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Thread: So you could OC at an event that serves Beer!

  1. #1
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    Exclamation So you could OC at an event that serves Beer!

    CHAPTER 33 City Ordinance Code Book Green Bay.
    (a) Class "A" (Beer) License. Authorizes retail sales of fermented malt beverages in original packages, containers, and bottles for consumption off the premises where sold.
    (b) "Class A" (Liquor) License. Authorizes the retail sale of intoxicating liquor in original packages, containers, and bottles for consumption off the premises where sold.
    http://www.ci.green-bay.wi.us/codebook/chp33.pdf
    Further more: (c) Class "B" (Beer) License. Authorizes retail sales of fermented malt beverages to be consumed whether on or off the premises where sold. (d) "Class B" (Liquor) License. Authorizes the retail sale of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. Wine, however, may be sold for consumption off premises in original package or otherwise in any quantity
    Like at Festivals, Fairs and such.
    Last edited by qball54208; 08-27-2010 at 11:15 PM. Reason: had to includea full link, no WIKI crap!

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    Quote Originally Posted by qball54208 View Post
    CHAPTER 33 City Ordinance Code Book Green Bay.
    (a) Class "A" (Beer) License. Authorizes retail sales of fermented malt beverages in original packages, containers, and bottles for consumption off the premises where sold.
    (b) "Class A" (Liquor) License. Authorizes the retail sale of intoxicating liquor in original packages, containers, and bottles for consumption off the premises where sold.
    http://www.ci.green-bay.wi.us/codebook/chp33.pdf
    Doesn't serve imply sold and consumed on the premises? Class "A" sells for consumption off the premises where sold.

  3. #3
    Regular Member grinner's Avatar
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    We can OC where alcohol is sold. Just not sold and consumed Class B license premises.

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    Regular Member BROKENSPROKET's Avatar
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    NO! Not by the letter of the law, but I have. I OC'd at a tractor pull and beer was being sold. I even spoke breifly with an LEO on the grounds. No issue.

    Also, I do not think that the prior permission exception cannot apply to EVENTS as the Class B liscense is a temporary liscense that are issued to organizations, not businesses.

    I am sure someone will be by to clarify.

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    Why bother. Some wageslave will pontificate without reading or comprehending.

    http://www.legis.state.wi.us/statutes/Stat0125.pdf
    Quote Originally Posted by Wisc. Stats.
    125.26 Class B licenses. (1) Every municipal governing body may issue Class B licenses for the sale of fermented malt beverages from premises within the municipality and may authorize an official or body of the municipality to issue temporary Class B licenses under sub.
    125.27 issues permits to certified clubs.

    The fornicating statutes are there for all to read and heed! The law abides the law abiding only.

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    Quote Originally Posted by BROKENSPROKET View Post
    NO! Not by the letter of the law, but I have. I OC'd at a tractor pull and beer was being sold. I even spoke breifly with an LEO on the grounds. No issue.

    Also, I do not think that the prior permission exception cannot apply to EVENTS as the Class B liscense is a temporary liscense that are issued to organizations, not businesses.

    I am sure someone will be by to clarify.
    Now that's exactly what my point is!

  7. #7
    Regular Member paul@paul-fisher.com's Avatar
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    Quote Originally Posted by BROKENSPROKET View Post
    NO! Not by the letter of the law, but I have. I OC'd at a tractor pull and beer was being sold. I even spoke breifly with an LEO on the grounds. No issue.

    Also, I do not think that the prior permission exception cannot apply to EVENTS as the Class B liscense is a temporary liscense that are issued to organizations, not businesses.

    I am sure someone will be by to clarify.
    I guess what is your point? I speed in the presence of LEO's and sometimes I don't get a ticket. It's still illegal. Just because you got away with it doesn't mean anything. The law is quite clear. If you want to open yourself up for citation/arrest, more power to you.

    941.237 states
    Whoever intentionally goes armed with a handgun on any premises for which a Class “B” or “Class B” license or permit has been issued under ch. 125 is guilty of a Class A misdemeanor.
    There are several exceptions, but the only one most of 'us' would fit under is 941.237(3)(g)
    The possession or use of a handgun on the premises if authorized for a specific event of limited duration by the owner or manager of the premises who is issued the Class “B” or “Class B” license or permit under ch. 125 for the premises.
    There are no exemptions for 'temporary' events. Go read it yourself at http://www.legis.state.wi.us/statutes/Stat0941.pdf
    Last edited by paul@paul-fisher.com; 08-28-2010 at 03:27 PM. Reason: Fixed formatting.

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    Regular Member BROKENSPROKET's Avatar
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    Quote Originally Posted by paul@paul-fisher.com View Post
    I guess what is your point? I speed in the presence of LEO's and sometimes I don't get a ticket. It's still illegal. Just because you got away with it doesn't mean anything. The law is quite clear. If you want to open yourself up for citation/arrest, more power to you.
    Yup, more power to me. But that was not my point. I stated that one cannot by the letter of the law.



    Quote Originally Posted by paul@paul-fisher.com View Post
    941.237 states There are several exceptions, but the only one most of 'us' would fit under is 941.237(3)(g)

    There are no exemptions for 'temporary' events. Go read it yourself at http://www.legis.state.wi.us/statutes/Stat0941.pdf
    Don't you mean 'temporary licenses'.

    To clarify, I do not believe that 941.237(3)(g) can apply to licenses issued under 125.26(6).

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    Your statement is clear. The logic to that conclusion is not. Please explain.

    Quote Originally Posted by Wisc. Stats.
    941.237(3) Subsection (2) does not apply to any of the following:
    [ ... ]
    (g) The possession or use of a handgun on the premises if authorized for a specific event of limited duration by the owner or manager of the premises who is issued the Class “B” or “Class B” license or permit under ch. 125 for the premises.
    Quote Originally Posted by Wisc. Stats.
    125.26 Class “B” licenses.
    [ ... ]
    (6) Temporary Class “B” licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least 6 months before the date of application and to posts of veterans organizations authorizing the sale of fermented malt beverages
    at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The amount of the fee for the license shall be determined by the municipal governing body issuing the license but may not exceed $10. An official or body authorized by a municipal
    governing body to issue temporary Class “B” licenses may, upon issuance of any temporary Class “B” license, authorize the licensee to permit underage persons to be on the premises for which the license is issued. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of fermented malt beverages from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of fermented malt beverages from the stands while the fair is being held.
    I don't see the differentiation between business and organization.
    Last edited by Doug Huffman; 08-28-2010 at 06:27 PM.

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    Deep thoughts by ME

    Similarly to LEO, we as OC'ers use discretion as well. Just because you are not adhering to a Law, does not mean that you can be "busted". Some LEO's do see situations for what they are.
    I mean I blew past an un marked squad car one time on the Interstate, ( yupper, just once) doin 85+. He sped up to my vehicle ( to run my plate) I slowed down to 75, he stayed w/ me for about a mile and then backed off. As my plate came back clean, he decided not to initiate a traffic stop. I am not bragging, just giving a real world assessment. As for speeding you either get lucky or get caught, my days are numbered!
    Even though you are walking a fine line, acting and carrying yourself in a manner befitting a reasonable and responsible adult is a good idea. Not walking about all cocky and ****, acting like a normal human being.
    As an old timer once said to me, "you dictate how people will treat you" How true!

  11. #11
    Regular Member BROKENSPROKET's Avatar
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    Quote Originally Posted by Doug Huffman View Post
    I don't see the differentiation between business and organization.
    Here is my logic, Doug.

    I don't see a direct differentation either, but all the orginizations listed under 125.26(6) are not privately owned so one could argue that there is no 'owner or manager' as described in 941.237(3)(g). The organizations have Boards and such permission would have to be granted during a board meeting under Roberts Rules and recorded in the minutes, if they even could give such permission.

    But more clearly, under 941.237(3)(g), 'Temporary Class "B" license' or 'Temporary "Class B" license is not listed.
    Last edited by BROKENSPROKET; 08-28-2010 at 07:46 PM.

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    Who is issued the license to a non-business, but a an agent of the managing and/or proprietary board? Even IIRC that is the label for the signature line on the license - see Town Law Forms.

    Robert's Rules are not in any way significant. Rules of parliamentary procedures are not specified or mandated by statute. Minutes of a non-governmental body are not required under Chapter 19.

    The whole of Chapter 125 is listed in 941.237(3)(g) and "temporary" is not excepted.

  13. #13
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    Just like Brokensprocket, I too have carried at a few "events". Problem is, I was at one that the "event" basically involved the entire town. There was crap for the fair setup all over the place and no specific "beer tent". Does this mean then that I lose my right to carry anywhere in that town in a situation like this?

  14. #14
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    Depends on premises covered as described on the permit/license.

    I think the lesson to be taken from this confabulation is for us that deal in alcohol licenses, applying/permitting, to be more careful in the description of the licensed premises. I'll not just use the AmLegion post address again but describe more precisely the permitted premises.

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