September 12, 2019 - Introduced by Representatives Vorpagel and Katsma,
cosponsored by Senator LeMahieu. Referred to Committee on State Affairs.
AB434,1,7
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.
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. 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.
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.
Current law allows a brewer holding a brewer's permit to sell at retail, without
a retail license, beer for consumption on or off the brewery premises or the brewer's
off-site retail outlet. If the brewer held an intoxicating liquor license on June 1, 2011,
the brewer may also sell at retail, without a retail license, intoxicating liquor for
consumption on the brewery premises or the brewer's off-site retail outlet. Current
law does not specify permissible hours of sale for these retail sales by a brewer.
Also under current law, with limited exceptions, Class “B" or “Class B” licensed
premises must be closed between the hours of 2 a.m. and 6 a.m. on weekdays and
between the hours of 2:30 a.m. and 6 a.m. on weekends. A municipal ordinance may
not impose different closing hours. However, a Class “B” licensed premises may not
sell beer for off-premises consumption between the hours of midnight and 6 a.m. and
a municipality may impose more restrictive hours.
This bill prohibits a brewer from making retail sales of beer and intoxicating
liquor during hours in which a Class “B” or “Class B” licensed premises must be
closed. As with a Class “B” or “Class B” licensee, a municipality may not impose more
restrictive hours for retail sales for on-premises consumption but may impose more
restrictive hours for retail sales for off-premises consumption.
For further information see the state and local 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:
AB434,1
1Section
1. 125.07 (3) (a) 17. of the statutes is created to read:
AB434,3,32
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).
AB434,2
4Section 2
. 125.12 (5) of the statutes is renumbered 125.12 (5) (a) and amended
5to read:
AB434,3,116
125.12
(5) (a) The department may, after notice and an opportunity for hearing,
7revoke, suspend
, or refuse to renew any retail permit issued by it for the causes
8provided in sub. (4) and any other permit issued by it under this chapter for any
9violation of this chapter or ch. 139, except that, for
a violation of sub. (4) (ag) 6. with
10respect to a license issued under s. 125.51 (4) (v) or a violation of s. 125.535 or
11139.035, the department shall revoke the
license or permit.
AB434,3,13
12(c) A revocation, suspension
, or refusal to renew
a permit under par. (a) or (b) 13is a contested case under ch. 227.
AB434,3
14Section 3
. 125.12 (5) (b) of the statutes is created to read:
AB434,4,215
125.12
(5) (b) The department may, after notice and an opportunity for hearing,
16revoke any permit issued under s. 125.27 (5) or 125.51 (5) (f) to a person designated
17by the owner or operator of racetrack grounds as provided in s. 125.27 (5) (b) or 125.51
1(5) (f) 2. if the person's designation has terminated or the owner or operator of the
2racetrack grounds has otherwise rescinded the person's designation.
AB434,4
3Section 4
. 125.26 (2v) of the statutes is created to read:
AB434,4,164
125.26
(2v) (a) Subject to pars. (b) and (c), and notwithstanding ss. 125.04 (3)
5(a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization specified
6in sub. (1), a Class “B" license issued under this section to a caterer also authorizes
7the caterer to provide fermented malt beverages, including their retail sale, on
8racetrack grounds, as defined in s. 125.27 (5) (a). Subject to pars. (b) and (c), and
9notwithstanding sub. (1) and s. 125.32 (6) (a), a caterer may provide fermented malt
10beverages under this paragraph at any location on racetrack grounds even though
11the racetrack grounds are not part of the caterer's licensed premises, as described
12under sub. (3) in the caterer's Class “B" license, and even if the racetracks grounds
13are not located within the municipality that issued the caterer's Class “B" license.
14A caterer that provides fermented malt beverages under this paragraph is subject
15to s. 125.32 (2) and (3) as if the fermented malt beverages were provided on the
16caterer's Class “B" licensed premises.
AB434,4,1817
(b) A caterer may not provide fermented malt beverages under par. (a) at any
18designated camping area on racetrack grounds while the area is in use for camping.
AB434,4,2019
(c) A caterer may not provide fermented malt beverages under par. (a) on any
20premises covered by a permit issued under s. 125.27 (5) or 125.51 (5) (f).