LRB-1079/1
ARG:wlj:jf
2009 - 2010 LEGISLATURE
January 27, 2009 - Introduced by Representative Sherman. Referred to Committee
on Urban and Local Affairs.
AB8,1,2
1An Act to amend 125.51 (3) (e) 3.; and
to create 125.51 (4) (v) 4. of the statutes;
2relating to: municipal quotas for retail intoxicating liquor licenses.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from selling alcohol beverages at retail unless
the seller possesses a license or permit authorizing the sale. A "Class B" license
authorizes the retail sale of intoxicating liquor for consumption on the retail
premises and, subject to various restrictions, the retail sale of intoxicating liquor in
original packages for consumption off the retail premises. Current law imposes a
quota on the number of "Class B" licenses that a municipality may issue. This quota
is generally determined by a formula based on the number of licenses previously
issued by the municipality and the municipality's population. Current law provides
a quota exception for a full-service restaurant that has a seating capacity of 300 or
more persons.
Under current law, each municipality establishes an annual fee, which
generally must be between $50 and $500, for a "Class B" license, except that the fee
for initial issuance of a reserve "Class B" license (generally one first issued after
December 1, 1997) may not be less than $10,000. Current law does not specify a
minimum or maximum initial issuance fee or annual fee for "Class B" licenses issued
under any quota exception.
This bill creates a quota exception for any full-service restaurant that has a
seating capacity of 75 to 100 persons and that is located on a golf course. A
municipality may not establish an initial issuance fee or an annual fee for a "Class
B" license issued under this exception that exceeds $500.
For further information see the 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:
AB8, s. 1
1Section
1. 125.51 (3) (e) 3. of the statutes is amended to read:
AB8,2,62
125.51
(3) (e) 3. Each municipal governing body shall establish the annual fee
3for a "Class B" license issued under sub. (4) (v)
, except that neither the fee for an
4initial issuance of, nor the annual fee for, a "Class B" license issued under sub. (4) (v)
54. may exceed any fee established under subd. 1. The initial fee may be different from
6the annual fee to renew the license.
AB8, s. 2
7Section
2. 125.51 (4) (v) 4. of the statutes is created to read:
AB8,2,98
125.51
(4) (v) 4. A full-service restaurant that has a seating capacity of 75 to
9100 persons and that is located on a golf course.
