SB203: Bill Text

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2019 - 2020 LEGISLATURE

2019 Senate BILL 203

May 8, 2019 - Introduced by Senators Kapenga, Kooyenga, Nass, Stroebel and Wanggaard, cosponsored by Representatives Knodl, Ballweg, Duchow, Kitchens, Kurtz, Mursau, Plumer, Rohrkaste, Sanfelippo, Schraa, Skowronski, Spiros, Steffen, Subeck, Tittl and Zimmerman. Referred to Committee on Public Benefits, Licensing and State-Federal Relations.

SB203,1,3 An Act to amend 125.17 (1), 125.17 (4) (intro.), 125.17 (5) (b), 125.17 (6) (a) (intro.) and 125.17 (6) (b) of the statutes; relating to: issuance by municipalities of alcohol beverage operator's licenses.

Analysis by the Legislative Reference Bureau

This bill allows a municipal governing body to delegate authority to issue operator's licenses (commonly referred to as “bartender's licenses") to a designated municipal official.

Under current law, a municipal governing body must issue an operator's license to a qualified applicant. Although a person is not required to hold an operator's license to provide alcohol beverages on retail licensed premises, a retail licensee may not be open for business unless the licensee, the designated agent of a corporate licensee, or a person who possesses an operator's license or manager's license is present and responsible for the acts of all persons providing alcohol beverages on the premises.

This bill allows the governing body of a municipality, by ordinance, to authorize a designated municipal official to issue operator's licenses.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB203,1 Section 1. 125.17 (1) of the statutes is amended to read:

SB203,2,6 125.17 (1) Authorization. Every municipal governing body shall issue an operator's license to any applicant who is qualified under s. 125.04 (5), except that the municipal governing body may by ordinance authorize a designated municipal official to issue operator's licenses. Operators' licenses may not be required other than for the purpose of complying with ss. 125.32 (2) and 125.68 (2) or s. 125.06 (3g). Operators' licenses may be issued only upon written application.

SB203,2 Section 2. 125.17 (4) (intro.) of the statutes is amended to read:

SB203,2,10 125.17 (4) Temporary license. (intro.) Any municipal governing body or designated municipal official may issue a temporary operator's license under the terms of subs. (1) to (3), except that:

SB203,3 Section 3. 125.17 (5) (b) of the statutes is amended to read:

SB203,2,15 125.17 (5) (b) A provisional license may be issued only to a person who has applied for an operator's license under sub. (1). A provisional license may not be issued to any person who has been denied a license under sub. (1) by the municipal governing body or designated municipal official.

SB203,4 Section 4. 125.17 (6) (a) (intro.) of the statutes is amended to read:

SB203,2,25 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body or designated municipal official may issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course, which may include computer-based training and testing, that is approved by the department or the department of safety and professional services, or unless the applicant fulfills one of the following requirements:

SB203,5 Section 5. 125.17 (6) (b) of the statutes is amended to read:

SB203,3,6 125.17 (6) (b) A municipal governing body or designated municipal official shall issue a provisional operator's license to a person who is enrolled in a training course under par. (a) and who meets the standards established by the municipality by ordinance, if any. The municipal governing body shall revoke that license if the applicant fails successfully to complete the course in which he or she enrolls.

SB203,3,7 (End)