SB395,1,7 1An Act to renumber and amend 125.12 (5); to amend 125.32 (3) (c) and 125.68
2(4) (c) 4.; and to create 125.07 (3) (a) 17., 125.12 (5) (b), 125.26 (2v), 125.27 (5),
3125.32 (3) (e), 125.32 (3m) (k), 125.51 (3) (bv), 125.51 (5) (f) and 125.68 (4) (d)
4of the statutes; relating to: the issuance by the Department of Revenue of
5retail alcohol beverage permits for motor vehicle racetrack grounds,
6authorizing caterers to make retail sales of alcohol beverages on racetrack
7grounds, and hours for retail sales by brewers.

This bill authorizes the Department of Revenue to issue retail alcohol beverage
permits for motor vehicle racetrack grounds. This bill also authorizes caterers to
make retail sales of alcohol beverages on racetrack grounds. The bill further
establishes hours during which brewers may not make retail sales of alcohol
beverages.

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
fermented malt beverages (beer), and retail “Class B” licenses authorizing the sale
of intoxicating liquor, which includes wine and distilled spirits, 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 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.

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.