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Wisconsin Legislature: AB863: Bill Text
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AB863: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5938/1
ARG:wlj
2025 ASSEMBLY BILL 863
January 16, 2026 - Introduced by Representatives
Anderson
,
J. Jacobson
,
Brown
,
Fitzgerald
,
Ortiz-Velez
,
Prado
,
Roe
,
Stroud
and
Udell
, cosponsored by Senators
Spreitzer
,
Jacque
,
Ratcliff
,
Roys
and
Hutton
. Referred to Committee on State Affairs.
AB863,1,6
1
An Act
to repeal
125.24 (2) (b) 2. and 125.24 (2) (e) 2.;
to renumber
125.24 (2)
2
(b) 1.;
to amend
125.24 (1) (a), 125.24 (1) (d), 125.24 (2) (a), 125.24 (2) (c) 1.,
3
125.24 (2) (c) 2., 125.24 (2) (c) 4., 125.24 (2) (d) 2., 125.24 (2) (d) 3. and 125.24
4
(2) (e) 3.;
to create
125.09 (1) (e) and 125.24 (1) (f) of the statutes;
relating to:
5
authorized activities under a no-sale event venue permit issued by the
6
Division of Alcohol Beverages in the Department of Revenue.
Analysis by the Legislative Reference Bureau
This bill allows a person who holds a no-sale event venue permit issued by the Division of Alcohol Beverages (DAB) in the Department of Revenue to rent property for use as an event venue at which alcohol beverages are consumed at up to 36 events per year, with each event lasting no longer than 36 hours.
Under current law, an owner or other person in charge of a public place may not permit the consumption of alcohol beverages at the public place unless the person has an appropriate retail license. However, there are various exceptions to this prohibition, including for county parks, athletic fields, and churches. Beginning on January 1, 2026, there is also an exception for a person who holds a no-sale event venue permit issued by DAB (discussed further below). Although current law does not define “public place,” beginning on January 1, 2026, for purposes of the prohibition, a public place includes a venue or location that is held out or available to the public to rent for an event or social gathering, not including certain locations such as overnight lodging.
Under current law, beginning on January 1, 2026, DAB may issue a no-sale event venue permit to a property owner authorizing the permittee to rent real property for use as an event venue at which fermented malt beverages (beer) and wine are consumed, but only on six or fewer days per year and not more than one day per month. Subject to certain restrictions, a no-sale event venue permit authorizes the permittee to do any of the following: 1) allow the renter of the event venue to bring the renter’s own beer and wine onto the event venue and serve it to guests without charge; 2) allow the guests of the renter to bring beer and wine onto the event venue to be consumed by the guests without charge; 3) allow the renter to obtain temporary Class “B” and “Class B” licenses for an event held on the event venue and sell beer and wine under the temporary licenses on the event venue; or 4) allow the renter to contract with a caterer for the caterer to provide beer and wine to the renter and guests without charge on the event venue. If the renter contracts with a caterer, the caterer may deliver and serve the beer and wine at the event venue, but service must be performed by bartenders holding an operator’s license. The renter may not allow any person to possess distilled spirits on the event venue. If there are 20 or more people on the event venue, service of beer and wine must be performed by a bartender holding an operator’s license.
This bill allows a person who holds a no-sale event venue permit to rent property for use as an event venue at which alcohol beverages are consumed at no more than 36 events per calendar year, with no monthly limitation. Each event is limited to no more than 36 hours in duration. The bill also allows the consumption of distilled spirits, as well as beer and wine, at an event held under the permit. In addition, if a licensed bartender is required to serve alcohol beverages at an event, a person who holds an operator’s permit issued by DAB satisfies this requirement.
The bill also specifies that the fact that an event venue is a public place for purposes of the prohibition on consuming alcohol in a public place has no effect on whether the event venue is a public or private place for other purposes under law.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB863,1
1
Section
1
.
125.09 (1) (e) of the statutes is created to read:
AB863,2,5
2
125.09
(1)
(e) Whether a venue, location, property, open space, room, or
3
establishment is a public place for purposes of this subsection has no effect on
4
whether it is a public or private place for purposes of ch. 101, any zoning ordinance,
5
or any other provision of law.
AB863,2
1
Section
2
.
125.24 (1) (a) of the statutes, as created by
2023 Wisconsin Act 7
3,
2
is amended to read:
AB863,3,7
3
125.24
(1)
(a) Except as otherwise provided in this section, the division may
4
issue to property owners no-sale event venue permits that authorize the permittee
5
to rent or lease real property for use as an event venue at which
fermented malt
6
beverages and wine
alcohol beverages
are consumed if all requirements under this
7
section are satisfied.
AB863,3
8
Section
3
.
125.24 (1) (d) of the statutes, as created by
2023 Wisconsin Act 73
,
9
is amended to read:
AB863,3,14
10
125.24
(1)
(d) Subject to
par. (f) and
sub. (2) (c) 3., a permit may not be issued
11
under this section for premises that are covered by any other license or permit
12
under this chapter, but a caterer holding Class “B” and “Class B” licenses may
13
deliver
fermented malt beverages and wine
alcohol beverages
to the event venue if
14
all requirements under sub. (2) are satisfied.
AB863,4
15
Section
4
.
125.24 (1) (f) of the statutes is created to read:
AB863,3,21
16
125.24
(1)
(f) If an applicant for a no-sale event venue permit holds a retail
17
license prohibited under par. (d) at the time of the application, the applicant may
18
certify that the applicant will surrender the retail license upon issuance of a permit
19
under this section. If the division issues a permit under this section and the
20
applicant fails to surrender the retail license, the division may revoke under s.
21
125.12 (5) the permit issued under this section.
AB863,5
22
Section
5
.
125.24 (2) (a) of the statutes, as created by
2023 Wisconsin Act 73
,
23
is amended to read:
AB863,4,6
24
125.24
(2)
(a) A no-sale event venue permit authorizes the permittee to rent
1
or lease real property for use as an event venue at which
fermented malt beverages
2
and wine
alcohol beverages
are consumed
on
at
no more than
6 days
36 events
per
3
calendar year
and no more than one day per month
, with each event having a
4
duration no longer than a continuous 36-hour period during which the permittee
5
has rented or leased the event venue to the same renter or lessee for the entire
6
period
.
AB863,6
7
Section
6
.
125.24 (2) (b) 1. of the statutes, as created by
2023 Wisconsin Act
8
73
, is renumbered 125.24 (2) (b).
AB863,7
9
Section
7
.
125.24 (2) (b) 2. of the statutes, as created by
2023 Wisconsin Act
10
73
, is repealed.
AB863,8
11
Section
8
.
125.24 (2) (c) 1. of the statutes, as created by
2023 Wisconsin Act
12
73
, is amended to read:
AB863,4,15
13
125.24
(2)
(c) 1. Allow the renter or lessee of the event venue to bring the
14
renter’s or lessee’s own
fermented malt beverages and wine
alcohol beverages
onto
15
the event venue and serve it to guests without charge.
AB863,9
16
Section
9
.
125.24 (2) (c) 2. of the statutes, as created by
2023 Wisconsin Act
17
73
, is amended to read:
AB863,4,20
18
125.24
(2)
(c) 2. Allow the guests of the renter or lessee to bring
fermented
19
malt beverages and wine
alcohol beverages
onto the event venue to be consumed by
20
the guests without charge.
AB863,10
21
Section
10
.
125.24 (2) (c) 4. of the statutes, as created by
2023 Wisconsin Act
22
73
, is amended to read:
AB863,5,2
23
125.24
(2)
(c) 4. Allow the renter or lessee to contract with a caterer holding
24
Class “B” and “Class B” licenses for the caterer to provide
fermented malt beverages
1
and wine
alcohol beverages
to the renter or lessee and the renter’s or lessee’s guests
2
without charge on the event venue.
AB863,11
3
Section
11
.
125.24 (2) (d) 2. of the statutes, as created by
2023 Wisconsin Act
4
73
, is amended to read:
AB863,5,8
5
125.24
(2)
(d) 2. The caterer may serve the
fermented malt beverages and
6
wine
alcohol beverages
that are provided on the event venue, but service shall be
7
performed only by persons holding an operator’s license under s. 125.17
or
8
operator’s permit under s. 125.175
.
AB863,12
9
Section
12
.
125.24 (2) (d) 3. of the statutes, as created by
2023 Wisconsin Act
10
73
, is amended to read:
AB863,5,14
11
125.24
(2)
(d) 3. The caterer may not provide
fermented malt beverages or
12
wine
alcohol beverages
on the event venue unless the renter or lessee has first
13
purchased the
fermented malt beverages or wine
alcohol beverages
from the caterer
14
in a face-to-face transaction at the caterer’s licensed retail premises.
AB863,13
15
Section
13
.
125.24 (2) (e) 2. of the statutes, as created by
2023 Wisconsin Act
16
73
, is repealed.
AB863,14
17
Section
14
.
125.24 (2) (e) 3. of the statutes, as created by
2023 Wisconsin Act
18
73
, is amended to read:
AB863,5,22
19
125.24
(2)
(e) 3. If there are 20 or more people on the event venue, allow the
20
service of
fermented malt beverages or wine
alcohol beverages
unless the service is
21
performed by a person holding an operator’s license under s. 125.17
or operator’s
22
permit under s. 125.175
.
AB863,15
23
Section
15
. Effective date.
AB863,6,2
1
(
1
) This act takes effect on January 1, 2026, or on the day after publication,
2
whichever is later.
AB863,6,3
3
(end)
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