2021 - 2022 LEGISLATURE
2021 Assembly BILL 231
April 2, 2021 - Introduced by Representatives Vorpagel and Katsma, cosponsored
by Senator LeMahieu. Referred to Committee on State Affairs.
AB231,1,6 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 (3m) (k), 125.51 (3) (bv) and 125.51 (5) (f) of the statutes; relating to:
4the issuance by the Department of Revenue of retail alcohol beverage permits
5for motor vehicle racetrack grounds and authorizing caterers to make retail
6sales of alcohol beverages on racetrack grounds.
Analysis by the Legislative Reference Bureau
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.
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.
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.
For further information see the state 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:
AB231,1 1Section 1. 125.07 (3) (a) 17. of the statutes is created to read:
AB231,2,32 125.07 (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).
AB231,2 4Section 2 . 125.12 (5) of the statutes is renumbered 125.12 (5) (a) and amended
5to read:
AB231,3,6
1125.12 (5) (a) The department may, after notice and an opportunity for hearing,
2revoke, suspend, or refuse to renew any retail permit issued by it for the causes
3provided in sub. (4) and any other permit issued by it under this chapter for any
4violation of this chapter or ch. 139, except that, for a violation of sub. (4) (ag) 6. with
5respect to a license issued under s. 125.51 (4) (v) or
a violation of s. 125.535 or
6139.035, the department shall revoke the license or permit.
AB231,3,8 7(c) A revocation, suspension, or refusal to renew a permit under par. (a) or (b)
8is a contested case under ch. 227.
AB231,3 9Section 3 . 125.12 (5) (b) of the statutes is created to read:
AB231,3,1410 125.12 (5) (b) The department may, after notice and an opportunity for hearing,
11revoke any permit issued under s. 125.27 (5) or 125.51 (5) (f) to a person designated
12by the owner or operator of racetrack grounds as provided in s. 125.27 (5) (b) or 125.51
13(5) (f) 2. if the person's designation has terminated or the owner or operator of the
14racetrack grounds has otherwise rescinded the person's designation.
AB231,4 15Section 4 . 125.26 (2v) of the statutes is created to read: