125.09(1) (1)Public place. No owner, lessee, or person in charge of a public place may permit the consumption of alcohol beverages on the premises of the public place, unless the person has an appropriate retail license or permit. This subsection does not apply to municipalities, buildings and parks owned by counties, regularly established athletic fields and stadiums, school buildings, campuses of private colleges, as defined in s. 16.99 (3g), at the place and time an event sponsored by the private college is being held, churches, premises in a state fair park or clubs. This subsection also does not apply to the consumption of fermented malt beverages on commercial quadricycles except in municipalities that have adopted ordinances under s. 125.10 (5) (a).
Effective date note NOTE: Sub. (1) is affected eff. 1-1-26 by 2023 Wis. Act 73 to read:
Effective date text (1) Public place. (a) No owner, lessee, or person in charge of a public place may permit the consumption of alcohol beverages on the property of the public place, unless the person has an appropriate retail license or permit or a no-sale event venue permit.
Effective date text (b) For purposes of par. (a), a public place includes a venue, location, open space, room, or establishment that is any of the following:
Effective date text 1. Accessible and available to the public to rent for an event or social gathering.
Effective date text 2. Held out for rent to the public for an event or social gathering.
Effective date text 3. Made available for rent to a member of the public for an event or social gathering.
Effective date text (c) For purposes of par. (a), a public place does not include any of the following:
Effective date text 1. A room in a hotel, motel, or bed and breakfast that is used for overnight accommodations.
Effective date text 2. Vacation rental property, or any other property of temporary lodging, that is used for overnight accommodations if the property is furnished with sufficient beds for all adult guests to sleep.
Effective date text 3. A campsite on a campground licensed under s. 97.67.
Effective date text 4. A parking lot, driveway, or yard where vehicles may be parked on the same day as a professional or collegiate sporting event or other ticketed event open to the public.
Effective date text 5. Property within a local professional football stadium district created under subch. IV of ch. 229 if the property is used in connection with, and on the same day as, a professional football game, or other ticketed event open to the public, held at the football stadium.
Effective date text 6. Property within a local professional baseball park district created under subch. III of ch. 229 if the property is used in connection with, and on the same day as, a professional baseball game, or other ticketed event open to the public, held at the baseball park.
Effective date text (d) This subsection does not apply to municipalities, buildings and parks owned by counties, regularly established athletic fields and stadiums, school buildings, campuses of private colleges, as defined in s. 16.99 (3g), at the place and time an event sponsored by the private college is being held, churches, premises in a state fair park or clubs. This subsection also does not apply to the consumption of fermented malt beverages on commercial quadricycles except in municipalities that have adopted ordinances under s. 125.10 (5) (a).
125.09(2) (2)Possession of alcohol beverages on school grounds prohibited.
125.09(2)(a)(a) In this subsection:
125.09(2)(a)1. 1. “Motor vehicle" means a motor vehicle owned, rented or consigned to a school.
125.09(2)(a)2. 2. “School" means a public school, a parochial or private school, or a tribal school, as defined in s. 115.001 (15m), which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, or high school.
125.09(2)(a)3. 3. “School administrator" means the person designated by the governing body of a school as ultimately responsible for the ordinary operations of a school.
125.09(2)(a)4. 4. “School premises" means premises owned, rented or under the control of a school.
125.09(2)(b) (b) Except as provided by par. (c) no person may possess or consume alcohol beverages:
125.09(2)(b)1. 1. On school premises;
125.09(2)(b)2. 2. In a motor vehicle, if a pupil attending the school is in the motor vehicle; or
125.09(2)(b)3. 3. While participating in a school-sponsored activity.
125.09(2)(c) (c) Alcohol beverages may be possessed or consumed on school premises, in motor vehicles or by participants in school-sponsored activities if specifically permitted in writing by the school administrator consistent with applicable laws, ordinances and school board policies.
125.09(2)(d) (d) A person who violates this subsection is subject to a forfeiture of not more than $200, except that ss. 125.07 (4) (c) and (d) and 938.344 provide the penalties applicable to underage persons.
125.09(3) (3)Place-to-place deliveries. No person may peddle any alcohol beverage from house to house where the sale and delivery are made concurrently.
125.09(6) (6)Municipal stores. No municipality may engage in the sale of alcohol beverages, except as authorized under s. 125.26 (6). This subsection does not apply to municipal stores in operation on November 6, 1969.
125.09(7) (7)Municipality providing identification scanners. No municipality may provide, to any retail licensee under this chapter, any device capable of scanning an official identification card, as defined in s. 125.085 (1) (a) and (b).
125.09(8) (8)Alcohol vapor devices. No person may use or offer for use, possess, or sell or offer for sale in this state an alcohol vapor device.
125.09 Annotation This section does not prohibit the consumption of alcohol beverages by bed and breakfast proprietors, their friends, or their personal guests in areas that are off-limits to the public or to renters. 80 Atty. Gen. 218.
125.10 125.10 Municipal regulation.
125.10(1)(1)Authorization. Any municipality may enact regulations incorporating any part of this chapter and may prescribe additional regulations for the sale of alcohol beverages, not in conflict with this chapter. The municipality may prescribe forfeitures or license suspension or revocation for violations of any such regulations. Regulations providing forfeitures or license suspension or revocation must be adopted by ordinance. Any municipality may, by ordinance, regulate contests, competitions, or other events for the exhibition, demonstration, judging, tasting, or sampling of homemade wine or fermented malt beverages.
125.10(2) (2)Regulation of underage persons. A municipality or a county may enact an ordinance regulating conduct regulated by s. 125.07 (1) or (4) (a), (b) or (bm), 125.085 (3) (b) or 125.09 (2) only if it strictly conforms to the statutory subsection. A county ordinance enacted under this subsection does not apply within any municipality that has enacted or enacts an ordinance under this subsection.
125.10(3) (3)Zoning. Except as provided in s. 125.68, this chapter does not affect the power of municipalities to enact or enforce zoning regulations.
125.10(4) (4)Regulation of closed retail premises. A municipality may not prohibit the permittee, licensee, employees, salespersons, employees of wholesalers issued a permit under s. 125.28 (1) or 125.54 (1); employees of permittees under s. 125.295 with respect to the permittee's own retail premises; or service personnel from being present on premises operated under a Class “A", “Class A" or “Class C" license or under a Class “B" or “Class B" license or permit during hours when the premises are not open for business if those persons are performing job-related activities.
125.10(5) (5)Fermented malt beverages on commercial quadricycles.
125.10(5)(a)(a) A municipality may, by ordinance, prohibit the consumption of fermented malt beverages by passengers on a commercial quadricycle within the municipality.
125.10(5)(b) (b) Notwithstanding sub. (1), an ordinance enacted before January 1, 2014, regulating the possession or consumption of open containers of alcohol beverages in public places may not prohibit the possession or consumption of alcohol beverages by passengers on a commercial quadricycle. An ordinance that is inconsistent with this paragraph may not be enforced.
125.10 Annotation This chapter contemplates and expressly directs that regulation is to supersede competition in the retail sale of alcohol beverages. The regulatory scheme indicates a legislative intent to make state antitrust law not applicable by authorizing contrary or inconsistent conduct by granting municipalities broad statutory authority to prescribe or orchestrate anticompetitive regulation in the sale and consumption of alcohol if that regulation serves an important public interest. Private parties are eligible for antitrust immunity when they act in concert, in an anticompetitive manner, in direct response to pressure bordering on compulsion from a municipality. Eichenseer v. Madison-Dane County Tavern League, Inc., 2008 WI 38, 308 Wis. 2d 684, 748 N.W.2d 154, 05-1063.
125.10 Annotation A town must renew a license, if the proper application is made and the fees are paid, unless it revokes, suspends, or non-renews the license, following the procedures outlined in s. 125.12. This section does not give towns the authority to unilaterally modify the described premises in an individual license upon renewal of that license. A town must either pass a regulation or an ordinance under this section or it must find grounds for revocation or nonrenewal under s. 125.12. Wisconsin Dolls, LLC v. Town of Dell Prairie, 2012 WI 76, 342 Wis. 2d 350, 815 N.W.2d 690, 10-2900.
125.105 125.105 Impersonating an officer.
125.105(1)(1)No person may impersonate an inspector, agent or other employee of the division or of the department of justice.
Effective date note NOTE: Sub. (1) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (1) No person may impersonate an inspector, agent or other employee of the department or of the department of justice.
125.105(2) (2)
125.105(2)(a)(a) Whoever violates sub. (1) with the intent to mislead another may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
125.105(2)(b) (b) Whoever violates sub. (1) to commit, or abet the commission of, a crime is guilty of a Class H felony.
125.105 History History: 1989 a. 253; 1997 a. 283; 2001 a. 109; 2023 a. 73.
125.11 125.11 Penalties.
125.11(1)(1)General penalty. Any person who violates any provision of this chapter for which a specific penalty is not provided, shall be fined not more than $1,000 or imprisoned for not more than 90 days or both. Any license or permit issued to the person under this chapter may be revoked by the court.
125.11(2) (2)Felony. If a person is convicted of a felony under this chapter, in addition to the penalties provided for the felony, the court shall revoke any license or permit issued to the person under this chapter.
125.11(3) (3)Inspection violation. Any person who refuses to permit an examination of premises as provided in s. 125.025 (3) shall be fined not more than $500 nor less than $50, or imprisoned not more than 90 days nor less than 10 days or both, and any license or permit issued to that person may be revoked.
Effective date note NOTE: Sub. (3) is created eff. 5-1-24 by 2023 Wis. Act 73.
125.11 History History: 1981 c. 79; 1985 a. 120, 302; 1989 a. 253; 2023 a. 73.
125.115 125.115 Responsibility for commission of a crime.
125.115(1)(1)A person may be convicted of the commission of a crime under this chapter only if the criteria specified in s. 939.05 exist.
125.115(2) (2)This section does not apply to civil forfeiture actions for violation of any provision of this chapter or any local ordinance in conformity with any provision of this chapter.
125.115 History History: 1985 a. 47.
125.12 125.12 Revocations, suspensions, refusals to issue or renew.
125.12(1)(1)Revocation, suspension, nonissuance or nonrenewal of license.
125.12(1)(a) (a) Except as provided in this subsection, any municipality or the division may revoke, suspend or refuse to renew any license or permit under this chapter, as provided in this section.
Effective date note NOTE: Par. (a) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (a) Except as provided in this subsection, any municipality or the department may revoke, suspend or refuse to renew any license or permit under this chapter, as provided in this section.
125.12(1)(b)1.1. In this paragraph, “ violation" means a violation of s. 125.07 (1) (a), or a local ordinance that strictly conforms to s. 125.07 (1) (a).
125.12(1)(b)2. 2. No violation may be considered under this section or s. 125.04 (5) (a) 1. unless the licensee or permittee has committed another violation within one year preceding the violation. If a licensee or permittee has committed 2 or more violations within one year, all violations committed within one year of a previous violation may be considered under this section or s. 125.04 (5) (a) 1.
125.12(1)(c) (c) Neither a municipality nor the division may consider an arrest or conviction for a violation punishable under s. 101.123 (8) (d), 945.03 (2m), 945.04 (2m), or 945.05 (1m) in any action to revoke, suspend, or refuse to renew a Class “B" or “Class B" license or permit.
Effective date note NOTE: Par. (c) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (c) Neither a municipality nor the department may consider an arrest or conviction for a violation punishable under s. 101.123 (8) (d), 945.03 (2m), 945.04 (2m), or 945.05 (1m) in any action to revoke, suspend, or refuse to renew a Class “B" or “Class B" license or permit.
125.12(2) (2)Revocation or suspension of licenses by local authorities.
125.12(2)(ag)(ag) Complaint. Any resident of a municipality issuing licenses under this chapter may file a sworn written complaint with the clerk of the municipality alleging one or more of the following about a person holding a license issued under this chapter by the municipality:
125.12(2)(ag)1. 1. The person has violated this chapter or municipal regulations adopted under s. 125.10.
125.12(2)(ag)2. 2. The person keeps or maintains a disorderly or riotous, indecent or improper house.
125.12(2)(ag)3. 3. The person has sold or given away alcohol beverages to known habitual drunkards.
125.12(2)(ag)4. 4. The person does not possess the qualifications required under this chapter to hold the license.
125.12(2)(ag)5. 5. The person has been convicted of manufacturing, distributing or delivering a controlled substance or controlled substance analog under s. 961.41 (1); of possessing, with intent to manufacture, distribute or deliver, a controlled substance or controlled substance analog under s. 961.41 (1m); or of possessing, with intent to manufacture, distribute or deliver, or of manufacturing, distributing or delivering a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state.
125.12(2)(ag)5m. 5m. The person has been convicted of possessing any of the materials listed in s. 961.65 with intent to manufacture methamphetamine under that subsection or under a federal law or a law of another state that is substantially similar to s. 961.65.
125.12(2)(ag)6. 6. The person knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess, with the intent to manufacture, distribute or deliver, or to manufacture, distribute or deliver a controlled substance or controlled substance analog.
125.12(2)(ag)6m. 6m. The person knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess any of the materials listed in s. 961.65 with the intent to manufacture methamphetamine.
125.12(2)(ag)7. 7. The person received the benefit from an act prohibited under s. 125.33 (11).
125.12(2)(ar) (ar) Summons. Upon the filing of the complaint, the municipal governing body or a duly authorized committee of a city council shall issue a summons, signed by the clerk and directed to any peace officer in the municipality. The summons shall command the licensee complained of to appear before the municipal governing body or the committee on a day and place named in the summons, not less than 3 days and not more than 10 days from the date of issuance, and show cause why his or her license should not be revoked or suspended. The summons and a copy of the complaint shall be served on the licensee at least 3 days before the time at which the licensee is commanded to appear. Service shall be in the manner provided under ch. 801 for service in civil actions in circuit court.
125.12(2)(b) (b) Procedure on hearing.
125.12(2)(b)1.1. If the licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true and if the municipal governing body or the committee finds the allegations sufficient, the license shall be revoked. The clerk shall give notice of the revocation to the person whose license is revoked.
125.12(2)(b)2. 2. If the licensee appears as required by the summons and denies the complaint, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel. The licensee shall be provided a written transcript of the hearing at his or her expense. If the hearing is held before the municipal governing body and the complaint is found to be true, the license shall either be suspended for not less than 10 days nor more than 90 days or revoked, except that, if a complaint under par. (ag) 4. is found to be true with respect to a license issued under s. 125.51 (4) (v), the license shall be revoked.
125.12(2)(b)3. 3. If the hearing is held before a committee of a city council, the committee shall submit a report to the city council, including findings of fact, conclusions of law and a recommendation as to what action, if any, the city council should take with respect to the license. The committee shall provide the complainant and the licensee with a copy of the report. Either the complainant or the licensee may file an objection to the report and shall have the opportunity to present arguments supporting the objection to the city council. The city council shall determine whether the arguments shall be presented orally or in writing or both. If the city council, after considering the committee's report and any arguments presented by the complainant or the licensee, finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation, the license shall be suspended or revoked as provided under subd. 2.
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 93 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on April 4, 2024. Published and certified under s. 35.18. Changes effective after April 4, 2024, are designated by NOTES. (Published 4-4-24)