FRONT RAIL ANSWERS TO SOME OFTEN ASKED QUESTIONS BY PETE MADLAND, TLW EXECUTIVE DIRECTOR
Each day I get several phone calls from members with a wide range of questions. While many members use the TLW’s “800” number, many more do not, so I thought I would list some of my most frequently asked questions and answers for the benefit of all of our readers. Some of the answers you probably know already, while some may surprise you.
Q: CAN I SERVE 18, 19 AND 20 YEAR OLDS IF THEY ARE WITH THEIR PARENTS OR LEGAL GUARDIAN?
Attempts were made to make this practice legal, it met with too much resistance out of fear of loss of tax revenue. However, we were successful in getting the penalty lessened from a felony and a $10,000 fine down to a fine “of not more than $100.” Beware: if you choose to buy more than 12 liters in one month and you get caught, the fine cannot be less than $1,000 but not more than $10,000.
Q: CAN A CUSTOMER BRING A BOTTLE OF THEIR FAVORITE WINE INTO MY RESTAURANT AND DRINK IT FOR A FEE?
A: Chapter 125.07(1) No person may procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
A: No. Chapter 125.32(6) (6) LIMITATIONS ON BEVERAGES ON WHOLESALE AND RETAIL PREMISES. (a) Except as provided in s. 125.33 (2) (o) or (12) or 125.70, and subject to par. (c), no person may possess on the premises covered by a retail or wholesale fermented malt beverages license or permit any alcohol beverages not authorized by law for sale on the premises.
The confusion comes because many people, including some law enforcement, think the statute refers to minors. Minors are, in fact, individuals under the age of 18. You will notice the statute uses the term “underage,” not minor. Underage refers to anyone under the legal drinking age of 21.
Some members feel this is legal as long as they charge “corkage,” that is a fee charged the customer to serve the customer’s own bottle. While this may be legal in some states, it is not legal in Wisconsin. The bottom line is that any alcohol served in your establishment must be purchased from a licensed wholesaler by the licensee.
So the answer to this often asked question is “yes” you may serve 18, 19 and 20 year olds if they are with a parent, guardian or spouse who has attained the legal drinking age.
Q: WHAT IS THE LEGAL AGE TO TEND BAR?
Q: CAN I PURCHASE UP TO 12 BOTTLES PER MONTH OF LIQUOR FROM A “CLASS A” ESTABLISHMENT (LIQUOR STORE) OTHER THAN A WHOLESALER HOLDING A PERMIT WITHOUT PENALTY? A: “No”. Chapter 125.69(6) (a) (b) (c) (6) CAMPUSES AND RETAILERS TO PURCHASE FROM PERSONS HOLDING PERMITS. (a) No campus or retail licensee or permittee may purchase intoxicating liquor from, or possess intoxicating liquor purchased from, any person other than a wholesaler holding a permit under this chapter for the sale of intoxicating liquor. (b) Any person who violates par. (a), if the total volume of intoxicating liquor purchased or possessed by that person in one month is 12 liters or less, may be required to forfeit not more than $100. A person who purchases or possesses more than 12 liters of intoxicating liquor in one month in violation of par. (a) shall be fined not less than $1,000 nor more than $10,000. (c) Notwithstanding par. (b), a “Class B” licensee who purchases intoxicating liquor from a “Class A” licensee for resale or who possesses intoxicating liquor purchased from a “Class A” licensee for resale may be fined not more than $100.
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A: While this may seem like an obvious question it requires an explanation. The answer to the question is that a person needs to be 18 years or older to tend bar. Some owners think that their children or relatives are exempt from this age restriction; that is not true. Also, while minors may not sell, dispense or serve alcohol they may handle alcohol. This allows minor employees to stock coolers, shelves or clear tables where alcohol may be present.
Q: IF I ALREADY PAY ASCAP FOR MUSIC LICENSING, DO I ALSO HAVE TO PAY BMI? A: Yes. While the two music licensing PRO’s (Performing Rights Organizations) cover over 90 percent of the licensed writers and performers, they do not cover the same writers and performers. Artists are not allowed to belong to more than one PRO, so for instance: Willie Nelson may belong to ASCAP, Waylon Jennings may belong to BMI. So to fully cover all of the music you play at your establishment you must join both. Please note that if your only source of music is your jukebox, your vendor pays a fee to cover you with all of the music licensing entities. As I said, these are a few of the more common questions I receive on a weekly basis. If you have any industry-related question you would like answered, please feel free to give me a call. If I don’t know the answer, I will try my best to get it for you. TLW www.tlw.org