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LRB-4319/1
ARG:kjf
2017 - 2018 LEGISLATURE
October 9, 2017 - Introduced by Senators Stroebel and Marklein, cosponsored by
Representatives Gannon, Fields, Horlacher, Jacque, Tauchen, Berceau,
Ballweg, Thiesfeldt, Skowronski, E. Brooks and Duchow. Referred to
Committee on Revenue, Financial Institutions and Rural Issues.
SB428,1,3 1An Act to amend 125.26 (6), 125.33 (9), 125.51 (10) (a), 125.69 (6) (a) and 125.69
2(6) (c) of the statutes; relating to: the source of supply for temporary retail
3alcohol beverage licensees.
Analysis by the Legislative Reference Bureau
This bill allows a temporary retail alcohol beverage licensee to obtain the beer
or wine to be sold to consumers under the license from another retailer rather than
a wholesaler.
Current law authorizes municipalities to issue temporary Class “B" and “Class
B" licenses to certain clubs, fair associations, agricultural societies, churches,
veterans organizations, lodges, and societies that authorize the retail sale of,
respectively, fermented malt beverages (beer) and wine at fairs, meetings, picnics,
and similar gatherings hosted by these organizations. Unless a specific statutory
exception applies, a person issued a temporary retail license is subject to the same
requirements as other retail licensees. Among these requirements, a retail licensee
may not purchase beer or wine from any person other than a wholesaler.
This bill allows a temporary Class “B” or “Class B” retail licensee to purchase,
respectively, beer or wine from another retail licensee.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB428,1
1Section 1. 125.26 (6) of the statutes is amended to read:
SB428,2,252 125.26 (6) Temporary Class “B" licenses may be issued to bona fide clubs and
3chambers of commerce, to county or local fair associations or agricultural societies,
4to churches, lodges or societies that have been in existence for at least 6 months
5before the date of application, and to posts of veterans organizations authorizing the
6sale of fermented malt beverages at a particular picnic or similar gathering, at a
7meeting of the post, or during a fair conducted by the fair association or agricultural
8society. The amount of the fee for the license shall be determined by the municipal
9governing body issuing the license but may not exceed $10. An official or body
10authorized by a municipal governing body to issue temporary Class “B" licenses may,
11upon issuance of any temporary Class “B" license, authorize the licensee to permit
12underage persons to be on the premises for which the license is issued. A license
13issued to a county or district fair licenses the entire fairgrounds where the fair is
14being conducted and all persons engaging in retail sales of fermented malt beverages
15from leased stands on the fairgrounds. The county or district fair to which the license
16is issued may lease stands on the fairgrounds to persons who may engage in retail
17sales of fermented malt beverages from the stands while the fair is being held. A
18municipal governing body may issue a temporary Class “B" license for premises that
19are covered by a “Class B" permit issued under s. 125.51 (5) (b) 2. if the applicant
20meets the requirements of this subsection. If a license is issued under this subsection
21to a fair association solely for the purpose of conducting on the licensed premises
22fermented malt beverages judging or tasting events involving servings of fermented
23malt beverages no greater than one fluid ounce each, s. 125.32 (2) does not apply to
24these licensed premises. The licensee may purchase fermented malt beverages, and
25possess fermented malt beverages purchased, from a Class “A” or Class “B” licensee.
SB428,2
1Section 2. 125.33 (9) of the statutes is amended to read:
SB428,3,82 125.33 (9) Campuses and retailers to purchase from wholesalers. Except as
3provided in ss. 125.26 (6), 125.29 (3m) (b) and (c), 125.295 (1) (g), and 125.30 (4), no
4campus or retail licensee or permittee may purchase or possess fermented malt
5beverages purchased from any person other than a wholesaler holding a permit
6under this chapter for the sale of fermented malt beverages. Any person who violates
7this subsection may be fined not more than $10,000 or imprisoned for not more than
89 months or both.
SB428,3 9Section 3. 125.51 (10) (a) of the statutes is amended to read:
SB428,4,1110 125.51 (10) (a) Notwithstanding s. 125.68 (3), temporary “ Class B" licenses
11may be issued to bona fide clubs and chambers of commerce, to county or local fair
12associations or agricultural societies, to churches, lodges, or societies that have been
13in existence for at least 6 months before the date of application, and to posts of
14veterans' organizations authorizing the sale of wine in an original package,
15container, or bottle or by the glass if the wine is dispensed directly from an original
16package, container, or bottle at a particular picnic or similar gathering, at a meeting
17of the post, or during a fair conducted by the fair association or agricultural society.
18The amount of the fee for the license shall be determined by the municipal governing
19body issuing the license but may not exceed $10, except that no fee may be charged
20to a person who at the same time applies for a temporary Class “B" license under s.
21125.26 (6) for the same event. A license issued to a county or district fair licenses the
22entire fairgrounds where the fair is being conducted and all persons engaging in
23retail sales of wine from leased stands on the fairgrounds. The county or district fair
24to which the license is issued may lease stands on the fairgrounds to persons who
25may engage in retail sales of wine from the stands while the fair is being held. If a

1county or district fair leases any stand to a winery holding a permit under s. 125.53,
2in addition to making retail sales of wine from the leased stand, the winery may
3provide taste samples anywhere on the fairgrounds of wine manufactured by the
4winery. If a license is issued under this paragraph to a fair association solely for the
5purpose of conducting on the licensed premises wine judging or tasting events
6involving servings of wine no greater than one fluid ounce each, s. 125.68 (2) does not
7apply to these licensed premises. Except as provided in par. (b), not more than 2
8licenses may be issued under this paragraph to any club, chamber of commerce,
9county or local fair association, agricultural association, church, lodge, society, or
10veterans post in any 12-month period. The licensee may purchase wine, and possess
11wine purchased, from a “Class A” or “Class B” licensee.
SB428,4 12Section 4. 125.69 (6) (a) of the statutes is amended to read:
SB428,4,1613 125.69 (6) (a) No Except as provided in s. 125.51 (10) (a), no campus or retail
14licensee or permittee may purchase intoxicating liquor from, or possess intoxicating
15liquor purchased from, any person other than a wholesaler holding a permit under
16this chapter for the sale of intoxicating liquor.
SB428,5 17Section 5. 125.69 (6) (c) of the statutes is amended to read:
SB428,4,2118 125.69 (6) (c) Notwithstanding Except as provided in s. 125.51 (10) (a), and
19notwithstanding
par. (b), a “Class B" licensee who purchases intoxicating liquor from
20a “Class A" licensee for resale or who possesses intoxicating liquor purchased from
21a “Class A" licensee for resale may be fined not more than $100.
SB428,4,2222 (End)
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