SB 395

This bill authorizes the Department of Revenue to issue retail alcohol beverage

permits for motor vehicle racetrack grounds. This bill also authorizes caterers to

make retail sales of alcohol beverages on racetrack grounds. The bill further

establishes hours during which brewers may not make retail sales of alcohol

beverages.

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

fermented malt beverages (beer), and retail “Class B” licenses authorizing the sale

of intoxicating liquor, which includes wine and distilled spirits, to consumers. Under

certain circumstances, DOR may issue retail Class “B” and “Class B” permits

authorizing the retail sale of beer and intoxicating liquor to consumers.

This bill authorizes DOR to issue retail Class “B” and “Class B” permits for

racetrack grounds. 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. Under the bill, DOR may issue

Class “B" and “Class B” permits, for locations within racetrack grounds, to the owner

or operator of the racetrack grounds or to any person designated by the owner or

operator of the racetrack grounds to operate premises located within the racetrack

grounds. Class “B” and “Class B” permits issued by DOR for racetrack grounds

authorize the retail sale of beer and intoxicating liquor at the location within the

racetrack grounds specified in the permit, for possession and consumption anywhere

within the racetrack grounds. Class “B” and “Class B” permits do not authorize the

sale of beer and intoxicating liquor for consumption away from the racetrack grounds

and do not authorize the sale of beer and intoxicating liquor at any designated

camping area on racetrack grounds while the area is in use for camping. The bill

contains an exception allowing underage persons to be present on those locations at

racetrack grounds for which Class “B” or “Class B” permits are issued.

Current law generally requires a retail licensee to make retail sales of alcohol

beverages only in a face-to-face transaction on the retail licensed premises,

although the retail licensee may thereafter deliver and serve the alcohol beverages

at another location. An exception allows a caterer to make retail sales off its licensed

premises during a special event held at the National Railroad Museum in Green Bay

or at the Heritage Hill State Park, if no retail license has been issued for this museum

or 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