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LRB-2513/1
ARG:ahe
2017 - 2018 LEGISLATURE
July 26, 2017 - Introduced by Representatives R. Brooks and Ohnstad,
cosponsored by Senators Stroebel and Darling. Referred to Committee on
State Affairs.
AB450,1,3 1An Act to amend 125.272 and 125.51 (6); and to create 125.26 (2x), 125.27 (4),
2125.51 (3) (bx) and 125.51 (5) (e) of the statutes; relating to: retail sales of
3alcohol beverages at the Ozaukee County fairgrounds.
Analysis by the Legislative Reference Bureau
This bill allows a retailer to sell alcohol beverages off the retailer's licensed
premises if the sale occurs at the Ozaukee County fairgrounds, the retailer is
approved by the Ozaukee County Board of Supervisors, and the retailer's licensed
premises are located in Ozaukee County.
Under current law, with exceptions, no person may sell alcohol beverages to a
consumer unless the seller possesses a license or permit authorizing the sale. A Class
“B" license authorizes the retail sale of fermented malt beverages (beer) for
consumption on or off the premises. A “Class B" license authorizes the retail sale of
intoxicating liquor for consumption on the licensed premises and, subject to various
restrictions, the retail sale of intoxicating liquor in original packages for
consumption off the licensed premises. Intoxicating liquor includes wine and
distilled spirits. Class “B” licenses and “Class B” licenses are issued by
municipalities and are generally issued together for establishments such as
restaurants, bars, and taverns. Class “B” and “Class B” licenses must particularly
describe the premises where alcohol will be sold. Under limited circumstances, the
Department of Revenue also issues Class “B” and “Class B” permits authorizing the
retail sale of beer and intoxicating liquor. Alcohol may be sold at retail only in a
face-to-face transaction with a consumer on the premises described in the retail
license or permit.

This bill allows Class “B” licensees and permittees, and “Class B” licensees and
permittees, to sell, respectively, beer and intoxicating liquor at specific locations
within the Ozaukee County fairgrounds during special events held at the
fairgrounds if the Ozaukee County board adopts a resolution approving the licensee
or permittee and if the premises covered by the license or permit are located in
Ozaukee County. The bill therefore authorizes, under these limited circumstances,
these retailers to sell alcohol beverages off the premises covered by the retail license
or permit, including allowing sales outside the municipality that issued a retail
license.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB450,1 1Section 1. 125.26 (2x) of the statutes is created to read:
AB450,3,72 125.26 (2x) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
3addition to the authorization specified in sub. (1), a Class “B" license issued under
4this section also authorizes the licensee to provide fermented malt beverages,
5including their retail sale, at specific locations within the Ozaukee County
6fairgrounds during special events held at the fairgrounds, if the Ozaukee County
7board adopts a resolution approving the licensee and if the licensee's Class “B”
8licensed premises are located in Ozaukee County. Notwithstanding sub. (1), a
9licensee may provide fermented malt beverages under this subsection at the
10Ozaukee County fairgrounds even though the Ozaukee County fairgrounds are not
11part of the licensee's licensed premises, as described under sub. (3) in the licensee's
12Class “B” license, and even if the Ozaukee County fairgrounds are not located within
13the municipality that issued the Class “B” license. A licensee that provides
14fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the
15fermented malt beverages were provided on the licensee's Class “B” licensed
16premises. Notwithstanding s. 125.34 (4) and (5), a wholesaler may deliver fermented
17malt beverages to the Ozaukee County fairgrounds to a licensee approved by the

1Ozaukee County board under this subsection and such an approved licensee may
2transport fermented malt beverages from its licensed premises to the Ozaukee
3County fairgrounds for purposes of selling the fermented malt beverages at the
4Ozaukee County fairgrounds. This subsection does not authorize Ozaukee County
5or any person operating or managing the Ozaukee County fairgrounds to sell
6fermented malt beverages at retail or to procure or stock fermented malt beverages
7for purposes of retail sale.
AB450,2 8Section 2. 125.27 (4) of the statutes is created to read:
AB450,4,59 125.27 (4) Additional sales authority for permittees. Notwithstanding subs.
10(1) (d), (2) (d), and (3) (d) and ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition
11to the authorization specified in sub. (1), (2), or (3), a Class “B" permit issued under
12this section also authorizes the permittee to provide fermented malt beverages,
13including their retail sale, at specific locations within the Ozaukee County
14fairgrounds during special events held at the fairgrounds, if the Ozaukee County
15board adopts a resolution approving the permittee and if the premises covered by the
16Class “B” permit are located in Ozaukee County. Notwithstanding subs. (1), (2), and
17(3), a permittee may provide fermented malt beverages under this subsection at the
18Ozaukee County fairgrounds even though the Ozaukee County fairgrounds are not
19part of the premises described in the permit. A permittee that provides fermented
20malt beverages under this subsection is subject to s. 125.32 (2) as if the fermented
21malt beverages were provided on the premises covered by the Class “B” permit.
22Notwithstanding s. 125.34 (4) and (5), a wholesaler may deliver fermented malt
23beverages to the Ozaukee County fairgrounds to a permittee approved by the
24Ozaukee County board under this subsection and such an approved permittee may
25transport fermented malt beverages from the premises covered by the permit to the

1Ozaukee County fairgrounds for purposes of selling the fermented malt beverages
2at the Ozaukee County fairgrounds. This subsection does not authorize Ozaukee
3County or any person operating or managing the Ozaukee County fairgrounds to sell
4fermented malt beverages at retail or to procure or stock fermented malt beverages
5for purposes of retail sale.
AB450,3 6Section 3. 125.272 of the statutes is amended to read:
AB450,4,11 7125.272 Face-to-face retail sales. Except as provided in s. ss. 125.26 (2m)
8and, (2s), and (2x) and 125.27 (4) and except with respect to caterers, a retail license
9issued under s. 125.25 or 125.26, and a retail permit issued under s. 125.27,
10authorizes only face-to-face sales to consumers at the premises described in the
11retail license or permit.
AB450,4 12Section 4. 125.51 (3) (bx) of the statutes is created to read:
AB450,5,413 125.51 (3) (bx) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
14addition to the authorization specified in par. (a) or (b) and in sub. (1) (a), a “Class
15B" license issued under sub. (1) also authorizes the licensee to provide intoxicating
16liquor, including its retail sale, at specific locations within the Ozaukee County
17fairgrounds during special events held at the fairgrounds, if the Ozaukee County
18board adopts a resolution approving the licensee and if the licensee's “Class B”
19licensed premises are located in Ozaukee County. Notwithstanding pars. (a) and (b)
20and sub. (1) (a), a licensee may provide intoxicating liquor under this paragraph at
21the Ozaukee County fairgrounds even though the Ozaukee County fairgrounds are
22not part of the licensee's licensed premises, as described under par. (d) in the
23licensee's “Class B” license, and even if the Ozaukee County fairgrounds are not
24located within the municipality that issued the licensee's “Class B” license. A
25licensee that provides intoxicating liquor under this paragraph is subject to s. 125.68

1(2) as if the intoxicating liquor were provided on the licensee's “ Class B” licensed
2premises. This paragraph does not authorize Ozaukee County or any person
3operating or managing the Ozaukee County fairgrounds to sell intoxicating liquor
4at retail or to procure or stock intoxicating liquor for purposes of retail sale.
AB450,5 5Section 5. 125.51 (5) (e) of the statutes is created to read:
AB450,5,216 125.51 (5) (e) Additional sales authority for permittees. Notwithstanding pars.
7(a) 2., (b) 3., (c) 3., and (d) 3. and ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition
8to the authorization specified in par. (a), (b), (c), or (d), a “Class B" permit issued
9under this subsection also authorizes the permittee to provide intoxicating liquor,
10including its retail sale, at specific locations within the Ozaukee County fairgrounds
11during special events held at the fairgrounds, if the Ozaukee County board adopts
12a resolution approving the permittee and if the premises covered by the “Class B”
13permit are located in Ozaukee County. Notwithstanding pars. (a), (b), (c), and (d),
14a permittee may provide intoxicating liquor under this paragraph at the Ozaukee
15County fairgrounds even though the Ozaukee County fairgrounds are not part of the
16premises described in the permit. A permittee that provides intoxicating liquor
17under this paragraph is subject to s. 125.68 (2) as if the intoxicating liquor were
18provided on the premises covered by the “Class B” permit. This paragraph does not
19authorize Ozaukee County or any person operating or managing the Ozaukee
20County fairgrounds to sell intoxicating liquor at retail or to procure or stock
21intoxicating liquor for purposes of retail sale.
AB450,6 22Section 6. 125.51 (6) of the statutes is amended to read:
AB450,6,223 125.51 (6) Face-to-face retail sales. Except as provided in sub. subs. (3) (bm)
24and, (bs), and (bx) and (5) (e) and except with respect to caterers, a retail license or

1permit issued under this section authorizes only face-to-face sales to consumers at
2the premises described in the retail license or permit.
AB450,6,33 (End)
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