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Under current law, with limited exceptions, no person may sell alcohol
beverages to a consumer unless the seller possesses a license or permit authorizing
the sale. Municipalities may issue retail Class “B” licenses authorizing the sale of
beer, and retail “Class B” licenses authorizing the sale of intoxicating liquor, to
consumers. Under certain circumstances, DOR may issue retail Class “B” and “Class
B” permits authorizing the retail sale of beer and intoxicating liquor to consumers.
This bill also authorizes DOR to issue retail Class “B” and “Class B” permits for
racetrack grounds. The bill defines “racetrack grounds" as property consisting of at
least 300 acres containing a motor vehicle racetrack at least four miles in length

capable of hosting professional racing events, and includes any building or other
structure on this property associated with the racetrack or with services provided in
connection with events held at the racetrack. Under the bill, DOR may issue
Class “B" and “Class B” permits, for locations within racetrack grounds, to the owner
or operator of the racetrack grounds or to any person designated by the owner or
operator of the racetrack grounds to operate premises located within the racetrack
grounds. Class “B” and “Class B” permits issued by DOR for racetrack grounds
authorize the retail sale of beer and intoxicating liquor at the location within the
racetrack grounds specified in the permit, for possession and consumption anywhere
within the racetrack grounds. Class “B” and “Class B” permits do not authorize the
sale of beer and intoxicating liquor for consumption away from the racetrack grounds
and do not authorize the sale of beer and intoxicating liquor at any designated
camping area on racetrack grounds while the area is in use for camping. The bill
contains an exception allowing underage persons to be present on those locations at
racetrack grounds for which Class “B” or “Class B” permits are issued.
This bill allows DOR to issue Class “B” and “Class B” permits to vendors
authorizing the retail sale of beer and intoxicating liquor at the state fair park if the
State Fair Park Board has, by resolution, annually applied to DOR for the permit.
Under the bill, a “vendor” is a person that has entered into a vendor agreement with
the State Fair Park Board authorizing the person to sell alcohol beverages at the
state fair park.
Retail sales by caterers off licensed premises
Current law generally requires a retail licensee to make retail sales of alcohol
beverages only in a face-to-face transaction on the retail licensed premises,
although the retail licensee may thereafter deliver and serve the alcohol beverages
at another location. An exception allows a caterer to make retail sales off its licensed
premises during a special event held at the National Railroad Museum in Green Bay
or at the Heritage Hill State Park, if no retail license has been issued for this museum
or park. A “caterer” is defined as a person who holds a restaurant license and who
is in the business of preparing food and transporting it for consumption at
gatherings, meetings, or events if the sale of food at each gathering, meeting, or event
accounts for greater than 50 percent of the gross receipts of all of the food and
beverages served at the gathering, meeting, or event.
This bill allows a caterer to make retail sales of alcohol beverages off its licensed
premises on racetrack grounds, except at a designated camping area while the area
is in use for camping and except on premises for which DOR has issued a retail permit
for the racetrack grounds.
Closing hours for certain retailers
Under current law, with limited 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 beer for consumption on or
off the premises. Except when issued to a winery, a “Class B" license authorizes the
retail sale of intoxicating liquor, which includes wine and distilled spirits, for
consumption on the licensed premises and, subject to restrictions, the retail sale of
intoxicating liquor in original packages for consumption off the licensed premises.

Class “B” and “Class B” licenses are often issued together for restaurants and
taverns. A “Class C" license, which may be issued only for a restaurant, authorizes
the retail sale of wine for consumption on the premises. A retailer operating under
a Class “B," “Class B,” or “Class C” license may not remain open between the hours
of 2 a.m. and 6 a.m. on weekdays or between 2:30 a.m. and 6 a.m. on Saturday and
Sunday, and a municipality may not impose different closing hours by ordinance.
However, there is no closing hour on January 1 for Class “B” and “Class B” licensed
retailers. The hours during which a Class “B” or “Class B” licensed retailer may
make sales for off-premises consumption are more limited, with these sales
prohibited from midnight to 6 a.m., although a municipality may, by ordinance,
impose more restrictive hours for these sales.
This bill creates a closing hour exception that may be available for Class “B,”
“Class B,” and “Class C” licensees. Under the bill, from July 13 to July 17, 2020, the
closing hour for a Class “B,” “Class B,” or “Class C” licensee is 4 a.m. if the
municipality issuing the license authorizes, upon application, the extended closing
hour. Alternatively, a municipality may, by ordinance, opt out and retain the regular,
unextended closing hour for all licensees. This bill does not affect the hours during
which a Class “B” or “Class B” licensee may make sales for off-premises
consumption.
Retail closing hours for wineries
Current law allows a winery to hold a retail “Class B" license, but, unlike other
“Class B” licenses, a winery's “Class B” license authorizes only the sale of wine. A
winery operating under a retail “Class B" license may not remain open for retail sales
of wine between the hours of 9 p.m. and 8 a.m.
This bill changes the closing hour for wineries operating under a “Class B"
license from 9 p.m. to midnight, but allows municipalities to establish, by ordinance,
more restrictive closing hours for these wineries. From July 13 to July 17, 2020, a
winery is eligible for extended closing hours to the same extent applicable for other
“Class B” licensees within the same municipality.
Brewer hours of sale
Current law allows a brewer holding a brewer's permit to sell at retail, without
a retail license, beer for consumption on or off the brewery premises or the brewer's
off-site retail outlet. If the brewer held an intoxicating liquor license on June 1, 2011,
the brewer may also sell at retail, without a retail license, intoxicating liquor for
consumption on the brewery premises or the brewer's off-site retail outlet. Current
law does not specify permissible hours of sale for these retail sales by a brewer.
This bill prohibits a brewer from making retail sales of beer and intoxicating
liquor during hours in which a Class “B” or “Class B” licensed premises must be
closed. As with a Class “B” or “Class B” licensee, a municipality may not impose more
restrictive hours for retail sales for on-premises consumption but may impose more
restrictive hours for retail sales for off-premises consumption. From July 13 to July
17, 2020, a brewer is eligible for the same extended closing hours applicable to Class
“B,” “Class B,” and “Class C” licensees if the municipality has elected to extend
closing hours for these retail licensees.

Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB869,1 1Section 1. 125.07 (3) (a) 17. of the statutes is created to read:
AB869,5,32 125.07 (3) (a) 17. Premises for which a Class “B" permit is issued under s.
3125.27 (5) or a “Class B" permit is issued under s. 125.51 (5) (f).
AB869,2 4Section 2 . 125.12 (5) of the statutes is renumbered 125.12 (5) (a) and amended
5to read:
AB869,5,116 125.12 (5) (a) The department may, after notice and an opportunity for hearing,
7revoke, suspend, or refuse to renew any retail permit issued by it for the causes
8provided in sub. (4) and any other permit issued by it under this chapter for any
9violation of this chapter or ch. 139, except that, for a violation of sub. (4) (ag) 6. with
10respect to a license issued under s. 125.51 (4) (v) or
a violation of s. 125.535 or
11139.035, the department shall revoke the license or permit.
AB869,5,13 12(c) A revocation, suspension, or refusal to renew a permit under par. (a) or (b)
13is a contested case under ch. 227.
AB869,3 14Section 3 . 125.12 (5) (b) of the statutes is created to read:
AB869,5,1915 125.12 (5) (b) The department may, after notice and an opportunity for hearing,
16revoke any permit issued under s. 125.27 (5) or 125.51 (5) (f) to a person designated
17by the owner or operator of racetrack grounds as provided in s. 125.27 (5) (b) or 125.51
18(5) (f) 2. if the person's designation has terminated or the owner or operator of the
19racetrack grounds has otherwise rescinded the person's designation.
AB869,4
1Section 4. 125.20 of the statutes is created to read:
AB869,6,5 2125.20 Private event venue permit; prohibition. (1) Permit issuance. (a)
3The department may issue to property owners private event venue permits that
4authorize the permittee to rent or lease real property for use as a venue for a private
5event at which fermented malt beverages or intoxicating liquor is consumed.
AB869,6,86 (b) A private event venue permit may be issued only to a person who holds a
7valid certificate issued under s. 73.03 (50) and is qualified under s. 125.04 (5), except
8a person acting as an agent for or in the employ of another.
AB869,6,119 (c) A private event venue permit may not be issued to a person unless the person
10has provided to the department proof of liability insurance covering the premises for
11which the permit is issued.
AB869,6,1612 (d) A permit may not be issued under this section for premises that are covered
13by any other license or permit under this chapter, but a caterer holding a Class “B”
14or “Class B” license may deliver fermented malt beverages or intoxicating liquor to
15premises described in a permit under this section and may provide services in
16conjunction with the delivery.
AB869,6,1717 (e) The annual fee for a permit issued under this section shall be $750.
AB869,6,20 18(2) Operational requirements. All provisions of this chapter applying to Class
19“B" and “Class B” licenses and licensees apply to private event venue permits and
20permittees, except as follows:
AB869,6,2221 (a) A permit issued under this section does not authorize the sale of any alcohol
22beverages.
AB869,7,423 (b) The host of an event held on premises covered by a permit issued under this
24section may possess and consume, and allow the possession and consumption by
25others, on the premises, of fermented malt beverages and intoxicating liquor

1purchased from a retail licensee or permittee rather than a wholesaler. Upon the
2conclusion of an event, the host may remove from the premises any remaining
3fermented malt beverages and intoxicating liquor that is in an unopened, original
4container.
AB869,7,105 (c) No premises for which a permit under this section is issued may remain open
6between the hours of 2 a.m. and 6 a.m. On January 1 premises operating under a
7permit under this section are not required to close. On Saturday and Sunday, no such
8premises may remain open between 2:30 a.m. and 6 a.m. except that, on the Sunday
9that daylight saving time begins as specified in s. 175.095 (2), no such premises may
10remain open between 3:30 a.m. and 6 a.m.
AB869,7,15 11(3) Prohibition. (a) No person may rent or lease real property to another for
12use as a venue for a private event at which fermented malt beverages or intoxicating
13liquor is consumed unless the person holds a permit issued under this section and
14consumption of the fermented malt beverages or intoxicating liquor occurs on the
15premises covered by the permit.
AB869,7,1616 (b) This subsection does not apply to any of the following:
AB869,7,1817 1. A room in a hotel, motel, or bed and breakfast that is used for overnight
18accommodations.
AB869,7,2119 2. Vacation rental property, or any other property of temporary lodging, that
20is used for overnight accommodations if the property is furnished with sufficient beds
21for all adult guests to sleep.
AB869,7,2222 3. A campsite on a campground licensed under s. 97.67.
AB869,7,2323 4. Property used primarily for parking.
AB869,8,3
15. Property within a local professional football stadium district created under
2subch. IV of ch. 229 if the property is used in connection with, and on the same day
3as, a professional football game held at the football stadium.
AB869,8,64 6. Property within a local professional baseball park district created under
5subch. III of ch. 229 if the property is used in connection with, and on the same day
6as, a professional baseball game held at the baseball park.
AB869,8,117 7. Property used in connection with an amateur sporting event held on a
8campus of the University of Wisconsin System, or at a sports arena, as defined in s.
9101.123 (1) (hm), having a seating capacity of at least 1,000 persons, if the property
10is primarily used immediately before or immediately after the amateur sporting
11event rather than during the amateur sporting event.
AB869,8,1312 8. Property used by a nonprofit organization, as defined in s. 134.695 (1) (am),
13or property that such a nonprofit organization owns, rents, or leases.
AB869,8,1414 9. Property covered by a license or permit issued under this chapter.
AB869,8,1515 (c) The penalty under s. 125.04 (13) shall apply to a violation of this subsection.
AB869,5 16Section 5 . 125.26 (2v) of the statutes is created to read:
AB869,9,417 125.26 (2v) (a) Subject to pars. (b) and (c), and notwithstanding ss. 125.04 (3)
18(a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization specified
19in sub. (1), a Class “B" license issued under this section to a caterer also authorizes
20the caterer to provide fermented malt beverages, including their retail sale, on
21racetrack grounds, as defined in s. 125.27 (5) (a). Subject to pars. (b) and (c), and
22notwithstanding sub. (1) and s. 125.32 (6) (a), a caterer may provide fermented malt
23beverages under this paragraph at any location on racetrack grounds even though
24the racetrack grounds are not part of the caterer's licensed premises, as described
25under sub. (3) in the caterer's Class “B" license, and even if the racetracks grounds

1are not located within the municipality that issued the caterer's Class “B" license.
2A caterer that provides fermented malt beverages under this paragraph is subject
3to s. 125.32 (2) and (3) as if the fermented malt beverages were provided on the
4caterer's Class “B" licensed premises.
AB869,9,65 (b) A caterer may not provide fermented malt beverages under par. (a) at any
6designated camping area on racetrack grounds while the area is in use for camping.
AB869,9,87 (c) A caterer may not provide fermented malt beverages under par. (a) on any
8premises covered by a permit issued under s. 125.27 (5) or 125.51 (5) (f).
AB869,6 9Section 6 . 125.27 (4) of the statutes is amended to read:
AB869,9,2510 125.27 (4) Additional sales authority for permittees. Notwithstanding subs.
11(1) (d), (2) (d), and (3) (d) and ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition
12to the authorization specified in sub. (1), (2), or (3), a Class “B" permit issued under
13this section also authorizes the permittee to provide fermented malt beverages,
14including their retail sale, at specific locations within the Ozaukee County
15fairgrounds for consumption at these locations during special events held at the
16fairgrounds, if the Ozaukee County board adopts a resolution approving the
17permittee and if the premises covered by the Class “B” permit are located in Ozaukee
18County. Notwithstanding subs. (1), (2), and (3), a permittee may provide fermented
19malt beverages under this subsection at the Ozaukee County fairgrounds even
20though the Ozaukee County fairgrounds are not part of the premises described in the
21permit. A permittee that provides fermented malt beverages under this subsection
22is subject to s. 125.32 (2) as if the fermented malt beverages were provided on the
23premises covered by the Class “B” permit. Notwithstanding s. 125.34 (4) and (5), a
24wholesaler may deliver fermented malt beverages to the Ozaukee County
25fairgrounds to a permittee approved by the Ozaukee County board under this

1subsection and such an approved permittee may transport fermented malt
2beverages from the premises covered by the permit to the Ozaukee County
3fairgrounds for purposes of selling the fermented malt beverages at the Ozaukee
4County fairgrounds. This subsection does not authorize Ozaukee County or any
5person operating or managing the Ozaukee County fairgrounds to sell fermented
6malt beverages at retail or to procure or stock fermented malt beverages for purposes
7of retail sale. This subsection does not apply to a permit issued under sub. (6).
AB869,7 8Section 7. 125.27 (5) of the statutes is created to read:
AB869,10,149 125.27 (5) Permits for racetrack grounds. (a) In this subsection, “racetrack
10grounds" means real property consisting of at least 300 acres containing a motor
11vehicle racetrack at least 4 miles in length capable of hosting professional racing
12events, and includes any building or other structure on this property associated with
13the racetrack or with services provided in connection with events held at the
14racetrack.
AB869,10,2415 (b) The department may issue Class “B" permits for locations within racetrack
16grounds to any person that holds a valid certificate issued under s. 73.03 (50), that
17is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the
18racetrack grounds or is designated by the owner or operator of the racetrack grounds
19to operate premises located within the racetrack grounds. Subject to par. (e), the
20permit authorizes the retail sale of fermented malt beverages on the premises
21covered by the permit, for consumption anywhere within the racetrack grounds. If
22the department issues more than one permit under this subsection for the same
23racetrack grounds, no part of the premises covered by a permit under this subsection
24may overlap with premises covered by any other permit issued under this subsection.
AB869,11,2
1(c) Persons holding a permit under par. (b) may sell beverages containing less
2than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.
AB869,11,53 (d) Subject to ss. 125.07 (3) (a) 17. and 125.32 (3) (c) and (3m) (k), all provisions
4of this chapter applying to Class “B" licenses apply to Class “B" permits issued under
5this subsection, except as follows:
AB869,11,76 1. A permit issued under this subsection does not authorize retail sales of
7fermented malt beverages for consumption off the racetrack grounds.
AB869,11,108 2. A permit issued under this subsection authorizes the retail sale of fermented
9malt beverages for possession and consumption off the premises where sold if the
10possession and consumption occurs within the racetrack grounds.
AB869,11,1311 (e) A permit issued under this subsection does not authorize retail sales of
12fermented malt beverages at any designated camping area on racetrack grounds
13while the area is in use for camping.
AB869,11,1514 (f) The department shall establish a fee for a permit issued under this
15subsection in the amount of 50 percent of the fee for a permit issued under sub. (1).
AB869,8 16Section 8 . 125.27 (6) of the statutes is created to read:
AB869,11,1917 125.27 (6) Permits for state fair park. (a) In this subsection, “vendor" means
18a person that has entered into a vendor agreement with the state fair park board
19authorizing the person to sell fermented malt beverages at the state fair park.
AB869,11,2520 (b) The department may issue a Class “B" permit to a vendor that holds a valid
21certificate issued under s. 73.03 (50), that is qualified under s. 125.04 (5) and (6), and
22that conducts business at the state fair park if the state fair park board has, by
23resolution, annually applied to the department for the permit. The permit
24authorizes the retail sale of fermented malt beverages on the premises covered by the
25permit, for consumption anywhere at the state fair park.
AB869,12,2
1(c) Except as otherwise provided in this subsection, all sections of this chapter
2relating to Class “B" licenses apply to Class “B" permits issued under this subsection.
AB869,9 3Section 9. 125.32 (3) (c) of the statutes is amended to read:
AB869,12,94 125.32 (3) (c) Hotels and restaurants the principal business of which is the
5furnishing of food and lodging to patrons, bowling centers, movie theaters, painting
6studios, indoor golf and baseball facilities, racetrack grounds, as defined in s. 125.27
7(5) (a),
indoor horseshoe-pitching facilities, curling clubs, golf courses and golf
8clubhouses may remain open for the conduct of their regular business but may not
9sell fermented malt beverages during the hours specified in par. (a).
AB869,10 10Section 10 . 125.32 (3) (e) of the statutes is created to read:
AB869,12,1711 125.32 (3) (e) 1. A brewer holding a permit under s. 125.29 may not sell
12fermented malt beverages at retail under s. 125.29 (3) (e), or under s. 125.29 (3) (g)
13for consumption on the premises, or provide taste samples under s. 125.29 (3) (i),
14during the hours in which a Class “B” licensed premises is required under par. (a) to
15be closed. Brewery premises may remain open for the conduct of other brewery
16operations during these hours, but a brewer's off-site retail outlet may not remain
17open during these hours.
AB869,12,2018 2. A brewer holding a permit under s. 125.29 may not sell fermented malt
19beverages at retail under s. 125.29 (3) (f), or under s. 125.29 (3) (g) for consumption
20off the premises, between 12 midnight and 6 a.m.
AB869,12,2321 3. A municipality may, by ordinance, impose more restrictive hours than those
22provided in subd. 2., but may not impose different hours than those provided in subd.
231.
AB869,11 24Section 11. 125.32 (3m) (k) of the statutes is created to read:
AB869,13,2
1125.32 (3m) (k) Premises for which a Class “B" permit is issued under s. 125.27
2(5).
AB869,12 3Section 12 . 125.51 (3) (bv) of the statutes is created to read:
AB869,13,164 125.51 (3) (bv) 1. Subject to subds. 2. and 3., and notwithstanding ss. 125.04
5(3) (a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization
6specified in par. (a) or (b) and in sub. (1) (a), a “Class B" license issued under sub. (1)
7to a caterer also authorizes the caterer to provide intoxicating liquor, including its
8retail sale, on racetrack grounds, as defined in s. 125.27 (5) (a). Subject to subds. 2.
9and 3., and notwithstanding pars. (a) and (b) and sub. (1) (a) and s. 125.32 (6) (a), a
10caterer may provide intoxicating liquor under this subdivision at any location on
11racetrack grounds even though the racetrack grounds are not part of the caterer's
12licensed premises, as described under par. (d) in the caterer's “Class B" license, and
13even if the racetrack grounds are not located within the municipality that issued the
14caterer's “Class B" license. A caterer that provides intoxicating liquor under this
15subdivision is subject to s. 125.68 (2) and (4) as if the intoxicating liquor were
16provided on the caterer's “Class B" licensed premises.
AB869,13,1817 2. A caterer may not provide intoxicating liquor under subd. 1. at any
18designated camping area on racetrack grounds while the area is in use for camping.
AB869,13,2019 3. A caterer may not provide intoxicating liquor under subd. 1. on any premises
20covered by a permit issued under s. 125.27 (5) or 125.51 (5) (f).
AB869,13 21Section 13 . 125.51 (5) (b) (title) of the statutes is amended to read:
AB869,13,2222 125.51 (5) (b) (title) Public facilities and, airports, and state fair park.
AB869,14 23Section 14 . 125.51 (5) (b) 1. f. of the statutes is created to read:
AB869,14,3
1125.51 (5) (b) 1. f. “Vendor" means a person that has entered into a vendor
2agreement with the state fair park board authorizing the person to sell intoxicating
3liquor at the state fair park.
AB869,15 4Section 15 . 125.51 (5) (b) 2m. of the statutes is created to read:
AB869,14,105 125.51 (5) (b) 2m. The department may issue a “Class B" permit to a vendor that
6holds a valid certificate issued under s. 73.03 (50), that is qualified under s. 125.04
7(5) and (6), and that conducts business at the state fair park if the state fair park
8board has, by resolution, annually applied to the department for the permit. The
9permit authorizes the retail sale of intoxicating liquor on the premises covered by the
10permit, for consumption anywhere at the state fair park.
AB869,16 11Section 16 . 125.51 (5) (b) 4. of the statutes is amended to read:
AB869,14,1312 125.51 (5) (b) 4. The department may not issue a permit under this paragraph
13subd. 2. to any county or municipality or officer or employee thereof.
AB869,17 14Section 17 . 125.51 (5) (e) of the statutes is amended to read:
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