AB869: Bill Text Engrossed

AB869-engrossed,5,23 (c) A caterer may not provide fermented malt beverages under par. (a) on any premises covered by a permit issued under s. 125.27 (5) or 125.51 (5) (f).

AB869-engrossed,7 Section 7 . 125.27 (5) of the statutes is created to read:

AB869-engrossed,6,6 125.27 (5) Permits for racetrack grounds. (a) In this subsection, “racetrack grounds" means real property consisting of at least 300 acres containing a motor vehicle racetrack at least 4 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.

AB869-engrossed,6,16 (b) The department may issue Class “B" permits for locations within racetrack grounds to any person that holds a valid certificate issued under s. 73.03 (50), that is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the racetrack grounds or is designated by the owner or operator of the racetrack grounds to operate premises located within the racetrack grounds. Subject to par. (e), the permit authorizes the retail sale of fermented malt beverages on the premises covered by the permit, for consumption anywhere within the racetrack grounds. If the department issues more than one permit under this subsection for the same racetrack grounds, no part of the premises covered by a permit under this subsection may overlap with premises covered by any other permit issued under this subsection.

AB869-engrossed,6,18 (c) Persons holding a permit under par. (b) may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.

AB869-engrossed,6,21 (d) Subject to ss. 125.07 (3) (a) 17. and 125.32 (3) (c) and (3m) (k), all provisions of this chapter applying to Class “B" licenses apply to Class “B" permits issued under this subsection, except as follows:

AB869-engrossed,6,23 1. A permit issued under this subsection does not authorize retail sales of fermented malt beverages for consumption off the racetrack grounds.

AB869-engrossed,7,3 2. A permit issued under this subsection authorizes the retail sale of fermented malt beverages for possession and consumption off the premises where sold if the possession and consumption occurs within the racetrack grounds.

AB869-engrossed,7,6 (e) A permit issued under this subsection does not authorize retail sales of fermented malt beverages at any designated camping area on racetrack grounds while the area is in use for camping.

AB869-engrossed,7,8 (f) The department shall establish a fee for a permit issued under this subsection in the amount of 50 percent of the fee for a permit issued under sub. (1).

AB869-engrossed,8g Section 8g. 125.29 (3) (j) of the statutes is amended to read:

AB869-engrossed,7,14 125.29 (3) (j) The ownership, maintenance, or operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state. A brewer may not make retail sales of fermented malt beverages at the state fair park unless the state fair park board has, by resolution, approved the brewer to make such sales.

AB869-engrossed,8m Section 8m. 125.295 (1) (i) of the statutes is amended to read:

AB869-engrossed,7,21 125.295 (1) (i) Notwithstanding s. 125.33 (1), the ownership, maintenance, and operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state if the fermented malt beverages have been manufactured by the brewpub. A brewpub may not make retail sales of fermented malt beverages at the state fair park unless the state fair park board has, by resolution, approved the brewpub to make such sales.

AB869-engrossed,9 Section 9 . 125.32 (3) (c) of the statutes is amended to read:

AB869-engrossed,8,3 125.32 (3) (c) Hotels and restaurants the principal business of which is the furnishing of food and lodging to patrons, bowling centers, movie theaters, painting studios, indoor golf and baseball facilities, racetrack grounds, as defined in s. 125.27 (5) (a), indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell fermented malt beverages during the hours specified in par. (a).

AB869-engrossed,11 Section 11 . 125.32 (3m) (k) of the statutes is created to read:

AB869-engrossed,8,6 125.32 (3m) (k) Premises for which a Class “B" permit is issued under s. 125.27 (5).

AB869-engrossed,12 Section 12 . 125.51 (3) (bv) of the statutes is created to read:

AB869-engrossed,8,20 125.51 (3) (bv) 1. Subject to subds. 2. and 3., and notwithstanding ss. 125.04 (3) (a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization specified in par. (a) or (b) and in sub. (1) (a), a “Class B" license issued under sub. (1) to a caterer also authorizes the caterer to provide intoxicating liquor, including its retail sale, on racetrack grounds, as defined in s. 125.27 (5) (a). Subject to subds. 2. and 3., and notwithstanding pars. (a) and (b) and sub. (1) (a) and s. 125.32 (6) (a), a caterer may provide intoxicating liquor under this subdivision at any location on racetrack grounds even though the racetrack grounds are not part of the caterer's licensed premises, as described under par. (d) in the caterer's “Class B" license, and even if the racetrack grounds are not located within the municipality that issued the caterer's “Class B" license. A caterer that provides intoxicating liquor under this subdivision is subject to s. 125.68 (2) and (4) as if the intoxicating liquor were provided on the caterer's “Class B" licensed premises.

AB869-engrossed,8,22 2. A caterer may not provide intoxicating liquor under subd. 1. at any designated camping area on racetrack grounds while the area is in use for camping.

AB869-engrossed,8,24 3. A caterer may not provide intoxicating liquor under subd. 1. on any premises covered by a permit issued under s. 125.27 (5) or 125.51 (5) (f).

AB869-engrossed,18 Section 18 . 125.51 (5) (f) of the statutes is created to read:

AB869-engrossed,9,2 125.51 (5) (f) Permits for racetrack grounds. 1. In this paragraph, “racetrack grounds" has the meaning given in s. 125.27 (5) (a).

AB869-engrossed,9,13 2. The department may issue “Class B" permits for locations within racetrack grounds to any person that holds a valid certificate issued under s. 73.03 (50), that is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the racetrack grounds or is designated by the owner or operator of the racetrack grounds to operate premises located within the racetrack grounds. Subject to subd. 4., the permit authorizes the retail sale of intoxicating liquor, by the glass and not in the original package or container, on the premises covered by the permit, for consumption anywhere within the racetrack grounds. If the department issues more than one permit under this paragraph for the same racetrack grounds, no part of the premises covered by a permit under this paragraph may overlap with premises covered by any other permit issued under this paragraph.

AB869-engrossed,9,16 3. Subject to ss. 125.07 (3) (a) 17. and 125.68 (4) (c) 4., all provisions of this chapter applying to “Class B" licenses apply to “Class B" permits issued under this paragraph, except as follows:

AB869-engrossed,9,18 a. A permit issued under this paragraph does not authorize retail sales of intoxicating liquor for consumption off the racetrack grounds.

AB869-engrossed,9,21 b. A permit issued under this paragraph authorizes the retail sale of intoxicating liquor for possession and consumption off the premises where sold if the possession and consumption occurs within the racetrack grounds.

AB869-engrossed,9,24 4. A permit issued under this paragraph does not authorize retail sales of intoxicating liquor at any designated camping area on racetrack grounds while the area is in use for camping.

AB869-engrossed,10,2 5. The department shall establish a fee for a permit issued under this paragraph in the amount of 50 percent of the fee for a permit issued under par. (a).

AB869-engrossed,20 Section 20 . 125.68 (4) (c) 4. of the statutes is amended to read:

AB869-engrossed,10,10 125.68 (4) (c) 4. Hotels and restaurants the principal business of which is the furnishing of food, drinks or lodging to patrons, bowling centers, movie theaters, painting studios, racetrack grounds, as defined in s. 125.27 (5) (a), indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell intoxicating liquor during the closing hours under subd. 1. or, with respect to the sale of intoxicating liquor authorized under s. 125.51 (3r) (a), under subd. 3.

AB869-engrossed,21m Section 21m. 346.657 (1) of the statutes is amended to read:

AB869-engrossed,10,16 346.657 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a safe ride program surcharge under ch. 814 in an amount of $50 $75 in addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.

AB869-engrossed,22 Section 22 . Nonstatutory provisions.

AB869-engrossed,10,19 (1) Closing hours exception for certain alcohol beverage retailers during the Democratic National Convention in Milwaukee.

AB869-engrossed,10,20 (a) In this subsection:

AB869-engrossed,10,21 2. “Municipality” has the meaning given in s. 125.02 (11).

AB869-engrossed,10,25 3. “Southeast Wisconsin municipality” means a municipality any part of which is located within Kenosha, Racine, Walworth, Rock, Milwaukee, Waukesha, Jefferson, Dane, Ozaukee, Washington, Dodge, Columbia, Sheboygan, or Fond du Lac County.

AB869-engrossed,11,6 (b) 1. Notwithstanding s. 125.32 (3) (a), from July 13 to July 17, 2020, the closing hours for premises operating under a Class “B” license issued by a southeast Wisconsin municipality shall be between 4 a.m. and 6 a.m. if the municipality that issued the license has adopted a resolution allowing extended closing hours within the municipality and has authorized this extended closing hour as provided in subd. 2.

AB869-engrossed,11,10 2. If a southeast Wisconsin municipality has adopted a resolution under subd. 1., the municipality shall establish a process to authorize, and may upon application so authorize, the extended closing hour under subd. 1 . for any Class “B” licensed premises within the municipality.

AB869-engrossed,11,16 (c) 1. Notwithstanding s. 125.68 (4) (c) 1. and 3m., from July 13 to July 17, 2020, the closing hours for premises operating under a “Class B” or “Class C” license issued by a southeast Wisconsin municipality shall be between 4 a.m. and 6 a.m. if the municipality that issued the license has adopted a resolution allowing extended closing hours within the municipality and has authorized this extended closing hour as provided in subd. 2.

AB869-engrossed,11,20 2. If a southeast Wisconsin municipality has adopted a resolution under subd. 1., the municipality shall establish a process to authorize, and may upon application so authorize, the extended closing hour under subd. 1 . for any “Class B” or “Class C” licensed premises within the municipality.

AB869-engrossed,23 Section 23 . Effective dates. This act takes effect on the first day of the 3rd month beginning publication, except as follows:

AB869-engrossed,11,24 (3) The treatment of s. 125.06 (14) and Section 22 of this act take effect on the day after publication.

AB869-engrossed,11,25 (End)