Last week, a state committee put its stamp of approval on proposed legislation that would make it legal to carry in alcohol into select outdoor venues in "first class cities" in Wisconsin. The legislation, as first reported on OnMilwaukee.com, was spearheaded by representatives Leon Young, Jon Richards and Josh Zepnick. It was co-sponsored by Senator Coggs.

Young's office issued a news release on May 26 calling the legislation the "Jazz in the Park law" and noting that the Assembly State Affairs and Homeland Security committee had unanimously "approved a bill ... that will allow patrons of the popular Jazz in the Park concert series as well as other popular events throughout the city to carry in their own alcoholic beverages."

Indeed, the above is true. But, it's far from a done deal and it's a bit confusing.  So, with Jazz in the Park opening Thursday I'll attempt to clear the air.

The East Town Association, operators of Jazz in the Park, (again as first reported by OnMilwaukee.com) announced in January that they would follow state law and end the practice of carry ins. At the time, Kate Borders, executive director, said, "We will now be obeying the law, we will make every effort to have prices on the grounds that are close to grocery store prices, people can still bring whatever food they want to bring, and most importantly, the event is still free."

In addition, the group opposes the new legislation.  "East Town Association is opposed to Senate Bill 192.  After releasing our
beverage policy, which adheres to State Statute 125.32(6)(a), we received many positive responses from Jazz in the Park attendees and members of the East Town Association.  When an event grows to the size of Jazz in the Park, it becomes imperative to control alcohol consumption for the safety of our patrons and the longevity of the event," Borders said in an e-mail.  

East Town has a news conference today to clarify their position and its compliance with state law.  

Since the news of this legislation hit many seem to think that it's going to be "OK" to carry in wine and beer to Jazz in the Park. Event organizers, though, haven't changed their stance and were not even involved in the crafting of this new legislation. And, honestly, it's their event -- they pay for it, so they can run as they will. But, it's a public park and it's going to be (in my humble opinion) tough to change years of fun that have involved carrying in alcohol to this wonderful event. Either way, though, I love the event and want it to succeed.  So, I'll be there regardless. 

Over at the Westown Association, operators of River Rhythms (Wednesday nights at Pere Marquette Park), the group hasn't changed its rules with carry ins and is, from the sidelines, championing this new legislation.

Regardless of what group supports what, it appears, just days before the start of Jazz in the Park and one week before River Rhythms (June 10) there's plenty of confusion surrounding what's legal and what this proposed legislation means. Even retailers don't know if they should begin to promote "buy your Jazz in the Park wine here."  

Here's what I've learned so far:

• It is illegal to carry in beverages to events like Jazz in the Park. Per Wisconsin State law, it is illegal for patrons to bring their own alcoholic beverages into the park for consumption. (Wisconsin State Statute 125.32(6)(a) - No person may possess on the premises covered by a retail or wholesale fermented malt beverages license or permit any alcohol beverages not authorized by law for sale on the premises.)

• But, no matter what event or the venue (beach, park, etc.) laws like these are rarely ever strictly enforced.  Fess up, you've probably snuck a flask or two into a park or stadium in your lifetime. But, remember you can't carry in beer into Miller Park. So, why should you be able to at Jazz in the Park?  Similar law, similar deal.

• Yet, the law is the law and events have to make money to survive. Plus, they have a responsibility to keep patrons safe. And if an organization holds a license to pour, it does trump carry ins.  

• This new legislation is "An Act to amend 125.32 (6) (a); and to create 125.32 (6) (c) and 125.68 (13) of the statutes; relating to: the possession and consumption of alcohol beverages on retail licensed premises in a park in a 1st class city. " So, it's not just about Jazz in the Park.

• Under this new bill (SB 192), "a licensee may, if the licensed premises are in a park within a 1st class city, permit customers to bring in and consume on the licensed premises beer or intoxicating liquor that was purchased elsewhere."

• Not so fast. A Senate committee still needs to approve this new legislation and then the full Legislature and Senate need to vote on it before it goes to the Governor.

• So, what should you do? Until the legislation passes (which most people predict it will), don't carry in on the first week at Jazz in the Park. Abide by the organization's rules and enjoy the event.

• As for other events, like River Rhythms, do the same - follow the event organizer's lead.

• Retailers are confused. I've heard from many retailers and wine stores. They are confused. Many relay on "Jazz in the Park specials" to drive summer business. Should they or shouldn't they promote them? For now, probably not.

• But, seriously and again, who hasn't innocently carried a flask or two into an event or a city/county park? Do it, if you just can't hold yourself back. It's a free country. But also know that, at least at Jazz, security many turn you away.

• All events need to drive revenue to survive. So, buy alcohol there (if you sneak some in) and, be kind, leave nice tips. Full disclosure, when I do Jazz I'd usually bring a bottle or two of beer and buy a few there too. It's a balance.

Finally, stay tuned to OnMilwaukee.com.  We'll keep you updated on all the breaking carry in legislation news. Until then, drink responsibility and enjoy the great Milwaukee summer.

Update:  Jazz in the Park officials held a news conference at 11 a.m. today and said the following.   East Town Association Executive Director Kate Borders said the new policy was necessary to comply with state law and continue to provide an enjoyable experience for guests.  She noted that continuing to ignore state law would threaten the festival with significant increases in insurance costs and allow for legal action if some type of incident were to occur.
 
"Jazz in the Park has been a Milwaukee tradition for 19 years, and we appreciate that enjoying a glass of wine or a cold beer while listening to great music on a beautiful summer evening is part of the experience," Borders said.  "We also have a legal responsibility to obey the law.  Our policy complies with the law and still allows guests to enjoy their favorite beverages.  We encourage our patrons to cooperate, comply with state law and continue to enjoy this weekly summer event."
 
The East Town Association Board of Directors had unanimously voted to approve the new policy earlier this year after it learned Jazz in the Park was not in compliance with Wisconsin State Statute 125.32 6a.  As part of the new policy, Jazz in the Park expanded the menu of beverages available for purchase at the event to accommodate a variety of preferences and price points.
 
East Town Board President Kevin Behl said the board felt quick action was necessary.
 
"Festivals too often delay making changes until trouble occurs.  We think it’s important to take this important step now to operate within the law, stay ahead of the game and help keep Jazz in the Park a great event for everyone," he said.  "We’ve heard of a lot of support for the new policy and we look forward to a fun and enjoyable season."