LRB-2235/1
ARG:sac:ph
2013 - 2014 LEGISLATURE
August 16, 2013 - Introduced by Senators Moulton, Harsdorf, Grothman, L.
Taylor
, Shilling, Hansen, Vinehout, Tiffany, Schultz and Olsen,
cosponsored by Representatives T. Larson, Ohnstad, Strachota, Thiesfeldt,
A. Ott, Danou, Krug, Ballweg, Brooks, Hesselbein, Vruwink, Bernier,
Tranel, Nass, Ripp and Murtha. Referred to Committee on Agriculture, Small
Business, and Tourism.
SB250,1,3 1An Act to amend 125.26 (6), 125.32 (2), 125.51 (10) and 125.68 (2) of the statutes;
2relating to: temporary alcohol beverage retail licenses issued to fair
3associations.
Analysis by the Legislative Reference Bureau
Current law authorizes municipalities to issue temporary Class "B" and "Class
B" licenses to certain clubs, fair associations, agricultural societies, churches,
veterans organizations, lodges, and societies that authorize the retail sale of,
respectively, fermented malt beverages (beer) and wine at fairs, meetings, picnics,
and similar gatherings hosted by these organizations.
Current law also imposes certain requirements for the supervision of retail
licensed premises. Current law does not require a person to hold an operator's
license (commonly referred to as a "bartender's license") to provide alcohol beverages
on retail licensed premises. However, 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 creates an exception to this supervision requirement when a
municipality issues a temporary Class "B" or "Class B" license to a fair association

solely for the purpose of conducting beer or wine judging or tasting events involving
servings of beer or wine no greater than one fluid ounce each.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB250,1 1Section 1. 125.26 (6) of the statutes is amended to read:
SB250,3,32 125.26 (6) Temporary Class "B" licenses may be issued to bona fide clubs, to
3county or local fair associations or agricultural societies, to churches, lodges or
4societies that have been in existence for at least 6 months before the date of
5application and to posts of veterans organizations authorizing the sale of fermented
6malt beverages at a particular picnic or similar gathering, at a meeting of the post,
7or during a fair conducted by the fair association or agricultural society. The amount
8of the fee for the license shall be determined by the municipal governing body issuing
9the license but may not exceed $10. An official or body authorized by a municipal
10governing body to issue temporary Class "B" licenses may, upon issuance of any
11temporary Class "B" license, authorize the licensee to permit underage persons to be
12on the premises for which the license is issued. A license issued to a county or district
13fair licenses the entire fairgrounds where the fair is being conducted and all persons
14engaging in retail sales of fermented malt beverages from leased stands on the
15fairgrounds. The county or district fair to which the license is issued may lease
16stands on the fairgrounds to persons who may engage in retail sales of fermented
17malt beverages from the stands while the fair is being held. A municipal governing
18body may issue a temporary Class "B" license for premises that are covered by a
19"Class B" permit issued under s. 125.51 (5) (b) 2. if the applicant meets the
20requirements of this subsection. If a license is issued under this subsection to a fair
21association solely for the purpose of conducting on the licensed premises fermented

1malt beverages judging or tasting events involving servings of fermented malt
2beverages no greater than one fluid ounce each, s. 125.32 (2) does not apply to these
3licensed premises.
SB250,2 4Section 2. 125.32 (2) of the statutes is amended to read:
SB250,3,215 125.32 (2) Operators licenses Class "A" or Class "B" premises. Except as
6provided under sub. (3) (b) and s. ss. 125.07 (3) (a) 10. and 125.26 (6), no premises
7operated under a Class "A" or Class "B" license or permit may be open for business
8unless there is upon the premises the licensee or permittee, the agent named in the
9license or permit if the licensee or permittee is a corporation or limited liability
10company, or some person who has an operator's license and who is responsible for the
11acts of all persons serving any fermented malt beverages to customers. An operator's
12license issued in respect to a vessel under s. 125.27 (2) is valid outside the
13municipality that issues it. For the purpose of this subsection, any person holding
14a manager's license under s. 125.18 or any member of the licensee's or permittee's
15immediate family who has attained the age of 18 shall be considered the holder of an
16operator's license. No person, including a member of the licensee's or permittee's
17immediate family, other than the licensee, permittee or agent may serve fermented
18malt beverages in any place operated under a Class "A" or Class "B" license or permit
19unless he or she has an operator's license or is at least 18 years of age and is under
20the immediate supervision of the licensee, permittee, agent or a person holding an
21operator's license, who is on the premises at the time of the service.
SB250,3 22Section 3. 125.51 (10) of the statutes is amended to read:
SB250,4,2123 125.51 (10) Temporary licenses. Notwithstanding s. 125.68 (3), temporary
24"Class B" licenses may be issued to bona fide clubs, to county or local fair associations
25or agricultural societies, to churches, lodges or societies that have been in existence

1for at least 6 months before the date of application and to posts of veterans'
2organizations authorizing the sale of wine in an original package, container or bottle
3or by the glass if the wine is dispensed directly from an original package, container
4or bottle at a particular picnic or similar gathering, at a meeting of the post, or during
5a fair conducted by the fair association or agricultural society. The amount of the fee
6for the license shall be $10, except that no fee may be charged to a person who at the
7same time applies for a temporary Class "B" license under s. 125.26 (6) for the same
8event. A license issued to a county or district fair licenses the entire fairgrounds
9where the fair is being conducted and all persons engaging in retail sales of wine from
10leased stands on the fairgrounds. The county or district fair to which the license is
11issued may lease stands on the fairgrounds to persons who may engage in retail sales
12of wine from the stands while the fair is being held. If a county or district fair leases
13any stand to a winery holding a permit under s. 125.53, in addition to making retail
14sales of wine from the leased stand, the winery may provide taste samples anywhere
15on the fairgrounds of wine manufactured by the winery. If a license is issued under
16this subsection to a fair association solely for the purpose of conducting on the
17licensed premises wine judging or tasting events involving servings of wine no
18greater than one fluid ounce each, s. 125.68 (2) does not apply to these licensed
19premises.
Not more than 2 licenses may be issued under this subsection to any club,
20county or local fair association, agricultural association, church, lodge, society or
21veterans post in any 12-month period.
SB250,4 22Section 4. 125.68 (2) of the statutes is amended to read:
SB250,5,1823 125.68 (2) Operators' licenses; "Class A," "Class B," "Class C," and other
24premises.
Except as provided under s. ss. 125.07 (3) (a) 10. and 125.51 (10), no
25premises operated under a "Class A" or "Class C" license or under a "Class B" license

1or permit may be open for business, and no person who holds a manufacturer's or
2rectifier's permit may allow the sale or provision of taste samples of intoxicating
3liquor on the manufacturing or rectifying premises as provided in s. 125.52 (1) (b) 2.,
4unless there is upon the premises either the licensee or permittee, the agent named
5in the license or permit if the licensee or permittee is a corporation or limited liability
6company, or some person who has an operator's license and who is responsible for the
7acts of all persons selling or serving any intoxicating liquor to customers. An
8operator's license issued in respect to a vessel under s. 125.51 (5) (c) is valid outside
9the municipality that issues it. For the purpose of this subsection, any person
10holding a manager's license issued under s. 125.18 or any member of the licensee's
11or permittee's immediate family who has attained the age of 18 shall be considered
12the holder of an operator's license. No person, including a member of the licensee's
13or permittee's immediate family, other than the licensee, permittee or agent may
14serve or sell alcohol beverages in any place operated under a "Class A" or "Class C"
15license or under a "Class B" license or permit unless he or she has an operator's
16license or is at least 18 years of age and is under the immediate supervision of the
17licensee, permittee or agent or a person holding an operator's license, who is on the
18premises at the time of the service.
SB250,5 19Section 5. Initial applicability.
SB250,5,2120 (1) This act first applies to licenses issued on the effective date of this
21subsection.
SB250,5,2222 (End)
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