April_ 2008 Newsletter

April, 2008 Newsletter By Scott Stenger The lead Assembly author of the smoking ban bill Representative Steve Wieckert (RAppleton) and Senate smoking ban supporter Senator Carol Roessler (R-Oshkosh) have The proposed statewide smoking ban bill is announced they will not seek re-election this officially dead as the 2007-08 legislative ses- fall. TLW Member Tim Lakin has indicated sion came to an end on March 13th. The bill he will run for the Roessler seat. Tim is the was introduced by Senator Fred Risser (DPresident of the Fond du Lac County League Madison) and Representative Steve Wieckert and owns The Main Pub in Fond du Lac. He (R- Appleton) – both from communities which can be reached through his email at currently have a local smoking ban. It is no- TJL75@aol.com. table that Risser and Wieckert authored the Smoking Ban Bill Authors: bill as it directly contradicts the ban proponent’s theory that smoking bans help busiSenators: Risser, Roessler, Ellis, Robson, ness. Darling, Coggs, Miller The Wisconsin Restaurant Association Representatives: Wieckert, Richards, Seidel, teamed up with Smoke Free Wisconsin and 29 other special interest groups in an attempt Black, Boyle, Moulton, A. Ott, Parisi, to pass the government mandated statewide Gottlieb, Soletski, Hilgenberg, Berceau, Wasserman, Steinbrink, Pope-Roberts, smoking ban. Despite their best efforts the bill never made it to the floor for a vote in ei- Benedict, Toles ther House due in large part to the strong grassroots lobbying of the Tavern League of SB 116 Signed into Law Wisconsin. Over 1000 TLW Members attended Legislative Day on March 5th and car- The Governor signed SB116 into law. SB116 ried a strong unified message of Wisconsin’s included an amendment to increase the sursmall independent restaurant and tavern charge for SafeRide from $5 to $14.24. The owners opposing the statewide smoking ban. Tavern League worked with Senator Jim Sullivan and Representative Tony Staskunas to In Minnesota efforts are underway to repeal a get this bill passed. The bill will also increase parts of their smoking ban bill because of the the fines and jail time for repeated drunken significant loss of business by Minnesota res- driving offenses. A person who commits his taurants and taverns. The states of Iowa and or her eighth, ninth, or tenth OWI offense is Michigan have not passed statewide smoking guilty of a Class G felony and may be fined bans as their sessions are coming to an end. not more than $25,000 and imprisoned for Some taverns in Minnesota are exploiting a not more than ten years or both. A person loophole in their law which allows for smoking who commits his or her 11th or subsequent in theatrical performances and are hosting OWI offense is guilty of a Class F felony and “plays” to allow patrons to smoke. may be fined not more than $25,000 and imprisoned for not more than 12 years and six months or both. Smoking Ban Bill DEAD! State News: Homeowners liable for acts of drinking minors Public policy does not foreclose liability for accident By David Ziemer neither immune from civil liability, nor were they negligent per se. Section 125.035(2) provides immunity from civil liability “arising out of the act of procuring alcohol beverages for or selling, dispensing or giving away alcohol beverages to another person”. The court found the statute inapplicable, however, because the Niesens did not provide the alcohol for the party. In addition, subsec. (4) (b) of the statute states that subsec. (2) does not apply if the defendant knew or should have known that he was providing alcohol to an underage person. The court thus found that neither the statutory immunity, nor the exception to immunity, applies to this case. Public policy does not bar injured third parties from pursuing negligence actions against adults who permit high school students to drink alcohol on their property, the Wisconsin Court of Appeals held. According to the allegations in the complaint, in 2004, Edward and Julie Niesen allowed a group of high school students to hold a party on their property, knowing that the underage party guests were consuming alcohol, and did not supervise or prevent alcohol consumption on their property. However, the court also found that the Niesens were not negligent per se. Section 125.07(1)(a)(3) provides, “No adult may knowingly permit or fail to take action to prevent Beth Carr was one of the underage drinkers who the illegal consumption of alcohol beverages by attended the party, and while driving while intoxi- an underage person on premises owned by the cated afterwards, she collided with another vehicle adult or under the adult’s control.” occupied by Shannon, Lee, Brooke and Brittney However, the definition of “premises” in Chapter Nichols. 125 is limited to licensed property; thus, the court Carr’s insurance company settled with the Nichols held that the Niesens cannot be negligent per se. for the policy limits, and the Nichols filed a negliCommon Law gence action against the Niesens. Columbia County Circuit Court Judge Richard Rehm disInstead, the court held that the case could promissed the action, and the Nichols appealed. ceed only as a common law negligence claim. The court of appeals reversed, in a decision written by Judge Charles P. Dykman, and joined by Judge Paul B. Higginbotham. Judge David G. Deininger dissented. The court began with a lengthy discussion of duty, ultimately concluding that the Niesens had a duty to refrain from knowingly permitting underage high school students to drink alcohol on their property, and that the complaint sufficiently alleged a breach of that duty. Statutes The court began by finding that the Niesens are Run out of liquor or beer? Wisconsin State Law does not allow Class “B” licensees to purchase beer or alcohol from anyone other that a licensed Wisconsin Wholesaler. While the fines have been lowered for purchasing 12 bottles or less per month from someone other than a Wisconsin Wholesaler, it is still illegal. Q&A Q: If someone was issued an operator's license in one jurisdiction, can it be used in another? For example, a bartender takes a new job at an establishment in a different city whereas his license was issued in a township. A: No. They would have to get a license from the municipality in which they are working. But the license is good throughout the municipality in which it was issued. For example, if I get an operator's license in the City of Madison, I can work at any licensed establishment in the City of Madison (tavern, liquor store, etc); if I want to bartend in the city of Middleton, I would need to get an operator's license from the City of Middleton. National News: Washington State House and Senate Unanimously Pass Interlocks With Governor's Signature, Washington will be the Fifth State in the Nation to Require Interlocks for All Convicted Drunk Drivers OLYMPIA, Wash., On Friday, March 7, Washington moved closer to becoming the first state in 2008 to pass lifesaving legislation requiring all convicted drunk drivers, including first-time offenders, to install an alcohol ignition interlock on their vehicle. H.B. 3254, which passed the Senate by a 47 - 0 vote, will make it more difficult for convicted drunk drivers to drive drunk. Introduced into the state legislature by Rep. Roger Goodman (D-Kirkland), the bill already unanimously passed the House by a 95 0 vote and now moves to Governor Gregoire's desk for a signature. With the bill's passage, Washington is poised to join four other states that require alcohol ignition interlocks for all convicted drunk drivers, including New Mexico, Arizona, Louisiana and Illinois. In New Mexico, there has already been a 25 percent decrease in fatalities from drunk driving since its alcohol ignition interlock law was implemented just a few years ago. "Sadly, Washington lost 225 people to drunk drivers in 2006”, said Judy Eakin, Executive Director of MADD Pacific Northwest. "MADD would like to thank Washington lawmakers for addressing this problem by passing a bill that will make it harder for drunk drivers to drive recklessly on our roadways." In addition to Rep. Goodman, MADD recognizes a number of Washington lawmakers for their efforts in sponsoring and supporting H.B. 3254, including Rep. Pat Lantz (D - Gig Harbor), who was an invaluable champion. An alcohol ignition interlock is a breath test device linked to a vehicle's ignition system used as a condition of probation for drunk driving offenders after their driver's licenses have been reinstated. When a driver wishes to start his or her vehicle, he or she must first blow into the device, but the vehicle will not start unless the driver's alcohol level is below the illegal limit of .08. Studies have shown alcohol ignition interlocks are up to 90 percent effective in keeping both first-time and repeat offenders from recommitting the crime, as long as the interlock is installed on the vehicle. The devices have the potential to save more than 4,000 lives now lost in repeat drunk driving crashes annually. While interlocks are proven to save lives, it is estimated that only one out of eight convicted drunk drivers each year currently has an interlock on their vehicle. Research shows that first-time offenders arrested for drunk driving have driven drunk more than 87 times before their first arrest. In addition, studies estimate that 50 to 75 percent of drunk drivers whose licenses are suspended continue to drive. With the passage of H.B. 3254, these drunk drivers will be required to install an ignition interlock on their vehicle, preventing them from driving drunk and making local roadways safer for Washington families. "Washington lawmakers have taken a critical step forward towards preventing drunk driving deaths using alcohol ignition interlocks," said Glynn Birch, National President of MADD. "Washington is now one step closer to eliminating drunk driving on local roadways." International News: U.K. to Keep 24-Hour Drinking Laws By Kitty Donaldson and Gonzalo Vina March 4 (Bloomberg) -- The U.K. government will keep a law that permits pubs to stay open 24 hours, refusing to bow to pressure from opponents who say the measure led to an increase in drunken violence. Culture Secretary Andy Burnham told Parliament today the government instead will crack down on rowdy bars and stores that sell liquor to people under 18. An eight-month review of the Licensing Act found that crime and alcohol consumption had declined since round-the-clock opening hours were introduced in November 2005. ``Our main conclusion is that people are using the freedoms but people are not sufficiently using the considerable powers granted by the Act to tackle problems,'' Burnham said in a written statement. ``There is a need to rebalance action towards enforcement and crack down on irresponsible behavior.'' The law was relaxed under former Prime Minister Tony Blair in an effort to encourage more measured drinking habits. Previously, most pubs closed at 11 p.m., forcing patrons onto the streets at the same (Continued on page 4) (Continued from page 3) time. Critics including doctors, judges and the main opposition Conservative Party said longer opening hours led to longer drinking sessions and fueled night-time violence. ``The damning evidence against the government's 24-hour drinking policy is overwhelming and comes from all sides,'' said David Davis, the Conservatives' law and order spokesman. Night-Time Violence While violence has fallen over the night time and evening periods, there has been an increase in offenses, including violent crimes, between 3 a.m. and 6 a.m., Burnham said. Premises risk losing their licenses if they ignore warnings to curb violence under a proposed ``yellow card and red card'' alert system, Burnham said. Vendors caught selling alcohol to people younger than 18 twice in three months will lose their license. The current limit is three offenses. Home Secretary Jacqui Smith will propose legislation to increase the maximum fine for people who refuse an order to stop drinking to 2,500 pounds ($4,968) from 500 pounds, Burnham said. Government figures show that at the end of March 2007, there were 5,100 premises in England and Wales with 24-hour licenses, fewer than 4 percent of all premises. They included 3,300 hotel bars, 920 supermarkets and 470 pubs, bars and nightclubs. Suspension Over Sweets (It’s True) What does it take for a school to suspend an eighth-grader, bar his attendance from an honors dinner, and strip him of his post as class Vice President? If you guessed drugs, alcohol or a firearm, think again. A bag of candy is reason enough. This week, a Connecticut school levied these very punishments on an honor student with no history of misconduct, just for buying a bag of Skittles from his classmate. School officials are hiding behind their "Wellness Policy"—which prohibits bake sales, classroom pizza parties, and the sale of candy—as justification for the harsh disciplinary action. Think that sounds over the top? So do a lot of other Americans. An op-ed in The Atlanta Journal Constitution likened many of the recent anti-obesity initiatives in American classrooms to Singapore’s shame-based education system: Their approach has been to single out overweight children, mandate participation in daily strenuous exercise and provide them with fewer “calorie coupons” to spend at lunch than their trimmer peers. Participants are insulted and socially ostracized. Suspension for Skittles isn’t the most absurd idea among recently proposed measures aimed at our love handles. In fact, it doesn’t even make the top five: 1. Legislators in Georgia are attempting to pass a law mandating weigh-ins for school kids. 2. The UK Food Standards Agency has considered plastering dairy products (like cheese and butter) with cigarette-style health warnings. 3. Britain recently instituted a policy instructing teachers to confiscate “junk” food. The strategy is structured around a “Packed Lunch Policy”—an initiative that tells parents what they can and cannot feed their own children. 4. Last month, Palm Beach banned “formula restaurants” (that's regulator-speak for "chains") from opening in the island town. 5. The Foresight report (commissioned by the British government) recently called for overweight kids to be shipped off to government-sponsored fat camps. On Premise Sales 2007 Wisconsin Act 85 (most of which becomes effective October 1, 2008) contains two very important provisions affecting retail sales of alcohol beverages. S. 125.272 and s. 125.51(6) were created and specifically require (with certain very limited exceptions) retailers holding licenses under s. 125.25 (off sale beer), 125.26 (on sale beer) and 125.51 (on and off sale liquor and wine) to make only face-to-face sales to consumers at the licensed premises. For example: (1) A customer phones in an order to a local pizza parlor (that holds a Class B beer license) to have a pizza and a six pack of beer delivered to his home - this sale is prohibited, as the sale was not made face-to-face to the consumer at the licensed premises. (2) A group of college students calls up their local liquor store and asks that 6 half barrels of beer be delivered to their house for a party - this sale is prohibited, as the sale was not made face-to-face to the consumers at the licensed premises. Sales of alcohol beverages are intended to be made at a licensed premise, under public view and scrutiny, where they can be monitored. This has been our interpretation of Ch. 125 for many years. These law changes reinforce this concept. Please join us in La Crosse April 7-10 for our Annual Spring Conference. For the agenda and to register, please see our website at www.tlw.org. Call 800/445-9221 with any questions. ~ A Piece of Wisconsin History ~ 1000 Rounds for the House, Please ~ Wisconsin State Journal, April 1934 Hundreds of federal agents and posse men swarmed through a huge wilderness area today searching for John Dillinger and a half dozen associates after three desperate battles in which two men were killed and four others wounded, one critically. Three girl companions of the gangsters were captured and held incommunicado. The battles, which raged through the dark forest of this resort country, followed 48 hours in which Dillinger and his henchmen had held Emil Wanatka, proprietor of Little Bohemia Lodge, captive in the resort with his wife, his 8 year old son and two employees. More than 50 federal agents and local officers engaged in the three battles, in which the gangsters answered assaults with flaming machine guns, and the attackers literally blasted doors and windows out of two resorts with buckshot and rifle fire…Capture of Dillinger and all of his companions probably was prevented only by the unfortunate exit from the Little Bohemia Resort, at the very moment that 17 federal agents prepared to enter, of three youthful conservation corps workers . Despite shouted orders to halt, the three entered a motor car and started away. Someone among the ambushed federal men opened fire with a machine gun, sweeping the car from front to rear. Eugene Boiseneau, 27, died at the wheel and the car careened into a tree. John Hoffman and John Morris were taken from the wreck, wounded and injured internally. “The radio was playing in the car”, moaned Hoffman, “and then something hit me. I didn’t think anything was wrong before that.” Realizing the error, the agents hastily reformed their lines around the resort. It was learned later that Dillinger, John Hamilton and another gangster had seized the opportunity to flee afoot during the excitement. Other members of the gang, warned, opened such fire that the attackers retreated…The night’s fiasco came after a week of intensive detective work. The Department of Justice officials were believed to hit upon the Little Bohemia Lodge hideaway after questioning numerous persons close to the Dillinger gang. The building was known to be owned by Emil Wanatka, former Chicago night club owner and an intimate of Frankie Lake and other Chicago bootleggers… Reprinted with permission from Badger Bars and Tavern Tales by Bill Moen & Doug Davis; The Guest Cottage Inc., 800/333-8122, www.theguestcottage.com To the family of Norma Slama, formerly of Slama’s in Eastman (Crawford County). Norma and her husband Jack owned Slama’s from 1935-1981 and it is believed they were among the first members of the Tavern League of Wisconsin. She was very active in her community and had many friends in the Tavern League. Norma passed away on March 10. ~ Our Condolences~ On the Lighter Side... Ole and Lena visit New York City. Caught in traffic on East 46th, a homeless person starts washing the windshield. Ole rolls down the window. "Eh how's it going?" the homeless guy says. "Ohhh it's OK. Ole says. "Hey where are you folks from?" "Ohh ve're from Minnesota." "Ohhh Minnesota, I've been there. I met the ugliest woman I ever saw in Minnesota!" Lena asks "Vat's he saying Ole?" "Ohhh he says he knows you Lena." Did you know? The World of Wheels Custom Car Show, held each year at the Wisconsin Exposition Center at State Fair Park, features more than 300 competitive car, bike and truck classics. World of Wheels is the largest producer of indoor custom car shows throughout the US and Canada. It’s the Law… Colorado law requires that wine be sold in containers of at least 24 ounces and spirits in containers at least a fifth of a gallon. But, at the same time, it also decrees that no alcohol beverage can be stored in hotel minibars in anything larger than miniature containers. Drinking long enough will cause a person to become alcoholic. Myth : Facts of Golf: “I have a tip that can take five strokes off anyone’s game - it’s called an eraser.” ~ Arnold Palmer Fact : There is simply no scientific basis for this misperception, which appears to have its origin in temperance and prohibitionist ideology. Football Mania Football Mania tickets for the 2008 NFL Season will be available at the Spring Conference in La Crosse. For those of you wishing to participate, please contact your league president or the state office. Remember, this is a major fundraiser for our foundation, the charity arm of the TLW, and your promotion of Football Mania is greatly appreciated. Membership Corner Wood County Tavern League March 31, 2007 March 31, 2008 96 Members 103 Members Good Job! Professional Food Managers Original & Recertification Courses April, 2008 Schedule Registration available On-line at www.tlw.org Original Course 9:00 AM - 4:00 PM ~ Check-in at 8:30 AM Member Cost $95 Non-Member Cost $125 ~~~~~~~~~~~~~~~~ Recertification Course 9:00 AM - Noon ~ Check-in at 8:30 AM DATE SITE ADDRESS LOCATION La Crosse Green Bay Hudson Janesville Eau Claire Madison Milwaukee (1:30 - 7:30 PM) Recert (1:30 - 4:30 PM) Rhinelander Wisconsin Dells Kenosha 04/07/08 Mon 04/07/08 Mon 04/21/08 Mon 04/21/08 Mon 04/22/08 Tue 04/23/08 Wed 04/28/08 Mon 04/28/08 Mon 04/29/08 Tue 04/29/08 Tue Radisson Hotel Regency Suites Best Western Hudson House River's Edge Bowl Plaza Hotel & Suites Coliseum Bar Kelly's Bleachers Holiday Inn Express Holiday Wholesale Building Brat Stop / Parkway Chateau 200 Harborview Plaza 333 Main Street 1616 Crest View Drive 215 S River Street 1202 W Clairemont Ave 232 E Olin Ave 5218 W Bluemound Rd 668 W Kemp Street 225 Pioneer Drive 12304 75th Street For more information or to register for any of the classes, please contact Cindy Roehl at: 1-800-445-9221. Class sizes are limited so please call to reserve yourself a place. In order to attend the recertification course you MUST have a valid ID# assigned by the State of Wisconsin. This is located on your tan and brown State of Wisconsin Restaurant Manager Certificate. If you are not sure of your number please call the Health and Family Services Department at (608) 266-2835. Classes with less than 10 people registered may be cancelled . Visit the Tavern League website at www.tlw.org Login for members: cocktail 2008 Calendar Raffle Winners … Winners will also be posted on our website (www.tlw.org). Due to the success of the calendar raffle, local Leagues are eligible for $1500 in matching funds for their favorite charity in the upcoming year. February 21 ($100) - Randy Palmer, Random Lake, WI February 22 ($200) - Patricia Michel, Franksville, WI February 23 ($200) - Pete Hubbard, Withee, WI February 24 ($200) - Tom Welsing, Abrams, WI February 25 ($200) - Aaron Wilz, Menasha, WI February 26 ($100) - Thomas Walentoski, Mt Calvary, WI February 27 ($300) - Shelly Servais, Coon Valley, WI February 28 ($100) - Barry Hack, Superior, WI February 29 ($500) - Karry Basty, Oakfield, WI March 1 ($1000) - Jerry N Wucinski, West Allis, WI March 2 ($200) - John R Young, Rhinelander, WI March 3 ($200) - Kallie Housum, Appleton, WI March 4 ($100) - Patrick L Meyer, Dubuque, IA March 5 ($300) - Paul T Andre, Independence, WI March 6 ($100) - Lois DuMont, Menominee, MI March 7 ($200) - Becky Olde, Montello, WI 53949 March 8 ($200) - Joan Reed, Phillips, WI March 9 ($200) - David Lishia, Salisbury, PA March 10 ($200) - John Krause, Burlington, WI March 11 ($100) - Karlyn Fiefke, Iron River, WI March 12 ($300) - Jerry Prokop, Centuria, WI March 13 ($100) - Alan R Skibba, Mukwonago, WI March 14 ($200) - Kerry Casey, St Paul, MN March 15 ($1000) - Caren Conery, Rhinelander, WI March 16 ($200) - Robert Baierl, Wisconsin Rapids, WI March 17 ($1000) - Beverly L Meyer, Eau Claire, WI March 18 ($100) - Misty Evans, Fox Lake, WI March 19 ($300) - Joyce Turner, Mondovi, WI March 20 ($100) - Wilma E Ennis, Reedsburg, WI Drawings are done daily at Noon in the Tavern League of Wisconsin Madison Office. April 4-6 5 Waushara County Bowling Tournament, Lambeaul Lanes, Redgranite, $100 per 5 person team Eau Claire County Spring Fling, The Plaza Hotel and Suites, Eau Claire ~7 PM Great food - Games - Raffles - Dance - Possible Auction, Special Room Rate 7-10 TLW Spring Conference & Trade Show, La Crosse Radisson & La Crosse Convention Center 11-13 Waushara County Bowling Tournament, Doggers, Wautoma $100 per 5 person team 12 Chippewa County Dinner Raffle, White Pine Pavilion, Bloomer, Tickets $50, includes Dinner, Beer, Pop, dancing and entry into the raffle, only 200 tickets sold, Top prize $1000 18-20 3rd District Pool Tourney, Monroe County Fairgrounds, Tomah call Art Ekern at 608/782-6622 or Greg Smith at 608/562-3704 24 Outagamie County Banquet, Starlite Club, Kaukauna 25-27 Langlade County Annual Traveling Mini-Golf Tournament May 3 5 5 5 6 8 12 12 19 19 Juneau County ATV Poker Run Calumet County Spring Banquet, Eagles Club, Chilton Marathon County Spring Fling, tentative date Shawano County Spring Banquet, Hunter's Haus, Shawano Dodge County Public Relations Banquet, Waukesha County Golf Outing Marquette County Golf Outing, White Lake Country Club, Montello Shotgun Start at 11 AM, $50 per person, includes: Cart, Flag Prizes, Dinner Sheboygan County Spring Banquet Dodge County Golf Outing 1st & 9th District Golf Outing, Hawk's View Golf Club, Lake Geneva Please confirm dates and times before traveling. Secretaries should use submission forms for entries in calendar You might live in Wisconsin If: "Vacation” means going up north past Hwy 8 for the weekend. Beer is proof that God loves us and wants us to be happy. ~ Benjamin Franklin Tavern League of Wisconsin 2817 Fish Hatchery Road Madison, WI 53713-5005 (800) 445-9221 – (Member Services) email: info@TLW.org Prsrt Std U.S. Postage PAID Madison WI Permit No. 2833