2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.27 - Class “B" permits.

125.27
Class “B" permits.
(1)
Sports clubs.
(a)
The department shall issue Class “B" permits to clubs holding a valid certificate issued under s. 73.03 (50) that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs that are operated solely for curling, ski jumping or yachting, if the club is not open to the general public and if no Class “B" licenses are issued by the governing body of the municipality in which the club is located. A Class “B" permit authorizes retail sales of fermented malt beverages to be consumed on the premises where sold. Persons holding a Class “B" permit may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.
(b)
A club applying for a Class “B" permit under this subsection shall have occupied the premises on which it is located on the date of filing the application for a period of 6 months prior to that date.
(d)
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.
(2)
Vessels.
(a)
1.
The department may issue a Class “B" permit to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5) authorizing the sale of fermented malt beverages for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under s. 29.001 (45) and (63) if any of the following applies:
a.
The vessel serves food and has an approved passenger capacity of not less than 40 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50 percent of the gross receipts of all of the food and beverages served on the vessel.
b.
The vessel has an approved passenger capacity of not less than 100 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50 percent of the gross receipts of the vessel.
2.
The department may issue the permit only if the vessel leaves its place of mooring while the sale of fermented malt beverages is taking place and if the vessel fulfills the requirement under par. (am). A permit issued under this paragraph also authorizes the permittee to store fermented malt beverages purchased for sale on the vessel on premises owned or leased by the permittee and located near the vessel's regular place of mooring. The permittee shall describe on the permit application under s. 125.04 (3) (a) 3. the premises where the fermented malt beverages will be stored. The premises shall be open to inspection by the department upon request.
(am)
An applicant for a permit under par. (a) shall provide proof that the vessel is certified by the U.S. coast guard, classed by the American bureau of shipping, or covered by liability insurance.
(b)
Persons holding a permit under par. (a) may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.
(d)
Except as provided in this subsection, all sections of this chapter applying to Class “B" licenses apply to Class “B" permits issued under this subsection.
(e)
A person holding a permit under par. (a) shall keep all invoices relating to the purchase of fermented malt beverages for sale on a vessel at the location where the fermented malt beverages are customarily stored.
(3)
Permits for certain tribes.
(a)
In this subsection, “tribe" means a federally recognized American Indian tribe in this state having a reservation created pursuant to treaty with the United States encompassing not less than 60,000 acres nor more than 70,000 acres or any business entity that is wholly owned and operated by such a tribe.
(b)
Upon application, the department shall issue a Class “B" permit to a tribe that holds a valid certificate issued under s. 73.03 (50) and that is qualified under s. 125.04 (5) and (6). The permit authorizes the retail sale of fermented malt beverages for consumption on or off the premises where sold.
(c)
A tribe holding a permit under par. (a) may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.
(d)
Except as provided in this subsection, all sections of this chapter applying to Class “B" licenses apply to Class “B" permits issued under this subsection.
(4)
Additional sales authority for permittees. Notwithstanding 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 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).
(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.
(b) The department may issue Class “B" permits for locations within racetrack grounds to any person that holds a valid certificate issued under s. 73.03 (50), that is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the racetrack grounds or is designated by the owner or operator of the racetrack grounds to operate premises located within the racetrack grounds. Subject to par. (e), the permit authorizes the retail sale of fermented malt beverages on the premises covered by the permit, for consumption anywhere within the racetrack grounds. If the department issues more than one permit under this subsection for the same racetrack grounds, no part of the premises covered by a permit under this subsection may overlap with premises covered by any other permit issued under this subsection.
(c) Persons holding a permit under par. (b) may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.
(d) Subject to ss. 125.07 (3) (a) 17. and 125.32 (3) (c) and (3m) (k), all provisions of this chapter applying to Class “B" licenses apply to Class “B" permits issued under this subsection, except as follows:
1. A permit issued under this subsection does not authorize retail sales of fermented malt beverages for consumption off the racetrack grounds.
2. A permit issued under this subsection authorizes the retail sale of fermented malt beverages for possession and consumption off the premises where sold if the possession and consumption occurs within the racetrack grounds.
(e) A permit issued under this subsection does not authorize retail sales of fermented malt beverages at any designated camping area on racetrack grounds while the area is in use for camping.
(f) The department shall establish a fee for a permit issued under this subsection in the amount of 50 percent of the fee for a permit issued under sub. (1).
(6)
Permits for state fair park.
(a)
The state fair park board may issue Class “B" permits for locations at the state fair park to any person who holds a valid certificate issued under s. 73.03 (50), meets the qualifications under s. 125.04 (5) (a), (b), and (c), and, if applicable, satisfies the requirements under s. 125.04 (6). The state fair park board may use the application forms under s. 125.04 (3) (b) and (d) 1. or may prepare its own application forms with application information tailored to the permits under this subsection. The state fair park board's notice of meeting under s. 19.84 for a meeting at which a permit application will be considered shall be given at least 15 days prior to the meeting.
(b) A permit issued under this subsection authorizes the retail sale of fermented malt beverages on the premises covered by the permit, for consumption anywhere at the state fair park.
(c) A permit issued under this subsection may describe as premises under the permit multiple locations at the state fair park.
(d) A person holding a permit under this subsection is subject to any requirements or conditions imposed upon the person by the state fair park board in the permit or under a lease or vendor agreement. This agreement may require the person to remit to the state fair park board a percentage of gross sales of alcohol beverages as specified in the agreement.
(e) Persons holding a permit under this subsection may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.
(f) Sections 125.04 (3) (e), (f), and (g), (8), and (12), 125.045, 125.10, 125.12, and 125.185 do not apply with respect to a permit issued under this subsection.
(g) A permit issued under this subsection shall be valid for one year and expire on June 30. The state fair park board shall establish an annual fee for a permit issued under this subsection in the amount of 50 percent of the annual fee for a permit issued under sub. (1). All fees received under this paragraph shall be credited to the appropriation account under s. 20.190 (1) (h).
(h)
1.
The state fair park board shall establish standards, consistent with par. (a), and procedures for renewal of a permit issued under this subsection.
2. The state fair park board shall establish standards and procedures for suspension, revocation, or refusal to renew a permit issued under this subsection. A suspension, revocation, or refusal to renew a permit under this subsection is a contested case under ch. 227.
(i) 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.
(j) The state fair park board shall have the enforcement powers of s. 42.01 over a permittee under this subsection.
(k) A municipality may not issue a Class “B” license for premises within the state fair park. Except as provided in ss. 125.29 (3) (j) and 125.295 (1) (i), no person may sell fermented malt beverages at retail at the state fair park unless the person holds a permit issued under this subsection, and no brewer, brewpub, or wholesaler may sell fermented malt beverages to a person for resale at the state fair park unless the person holds a permit issued under this subsection.
History:  1981 c. 79, 202; 1983 a. 27 s. 2202 (38); 1985 a. 302; 1987 a. 91; 1989 a. 16, 252, 253, 359; 1995 a. 27; 1997 a. 248; 1999 a. 150 s. 672; 2009 a. 28; 2017 a. 59, 95, 364; 2021 a. 39, 43.