2019 - 2020 LEGISLATURE
February 27, 2020 - Printed by direction of Senate Chief Clerk.
AB869-engrossed,1,9
1An Act to renumber and amend 125.12 (5);
to amend 125.29 (3) (j), 125.295
2(1) (i), 125.32 (3) (c), 125.68 (4) (c) 4. and 346.657 (1); and
to create 125.06 (14),
3125.07 (3) (a) 17., 125.12 (5) (b), 125.26 (2v), 125.27 (5), 125.32 (3m) (k), 125.51
4(3) (bv) and 125.51 (5) (f) of the statutes;
relating to: the issuance by the
5Department of Revenue of retail alcohol beverage permits for motor vehicle
6racetrack grounds; authorizing caterers to make retail sales of alcohol
7beverages on racetrack grounds; sales of alcohol beverages at the state fair
8park; closing hours for certain alcohol beverage retailers; and the safe ride
9program surcharge.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2019 Assembly Bill 869, as passed by the assembly on
February 20, 2020, consists of the following documents adopted in the assembly on
February 20, 2020: the bill as affected by Assembly Amendments 1 and 3. The text
also includes the February 28, 2020, chief clerk's corrections to Assembly
Amendments 1 and 3.
Content of Engrossed 2019 Assembly Bill 869:
This bill authorizes the Department of Revenue to issue retail alcohol beverage
permits for motor vehicle racetrack grounds and authorizes caterers to make retail
sales of alcohol beverages on racetrack grounds. The bill creates a licensing
exception allowing retail sales of alcohol beverages at the state fair park and creates
an exception allowing southeast Wisconsin municipalities to authorize extended
closing hours for certain alcohol beverage retailers during the time that the 2020
Democratic National Convention is held in Milwaukee. The bill also increases the
amount of the safe ride program surcharge.
New retail permit issued by DOR
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 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.
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.
Retail license exception for state fair park
The bill creates a licensing exception under which a person who meets certain
qualifications and is approved by the State Fair Park Board may, without a retail
license or permit, make retail sales of alcohol beverages at the state fair park for
consumption at the state fair park. The same approval is required for a brewer or
brewpub that makes retail sales at the state fair park.
Closing hours for certain retailers
Under current law, 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 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 operating in 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
(southeast Wisconsin municipality). Under the bill, from July 13 to July 17, 2020,
the closing hour for a Class “B,” “Class B,” or “Class C” licensed premises in a
southeast Wisconsin municipality is 4 a.m. if the municipality issuing the license has
adopted a resolution allowing extended closing hours and, upon application by a
licensee, has authorized the extended closing hour for that licensee. This bill does
not affect the hours during which a Class “B” or “Class B” licensee may make sales
for off-premises consumption.
Safe ride program surcharge
Current law imposes a safe ride program surcharge of $50 upon a person
convicted of operating a vehicle while under the influence of an intoxicant, with a
detectable amount of a restricted controlled substance in one's blood, or with a
prohibited alcohol concentration. This bill increases the amount of the safe ride
program surcharge to $75.