Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB286 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 286
5	5	May 17, 2023 - Introduced by Representatives G REEN, BODDEN, KITCHENS,
6	6	MAGNAFICI, RETTINGER and SAPIK, cosponsored by Senators STAFSHOLT and
7	7	QUINN. Referred to Committee on State Affairs.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to renumber and amend 125.32 (2) and 125.68 (2); and to create 103.66
10	10	(1) (c), 125.32 (2) (c) and 125.68 (2) (c) of the statutes; relating to: service of
11	11	alcohol beverages on retail licensed premises by underage persons.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill extends, under certain circumstances, the current law exception
14	14	allowing a person under 21 years of age (underage person) to serve alcohol beverages
15	15	on retail licensed premises.
16	16	Under current law, with specific exceptions, no person may sell alcohol
17	17	beverages to a consumer unless the seller possesses a license or permit authorizing
18	18	the sale. A Class “B" license authorizes the retail sale of fermented malt beverages
19	19	(beer) for consumption on or off the premises. A “Class B" license generally
20	20	authorizes the retail sale of intoxicating liquor, which includes wine and distilled
21	21	spirits, for consumption on the licensed premises and, subject to restrictions, off the
22	22	licensed premises. Class “B” and “Class B” licenses are often issued together for
23	23	restaurants or taverns. A “Class C" license, which may be issued only for a
24	24	restaurant, authorizes the retail sale of wine for consumption on the premises.
25	25	Current law generally prohibits an underage person who is not accompanied
26	26	by a parent, guardian, or spouse of legal drinking age from possessing or consuming
27	27	alcohol beverages on retail licensed premises. However, an underage person who is
28	28	at least 18 years of age and employed by a retail licensee may possess alcohol
29	29	beverages in the course of employment, subject to the requirements below.
30	30	Current law imposes certain requirements relating to persons who are
31	31	authorized to sell or serve alcohol beverages on retail licensed premises. Although
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36	36	ASSEMBLY BILL 286
37	37	a person is not required to hold an operator's license (commonly referred to as a
38	38	“bartender's license") to provide alcohol beverages on retail licensed premises, a
39	39	retail licensee may not be open for business unless the licensee, the designated agent
40	40	of a corporate licensee, or a person who possesses an operator's license or manager's
41	41	license is present and responsible for the acts of all persons providing alcohol
42	42	beverages on the premises. A person must be at least 21 years of age to hold a retail
43	43	license or manager's license or to be an agent of a corporate retail licensee. A person
44	44	must be at least 18 years of age to hold an operator's license. Any other person who
45	45	serves alcohol beverages on retail licensed premises must be at least 18 years of age
46	46	and under the immediate supervision of the the retail licensee or its corporate agent
47	47	or a person holding an operator's license or manager's license.
48	48	This bill allows an underage person who is not yet 18 years of age but who is
49	49	at least 14 years of age to carry alcohol beverages, on Class “B,” “Class B,” and “Class
50	50	C” licensed premises, from a person allowed to serve alcohol beverages under current
51	51	law to a customer, except a customer seated at the bar, and serve the customer.
52	52	The bill also rectifies a statutory inconsistency by clarifying that a retail
53	53	licensee's immediate family member who is at least 18 years of age is considered to
54	54	hold an operator's license.
55	55	Under current law, the Department of Workforce Development sets minimum
56	56	ages for hazardous employment for minors. This bill provides that, in fixing those
57	57	minimum ages, DWD must permit the employment of a minor 14 years of age or over
58	58	at a business to carry and serve alcohol beverages to customers as described above.
59	59	The people of the state of Wisconsin, represented in senate and assembly, do
60	60	enact as follows:
61	61	SECTION 1. 103.66 (1) (c) of the statutes is created to read:
62	62	103.66 (1) (c) Permit the employment of a minor 14 years of age or over at a
63	63	business to carry and serve alcohol beverages to customers as described in ss. 125.32
64	64	(2) (c) and 125.68 (2) (c).
65	65	SECTION 2. 125.32 (2) of the statutes is renumbered 125.32 (2) (a) and amended
66	66	to read:
67	67	125.32 (2) (a) Except as provided under sub. (3) (b) and ss. 125.07 (3) (a) 10. and
68	68	125.26 (6), no premises operated under a Class “A" or Class “B" license or permit may
69	69	be open for business unless there is upon the premises the licensee or permittee, the
70	70	agent named in the license or permit if the licensee or permittee is a corporation or
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83	83	SECTION 2
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85	85	limited liability company, or some person who has an operator's license and who is
86	86	responsible for the acts of all persons serving any fermented malt beverages to
87	87	customers. An operator's license issued in respect to a vessel under s. 125.27 (2) is
88	88	valid outside the municipality that issues it.
89	89	(d) For the purpose of this subsection, any person holding a manager's license
90	90	under s. 125.18 or any member of the licensee's or permittee's immediate family who
91	91	has attained the age of 18 shall be considered the holder of an operator's license.
92	92	(b) No person, including a member of the licensee's or permittee's immediate
93	93	family, other than the licensee, permittee, or agent specified in par. (a) may serve
94	94	fermented malt beverages in any place operated under a Class “A" or Class “B"
95	95	license or permit unless he or she has any of the following applies:
96	96	1. The person holds an operator's license or.
97	97	2. Except as provided in par. (c), the person is at least 18 years of age and is
98	98	under the immediate supervision of the licensee, permittee, or agent or a person
99	99	holding an operator's license, who is on the premises at the time of the service.
100	100	SECTION 3. 125.32 (2) (c) of the statutes is created to read:
101	101	125.32 (2) (c) A person who is at least 14 years of age may carry fermented malt
102	102	beverages, on Class “B” licensed premises, from a person described in par. (a) or (b)
103	103	to a customer on the premises, other than a customer seated at the bar, and serve the
104	104	fermented malt beverages to the customer.
105	105	SECTION 4. 125.68 (2) of the statutes is renumbered 125.68 (2) (a) and amended
106	106	to read:
107	107	125.68 (2) (a) Except as provided under ss. 125.07 (3) (a) 10. and 125.51 (10),
108	108	no premises operated under a “Class A" or “Class C" license or under a “Class B"
109	109	license or permit may be open for business, and no person who holds a
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136	136	SECTION 4 ASSEMBLY BILL 286
137	137	manufacturer's or rectifier's permit may allow the sale or provision of taste samples
138	138	of intoxicating liquor on the manufacturing or rectifying premises as provided in s.
139	139	125.52 (1) (b) 2., unless there is upon the premises either the licensee or permittee,
140	140	the agent named in the license or permit if the licensee or permittee is a corporation
141	141	or limited liability company, or some person who has an operator's license and who
142	142	is responsible for the acts of all persons selling or serving any intoxicating liquor to
143	143	customers. An operator's license issued in respect to a vessel under s. 125.51 (5) (c)
144	144	is valid outside the municipality that issues it.
145	145	(d) For the purpose of this subsection, any person holding a manager's license
146	146	issued under s. 125.18 or any member of the licensee's or permittee's immediate
147	147	family who has attained the age of 18 shall be considered the holder of an operator's
148	148	license.
149	149	(b) No person, including a member of the licensee's or permittee's immediate
150	150	family, other than the licensee, permittee, or agent specified in par. (a) may serve or
151	151	sell alcohol beverages in any place operated under a “Class A" or “Class C" license
152	152	or under a “Class B" license or permit unless he or she has any of the following
153	153	applies:
154	154	1. The person holds an operator's license or.
155	155	2. Except as provided in par. (c), the person is at least 18 years of age and is
156	156	under the immediate supervision of the licensee, permittee, or agent or a person
157	157	holding an operator's license, who is on the premises at the time of the service.
158	158	SECTION 5. 125.68 (2) (c) of the statutes is created to read:
159	159	125.68 (2) (c) A person who is at least 14 years of age may carry intoxicating
160	160	liquor, on “Class B” or “Class C” licensed premises, from a person described in par.
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187	187	SECTION 5
188	188	ASSEMBLY BILL 286
189	189	(a) or (b) to a customer on the premises, other than a customer seated at the bar, and
190	190	serve the intoxicating liquor to the customer.
191	191	(END)
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