Wisconsin Statutes
Wis. Stat. § 125.10 (2026)
Municipal regulation
✓ current as of July 2026
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125.10(1)(1) Authorization. Any municipality may enact regulations incorporating any part of this chapter and may prescribe additional regulations for the sale of alcohol beverages, not in conflict with this chapter. The municipality may prescribe forfeitures or license suspension or revocation for violations of any such regulations. Regulations providing forfeitures or license suspension or revocation must be adopted by ordinance. Any municipality may, by ordinance, regulate contests, competitions, or other events for the exhibition, demonstration, judging, tasting, or sampling of homemade wine or fermented malt beverages.
125.10(2)(2) Regulation of underage persons. A municipality or a county may enact an ordinance regulating conduct regulated by s. 125.07 (1) or (4) (a), (b) or (bm), 125.085 (3) (b) or 125.09 (2) only if it strictly conforms to the statutory subsection. A county ordinance enacted under this subsection does not apply within any municipality that has enacted or enacts an ordinance under this subsection.
125.10(3)(3) Zoning. Except as provided in s. 125.68, this chapter does not affect the power of municipalities to enact or enforce zoning regulations.
125.10(4)(4) Regulation of closed retail premises. A municipality may not prohibit the permittee, licensee, employees, salespersons, employees of wholesalers issued a permit under s. 125.28 (1) or 125.54 (1); employees of permittees under s. 125.295 with respect to the permittee’s own retail premises; or service personnel from being present on premises operated under a Class “A”, “Class A” or “Class C” license or under a Class “B” or “Class B” license or permit during hours when the premises are not open for business if those persons are performing job-related activities.
125.10(5)(a)(a) A municipality may, by ordinance, prohibit the consumption of fermented malt beverages by passengers on a commercial quadricycle within the municipality.
125.10(5)(b)(b) Notwithstanding sub. (1), an ordinance enacted before January 1, 2014, regulating the possession or consumption of open containers of alcohol beverages in public places may not prohibit the possession or consumption of alcohol beverages by passengers on a commercial quadricycle. An ordinance that is inconsistent with this paragraph may not be enforced.
125.10 HistoryHistory: 1981 c. 79, 202; 1983 a. 74 ss. 19, 32; 1985 a. 28 ss. 5, 9; 1987 a. 168; 1989 a. 31, 253; 1991 a. 39; 1993 a. 208; 2007 a. 20; 2011 a. 32, 200; 2013 a. 106; 2015 a. 372.
125.10 AnnotationThis chapter contemplates and expressly directs that regulation is to supersede competition in the retail sale of alcohol beverages. The regulatory scheme indicates a legislative intent to make state antitrust law not applicable by authorizing contrary or inconsistent conduct by granting municipalities broad statutory authority to prescribe or orchestrate anticompetitive regulation in the sale and consumption of alcohol if that regulation serves an important public interest. Private parties are eligible for antitrust immunity when they act in concert, in an anticompetitive manner, in direct response to pressure bordering on compulsion from a municipality. Eichenseer v. Madison-Dane County Tavern League, Inc., 2008 WI 38, 308 Wis. 2d 684, 748 N.W.2d 154, 05-1063.
125.10 AnnotationA town must renew a license, if the proper application is made and the fees are paid, unless it revokes, suspends, or non-renews the license, following the procedures outlined in s. 125.12. This section does not give towns the authority to unilaterally modify the described premises in an individual license upon renewal of that license. A town must either pass a regulation or an ordinance under this section or it must find grounds for revocation or nonrenewal under s. 125.12. Wisconsin Dolls, LLC v. Town of Dell Prairie, 2012 WI 76, 342 Wis. 2d 350, 815 N.W.2d 690, 10-2900.
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 1986–2026 · leading case: Wisconsin Dolls, LLC v. Town of Dell Prairie, 2012 WI 76 (Wis. 2012).
Wisconsin Dolls, LLC v. Town of Dell Prairie, 2012 WI 76 (Wis. 2012). “If a town later wishes to modify the premises described in the license, especially if the modification disadvantages the licensee, it must pass a valid regulation or ordinance under Wis. Stat. § 125.10 (1), 2 follow the procedures outlined in Wis.”
Lounge Mgmt., Ltd. v. Town of Trenton, 580 N.W.2d 156 (Wis. 1998). “" The only license to which the Ordinance specifically refers is the license to sell alcohol, which the Town is authorized to issue and regulate under Wis. Stat. § 125.10 . The record does not describe any other type of establishment licensed by the Town of Trenton.”
Eichenseer v. Madison-Dane Cnty. Tavern League, Inc., 2008 WI 38 (Wis. 2008). “General municipal authority to regulate alcohol is outlined in Wis. Stat. § 125.10 (1): (1) Authorization.”
Eichenseer v. Madison-Dane Cnty. Tavern League, Inc., 2006 WI App 226 (Wis. Ct. App. 2006). “, Wis. Stat. § 125.10 (1) ("Any municipality may enact regulations incorporating any part of this chapter and may prescribe additional regulations for the sale of alcohol beverages, not in conflict with this chapter.”
Schultz v. City of Cumberland, 536 N.W.2d 192 (Wis. Ct. App. 1995). “While unclear, the majority reasons that because the Cumberland ordinance, which declares certain conduct unlawful, authorizes license revocations, the municipality had the authority to enact the ordinance under § 125.”
Tavern League v. City of Madison, 389 N.W.2d 54 (Wis. Ct. App. 1986). “, is limited by sec. 125.10(1), Stats. That section authorizes municipalities to adopt "regulations for the sale of alcoholic beverages, not in conflict with this chapter," and the league contends that because collection of municipal taxes has nothing to do with liquor "sales,"…”
Eichenseer v. Madison-dane Tavern League, 2006 WI App 226 (Wis. Ct. App. 2006). “Among the most important powers granted to municipalities is the power to issue licenses for the retail sale of alcohol beverages, to impose conditions on licensees and to revoke licenses for violations of these conditions.”
Cnty. of Fond du Lac v. Muche, 2016 WI App 84 (Wis. Ct. App. 2016). “The County agrees that the subject of alcoholic beverages is a statewide concern, 7 and the parties agree that Wis. Stat. § 125.10 (2) grants counties the *409 power to enact legislation in concert with Wis.”
Eichenseer v. Madison Cnty. Tavern League, 2008 WI 38 (Wis. 2008). “General municipal authority to regulate alcohol is outlined in Wis. Stat. § 125.10 (1): (1) Authorization.”
North Cent. Conservancy Trust, Inc. v. Town of Harrison (Wis. Ct. App. 2023). “Furthermore, the legislature has expressly provided that “[a]ny municipality may enact regulations incorporating any part of” WIS. STAT. ch. 125—pertaining to alcoholic beverages— and “may prescribe additional regulations for the sale of alcohol beverages, not in conflict with…”
Conch Co. Inc. v. Vill. of Egg Harbor (Wis. Ct. App. 2026). “§§ 125.10, 125.12(1)(a), 125.26(1), 125.51(1).”
— Wis. Stat. § 125.10(1) — 7 cases
Wisconsin Dolls, LLC v. Town of Dell Prairie, 2012 WI 76 (Wis. 2012). “If a town later wishes to modify the premises described in the license, especially if the modification disadvantages the licensee, it must pass a valid regulation or ordinance under Wis. Stat. § 125.10 (1), 2 follow the procedures outlined in Wis.”
Tavern League v. City of Madison, 389 N.W.2d 54 (Wis. Ct. App. 1986). “, is limited by sec. 125.10(1), Stats. That section authorizes municipalities to adopt "regulations for the sale of alcoholic beverages, not in conflict with this chapter," and the league contends that because collection of municipal taxes has nothing to do with liquor "sales,"…”
Eichenseer v. Madison-Dane Cnty. Tavern League, Inc., 2008 WI 38 (Wis. 2008). “General municipal authority to regulate alcohol is outlined in Wis. Stat. § 125.10 (1): (1) Authorization.”
Schultz v. City of Cumberland, 536 N.W.2d 192 (Wis. Ct. App. 1995). “While unclear, the majority reasons that because the Cumberland ordinance, which declares certain conduct unlawful, authorizes license revocations, the municipality had the authority to enact the ordinance under § 125.”
Eichenseer v. Madison-dane Tavern League, 2006 WI App 226 (Wis. Ct. App. 2006). “Among the most important powers granted to municipalities is the power to issue licenses for the retail sale of alcohol beverages, to impose conditions on licensees and to revoke licenses for violations of these conditions.”
— Wis. Stat. § 125.10(2) — 1 case
Cnty. of Fond du Lac v. Muche, 2016 WI App 84 (Wis. Ct. App. 2016). “The County agrees that the subject of alcoholic beverages is a statewide concern, 7 and the parties agree that Wis. Stat. § 125.10 (2) grants counties the *409 power to enact legislation in concert with Wis.”
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