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Posts Tagged ‘wisconsin state law’

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

Get certified take our Wisconsin Server–Seller 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.

There is no such thing as a Wisconsin Operator’s License. Wisconsin Operator’s licenses (aka bartender licenses) are issued by a municipality and are good only in that municipality.

The Responsible Alcoholic Beverage Server course required by the State is good throughout the state.

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

Our online, self-paced, responsible beverage server training (aka Bartending License) course has been reviewed and approved by the Wisconsin Department of Revenue and fully complies with statutes 125.04, 125.17, and 134.66.

Click here for more details about our Wisconsin Bartending License Course.

By Marie Rohde

Posted: March 26, 2008

A couple who were aware that teenagers were drinking alcoholic beverages on their property and did not stop it cannot be sued for civil damages after a guest later became involved in an accident, the Wisconsin Supreme Court ruled in a decision issued Tuesday.

State law holds that “social hosts” are responsible for injuries caused by their procuring, furnishing or dispensing alcohol to teenagers at a party, but they cannot be sued under common-law negligence simply because they own the property where a party occurs, the court noted. A decision to extend liability to cover situations such as this one is the job of the Legislature and not the court, Justice N. Patrick Crooks wrote in the unanimous decision.

According to court records:

Shannon, Lee, Brooke and Brittney Nichols were injured on Highway J in Columbia County on June 5, 2004, when their car was struck by one driven by Beth Carr, who had crossed the centerline.

Carr had been at a party June 4 that went into the early morning hours the day of the accident. The party was attended by a large number of underage drinkers. The Nichols family contended that the property owners, Edward and Julie Niesen, had a duty to supervise and monitor the party.

The lawsuit was against the company that provided homeowner’s insurance for the Niesens. The claim was dismissed by Columbia County Circuit Judge Richard L. Rehm. The Court of Appeals found that state law did not provide for a claim based on civil liability but ruled that the Nichols family could sue on common-law negligence. The high court decision overturns that portion of the appellate ruling.

The Niesens did not provide alcohol for the party and were not aware that the girl involved in the accident had been drinking at their home or that she was too intoxicated to drive, the court noted.

Allowing a lawsuit on common-law negligence claim would open the door to all sorts of other cases, the court noted. It could, for example, allow lawsuits against parents unaware of underage drinking parties occurring when they are not home, the high court found.

In a concurring opinion, Chief Justice Shirley Abrahamson wrote that the appeals court gave short shrift to a state misdemeanor law that prohibits an adult from knowingly permitting or failing to take action when alcohol was served to minors on their property. That law could result in the property owners being ticketed for the offense.

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