Wisconsin Alcohol Laws FAQ (2023)

As part of the Wisconsin Legislature, there are rules that govern the process of selling and serving alcoholic beverages. To purchase training, visitWisconsin Bartender License. This is a list of questions and answers forWisconsin Alcohol Laws. ThoseFAQs are based on rules, regulations and lawson the sale/service of alcohol delineated fromsections 125.68 and 125.51&Publication 302.

WHEN:Does Law 125.68(4)(c)(3) prohibit an establishment from selling alcoholic beverages in plastic cups and allow you to leave the premises?
A:No, that law only prohibits the sale of alcohol in its original packaging for takeout (ie, a bottle of wine cannot be purchased at a restaurant for takeout).
Laws. 125.51(3)(a) and (b) requires alcohol to be sold and consumed in licensed establishments, which means that alcoholic beverages cannot be sold in to-go containers for consumption elsewhere.

WHEN:If I lost my license to serve alcoholic beverages after completing theWisconsin Alcohol Service CourseWho do I contact for a replacement?
A:To receive a replacement, you will need to contact the vendor who contacted the class or obtain a copy from the county that issued the license. Do not contactwisconsin alcoholand Tobacco Compliance, as they do not maintain training or licensing records forResponsible Beverage Server Courses.

WHEN:If a minor person, any person under the age of 21,accompanied by a parent or guardian over the age of 21, can alcohol be served?
A:Yes, if a person under the age of 21 is accompanied by a parent or guardian over the age of 21, alcohol may be served/sold/consumed

WHEN:If a minor can be served and drink alcohol at a bar in Wisconsin as long as they are accompanied by a parent or guardian, do the minor and/or parent or guardian need to be Wisconsin residents?
A:No, the law applies to anyone who drinks at a Wisconsin licensed drinking establishment.serve alcohol.

WHEN:Does this same law, which allows a minor to drink, apply if the minor is at home with a parent or guardian?
A:Yes, if the minor is with parents of legal age, then the minor can consume alcoholic beverages.

WHEN:If a minor is between 18 and 20 years old and therefore is not a minor, is it true that they can no longer drink or be served even if they are accompanied by their parents and that only those under 18 years of age can drink with their parents?
A:No, alcoholic beverages can be served/consumed to minors as long as they are accompanied by their parents, regardless of the age of the minors.

WHEN:Can designated drivers under the age of 21 be on the premises of a bar?
A:Yes, a designated driver under the age of 21 can be on site, but must be with a parent, guardian, or spouse who is of legal drinking age.

WHEN:Is it true that 24 hours before your 21st birthday you can legally buy and consume alcohol?
A:No, you cannot legally drink/purchase alcoholic beverages or be in Class B facilities (with some exceptions) until you are 21 years old.

WHEN:Are there laws or regulations that prohibit patrons from bringing their children into a bar while drinking?
A:There is no state law on alcoholic beverages (if accompanied by a parent or guardian of legal drinking age, anyone under the legal drinking age may enter a bar), but individual household policy may prohibit it.

WHEN:When a bar closes, no alcohol can be served and everyone must leave, who can stay after closing time?
A:Only bona fide employees performing job functions are permitted on the premises after closing hours.

WHEN:In the state of Wisconsin, can funeral homes/salons obtain liquor licenses?
A:Probably not, in order to obtain a Class B liquor license, the premises must meet the sanitation requirements for restaurants, s. 125.68(5). In addition, they cannot obtain a Class B liquor license without also owning a Class B beer (s. 125.51(3)(f)). There are prohibitions on the types of businesses allowed in Class B facilities: funeral homes are not among the permitted businesses.

WHEN:If I have a person who runs a winery and sells wine, does the person selling the wine have to have an operator's license if the owner is not present?
A:If the sale is under the winery's retail license (Class A or Class B), the person selling the wine must have an operator's license or be 18 years of age or older and work under the immediate supervision of someone who has an operator's license. , this is the same requirement as any retailer that makes sales.

WHEN:What time should bars close on the day that daylight saving time begins and the day it ends?
A:Section 175.095(2), Wisconsin. Stats., states that daylight saving time begins at 2:00 a.m. m. on the second Sunday in March and ends at 2:00 a.m. m. on the first Sunday in November. As such, clocks are moved forward one hour at 2:00 am on the second Sunday in March. Thus, the taverns would close at 3:30 a.m., summer time, on this date. On the first Sunday in November, clocks are turned back one hour at 2:00 am; bars get an extra hour and must close at 2:30 a.m. m., Central Standard Time.

WHEN:Can an individual tavern owner take a resale certificate to a grocery store and purchase duty-free alcohol/beer if the tavern runs out of an item?
A:No; As a licensed retailer, you may only purchase (and possess on your licensed premises) alcoholic beverages (spirits, wine, fermented malt beverages) from licensed Wisconsin wholesalers. The same goes for buying cigarettes. You can only buy from a Wisconsin dealer.

WHEN:If a resident wants to hold a wedding and reception at their home, they can get a picnic license to sell beer at the wedding reception, as they feel having free beer can lead people to irresponsibility.
A:There are no provisions for a picnic license, except for bona fide clubs, etc. Suggest to the resident that they stop serving free beer at a certain time of night and instead serve coffee, water, and other non-alcoholic beverages.

WHEN:Is it state law that people I'm with are stamped, just like me, when they buy alcohol at a store?
A:No, it is not a state law, but it may be an internal policy that some stores identify all persons when a person purchases alcoholic beverages.

WHEN:When selling malt beverages, are they considered beer? And if so, they can be sold after 9 pm. in my store?
A:Malt fermented beverages are considered beer. Check your retail license, if it says "For sale of fermented malt beverages" you may sell those products. If you have a Class A Fermented Malt Beverage license, you may sell it until midnight, unless restricted by city ordinance. If the product is wine-based, you must have a liquor or wine license to sell them, and if the product is wine, it cannot be sold after 9pm. if you have a Class A liquor license.

WHEN:Can someone who has a cocktail license and is 20 years old close a bar at night if they are alone?

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

WHEN:Do you need a liquor license to sell liquor-filled candy?
A:No. The sale of alcoholic beverage-filled candy is illegal in the state of Wisconsin. Confectionery products containing more than 0.5% alcohol are considered adulterated and will be withdrawn from sale. These products may not be sold in liquor stores or anywhere else.

WHEN:Are there educational or culinary exemptions for alcohol tasting by students ages 18-20? I worked at universities in New York, Michigan, and North Carolina and they all had this exemption, along with most other states.
A:There is no such exemption under Wisconsin law, the facility must be licensed, and regular drinking age laws apply.

Learn more about Wisconsin alcohol laws by visiting ourWisconsin Bartending License Online Course