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Archive for the ‘Wisconsin Alcohol News’ Category

A: No state laws addressing this; some municipalities (towns, villages, cities) may have local ordinances. Municipalities may enact ordinances not in conflict with state law; since state law is silent, some municipalities may have enacted ordinances – please have client check with municipal clerk/police in which they are licensed

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Serving Alcohol Inc has provided training for many of the alcohol sellers and servers that will be working at the Wisconsin Fair. We wish they have a very fun, safe and prosperous time.  You can find more information about the Wisconsin State Fair here: http://www.wistatefair.com/

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For more information on alcohol seller and server training please visit servingalcohol.com

More and more women are joining the field of beer tasting, and excelling at it. SABMiller, the brewer that makes Miller and Coors as well as Pilsner Urquell, Peroni and Grolsch, has said they have evidence that women are better at detecting undesirable chemicals in beer. Today 30% of SABMiller’s tasters are women. Research from a research institute in Philidelphia supports their claim, showing that women have a better sense of smell which is critical in identifying flavors in beer. Not all brewers agree. Carlsberg and Anheuser-Busch inBev have both stated that they do not believe there is a significant difference between men and women tasters.

Get certified take our Wisconsin Server–Seller Bartender License Course.

A local study group compiled a list of recommendations for legislators and municipalities to change the drinking culture in Wisconsin. The list includes introduce sobriety checkpoints, prohibit parents from buying alcohol in bars for their underage children, doubling the fees for alcohol licenses and more. The State Council on Alcohol and Other Drug Abuse workgroup plans to show the document to the League of Wisconsin Municipalities.

Learn more about Wisconsin alcohol laws by visiting online Wisconsin Bartender License Course.

A study group wants to change the way alcohol is perceived and consumed in Wisconsin. The group came up with 49 recommendations for state and local governments, communities, employers and educators. Alcohol Culture and Environment Workgroup’s suggestions include adding sobriety checkpoints throughout the community, limiting alcohol advertising in the various municipalities, changing the law that allows parents to buy their children alcohol and adopting ordinances that ban competitions and games as well as the use of beer bongs and similar devices in licensed establishments as these encourage swift consumption of alcohol. The workgroup is comprised of public policy experts, attorneys, elected officials, law enforcement, local leaders, educators and others.

Learn more about Wisconsin Alcohol Laws by taking our Wisconsin Approved Seller/Server Course.

Q: Does the law 125.68(4)(c)(3) prohibit an establishment from selling an alcoholic drink in a plastic cup and allowing to leave the premises?

A: No, that law only prohibits the sale of alcohol in its original container for carry out (i.e. a bottle of wine cannot be bought at a restaurant to be carried out).

The law s. 125.51 (3)(a) and (b) requires that alcohol be sold and consumed by on the licensed premises, meaning that alcoholic beverages may not be sold in “to go” containers to be consumed elsewhere.

Q: If I have lost my alcohol serving license after completing the Wisconsin alcohol serving course who should I contact for a replacement?

A: To receive a replacement you would have to contact the vendor who contacted the class or get a copy from the municipality that issued the license. Do not contact the Wisconsin Alcohol and Tobacco Enforcement as they do not maintain training or licensing records for the Responsible Beverage Server Courses.

Q: If an underage person, someone under the age of 21, is accompanied by their parent or guardian over the age of 21 can they be served alcohol?

A: Yes, if a person under the age of 21 is accompanied by their parent or guardian over the age of 21 they may be served/sold/consume alcohol.

Q: If an underage person can be served and drink alcohol in a bar in Wisconsin as long as they are accompanied by their parent or guardian, does the underage person and/or the parent or guardian need to be a Wisconsin resident?

A: No, the law is applicable to anyone drinking in a Wisconsin establishment that is licensed to serve alcohol.

Q: Does this same law, which allows an underage person to drink, apply if the underage person is at home with their parent or guardian?

A: Yes, if the underage person is with his/her parents of legal drinking age, then the underage person may consume alcoholic beverages.

Q: If an underage person is between the ages of 18-20 and thereby no longer a minor, is it true that they can no longer drink or be served even if they are accompanied by a parent, and that only underage persons under the age of 18 can drink with their parents?

A: No, underage persons may be served/consume alcohol beverages if accompanied by their parents, regardless of the age of the underage persons.
Q: Are designated drivers who are under the age of 21 allowed to be on the premises of a bar?

A: Yes, a designated driver under the age of 21 is allowed to be on the premises but must be with their parent, guardian or spouse of legal drinking age.

Q: Is it true that 24 hours before your 21st birthday you are able to legally purchase and consume alcohol?

A: No, you may not legally drink/purchase alcohol beverages or be on a Class B premises (with certain exceptions) until you are age 21.

Q: Are there any laws or regulations that prohibit patrons from bringing their infant into a bar while they are drinking?

A: There is no state alcohol beverage law (if accompanied by parent or guardian of legal drinking age, anyone under the legal drinking age may enter a bar), but individual house policy may prohibit it.

Q: At the closing time of a bar no alcohol can be served and everyone needs to leave, who is allowed to stay on the premises after closing time?

A: Only bona fide employees performing work functions allowed on premises after closing hour.

Q: In the state of Wisconsin can funeral homes/parlors obtain liquor licenses?

A: Most likely not, to get a Class B liquor license the premises must comply with the sanitation requirements for restaurants, s. 125.68(5). In addition, they cannot get a Class B liquor license without also holding a Class B beer (s. 125.51(3)(f)). There are prohibitions on types of businesses allowed on Class B premises – funeral homes are not among the businesses that are allowed.

Q: If I have an individual who runs a winery and sells wine, must any person that is selling the wine have an operator’s license if the owner is not present?

A: If the sale is being made under the winery’s retail license (Class A or Class B), the person selling the wine must either hold an operator’s license or be 18 years of age or older and working under the immediate supervision of someone holding an operator’s license, this is the same requirement of any retailer making sales.

Q: At what time do bars have to be closed on the day that Daylight Savings Time goes into effect.

A: Daylight Saving Time begins at 2:00 a.m. the second Sunday in March. Clocks are set ahead one hour at 2:00 a.m. and so bars must close at 3:30AM Daylight Saving Time on this day.

Q: Can an individual tavern owner bring a resale certificate into a grocery store and purchase alcohol/beer exempt from sales tax if their tavern ran out of an item?

A: No; as a licensed retailer, you may only purchase (and possess on your licensed premises) alcohol beverages (spirits, wine, fermented malt beverages) from licensed Wisconsin wholesalers. The same holds true for cigarette purchases. You may only purchase from a Wisconsin distributor.

Q: What are some of the tobacco regulations that go into effect June 22, 2010?

A:
1. Cigarettes and smokeless tobacco may not be sold to anyone younger than 18 years of age;
2. Retailers must examine a photographic identification bearing the person’s birth date to verify that any person purchasing cigarettes or smokeless tobacco is at least 18 years old. Verification is not required for purchasers who are over the age of 26.
3. Retailers may not sell single cigarettes or packages containing fewer than 20 cigarettes, except in vending machines located in facilities where the retailer ensures that no person younger than 18 years of age is permitted to enter at any time;
4. Retailers may not sell unpackaged smokeless tobacco or packages of smokeless tobacco that are smaller than packages distributed by the manufacturer for individual use;
5. Cigarettes and smokeless tobacco may not be sold through vending machines or self-service display, except in facilities where persons under the age of 18 are prohibited from entering.

Q: If a resident wants to hold a wedding and reception at their home can they get a picnic license so that they may sell beer at the wedding reception, as they think having free beer may lead people to be irresponsible.

A: There are no provisions for a picnic license except to bona fide clubs, etc. Suggest to the resident to stop serving free beer at a particular time of night and serve coffee, water, and other non-alcoholic beverages instead.

Q: Is it state law that the people I am with be carded as well as myself when purchasing alcohol from a store?

A: No, it is not a state law, but it may be house policy of some stores to ID all persons when one person is purchasing alcoholic beverages.

Q: When selling malt beverages, are they considered beer? And if so can they be sold after 9 p.m. in my store?

A: Fermented malt beverages are considered beer. Check your retail license , if it says, “For sale of Fermented Malt Beverages” you can sell these products. If you have a Class A Fermented Malt Beverage license, you may sell them until midnight, unless restricted by municipal ordinance. If the product is wine-based, you must have a liquor or wine license to sell them, and if wine it cannot be sold after 9 p.m. if you have a Class A liquor license.

A: Yes – they are licensed as a bartender and have all of the rights/responsibilities associated with that license.

Learn more about Wisconsin Alcohol Laws by taking our online Wisconsin Bartender License Course.

Drunk driving laws have recently changed in Wisconsin. The changes, which were voted into law in December, have recently gone into effect. Drivers under the influence will now receive stricter penalties, higher fines and more jail time. Four major modifications were made to Wisconsin’s existing DUI laws and penalties. Among them is that repeat offenders have an ignition interlock device placed in their cars and now a fourth DUI offense in five years is a felony rather than the fifth DUI offense.

Learn more about issues surrounding alcohol service and how to safely serve by taking our online Wisconsin Bartender License Course.

Corkage Fees: Wisconsin alcohol beverage law does not allow “corkage fees” – fees charged by restaurant owners to allow patrons to carry in their own alcohol beverages to be consumed on the premises.

If the restaurant does have an alcohol beverage license, the only alcohol beverages allowed on the premises are those which the retailer has purchased from a licensed Wisconsin wholesaler; the retailer is required to have invoices from the wholesaler showing what product the retailer has purchased from the wholesaler.

If the restaurant does not have an alcohol beverage license, allowing consumption of alcohol beverages is prohibited and the restaurant owner can be charged for allowing its illegal consumption.

Learn more about our Wisconsin Approved Seller/Server Course (aka Bartender License Course) by clicking this link.

We are not offering legal advice, only passing on answers we have heard from the State of Wisconsin, please follow up with your own research of the laws with the links provided.

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Question: I was wondering if thereare any laws concerning the number of drinks a person can order at once.

For example, if we are having happy hour from 4 until 6pm, and a person wants to order 2 rounds of drinks before happy hour ends to have the drinks delivered after 6pm.  Is there a law that states how many drinks a person can order, and are they able to “back up” the drinks they have to avoid paying prices after happy hour.

Answer:  No state law restriction on # of drinks someone can ORDER; however, s. 125.07(2)(a) prohibits persons from selling, dispensing, dealing or trafficking in alcohol beverages to or with a person who is intoxicated. For example, if you sell someone 10 drinks all at once, you may not have violated the letter of the law, but a reasonable person could conclude if the person consumes all of these drinks in a short span of time, the spirit of the law may be violated.

No state law restriction on # of drinks someone can ORDER; however, s. 125.07(2)(a) prohibits persons from selling, dispensing, dealing or trafficking in alcohol beverages to or with a person who is intoxicated. For example, if you sell someone 10 drinks all at once, you may not have violated the letter of the law, but a reasonable person could conclude if the person consumes all of these drinks in a short span of time, the spirit of the law may be violated. I would encourage you to set house rules limiting the number of drinks one may order at a time; it makes good sense from a business standpoint and provides you with a measure of control over customers’ consumption habits while in your establishment, where you are ultimately held responsible.

Question:   I work for a golf course and we have a minor (17 year old) and were wondering if she is able to serve liquor while under the supervision of a person with a operating license?  Or does she have to be 18 before she can even touch anything behind the bar?  Just curious after reading through things and not getting a real clear idea of what she can and can not do.

Answer:   No. Must be at least 18 years of age in order to sell or serve alcohol beverages – s. 125.32(2) and 125.68(2), Wis stats.

Question: Once you complete a seller/server course and they send you certification, do you have to submit any other applications for a license to serve alcohol?

Answer: Upon completion of RBS progarm, you need to apply for a license at the municipality where you will be selling alcohol beverages. Provide a copy of your RBS certificate to the municipality to show you have completeed this requirement. You  must have an operator’s license from the municipality before you can work alone at a licensed premises.

Question:  If I am 20 years old and I am married can I drink alcohol legaly?

Answer:  If your spouse is over the age of 21 and you are accompanying her, you may be served, sold and consume alcohol beverages.

Question:  I understand that bar time is 2:30 on Friday and Saturday night and all drinks must be finished…but what I would like to know is there a certain amount of time that you must have all your customers out of the bar by? Do they need to be out by 2:30 or can you make sure they all leave by 2:45? Is there any leeway and is it written anywhere?

Answer:  Must leave by 2:30AM; there is no “grace period” written into state law.

Question:   to be a server in wisc. is there anything required…is server and bartender one in the same? I want to get the right certifications..

Answer:  Servers (Waiter/Waitress), Sellers (Retailers), and Bartenders all take the same course.  Realize that if you work under the direct supervision of the licensee or another person with an alcohol operator’s license then you do not need a license.  To work without immediate supervision, and serve alcohol, you will need a licensed.

Some municipalities may have different licenses for the specific roles, but I don’t know of any that do that.

Learn more about Wisconsin Alcohol Laws by taking our online Wisconsin Bartender License Course.