Wisconsin 2019-2020 Regular Session Status: Passed Assembly Bipartisan · 2 R · 2 D cosponsors

AB 869 — Relating to: creating a private event venue permit issued by the Department of Revenue; the issuance by the Department of Revenue of retail alcohol beverage permits for motor vehicle racetrack grounds and for the state fair park; authorizing caterers to make retail sales of alcohol beverages on racetrack grounds; closing hours for certain alcohol beverage retailers and wineries and hours for retail sales by brewers; and providing a penalty. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

296 added · 517 removed

Plain-language change summary

The recent amendments to Assembly Bill 869 streamline the process for issuing retail alcohol beverage permits specifically for motor vehicle racetrack grounds. Key changes include simplifying language around sales regulations and removing certain provisions related to penalties and additional conditions. This is important because it makes the bill easier to understand and implement, potentially allowing racetracks to operate more freely and effectively in selling alcohol. Overall, these changes could enhance the experience for visitors at racetracks and state fair events.

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- 2020 LEGISLATURE LRB-5495/2 ARG:all ASSEMBLY BILL 869 February 10, 2020 - Introduced by Representatives S WEARINGEN , KUGLITSCH, V ORPAGEL, SCHRAA, LOUDENBECK , UMMERFIELD , FIELDS, AYWOOD and SINICK.
- 2020 LEGISLATURE LRB-5781/1 ARG:kjf ENGROSSED 2019 ASSEMBLY BILL 869 February 27, 2020 - Printed by direction ENATE CHIEF CLERK.
Referred to Committee on State Affairs.
to amend 125.27 (4), 125.32 (3) (c), 125.51 (5) (b) (title), 125.51 (5) (b) 4., 125.51 (5) (e), 125.68 (4) (c) 3m.
to amend 125.29 (3) (j), 125.295 (1) (i), 125.32 (3) (c), 125.68 (4) (c) 4.
and 125.68 (4) (c) 4.;
and 346.657 (1);
and to create 125.07 (3) (a) 17., 125.12 (5) (b), 125.20, 125.26 (2v), 125.27 (5), 125.27 (6), 125.32 (3) (e), 125.32 (3m) (k), 125.51 (3) (bv), 125.51 (5) (b) 1.
and to create 125.06 (14), 125.07 (3) (a) 17., 125.12 (5) (b), 125.26 (2v), 125.27 (5), 125.32 (3m) (k), 125.51 (3) (bv) and 125.51 (5) (f) of the statutes;
f., 125.51 (5) (b) 2m., 125.51 (5) (f) and 125.68 (4) (d) of the statutes;
creating a private event venue permit issued by the Department of Revenue;
the issuance by the Department of Revenue of retail alcohol beverage permits for motor vehicle racetrack grounds;
the issuance by the Department of Revenue of retail alcohol beverage permits for motor vehicle racetrack grounds and for the state fair park;
closing hours for certain alcohol beverage retailers and wineries and hours for retail sales by brewers;
sales of alcohol beverages at the state fair park;
and providing a penalty.
closing hours for certain alcohol beverage retailers;
Analysis by the Legislative Reference Bureau This bill creates a private event venue permit issued by the Department of Revenue and generally prohibits the rental or lease of property for private events at which fermented malt beverages (beer) or intoxicating liquor, which includes wine and distilled spirits, is consumed without this permit.
and the safe ride program surcharge.
This bill also authorizes DOR - 2020 Legislature - 2 - LRB-5495/2 ARG:all ASSEMBLY BILL 869 to issue retail alcohol beverage permits for motor vehicle racetrack grounds and for the state fair park.
Analysis by the Legislative Reference Bureau Engrossment information:
This bill authorizes caterers to make retail sales of alcohol beverages on racetrack grounds.
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 further establishes hours during which brewers may not make retail sales of alcohol beverages and makes changes relating to the retail sales hours of wineries.
the bill as affected by Assembly Amendments 1 and 3.
This bill also creates an exception allowing municipalities to authorize extended closing hours for alcohol beverage retailers, wineries, and brewers during the time that the 2020 Democratic National Convention is held in Milwaukee.
The text also includes the February 28, 2020, chief clerk's corrections to Assembly Amendments 1 and 3.
Private event venue permits Under this bill, DOR may issue to property owners private event venue permits that authorize the permittee to rent or lease property for use as a venue for a private event at which beer or intoxicating liquor is consumed.
- 2020 Legislature - 2 - LRB-5781/1 ARG:kjf ENGROSSED ASSEMBLY BILL 869 Content of Engrossed 2019 Assembly Bill 869:
A permit does not authorize the sale of any alcohol beverages, but the host of the event may possess and consume, and allow the possession and consumption by others, on the premises, of beer and intoxicating liquor purchased from a retailer rather than a wholesaler.
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.
Upon the conclusion of the event, the host may remove from the premises any remaining beer and intoxicating liquor that is in an unopened, original container.
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 premises covered by the permit may not remain open during hours in which Class “B” and “Class B” retail licensed premises must be closed.
The bill also increases the amount of the safe ride program surcharge.
Requirements applicable to Class “B" and “Class B” retail licensees and licensed premises otherwise apply to private event venue permittees and premises covered by these permits, including the requirements that operations on the premises are supervised by a licensed bartender and that unaccompanied underage persons not be allowed on the premises.
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.
An applicant for a private event venue permit must provide proof of liability insurance and a permit may not be issued for property covered by another alcohol beverages license or permit.
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.
With exceptions, the bill prohibits a person from renting or leasing property to another for use as a venue for a private event at which beer or intoxicating liquor is consumed unless the person holds a private event venue permit and consumption of the beer or intoxicating liquor occurs on the premises covered by this permit.
The bill provides exceptions to this prohibition for certain types of property, including property covered by an alcohol beverages license or permit;
hotel rooms and vacation rental property;
property used primarily for parking;
certain property used in connection with professional football or baseball games or amateur sporting events;
and property used by a nonprofit organization.
New retail permits 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 beer, and retail “Class B” licenses authorizing the sale of intoxicating liquor, to consumers.
The bill defines “racetrack grounds" as property consisting of at least 300 acres containing a motor vehicle racetrack at least four miles in length LRB-5495/2 - 2020 Legislature - 3 - ARG:all ASSEMBLY BILL 869 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.
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.
This bill allows DOR to issue Class “B” and “Class B” permits to vendors authorizing the retail sale of beer and intoxicating liquor at the state fair park if the State Fair Park Board has, by resolution, annually applied to DOR for the permit.
Under the bill, a “vendor” is a person that has entered into a vendor agreement with the State Fair Park Board authorizing the person to sell alcohol beverages at the state fair 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.
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 LRB-5781/1 - 2020 Legislature - 3 - ARG:kjf ENGROSSED ASSEMBLY BILL 869 accounts for greater than 50 percent of the gross receipts of all of the food and beverages served at the gathering, meeting, or event.
Closing hours for certain retailers 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.
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.
A Class “B" license authorizes the retail sale of beer for consumption on or off the premises.
The same approval is required for a brewer or brewpub that makes retail sales at the state fair park.
Except when issued to a winery, a “Class B" license authorizes the retail sale of intoxicating liquor, which includes wine and distilled spirits, 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.
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.
- 2020 Legislature - 4 - LRB-5495/2 ARG:all ASSEMBLY BILL 869 Class “B” and “Class B” licenses are often issued together for restaurants and taverns.
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.
This bill creates a closing hour exception that may be available for Class “B,” “Class B,” and “Class C” licensees.
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” licensee is 4 a.m.
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.
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if the municipality issuing the license authorizes, upon application, the extended closing hour.
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.
Alternatively, a municipality may, by ordinance, opt out and retain the regular, unextended closing hour for all licensees.
Retail closing hours for wineries Current law allows a winery to hold a retail “Class B" license, but, unlike other “Class B” licenses, a winery's “Class B” license authorizes only the sale of wine.
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 - 2020 Legislature - 4 - LRB-5781/1 ARG:kjf ENGROSSED ASSEMBLY BILL 869 prohibited alcohol concentration.
A winery operating under a retail “Class B" license may not remain open for retail sales of wine between the hours of 9 p.m.
This bill increases the amount of the safe ride program surcharge to $75.
and 8 a.m.
This bill changes the closing hour for wineries operating under a “Class B" license from 9 p.m.
to midnight, but allows municipalities to establish, by ordinance, more restrictive closing hours for these wineries.
From July 13 to July 17, 2020, a winery is eligible for extended closing hours to the same extent applicable for other “Class B” licensees within the same municipality.
Brewer hours of sale 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.
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.
From July 13 to July 17, 2020, a brewer is eligible for the same extended closing hours applicable to Class “B,” “Class B,” and “Class C” licensees if the municipality has elected to extend closing hours for these retail licensees.
LRB-5495/2 - 2020 Legislature - 5 - ARG:all ASSEMBLY BILL 869 Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
S ECTION 1.
SECTION 1c.
125.06 (14) of the statutes is created to read:
125.06 (14) A LCOHOL BEVERAGE SALES AT STATE FAIR PARK.
The retail sale of alcohol beverages at the state fair park, by any person approved by the state fair park board by resolution to make such sales, for consumption at the state fair park.
The state fair park board may not grant to a person approval under this subsection unless the person meets the qualifications under s.
125.04 (5) (a) 1., 3., 4., and 5., (b), and (c).
SECTION 1e.
S ECTION 2.
SECTION 2.
125.535 or 139.035, the department shall revoke the license orpermit.
125.535 or 139.035, the department shall revoke the license or permit.
S ECTION 3.
SECTION 3.
125.12(5) (b) The department may, after notice and an opportunity for hearing, revoke any permit issued under s.
LRB-5781/1 - 2020 Legislature - 5 - ARG:kjf SECTION 3 ENGROSSED ASSEMBLY BILL 869 125.12(5) (b) The department may, after notice and an opportunity for hearing, revoke any permit issued under s.
- 2020 Legislature - 6 - LRB-5495/2 ARG:all ASSEMBLY BILL 869 SECTION 4 SECTION 4.
125.20 of the statutes is created to read:
125.20 Private event venue permit;
prohibition.
(1) P ERMIT ISSUANCE.(a) The department may issue to property owners private event venue permits that authorize the permittee to rent or lease real property for use as a venue for a private event at which fermented malt beverages or intoxicating liquor is consumed.
(b) A private event venue permit may be issued only to a person who holds a valid certificate issued under s.
73.03 (50) and is qualified under s.
125.04 (5), except a person acting as an agent for or in the employ of another.
(c) A private event venue permit may not be issued to a person unless the person has provided to the department proof of liability insurance covering the premises for which the permit is issued.
(d) A permit may not be issued under this section for premises that are covered by any other license or permit under this chapter, but a caterer holding a Class “B” or “Class B” license may deliver fermented malt beverages or intoxicating liquor to premises described in a permit under this section and may provide services in conjunction with the delivery.
(e) The annual fee for a permit issued under this section shall be $750.
(2) OPERATIONAL REQUIREMENTS.
All provisions of this chapter applying to Class “B" and “Class B” licenses and licensees apply to private event venue permits and permittees, except as follows:
(a) A permit issued under this section does not authorize the sale of any alcohol beverages.
(b) The host of an event held on premises covered by a permit issued under this section may possess and consume, and allow the possession and consumption by others, on the premises, of fermented malt beverages and intoxicating liquor LRB-5495/2 - 2020 Legislature - 7 - ARG:all SECTION 4 ASSEMBLY BILL 869 purchased from a retail licensee or permittee rather than a wholesaler.
Upon the conclusion of an event, the host may remove from the premises any remaining fermented malt beverages and intoxicating liquor that is in an unopened, original container.
(c) No premises for which a permit under this section is issued may remain open between the hours of 2 a.m.
and 6 a.m.
On January 1 premises operating under a permit under this section are not required to close.
On Saturday and Sunday, no such premises may remain open between 2:30 a.m.
and 6 a.m.
except that, on the Sunday that daylight saving time begins as specified in s.
175.095 (2), no such premises may remain open between 3:30 a.m.
and 6 a.m.
(3) PROHIBITION.
(a) No person may rent or lease real property to another for use as a venue for a private event at which fermented malt beverages or intoxicating liquor is consumed unless the person holds a permit issued under this section and consumption of the fermented malt beverages or intoxicating liquor occurs on the premises covered by the permit.
(b) This subsection does not apply to any of the following:
1.
A room in a hotel, motel, or bed and breakfast that is used for overnight accommodations.
2.
Vacation rental property, or any other property of temporary lodging, that is used for overnight accommodations if the property is furnished with sufficient beds for all adult guests to sleep.
3.
A campsite on a campground licensed under s.
97.67.
4.
Property used primarily for parking.
- 2020 Legislature - 8 - LRB-5495/2 ARG:all ASSEMBLY BILL 869 SECTION 4 5.
Property within a local professional football stadium district created under subch.
IV of ch.
229 if the property is used in connection with, and on the same day as, a professional football game held at the football stadium.
6.
Property within a local professional baseball park district created under subch.
III of ch.
229 if the property is used in connection with, and on the same day as, a professional baseball game held at the baseball park.
7.
Property used in connection with an amateur sporting event held on a campus of the University of Wisconsin System, or at a sports arena, as defined in s.
101.123 (1) (hm), having a seating capacity of at least 1,000 persons, if the property is primarily used immediately before or immediately after the amateur sporting event rather than during the amateur sporting event.
8.
Property used by a nonprofit organization, as defined in s.
134.695 (1) (am), or property that such a nonprofit organization owns, rents, or leases.
9.
Property covered by a license or permit issued under this chapter.
(c) The penalty under s.
125.04 (13) shall apply to a violation of this subsection.
(3) in the caterer's Class “B" license, and even if the racetracks grounds LRB-5495/2 - 2020 Legislature - 9 - ARG:all SECTION 5 ASSEMBLY BILL 869 are not located within the municipality that issued the caterer's Class “B" license.
(3) in the caterer's Class “B" license, and even if the racetracks grounds are not located within the municipality that issued the caterer's Class “B" license.
SECTION 6.
125.27 (4) of the statutes is amended to read:
125.27(4) ADDITIONAL SALES AUTHORITY FOR PERMITTEENotwithstanding subs.
(1) (d), (2) (d), and (3) (d) and ss.
125.04 (3) (a) 3.
and (9) and 125.09 (1), in addition to the authorization specified in sub.
(1), (2), or (3), a Class “B" permit issued under this section also authorizes the permittee to provide fermented malt beverages, including their retail sale, at specific locations within the Ozaukee County fairgrounds for consumption at these locations during special events held at the fairgrounds, if the Ozaukee County board adopts a resolution approving the permittee and if the premises covered by the Class “B” permit are located in Ozaukee County.
Notwithstanding subs.
(1), (2), and (3), a permittee may provide fermented malt beverages under this subsection at the Ozaukee County fairgrounds even though the Ozaukee County fairgrounds are not part of the premises described in the permit.
A permittee that provides fermented malt beverages under this subsection is subject to s.
125.32 (2) as if the fermented malt beverages were provided on the premises covered by the Class “B” permit.
Notwithstanding s.
125.34 (4) and (5), a wholesaler may deliver fermented malt beverages to the Ozaukee County fairgrounds to a permittee approved by the Ozaukee County board under this - 2020 Legislature - 10 - LRB-5495/2 ARG:all ASSEMBLY BILL 869 SECTION 6 subsection and such an approved permittee may transport fermented malt beverages from the premises covered by the permit to the Ozaukee County fairgrounds for purposes of selling the fermented malt beverages at the Ozaukee County fairgrounds.
This subsection does not authorize Ozaukee County or any person operating or managing the Ozaukee County fairgrounds to sell fermented malt beverages at retail or to procure or stock fermented malt beverages for purposes of retail sale.
This subsection does not apply to a permit issued under sub.
(6).
125.27 (5) ERMITS FOR RACETRACK GROUNDS.(a) In this subsection, “racetrack grounds" means real property consisting of at least 300 acres containing a motor vehicle racetrack at least 4 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.
- 2020 Legislature - 6 - LRB-5781/1 ARG:kjf ENGROSSED ASSEMBLY BILL 869 SECTION 7 125.27 (5) PERMITS FOR RACETRACK GROUNDS.
(a) In this subsection, “racetrack grounds" means real property consisting of at least 300 acres containing a motor vehicle racetrack at least 4 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.
LRB-5495/2 - 2020 Legislature - 11 - ARG:all SECTION 7 ASSEMBLY BILL 869 (c) Persons holding a permit under par.
(c) Persons holding a permit under par.
2.
LRB-5781/1 - 2020 Legislature - 7 - ARG:kjf SECTION 7 ENGROSSED ASSEMBLY BILL 869 2.
S ECTION 8.
SECTION 8g.
125.27 (6) of the statutes is created to read:
125.29 (3) (j) of the statutes is amended to read:
125.27 (6) PERMITS FOR STATE FAIR PAR(a) In this subsection, “vendor" means a person that has entered into a vendor agreement with the state fair park board authorizing the person to sell fermented malt beverages at the state fair park.
125.29 (3) (j) The ownership, maintenance, or operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state.
(b) The department may issue a Class “B" permit to a vendor that holds a valid certificate issued under s.
A brewer may not make retail sales of fermented malt beverages at the state fair park unless the state fair park board has, by resolution, approved the brewer to make such sales.
73.03 (50), that is qualified under s.
SECTION 8m.
125.04 (5) and (6), and that conducts business at the state fair park if the state fair park board has, by resolution, annually applied to the department for the permit.
125.295 (1) (i) of the statutes is amended to read:
The permit authorizes the retail sale of fermented malt beverages on the premises covered by the permit, for consumption anywhere at the state fair park.
125.295(1) (i) Notwithstanding s.
- 2020 Legislature - 12 - LRB-5495/2 ARG:all ASSEMBLY BILL 869 SECTION 8 (c) Except as otherwise provided in this subsection, all sections of this chapter relating to Class “B" licenses apply to Class “B" permits issued under this subsection.
125.33 (1), the ownership, maintenance, and operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state if the fermented malt beverages have been manufactured by the brewpub.
A brewpub may not make retail sales of fermented malt beverages at the state fair park unless the state fair park board has, by resolution, approved the brewpub to make such sales.
125.27 (5) (a), indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell fermented malt beverages during the hours specified in par.
125.27 - 2020 Legislature - 8 - LRB-5781/1 ARG:kjf ENGROSSED ASSEMBLY BILL 869 SECTION 9 (5) (a),ndoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell fermented malt beverages during the hours specified in par.
SECTION 10.
125.32 (3) (e) of the statutes is created to read:
125.32 (3) (e) 1.
A brewer holding a permit under s.
125.29 may not sell fermented malt beverages at retail under s.
125.29 (3) (e), or under s.
125.29 (3) (g) for consumption on the premises, or provide taste samples under s.
125.29 (3) (i), during the hours in which a Class “B” licensed premises is required under par.
(a) to be closed.
Brewery premises may remain open for the conduct of other brewery operations during these hours, but a brewer's off-site retail outlet may not remain open during these hours.
2.
A brewer holding a permit under s.
125.29 may not sell fermented malt beverages at retail under s.
125.29 (3) (f), or under s.
125.29 (3) (g) for consumption off the premises, between 12 midnight and 6 a.m.
3.
A municipality may, by ordinance, impose more restrictive hours than those provided in subd.
2., but may not impose different hours than those provided in subd.
1.
LRB-5495/2 - 2020 Legislature - 13 - ARG:all SECTION 11 ASSEMBLY BILL 869 125.32(3m) (k) Premises for which a Class “B" permit is issued under s.
125.32(3m) (k) Premises for which a Class “B" permit is issued under s.
SECTION 13.
125.51 (5) (b) (title) of the statutes is amended to read:
125.51 (5) (b) (title) Public facilities andrts, and state fair park.
SECTION 14.
125.51 (5) (b) 1.
f.
of the statutes is created to read:
- 2020 Legislature - 14 - LRB-5495/2 ARG:all ASSEMBLY BILL 869 SECTION 14 125.51 (5) (b) 1.
f.
“Vendor" means a person that has entered into a vendor agreement with the state fair park board authorizing the person to sell intoxicating liquor at the state fair park.
SECTION 15.
125.51 (5) (b) 2m.
of the statutes is created to read:
125.51(5) (b) 2m.
The department may issue a “Class B" permit to a vendor that holds a valid certificate issued under s.
73.03 (50), that is qualified under s.
125.04 (5) and (6), and that conducts business at the state fair park if the state fair park board has, by resolution, annually applied to the department for the permit.
The permit authorizes the retail sale of intoxicating liquor on the premises covered by the permit, for consumption anywhere at the state fair park.
SECTION 16.
125.51 (5) (b) 4.
of the statutes is amended to read:
125.51 (5) (b) 4.
The department may not issue a permit under this paragraph subd.
2.
to any county or municipality or officer or employee thereof.
SECTION 17.
125.51 (5) (e) of the statutes is amended to read:
125.51 (5) (e) Additional sales authority for permittees.
Notwithstanding pars.
(a) 2., (b) 3., (c) 3., and (d) 3.
and ss.
125.04 (3) (a) 3.
and (9) and 125.09 (1), in addition to the authorization specified in par.
(a), (b), (c), or (d), a “Class B" permit issued under this subsection also authorizes the permittee to provide intoxicating liquor, including its retail sale, at specific locations within the Ozaukee County fairgrounds for consumption at these locations during special events held at the fairgrounds, if the Ozaukee County board adopts a resolution approving the permittee and if the premises covered by the “Class B” permit are located in Ozaukee County.
Notwithstanding pars.
(a), (b), (c), and (d), a permittee may provide intoxicating liquor under this paragraph at the Ozaukee County fairgrounds even though the Ozaukee County fairgrounds are not part of the premises described in the permit.
LRB-5495/2 - 2020 Legislature - 15 - ARG:all S ECTION 17 ASSEMBLY BILL 869 A permittee that provides intoxicating liquor under this paragraph is subject to s.
125.68 (2) as if the intoxicating liquor were provided on the premises covered by the “Class B” permit.
This paragraph does not authorize Ozaukee County or any person operating or managing the Ozaukee County fairgrounds to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale.
This paragraph does not apply to a permit issued under par.
(b) 2m.
125.51 (5) (f) Permits for racetrack grounds.
LRB-5781/1 - 2020 Legislature - 9 - ARG:kjf SECTION 18 ENGROSSED ASSEMBLY BILL 869 125.51 (5) (f) Permits for racetrack grounds.
- 2020 Legislature - 16 - LRB-5495/2 ARG:all ASSEMBLY BILL 869 SECTION 18 b.
b.
5.
- 2020 Legislature - 10 - LRB-5781/1 ARG:kjf ENGROSSED ASSEMBLY BILL 869 SECTION 18 5.
SECTION 19.
125.68 (4) (c) 3m.
of the statutes is amended to read:
125.68 (4) (c) 3m.
No premises for which a “Class B" license has been issued under s.
125.51 (3) (am) may remain open for the sale of intoxicating liquor between the hours of 9 p12 midnight and 8 a.m.
A municipality may, by ordinance, impose more restrictive hours than are provided in this subdivision.
SECTION 21.
SECTION 21m.
125.68 (4) (d) of the statutes is created to read:
346.657 (1) of the statutes is amended to read:
125.68 (4) (d) Brewers.
346.657 (1) If a court imposes a fine or a forfeiture for a violation of s.
1.
346.63 (1) or (5), or a local ordinance in conformity therewith, or s.
A brewer holding a permit under s.
346.63 (2) or (6) or 940.25, or s.
125.29 may not sell intoxicating liquor at retail under s.
940.09 where the offense involved the use of a vehicle, it shall impose a safe ride program surcharge under ch.
125.29 (3) (h) during the hours in which a “Class B” licensed premises is required under par.
814 in an amount of $50 in addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch.
(c) 1.
814.
to be closed.
Brewery LRB-5495/2 - 2020 Legislature - 17 - ARG:all S ECTION 21 ASSEMBLY BILL 869 premises may remain open for the conduct of other brewery operations during these hours, but a brewer's off-site retail outlet may not remain open during these hours.
2.
A municipality may not, by ordinance, impose different hours than those provided under subd.
1.
(1) C LOSING HOURS EXCEPTION FOR CERTAIN ALCOHOL BEVERAGE RETAILERS AND BREWERS DURING THED EMOCRATICN ATIONALC ONVENTION INM ILWAUKEE.
(1) CLOSING HOURS EXCEPTION FOR CERTAIN ALCOHOL BEVERAGE RETAILERS DURING THED EMOCRATICN ATIONALC ONVENTION INM ILWAUKEE.
1.
“Brewer” means a person holding a brewer's permit under s.
125.29.
(b) 1.
3.
“Southeast Wisconsin municipality” means 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.
LRB-5781/1 - 2020 Legislature - 11 - ARG:kjf SECTION 22 ENGROSSED ASSEMBLY BILL 869 (b) 1.
125.32 (3) (a), but subject to subd.
125.32 (3) (a), from July 13 to July 17, 2020, the closing hours for premises operating under a Class “B” license issued by a southeast Wisconsin municipality shall be between 4 a.m.
3., from July 13 to July 17, 2020, the closing hours for Class “B” licensed premises shall be between 4 a.m.
if the municipality that issued the license has authorized this extended closing hour as provided in subd.
if the municipality that issued the license has adopted a resolution allowing extended closing hours within the municipality and has authorized this extended closing hour as provided in subd.
A municipality may establish a process to authorize, and may upon application so authorize, the extended closing hour under subd.
If a southeast Wisconsin municipality has adopted a resolution under subd.
1., the municipality shall establish a process to authorize, and may upon application so authorize, the extended closing hour under subd.
3.
Notwithstanding s.
125.32 (3) (d), a municipality may, by ordinance adopted after the effective date of this subdivision, opt out of subd.
1.
and retain from July 13 to July 17, 2020, the closing hours specified in s.
125.32 (3) (a).
and 3m., but subject to subd.
and 3m., from July 13 to July 17, 2020, the closing hours for premises operating under a “Class B” or “Class C” license issued by a southeast Wisconsin municipality shall be between 4 a.m.
3., from July 13 to July 17, 2020, the closing hours for “Class B” or “Class C” licensed premises shall be between 4 a.m.
if the municipality that issued the license has authorized this extended closing hour as provided in subd.
if the municipality that issued the license has adopted a resolution allowing extended closing hours within the municipality and has authorized this extended closing hour as provided in subd.
- 2020 Legislature - 18 - LRB-5495/2 ARG:all ASSEMBLY BILL 869 SECTION 22 2.
A municipality may establish a process to authorize, and may upon application so authorize, the extended closing hour under subd.
1.
for any “Class B” or “Class C” licensed premises within the municipality.
3.
Notwithstanding s.
125.68 (4) (c) 5., a municipality may, by ordinance adopted after the effective date of this subdivision, opt out of subd.
1.
and retain from July 13 to July 17, 2020, the closing hours specified in s.
125.68 (4) (c) 1.
and 3m.
(d) 1.
Notwithstanding ss.
125.32 (3) (e) and 125.68 (4) (d), from July 13 to July 17, 2020, the closing hours for a brewer's off-site retail outlet, and the hours during which a brewer may not sell fermented malt beverages or intoxicating liquor at retail on the brewery premises, shall be the same as the closing hours applicable to, respectively, Class “B” licensees under par.
(b) and “Class B” and “Class C” licensees under par.
(c) that are located in the same municipality.
If a municipality establishes a process under par.
If a southeast Wisconsin municipality has adopted a resolution under subd.
(b) 2.
1., the municipality shall establish a process to authorize, and may upon application so authorize, the extended closing hour under subd.
or (c) 2.
to authorize extended closing hours for Class “B” licensees or “Class B” and “Class C” licensees, the municipality shall use the same process, and apply the same standards, to authorize, upon application, extended hours for brewers under subd.
with respect to brewery premises or the brewer's off-site retail outlet located within that municipality.
for any “Class B” or “Class C” licensed premises within the municipality.
SECTION 23.0Effective dates.
SECTION 23.Effective dates.
(1) The treatment of s.
(3) The treatment of s.
125.20 (title), (1), and (2) takes effect on July 1, 2020, or on the day after publication, whichever is later.
125.06 (14) anECTION 22 of this act take effect on the day after publication.
(2) The treatment of s.
125.20 (3) takes effect on August 1, 2020, or on the 31st day after publication, whichever is later.
LRB-5495/2 - 2020 Legislature - 19 - ARG:all SECTION 23 ASSEMBLY BILL 869 (3) The treatment of ss.
125.27 (4) and (6) and 125.51 (5) (b) (title), 1.
f., 2m., and 4.
and (e) and ECTION 22 of this act take effect on the day after publication.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Report concurrence recommended by Committee on Economic Development, Commerce and Trade, Ayes 5, Noes 0

  4. Executive action taken

  5. Public hearing held

  6. LRB correction (Assembly Amendment 3)

  7. LRB correction (Assembly Amendment 1)

  8. Printed engrossed by the direction of the Senate Chief Clerk-5781

  9. Read first time and referred to committee on Economic Development, Commerce and Trade

  10. Fiscal estimate received

  11. Received from Assembly

  12. Ordered immediately messaged

  13. Representative Bowen added as a coauthor

  14. Read a third time and passed, Ayes 84, Noes 13

  15. Rules suspended

  16. Ordered to a third reading

  17. Assembly Amendment 3 adopted

  18. Assembly Amendment 3 offered by Representatives Swearingen, Kuglitsch, Loudenbeck and Vorpagel

  19. Assembly Amendment 2 withdrawn and returned to author

  20. Assembly Amendment 2 offered by Representatives Swearingen, Loudenbeck and Kuglitsch

  21. Assembly Amendment 1 adopted

  22. Read a second time

  23. Made a special order of business at 11:13 AM on 2-20-2020 pursuant to Assembly Resolution 21

  24. Referred to committee on Rules

  25. Report passage as amended recommended by Committee on State Affairs, Ayes 13, Noes 1

  26. Report Assembly Amendment 1 adoption recommended by Committee on State Affairs, Ayes 14, Noes 0

  27. Fiscal estimate received

  28. Executive action taken

  29. Assembly Amendment 1 offered by Representatives Swearingen and Kuglitsch

  30. Public hearing held

  31. Read first time and referred to Committee on State Affairs

  32. Introduced by Representatives Swearingen, Kuglitsch, Vorpagel, Schraa, Loudenbeck, Summerfield, Fields, Haywood and Sinicki

Sponsors

Sponsorship breakdown

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9 sponsors · 0 co-sponsors · 123 not signed on · 5 voted No

Sponsors (9)

Co-sponsors (0)

None.

Not signed on (123)

123 members have not signed on to this bill.

Show all 123 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

PASSAGE

Passed 84 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 34300
Unaffiliated 39800
Democrat 11200
Total 841300
% of votes cast 87%13%0%0%
How each member voted (97)
Member Party Vote
BALLWEG — Yea
BOWEN — Yea
BRANDTJEN — Yea
BROSTOFF — Yea
CABRERA — Yea
CONSIDINE — Yea
CROWLEY — Yea
EDMING — Yea
FIELDS — Yea
GOYKE — Yea
GRUSZYNSKI — Yea
HEBL — Yea
HINTZ — Yea
HORLACHER — Nay
KATSMA — Yea
KERKMAN — Yea
KOLSTE — Nay
KUGLITSCH — Yea
KULP — Yea
LOUDENBECK — Yea
MAGNAFICI — Yea
MEYERS — Yea
MILROY — Yea
MYERS — Yea
NYGREN — Yea
OHNSTAD — Yea
OLDENBURG — Yea
OTT — Nay
PETRYK — Yea
PLUMER — Yea
POPE — Nay
RAMTHUN — Nay
RIEMER — Yea
ROHRKASTE — Yea
SANFELIPPO — Nay
SARGENT — Nay
SCHRAA — Yea
SHANKLAND — Yea
SKOWRONSKI — Yea
STEINEKE — Yea
STUCK — Yea
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Nay
ZAMARRIPA — Yea
SPEAKER — Yea
Billings, Jill Democrat Yea
Doyle, Steve Democrat Yea
Emerson, Jodi Democrat Yea
Haywood, Kalan Democrat Yea
Hesselbein, Dianne Democrat Yea
McGuire, Tip Democrat Yea
Neubauer, Greta Democrat Yea
Sinicki, Christine Democrat Yea
Spreitzer, Mark Democrat Yea
Stubbs, Shelia Democrat Yea
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Vining, Robyn Democrat Yea
Allen, Scott Republican Nay
August, Tyler Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Dittrich, Barbara Republican Nay
Duchow, Cindi Republican Yea
Felzkowski, Mary Republican Yea
Gundrum, Rick Republican Yea
Hutton, Rob Republican Nay
Jagler, John Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Quinn, Romaine Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Stafsholt, Rob Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

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Subjects

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Frequently asked questions

Who sponsors AB 869?
AB 869 is sponsored by Swearingen, Rob (Republican), Kuglitsch, Vorpagel, Schraa, Loudenbeck, Summerfield, Rob (Republican), Fields, Sinicki, Christine (Democrat), and Haywood, Kalan (Democrat).
What is the current status of AB 869?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 869?
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