Hintz, Performing, and Booze

Rep Hintz performed with the Oshkosh Chamber Singers and several other public figures in Oshkosh during their recent Christmas event. The local on-line community and west coast groupies are wondering: was it the revival of air guitar?

As noted in June, Rep Hintz introduced a bill, AB584, that would exempt restaurants where alcoholic beverages are 50 percent or less of gross receipts from counting under the state's liquor license quota. The bill was co-sponsored by State Sen Roessler. According to analysis by the LRB:

Current law prohibits a person from selling alcohol beverages at retail unless the seller possesses a license or permit authorizing the sale. A "Class B" license authorizes the retail sale of intoxicating liquor for consumption on the licensed premises and, depending on the type of intoxicating liquor and whether a municipal ordinance has been adopted, may also authorize the retail sale of intoxicating liquor for consumption off the licensed premises, subject to certain limitations.

Current law imposes a quota on the number of "Class B" licenses that a municipality may issue. This quota is generally determined by a formula based on the number of licenses previously issued by the municipality and the municipality's population. Current law provides quota exceptions for a full-service restaurant that has a seating capacity of 300 or more persons and for a hotel that has 50 or more rooms and has a restaurant or banquet room meeting certain criteria.

Current law also provides a quota exception for certain opera houses and theaters, but a "Class B" license issued under this exception authorizes the sale of intoxicating liquor only for consumption on the premises and only in connection with ticketed performances.

This bill modifies the quota exception for full-service restaurants. The bill provides a quota exception for full-service restaurants regardless of seating capacity, but creates a definition of "full-service restaurant" that limits the exception to establishments where meals are prepared, served, and sold for consumption on the premises and in which the sale of alcohol beverages accounts for 50 percent or less of the establishment's gross receipts.

In addition, a "Class B" license issued under this exception authorizes the sale of intoxicating liquor only for consumption on the premises. The bill prohibits a person holding a "Class B" license, other than one issued under this exception, from surrendering that license and applying for a new license under this exception.

Additional information:

Opposition: According to director of the Tavern League of Wisconsin Peter Madland in a Milwaukee JS story: "Historically we've always been opposed to anything that creates more licenses," he said. "Obviously, the more licenses there are, the more it decreases the value of existing licenses."

Support: Oshkosh North Western: Liquor license barriers must come down: Anybody with a decent business plan, investment cash and the guts to open a full-service restaurant with fewer than 300 seats has to get in line and wait for one to be relinquished. Here, the city's 131 "Combination" liquor licenses are typically spoken for – it's been this way for years. Rarely, one frees up.

State Beverage and Alcohol Laws

State Alcohol Beverage Laws for Retailers