Does state law require a person with an operator’s license or person deemed to have an operator’s license on premises covered by a temporary (i.e., picnic) license?

Yes. A person with an operator's license or a person deemed to have an operator's license must be on the premises covered by a Temporary Class "B" beer (picnic) license and on the premises covered by a Temporary "Class B" (picnic) wine license during all times when activities authorized by the license are being conducted. See Wis. Stat. secs. 125.32(2) and 125.68(2). Given that a picnic license may only be issued to a bona fide club or organization, the license cannot be issued to a natural person and there is really no method by which a person may be deemed to hold an operator's license in such circumstance except possibly as the designated agent of a nonprofit corporation which is also a bona fide club or organization.

Notably, a governing body may issue temporary operator's licenses to persons who are employed by or donating their services to nonprofit corporations but a person is limited to only two such license per year. The temporary operator's license is valid for any period from 1 to 14 days which must be specified on the license. Wis. Stat. sec. 125.17(4).

As with other types of licensed premises, not all persons serving or selling alcohol at a premises subject to a picnic license must hold an operator's license or be deemed to hold such a license. A person without an operator's license may serve or sell alcohol beverages at a picnic license premises provided they are 18 or older and are under the immediate supervision of a person with an operator's license or a person deemed to hold such a license.