Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB279 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 SENATE BILL 279
5	5	May 15, 2023 - Introduced by Senators STAFSHOLT and QUINN, cosponsored by
6	6	Representatives GREEN, BODDEN, KITCHENS, MAGNAFICI, RETTINGER and SAPIK.
7	7	Referred to Committee on Insurance and Small Business.
8	8	AN ACT to renumber and amend 125.32 (2) and 125.68 (2); and to create 103.66
9	9	(1) (c), 125.32 (2) (c) and 125.68 (2) (c) of the statutes; relating to: service of
10	10	alcohol beverages on retail licensed premises by underage persons.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill extends, under certain circumstances, the current law exception
13	13	allowing a person under 21 years of age (underage person) to serve alcohol beverages
14	14	on retail licensed premises.
15	15	Under current law, with specific exceptions, no person may sell alcohol
16	16	beverages to a consumer unless the seller possesses a license or permit authorizing
17	17	the sale. A Class “B" license authorizes the retail sale of fermented malt beverages
18	18	(beer) for consumption on or off the premises. A “Class B" license generally
19	19	authorizes the retail sale of intoxicating liquor, which includes wine and distilled
20	20	spirits, for consumption on the licensed premises and, subject to restrictions, off the
21	21	licensed premises. Class “B” and “Class B” licenses are often issued together for
22	22	restaurants or taverns. A “Class C" license, which may be issued only for a
23	23	restaurant, authorizes the retail sale of wine for consumption on the premises.
24	24	Current law generally prohibits an underage person who is not accompanied
25	25	by a parent, guardian, or spouse of legal drinking age from possessing or consuming
26	26	alcohol beverages on retail licensed premises. However, an underage person who is
27	27	at least 18 years of age and employed by a retail licensee may possess alcohol
28	28	beverages in the course of employment, subject to the requirements below.
29	29	Current law imposes certain requirements relating to persons who are
30	30	authorized to sell or serve alcohol beverages on retail licensed premises. Although
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35	35	SENATE BILL 279
36	36	a person is not required to hold an operator's license (commonly referred to as a
37	37	“bartender's license") to provide alcohol beverages on retail licensed premises, a
38	38	retail licensee may not be open for business unless the licensee, the designated agent
39	39	of a corporate licensee, or a person who possesses an operator's license or manager's
40	40	license is present and responsible for the acts of all persons providing alcohol
41	41	beverages on the premises. A person must be at least 21 years of age to hold a retail
42	42	license or manager's license or to be an agent of a corporate retail licensee. A person
43	43	must be at least 18 years of age to hold an operator's license. Any other person who
44	44	serves alcohol beverages on retail licensed premises must be at least 18 years of age
45	45	and under the immediate supervision of the the retail licensee or its corporate agent
46	46	or a person holding an operator's license or manager's license.
47	47	This bill allows an underage person who is not yet 18 years of age but who is
48	48	at least 14 years of age to carry alcohol beverages, on Class “B,” “Class B,” and “Class
49	49	C” licensed premises, from a person allowed to serve alcohol beverages under current
50	50	law to a customer, except a customer seated at the bar, and serve the customer.
51	51	The bill also rectifies a statutory inconsistency by clarifying that a retail
52	52	licensee's immediate family member who is at least 18 years of age is considered to
53	53	hold an operator's license.
54	54	Under current law, the Department of Workforce Development sets minimum
55	55	ages for hazardous employment for minors. This bill provides that, in fixing those
56	56	minimum ages, DWD must permit the employment of a minor 14 years of age or over
57	57	at a business to carry and serve alcohol beverages to customers as described above.
58	58	The people of the state of Wisconsin, represented in senate and assembly, do
59	59	enact as follows:
60	60	SECTION 1. 103.66 (1) (c) of the statutes is created to read:
61	61	103.66 (1) (c) Permit the employment of a minor 14 years of age or over at a
62	62	business to carry and serve alcohol beverages to customers as described in ss. 125.32
63	63	(2) (c) and 125.68 (2) (c).
64	64	SECTION 2. 125.32 (2) of the statutes is renumbered 125.32 (2) (a) and amended
65	65	to read:
66	66	125.32 (2) (a) Except as provided under sub. (3) (b) and ss. 125.07 (3) (a) 10. and
67	67	125.26 (6), no premises operated under a Class “A" or Class “B" license or permit may
68	68	be open for business unless there is upon the premises the licensee or permittee, the
69	69	agent named in the license or permit if the licensee or permittee is a corporation or
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82	82	SECTION 2
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84	84	limited liability company, or some person who has an operator's license and who is
85	85	responsible for the acts of all persons serving any fermented malt beverages to
86	86	customers. An operator's license issued in respect to a vessel under s. 125.27 (2) is
87	87	valid outside the municipality that issues it.
88	88	(d) For the purpose of this subsection, any person holding a manager's license
89	89	under s. 125.18 or any member of the licensee's or permittee's immediate family who
90	90	has attained the age of 18 shall be considered the holder of an operator's license.
91	91	(b) No person, including a member of the licensee's or permittee's immediate
92	92	family, other than the licensee, permittee, or agent specified in par. (a) may serve
93	93	fermented malt beverages in any place operated under a Class “A" or Class “B"
94	94	license or permit unless he or she has any of the following applies:
95	95	1. The person holds an operator's license or.
96	96	2. Except as provided in par. (c), the person is at least 18 years of age and is
97	97	under the immediate supervision of the licensee, permittee, or agent or a person
98	98	holding an operator's license, who is on the premises at the time of the service.
99	99	SECTION 3. 125.32 (2) (c) of the statutes is created to read:
100	100	125.32 (2) (c) A person who is at least 14 years of age may carry fermented malt
101	101	beverages, on Class “B” licensed premises, from a person described in par. (a) or (b)
102	102	to a customer on the premises, other than a customer seated at the bar, and serve the
103	103	fermented malt beverages to the customer.
104	104	SECTION 4. 125.68 (2) of the statutes is renumbered 125.68 (2) (a) and amended
105	105	to read:
106	106	125.68 (2) (a) Except as provided under ss. 125.07 (3) (a) 10. and 125.51 (10),
107	107	no premises operated under a “Class A" or “Class C" license or under a “Class B"
108	108	license or permit may be open for business, and no person who holds a
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135	135	SECTION 4 SENATE BILL 279
136	136	manufacturer's or rectifier's permit may allow the sale or provision of taste samples
137	137	of intoxicating liquor on the manufacturing or rectifying premises as provided in s.
138	138	125.52 (1) (b) 2., unless there is upon the premises either the licensee or permittee,
139	139	the agent named in the license or permit if the licensee or permittee is a corporation
140	140	or limited liability company, or some person who has an operator's license and who
141	141	is responsible for the acts of all persons selling or serving any intoxicating liquor to
142	142	customers. An operator's license issued in respect to a vessel under s. 125.51 (5) (c)
143	143	is valid outside the municipality that issues it.
144	144	(d) For the purpose of this subsection, any person holding a manager's license
145	145	issued under s. 125.18 or any member of the licensee's or permittee's immediate
146	146	family who has attained the age of 18 shall be considered the holder of an operator's
147	147	license.
148	148	(b) No person, including a member of the licensee's or permittee's immediate
149	149	family, other than the licensee, permittee, or agent specified in par. (a) may serve or
150	150	sell alcohol beverages in any place operated under a “Class A" or “Class C" license
151	151	or under a “Class B" license or permit unless he or she has any of the following
152	152	applies:
153	153	1. The person holds an operator's license or.
154	154	2. Except as provided in par. (c), the person is at least 18 years of age and is
155	155	under the immediate supervision of the licensee, permittee, or agent or a person
156	156	holding an operator's license, who is on the premises at the time of the service.
157	157	SECTION 5. 125.68 (2) (c) of the statutes is created to read:
158	158	125.68 (2) (c) A person who is at least 14 years of age may carry intoxicating
159	159	liquor, on “Class B” or “Class C” licensed premises, from a person described in par.
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186	186	SECTION 5
187	187	SENATE BILL 279
188	188	(a) or (b) to a customer on the premises, other than a customer seated at the bar, and
189	189	serve the intoxicating liquor to the customer.
190	190	(END)
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