawful practice of optometry. A certified optometric technician who performs services included within the definition of optometry under the delegation and supervision of a licensed optometrist is engaged in the unlicensed practice of optometry. 74-146
Out-of-state applicants
The Examining Board of Architects, Professional Engineers, Designers and Land Surveyors may not promulgate a rule requiring out-of-state applicants for certification as land surveyors to pass an examination concerning Wisconsin practices and procedures if they possess a valid certification in another state. 76-49
Pharmacy
A letter of reprimand properly may be imposed only after affording opportunity for hearing as provided for in a Class 2 contested case. Sec. 227.01(2)(b), Stats. If no objection was made by licensees appearing before the Board on previous reprimand hearings and if there was substantial compliance with sec. 227.07, Stats., irregularities in procedure may be considered waived. 67-188
Out-of-state pharmacist not registered in Wisconsin is in violation of secs. 450.04(2) and 450.07(3), Stats., where he or she on a regular and continuing basis solicits orders for the retail sale of prescription drugs, where preparation is out-of-state and delivery is by mail to patients located in Wisconsin. 72-121
Pharmacy Examining Board
The Pharmacy Examining Board may utilize the services of a national examining board in passing on applicants for licensure, but the Board must make the final decision as to licensure. The conditions of post-examination review with applicants discussed. 68-48
Pharmacy Examining Board has discretion under sec. 450.02(6), Stats., as to whether it will register applicants on the basis of registration in another state, but lacks authority to require an examination of such applicants. (Unpub.). 122-1979
Political organizations
If they satisfy other conditions under sec. 163.90, Stats., and other raffle requirements, political organizations are eligible for a raffle license because contributions to such organizations are deductible for federal or state income tax purposes within the meaning of the statute. Political subdivisions of the State also are eligible for raffle licenses under the same conditions and for the same reasons. 67-323
Private detectives
