mmditter said:
In Wisconsin we have some of the least restrictive beer and liquor laws around, but that does not mean we are immune to some dumb ones. Not too many years ago they decided that no take-out liquor could be sold after 9 P.M. (you can still drink it in a bar or restaurant after 9. You just can't buy it and take it with you). Now, how that helps anyone is beyond me.
Actually in Wisconsin, local municiplaties control the specific time that alcohol can be sold. So, if a few years ago the laws changed in Milwaukee, then you need to looka t yoru local elected officals because it's their fault. The state cuts it off a midnight, but municipalities can elect to make that time earlier.
For instance, Madison stops take out alcohol at 9pm. However, Maple Bluff, a Madison suburb, has no local ordinance, therefore the one liquor store in MB can sell till midnight.
The time of cutting off take out sales can have a direct impact not on people's drinking but on the problems that LEO see related to late night drinking. At least that's the theory. It won't stop a chronic alcoholic but when that party that was just going to be 'a couple of the guys' turns into a 40 person boozefest by at 10pm-- well, they won't be acquiring any beer in Madison so the odds are that the party will wind down quickly.
The state also allows for bars to sell carry out, although again, local municipalities often place specific restrictions on bars to prevent that.
The reasoning behind cutting off the time to carry out to before the time that bars close is also reasonable, although not usually practically enforced. The idea is is that technically at a bar in Wisconsin, the bartender (the person with the license to permit service of opened alcohol over the bar) and by extension any person who serves alcohol in the facility (one license holder can 'supervise' several unlicensed persons who serve) is responsible for the behavior and consumption levels of the patrons. This means that people drinking in bars are less likely to get into trouble because their behavior is being monitored by a 3rd party.
In fact the last time I was licensed and I don't think this has changed, it is finable offense for a bartender or his agents to serve alcohol to anyone who is intoxicated. The concept is to allow for a measure of control outside the 'impaired' individual.
This fine is in additon to penalties against the person that holds the FACILITY license-- there are 2 service licenses required to operate a bar. The first is for the facility and it defines what areas you can serve in and what you can serve (carry out or open container) and the holder of this license (it is tied to the location AND a specific person) is held responsible for the entire facility and all bartenders in the facility). You also are required to have a licensed bartender on premise when any service is going on. The person who holds the facility license can be different than the bartender license but they do not have to be.
Please note I am merely clairifying the laws here not stating my own opinions or saying that I agree with the reasoning.