By Debra Brehmer
Director, Portrait Society Gallery
Did anyone notice the lack of free wine on the last gallery night (January 16)? As a gallery owner, I was told by fellow gallerists as well as the Historic Third Ward Association that it is now verboten to serve wine to our visitors. What apparently happened is that more and more retail stores began hosting “drink and shop” nights. Someone in Waukesha complained to authorities that a store there was violating legal code in providing alcoholic beverages to shoppers. The state stepped in and asserted that an existing statute prohibits this and anyone who violates it will be fined and publicly flogged.
Yes, it’s high time someone cracked down on the wine-sipping that goes on at art galleries. This social atrocity has been going on for a few hundred years so thank God that the good state of Wisconsin had the clear vision (finally) to mop up this morally corruptive practice. We’ve all seen the art lovers stumbling around the Third Ward after they’ve fed at the bountiful trough of free wine, looking all disheveled from their night of raucous visual art encounters; an ugly sight indeed.
To clarify the matter, what follows is some of the information surrounding this long-awaited civic improvement:
Dear Gallery Night Participant:
We have been advised by Georgeann King, Special Agent for the Wisconsin Department of Revenue that it is unlawful to give away or sell alcoholic beverages in your place of business unless you have a valid license. Her letter follows below, along with an article that was printed in the Milwaukee Journal Sentinel regarding the same.
Since Gallery Night and Day is this Friday and Saturday, we wanted to make you are aware that this law is now being enforced. The Historic Third Ward and East Town associations encourage your business to abide by the law.
Sincerely,
Gallery Night and Day Staff
**************************************************************************************************************
Good afternoon Nancy, this is a follow up to our phone call this morning regarding the Gallery Night/Day event that is being held on Friday January 16 and Saturday January 17, 2009. There has been ample media attention regarding events such as this, as well as individual businesses providing free alcohol to their customers on a regular basis or during a special event. I would like to clarify some important laws regarding this issue.
*Boutiques, art galleries, hair salons, bookstores and the like (this list is not all inclusive) are not allowed to give away or sell alcohol beverages to customers. Under definition, these businesses are considered “public places” (please see 125.09(1)). In addition to that, 125.67 states that a business can not give away alcohol beverages to evade the law. During the special event, an option for a business could be that they would provide a “coupon” (or something similar) to customers, allowing them to have a “free” drink at one of the local, licensed establishments.
Of course, any of the licensed businesses involved in the Gallery Night/Day event are allowed to sell and serve alcohol beverages accordingly. My goal is to clarify the laws surrounding these events to ensure consistent and fair enforcement of the Wisconsin alcohol beverage laws. It would be greatly appreciated if you would disseminate this information to your members involved in this event.
If you, or any of your members have questions or need further assistance, please contact me. In addition to that, if there are any other associations that I need to contact regarding similar events, please let me know.
Thank you for your assistance in this matter.
Georgeann King, Special Agent
WI-Department of Revenue
Criminal Investigation Section
Alcohol & Tobacco Enforcement
819 N. 6th Street, Room 408
Milwaukee WI 53203
(414) 227-4260
georgeann.king@revenue.wi.gov
Bubbly may get boot as shops face penalties for serving alcohol
By Kathy Flanigan of the Journal Sentinel
Posted: Dec. 1, 2008
Enid Garcia looked in the mirror as she tried on a belted plaid jacket at Fred, a boutique on N. Water St. Everything in the store was 40% off, and Garcia’s morning plan included shopping, then sipping.
“I’m going to get the deals first, then relax,” Garcia said. Her sentence was interrupted by the sound of a cork popping from a bottle of champagne – part of Fred’s free Black Friday brunch of mini-muffins, doughnut holes and mimosas.
But the party could be coming to an end. Two weeks ago, after a citizen complaint about a Wauwatosa shop offering free cocktails, the state Department of Revenue put an end to booze at all boutiques in the Tosa Village – and, possibly, other similar shops in the state.
In the last few years, boutiques from Brookfield to the Third Ward have been offering free cocktails and hors d’oeuvres to get customers in the door. In tough economic times, every little incentive helps. However, recent crackdowns may force boutique owners to forgo the adult beverages or face fines of up to $10,000.
Regular Thursday evening happy hours, as well as complimentary Black Friday Bloody Marys and mimosas, have been a tradition at Jilly & George, a boutique at 7605 Harwood Ave., Wauwatosa. Not any more. “It’s illegal, if you’re not a licensed premise, to serve alcohol,” said Jessica Iverson, a spokeswoman for the state Department of Revenue, which monitors for proper licenses and permits.
“A proprietor may hold a private party (invited guests, specific date/time, after business hours) at a business and serve alcohol; once business is conducted, the party is no longer private in nature, and the business is functioning as a public place,” Iverson wrote in an e-mail, citing a state statute.
That statute is difficult to enforce, and many boutique owners said they weren’t aware of it. While an agent visited most of the boutiques in the Tosa Village, owners in other parts of town weren’t contacted. Other boutique owners have interpreted the statute their own way, some based on the advice of attorneys or other professionals.
Ronn Krinn, who owns Fred, 524 N. Water St., used to offer wine in the store. “It was part of our concept that we started from the beginning,” he said. He put a stop to that after a discussion with his attorney.
Fun, but no business
Even in compliance, the statute can seem ambiguous. Krinn said he locked the doors during private parties as required, but was ordered by the fire marshal to keep them unlocked while customers were inside.
Fred continues to have shopping parties once a month and invitation-only events that include martinis or wine, sometimes served by a licensed bartender. But, in the statute’s strictest terms, private parties would be considered illegal if business is being transacted, Iverson said.
The state agent who stopped at the Wauwatosa shops advised owners of the statute and offered options that included private parties in which drink coupons are offered for licensed premises, or parties in which the doors are locked and the guest list is by invitation-only. “Again, they should not be conducting business,” Iverson said.
Shopping as a party
For now, Department of Revenue agents are educating shopkeepers, although they haven’t made their way to every part of town. In the Historic Third Ward, home to several boutiques and the popular Gallery Night, shopping and sipping is the norm.
At Lela, a boutique at 321 N. Broadway, “We never hesitate to pop open a bottle of wine or champagne any time a customer has had a rough day or needs a boost or has a reason to celebrate,” employee Tracey Golden wrote in an e-mail.
Gallery Night has had a long history in which galleries offer wine in their stores during quarterly events. “We had a discussion about alcohol with relation to Gallery Night with police,” said Ruth Lawson, spokeswoman for the Historic Third Ward Association. “They said, ‘We know what’s going on, and we’re going to “overlook it until there’s a problem.’ The City of Milwaukee has its own criteria for what galleries and other non-hospitality businesses can and can’t do when it comes to serving alcohol.
“Giving it away is the same as selling it. That’s a proposition of law that’s pretty clear,” assistant city attorney Bruce Schrimpf said. “If you are a bona fide art gallery, you can obtain a Class B or Class C wine license, and we cover that by saying we’ll view that as a form of recreational premises. If you are a bona fide party, it’s my understanding that the Milwaukee Police Department has a list of criteria for determining what is a private party.”
‘They make it fun’
Over on Brady St., they aren’t taking chances. Detour, 1300 E. Brady St., planned to host a live music event for customers once a month with DJs and refreshments including wine. Manager Jason Meyer said attorneys advised making the event invitation-only. Now he’s considering a switch from wine to non-alcoholic drinks.
Other shopkeepers say they could live without the drinks. Next Door, 18915 W. Capitol Drive in Brookfield, hosts Thursday happy hour with champagne and chocolate, but Renotta Thompson, who owns the store with her daughter, thinks camaraderie and sales, not alcohol, bring in customers.
Customers say they would miss perks such as free cocktails. “I like that it’s a boutique, and I love how they have the girls’ night,” said Fred shopper Garcia. “They (Fred) make it fun.” Tammie Figlinski, 35, of Milwaukee passed up the mimosas at Fred’s – “with one drink I’m too tipsy to shop” – but likes the parties because they encourage time with her girlfriends.
Girlfriend-bonding events – girls’ night out, birthday celebrations, bachelorette parties with appetizers and adult refreshments – help customers find the off-Brady St. boutique Vieux et Nouveau, 1688 N. Franklin Place, said owner Heidi Calaway. The parties also ease some of the impact the economy is having on her business. “In October, I had shopping parties – that helps tremendously,” Calaway said.
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