Can I Get a Liquor License and Not Use It?

Full question:

Can an individual pay for a liquor license and not use it? But instead use it as a means to attract business for his financial Real estate gain?

• Category: Licenses
• Subcategory: Liquor
• Date: 04/07/2025
• State: Wisconsin

Answer:

Any person, sole proprietorship, partnership, limited liability company, corporation or association who wants to handle liquor at the wholesale level in Wisconsin must obtain a permit from the Wisconsin Department of Revenue. Persons wanting a beverage permit must hold a Business Tax Registration BTR)Certificate.

The BTR certificate and liquor permits are valid until canceled by the permittee or revoked by the Department. A license may be revoked if there are false statements made in applying for the license. The answer will depend on all the circumstances involved, such as whether there are any misrepresentations being made.

Persons who want to obtain a beverage permit or license from the Department of Revenue should also contact their municipal clerk to see if there are any licenses they must obtain from the municipality. Persons who are responsible for paying the liquor tax must have security (e.g., cash, bond) on file with the Department. The amount of security is equal to twice the person's estimated maximum monthly liquor tax but not less than $1,000 nor more than $100,000. The distilled spirits tax (plus fee), cider and wine taxes are remitted with a monthly return, the Wisconsin Distilled Spirits, Cider and Wine Tax Return (Form AB-130) [sec. 139.06(1)(c), Wis. Stats.].

For additional assistance with business-related license, permit and registration information please email the Department of Commerce's Business Development Assistance Center at MT@commerce.state.wi.us or phone them at 1-800-HELP-BUS(iness) (1-800-435-7287).

Please see the following WI statute:

125.17 Issuance of operators' licenses.

(1) Authorization. Every municipal governing body shall issue an
operator's license to any applicant who is qualified under s. 125.04
(5). Operators' licenses may not be required other than for the
purpose of complying with ss. 125.32 (2) and 125.68 (2). Operators'
licenses may be issued only upon written application.

(2) Validity. Operators' licenses are valid only within the issuing
municipality.

(3) Fee. The municipal governing body shall establish by ordinance a
fee for the operator's license. Except as provided under sub. (4), a
license shall be valid for one or 2 years, as determined by the
municipal governing body, and shall expire on June 30, except in 1st
class cities the license shall expire on December 31.

(4) Temporary license. Any municipal governing body may issue a
temporary operator's license under the terms of subs. (1) to (3),
except that:

(a) This license may be issued only to operators employed by, or
donating their services to, nonprofit corporations.

(b) No person may hold more than one license of this kind per year.

(c) The license is valid for any period from one day to 14 days, and
the period for which it is valid shall be stated on the license.

(5) Provisional license.

(a) 1. A municipal governing body that issues operators' licenses
shall issue provisional operators' licenses. Subject to subd. 2., the
municipal governing body may by ordinance establish standards under
which provisional licenses shall be issued and shall by ordinance
designate the municipal official having authority to issue them.

2. Subject to pars. (b) to (e), a municipal governing body that issues
operators' licenses shall issue a provisional operator's license to a
person who, at the time of application for an operator's license under
sub. (1) and payment of the fee under sub. (3), files a certified copy
of a valid operator's license issued by another municipality.

(b) A provisional license may be issued only to a person who has
applied for an operator's license under sub. (1). A provisional
license may not be issued to any person who has been denied a license
under sub. (1) by the municipal governing body.

(c) The municipal governing body shall establish the fee for a
provisional license. The fee may not exceed $15.

(d) 1. Except as provided in subd. 2., a provisional license expires
60 days after its issuance or when a license under sub. (1) is issued
to the holder, whichever is sooner.

2. A provisional license issued under par. (a) 2. expires as provided
under subd. 1. or upon expiration of the operator's license issued by
another municipality and filed under par. (a) 2., whichever is sooner.

(e) The official who issued the provisional license may revoke the
license if he or she discovers that the holder of the license made a
false statement on the application or, if the provisional license is
issued under par. (a) 2., if the official determines that the
operator's license issued by another municipality and filed under par.
(a) 2. is not valid or upon denial of the person's application for an
operator's license under sub. (1).

(6) Training course.

(a) Except as provided in par. (b), no municipal governing body may
issue an operator's license unless the applicant has successfully
completed a responsible beverage server training course at any
location that is offered by a technical college district and that
conforms to curriculum guidelines specified by the technical college
system board or a comparable training course, which may include
computer-based training and testing, that is approved by the
department or the educational approval board, or unless the applicant
fulfills one of the following requirements:

1. The person is renewing an operator's license.

2. Within the past 2 years, the person held a Class "A", "Class A" or
"Class C" license or a Class "B" or "Class B" license or permit or a
manager's or operator's license.

3. Within the past 2 years, the person has completed such a training
course.

(b) A municipal governing body shall issue a provisional operator's
license to a person who is enrolled in a training course under par.
(a) and who meets the standards established by the municipality by
ordinance, if any. The municipal governing body shall revoke that
license if the applicant fails successfully to complete the course in
which he or she enrolls.

(c) No municipal governing body may require that applicants for
operators' licenses undergo training in addition to that under par.
(a) but may require applicants to purchase at cost materials that deal
with relevant local subjects not covered in the course under par. (a).