Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB127 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 127
5	5	March 24, 2023 - Introduced by Representatives DUCHOW, MYERS, J. ANDERSON,
6	6	BARE, BEHNKE, CLANCY, HONG, JOERS, KITCHENS, MACCO, MADISON, RODRIGUEZ,
7	7	SCHMIDT, SPIROS, STUBBS, ZIMMERMAN and HAYWOOD, cosponsored by Senators
8	8	STROEBEL, ROYS, BALLWEG, BRADLEY, FEYEN and NASS. Referred to Committee
9	9	on State Affairs.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to renumber and amend 125.25 (3), 125.26 (3), 125.272, 125.51 (2) (c),
12	12	125.51 (3) (d) and 125.51 (6); to amend 125.02 (20), 125.26 (2u), 125.26 (2v) (a),
13	13	125.26 (2w), 125.26 (2x), 125.51 (3) (bu), 125.51 (3) (bv) 1., 125.51 (3) (bw),
14	14	125.51 (3) (bx) and 139.25 (9); and to create 125.02 (20k), 125.07 (1) (b) 7.,
15	15	125.07 (2) (c), 125.10 (6), 125.20, 125.272 (2) and (3), 125.51 (6) (b) and (c) and
16	16	139.11 (1m) of the statutes; relating to: the face-to-face requirement for retail
17	17	sales of alcohol beverages and remote orders for the sale of alcohol beverages
18	18	to be delivered or picked up on retail licensed premises.
19	19	Analysis by the Legislative Reference Bureau
20	20	This bill allows most alcohol beverage retailers to make online or telephone
21	21	sales of alcohol beverages to be picked up by the customer at parking spaces that are
22	22	part of the retail licensed premises or to be delivered by the retailer or a delivery
23	23	service. The bill also prohibits municipalities from imposing by ordinance additional
24	24	restrictions on these sales for pickup and creates an alcohol delivery permit issued
25	25	by the Department of Revenue.
26	26	Current law
27	27	Under current law, with limited exceptions, no person may sell alcohol
28	28	beverages to a consumer unless the seller possesses a license or permit authorizing
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38	38	ASSEMBLY BILL 127
39	39	the sale. A Class “B" license authorizes the retail sale of fermented malt beverages
40	40	(beer) for consumption on or off the premises. Except when issued to a winery, a
41	41	“Class B" license authorizes the retail sale of intoxicating liquor, which includes wine
42	42	and distilled spirits, for consumption on the licensed premises and, subject to certain
43	43	restrictions, the retail sale of intoxicating liquor for consumption off the licensed
44	44	premises. Class “A” and “Class A” licenses authorize the retail sale of, respectively,
45	45	beer and intoxicating liquor in original packages for consumption off the licensed
46	46	premises. Each of these retail licenses is issued by a municipality.
47	47	Also under current law, a retail license authorizes only face-to-face sales of
48	48	alcohol beverages to consumers at the licensed premises. After the sale is made on
49	49	the licensed premises, if the alcohol beverages are sold for off-premises
50	50	consumption, the retailer may deliver the alcohol beverages to a location designated
51	51	by the consumer. The sale to the consumer on the licensed premises is governed by
52	52	certain requirements, including that the purchaser be of legal drinking age, that the
53	53	sale be made only during certain hours, and that the licensed premises be supervised
54	54	by a person holding an operator's (bartender's) license. The licensed premises on
55	55	which the sale occurs must be particularly described in the retail license issued by
56	56	the municipality, and each applicant for a retail license must identify in the
57	57	application the premises where alcohol beverages will be sold.
58	58	Delivery
59	59	This bill allows a Class “A,” “Class A,” Class “B,” or “Class B” licensed retailer
60	60	to process and fill an online or telephone order for the sale and delivery of alcohol
61	61	beverages (remote delivery order) if all of the following apply: 1) the products ordered
62	62	are delivered to the customer by the retailer, by a delivery service under common
63	63	ownership with the retailer, or by a delivery service that is independent of the
64	64	retailer and derives less than 50 percent of its annual revenues associated with food
65	65	and beverage delivery from the delivery of alcohol beverages (third-party delivery
66	66	service); 2) the retailer, delivery service under common ownership with the retailer,
67	67	or third-party delivery service making delivery holds an alcohol delivery permit
68	68	issued by DOR (discussed further below); 3) the products delivered are sold in
69	69	original, unopened packages or containers, except that a “Class B” licensed retailer
70	70	may deliver or have delivered intoxicating liquor sold in tamper-evident,
71	71	licensee-sealed containers (commonly known as cocktails-to-go); 4) full payment for
72	72	the order is made at the time the order is placed, although a delivery tip is permitted;
73	73	5) at the time the order is placed, the customer asserts that the customer is at least
74	74	21 years of age and not intoxicated; 6) delivery is completed during hours in which
75	75	the retailer is allowed to make sales for off-premises consumption; and 7) at the time
76	76	of delivery and prior to transferring possession of the alcohol beverages to the
77	77	customer, the individual making delivery examines the customer's identification,
78	78	verifies visually and by using electronic scanning technology that the customer is at
79	79	least 21 years of age, and creates a record of this age verification. Age verification
80	80	records must be retained by the retailer that sold the alcohol beverages for three
81	81	years. An individual may not deliver alcohol beverages to a customer unless the
82	82	individual is at least 21 years of age and has successfully completed a responsible
83	83	beverage server training course or comparable course. Alcohol beverages may not - 3 -2023 - 2024 Legislature
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86	86	ASSEMBLY BILL 127
87	87	be delivered to a person who is less than 21 years of age or visibly intoxicated. If
88	88	alcohol beverages are delivered by a third-party delivery service or a delivery service
89	89	under common ownership with the retailer to an underage person, the delivery
90	90	service is liable for the violation, and the retailer is not liable if the customer asserted
91	91	when placing the order that he or she is at least age 21 and not intoxicated.
92	92	The bill also prohibits a retailer from 1) entering into an agreement with a
93	93	producer or wholesaler restricting availability of, or giving availability preferences
94	94	for, alcohol beverage products offered for sale and delivery by means of remote
95	95	delivery orders; and 2) charging different prices for these products in comparison
96	96	with the prices of the same products sold in a face-to-face transaction on the licensed
97	97	premises, although a retailer may charge an additional fee for delivery.
98	98	The bill creates an alcohol delivery permit issued by DOR to retailers, delivery
99	99	services under common ownership with retailers, and third-party delivery services.
100	100	The permit authorizes the permittee to deliver alcohol beverages in connection with
101	101	remote delivery orders. A permit is valid for one year and has an annual fee of $150
102	102	for a retailer and $300 for a third-party delivery service or delivery service under
103	103	common ownership with a retailer.
104	104	Pickup
105	105	This bill provides that, if a Class “A,” “Class A,” Class “B," or “Class B” licensed
106	106	retailer receives a remote pickup order for alcohol beverages that the customer will
107	107	pick up at a parking space that is part of the retailer's licensed premises, the sale of
108	108	alcohol beverages occurs at the time the customer takes possession of the alcohol
109	109	beverages at the parking space, regardless of when the customer makes payment.
110	110	The bill defines “remote pickup order” as an order for the sale of alcohol beverages
111	111	in original unopened packages or containers, to be picked up at the retailer's
112	112	premises, that is placed by telephone or Internet by a customer who asserts at the
113	113	time of placing the order that he or she is at least 21 years of age. A Class “B” or “Class
114	114	B” licensee may sell alcohol beverages by remote pickup order only for consumption
115	115	off the licensed premises, and the customer may take possession of the alcohol
116	116	beverages only during hours in which the licensee is allowed to make sales for
117	117	off-premises consumption. The bill also specifies that licensed premises identified
118	118	in the retail license may include parking spaces associated with a structure
119	119	described as licensed premises, even if the parking spaces are not contiguous with
120	120	the remainder of the licensed premises. The bill also prohibits municipalities from
121	121	adopting ordinances that impose additional restrictions on alcohol beverage sales
122	122	made by these retailers pursuant to remote pickup orders.
123	123	For further information see the state fiscal estimate, which will be printed as
124	124	an appendix to this bill.
125	125	The people of the state of Wisconsin, represented in senate and assembly, do
126	126	enact as follows:
127	127	SECTION 1. 125.02 (20) of the statutes is amended to read:1 - 4 -2023 - 2024 Legislature LRB-2208/1
128	128	ARG:wlj
129	129	SECTION 1 ASSEMBLY BILL 127
130	130	125.02 (20) “Sell", Subject to ss. 125.272 (2) (h) 1. and (3) (b) and (c) and 125.51
131	131	(6) (b) 8. a. and (c) 2. and 3., “sell,” “sold",,” “sale," or “selling" means any transfer of
132	132	alcohol beverages with consideration or any transfer without consideration if
133	133	knowingly made for purposes of evading the law relating to the sale of alcohol
134	134	beverages or any shift, device, scheme or transaction for obtaining alcohol beverages,
135	135	including the solicitation of orders for, or the sale for future delivery of, alcohol
136	136	beverages.
137	137	SECTION 2. 125.02 (20k) of the statutes is created to read:
138	138	125.02 (20k) “Third-party delivery service” means a delivery service that is
139	139	independent of a retail licensee and that derives less than 50 percent of its annual
140	140	revenues associated with food and beverage delivery from the delivery of alcohol
141	141	beverages.
142	142	SECTION 3. 125.07 (1) (b) 7. of the statutes is created to read:
143	143	125.07 (1) (b) 7. If a licensee processes and fills a remote delivery order under
144	144	s. 125.272 (2) or 125.51 (6) (b) in reliance on the customer's assertion that the
145	145	customer has attained the legal drinking age and delivery is made by a 3rd-party
146	146	delivery service or a delivery service under common ownership with the licensee, the
147	147	licensee is not subject to any penalty under this paragraph and the only penalty
148	148	applicable if the alcohol beverages are delivered to an underage person is that
149	149	specified for the 3rd-party delivery service or delivery service under common
150	150	ownership with the licensee under ss. 125.272 (2) (i) 1. and 125.51 (6) (b) 9. a.
151	151	SECTION 4. 125.07 (2) (c) of the statutes is created to read:
152	152	125.07 (2) (c) Exception for certain delivered alcohol beverages. If a licensee
153	153	processes and fills a remote delivery order under s. 125.272 (2) or 125.51 (6) (b) in
154	154	reliance on the customer's assertion that the customer is not intoxicated, the licensee
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182	182	SECTION 4
183	183	ASSEMBLY BILL 127
184	184	is not subject to any penalty under par. (b) unless the licensee delivers the alcohol
185	185	beverages and violates s. 125.272 (2) (d) or 125.51 (6) (b) 4. at the time of delivery.
186	186	SECTION 5. 125.10 (6) of the statutes is created to read:
187	187	125.10 (6) REMOTE PICKUP ORDERS OF ALCOHOL BEVERAGES. (a) Notwithstanding
188	188	sub. (1), and subject to par. (b), a municipality may not prescribe additional
189	189	regulations for, or impose additional restrictions relating to, sales of alcohol
190	190	beverages made pursuant to remote pickup order, as defined in s. 125.272 (3) (a), by
191	191	Class “A”, “Class A”, Class “B”, or “Class B” licensees. An ordinance that is
192	192	inconsistent with this paragraph may not be enforced.
193	193	(b) Paragraph (a) does not limit a municipality's authority to adopt ordinances
194	194	of general application that apply to all sales by a retail licensee, including ordinances
195	195	adopted under ss. 125.32 (3) (d) and 125.68 (4) (b) and (c) 3.
196	196	SECTION 6. 125.20 of the statutes is created to read:
197	197	125.20 Alcohol delivery permits. (1) The department shall issue alcohol
198	198	delivery permits to retail licensees, delivery services under common ownership with
199	199	retail licensees, and 3rd-party delivery services that authorize the permittee to
200	200	deliver alcohol beverages in connection with remote delivery orders under ss.
201	201	125.272 (2) and 125.51 (6) (b).
202	202	(2) An alcohol delivery permit may be issued only to a person who holds a valid
203	203	certificate issued under s. 73.03 (50). For purposes of s. 125.04 (6) (a) 2., the
204	204	appointment of an agent for a permittee under this section shall vest authority in the
205	205	agent with respect to all delivery operations, not limited to activities occurring on the
206	206	premises covered by the permit.
207	207	(3) A permit issued under this section shall be valid for one year. The annual
208	208	fee for initial issuance or renewal of the permit shall be $150 for an applicant that
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235	235	SECTION 6 ASSEMBLY BILL 127
236	236	is a retail licensee and $300 for an applicant that is a 3rd-party delivery service or
237	237	a delivery service under common ownership with a retail licensee. The fee shall be
238	238	paid at the time of application for initial issuance or renewal of the permit and shall
239	239	be refunded to the applicant if the application is denied.
240	240	SECTION 7. 125.25 (3) of the statutes is renumbered 125.25 (3) (a) and amended
241	241	to read:
242	242	125.25 (3) (a) Class “A" licenses shall particularly describe the premises for
243	243	which issued and. The premises for a Class “A” license may include, if described in
244	244	the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
245	245	with any structure described as licensed premises in the license application, even if
246	246	the parking spaces are not contiguous with the remainder of the Class “A” licensed
247	247	premises.
248	248	(b) Class “A” licenses are not transferable, except under s. 125.04 (12).
249	249	(c) A Class “A" license is subject to revocation for violation of any of the terms
250	250	or provisions thereof.
251	251	SECTION 8. 125.26 (2u) of the statutes is amended to read:
252	252	125.26 (2u) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
253	253	addition to the authorization specified in sub. (1), a Class “B" license issued under
254	254	this section to a caterer also authorizes the caterer to provide fermented malt
255	255	beverages, including their retail sale, at the National Railroad Museum in Green
256	256	Bay during special events held at this museum. Notwithstanding sub. (1), a caterer
257	257	may provide fermented malt beverages under this subsection at any location at the
258	258	National Railroad Museum even though the National Railroad Museum is not part
259	259	of the caterer's licensed premises, as described under sub. (3) (a) in the caterer's
260	260	Class “B" license, and even if the National Railroad Museum is not located within the
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288	288	SECTION 8
289	289	ASSEMBLY BILL 127
290	290	municipality that issued the caterer's Class “B" license. A caterer that provides
291	291	fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the
292	292	fermented malt beverages were provided on the caterer's Class “B" licensed
293	293	premises. This subsection does not authorize the National Railroad Museum to sell
294	294	fermented malt beverages at retail or to procure or stock fermented malt beverages
295	295	for purposes of retail sale. This subsection does not apply if, at any time, the National
296	296	Railroad Museum holds a Class “B" license.
297	297	SECTION 9. 125.26 (2v) (a) of the statutes is amended to read:
298	298	125.26 (2v) (a) Subject to pars. (b) and (c), and notwithstanding ss. 125.04 (3)
299	299	(a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization specified
300	300	in sub. (1), a Class “B" license issued under this section to a caterer also authorizes
301	301	the caterer to provide fermented malt beverages, including their retail sale, on
302	302	racetrack grounds, as defined in s. 125.27 (5) (a). Subject to pars. (b) and (c), and
303	303	notwithstanding sub. (1) and s. 125.32 (6) (a), a caterer may provide fermented malt
304	304	beverages under this paragraph at any location on racetrack grounds even though
305	305	the racetrack grounds are not part of the caterer's licensed premises, as described
306	306	under sub. (3) (a) in the caterer's Class “B" license, and even if the racetrack grounds
307	307	are not located within the municipality that issued the caterer's Class “B" license.
308	308	A caterer that provides fermented malt beverages under this paragraph is subject
309	309	to s. 125.32 (2) and (3) as if the fermented malt beverages were provided on the
310	310	caterer's Class “B" licensed premises.
311	311	SECTION 10. 125.26 (2w) of the statutes is amended to read:
312	312	125.26 (2w) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
313	313	addition to the authorization specified in sub. (1), a Class “B" license issued under
314	314	this section to a caterer also authorizes the caterer to provide fermented malt
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341	341	SECTION 10 ASSEMBLY BILL 127
342	342	beverages, including their retail sale, at the Heritage Hill state park during special
343	343	events held at this park. Notwithstanding sub. (1), a caterer may provide fermented
344	344	malt beverages under this subsection at any location at the Heritage Hill state park
345	345	even though the Heritage Hill state park is not part of the caterer's licensed
346	346	premises, as described under sub. (3) (a) in the caterer's Class “B" license, and even
347	347	if the Heritage Hill state park is not located within the municipality that issued the
348	348	caterer's Class “B" license. A caterer that provides fermented malt beverages under
349	349	this subsection is subject to s. 125.32 (2) as if the fermented malt beverages were
350	350	provided on the caterer's Class “B" licensed premises. This subsection does not
351	351	authorize the Heritage Hill state park to sell fermented malt beverages at retail or
352	352	to procure or stock fermented malt beverages for purposes of retail sale. This
353	353	subsection does not apply if, at any time, the Heritage Hill state park holds a Class
354	354	“B" license.
355	355	SECTION 11. 125.26 (2x) of the statutes is amended to read:
356	356	125.26 (2x) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
357	357	addition to the authorization specified in sub. (1), a Class “B" license issued under
358	358	this section also authorizes the licensee to provide fermented malt beverages,
359	359	including their retail sale, at specific locations within the Ozaukee County
360	360	fairgrounds for consumption at these locations during special events held at the
361	361	fairgrounds, if the Ozaukee County board adopts a resolution approving the licensee
362	362	and if the licensee's Class “B” licensed premises are located in Ozaukee County.
363	363	Notwithstanding sub. (1), a licensee may provide fermented malt beverages under
364	364	this subsection at the Ozaukee County fairgrounds even though the Ozaukee County
365	365	fairgrounds are not part of the licensee's licensed premises, as described under sub.
366	366	(3) (a) in the licensee's Class “B” license, and even if the Ozaukee County fairgrounds
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394	394	SECTION 11
395	395	ASSEMBLY BILL 127
396	396	are not located within the municipality that issued the Class “B” license. A licensee
397	397	that provides fermented malt beverages under this subsection is subject to s. 125.32
398	398	(2) as if the fermented malt beverages were provided on the licensee's Class “B”
399	399	licensed premises. Notwithstanding s. 125.34 (4) and (5), a wholesaler may deliver
400	400	fermented malt beverages to the Ozaukee County fairgrounds to a licensee approved
401	401	by the Ozaukee County board under this subsection and such an approved licensee
402	402	may transport fermented malt beverages from its licensed premises to the Ozaukee
403	403	County fairgrounds for purposes of selling the fermented malt beverages at the
404	404	Ozaukee County fairgrounds. This subsection does not authorize Ozaukee County
405	405	or any person operating or managing the Ozaukee County fairgrounds to sell
406	406	fermented malt beverages at retail or to procure or stock fermented malt beverages
407	407	for purposes of retail sale.
408	408	SECTION 12. 125.26 (3) of the statutes is renumbered 125.26 (3) (a) and
409	409	amended to read:
410	410	125.26 (3) (a) Class “B" licenses shall particularly describe the premises for
411	411	which issued and. The premises for a Class “B” license may include, if described in
412	412	the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
413	413	with any structure described as licensed premises in the license application, even if
414	414	the parking spaces are not contiguous with the remainder of the Class “B” licensed
415	415	premises.
416	416	(b) Class “B” licenses are not transferable, except as provided in s. 125.04 (12).
417	417	(c) A Class “B" license is subject to revocation for violation of any of the terms
418	418	or provisions thereof.
419	419	SECTION 13. 125.272 of the statutes is renumbered 125.272 (1) and amended
420	420	to read:
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447	447	SECTION 13 ASSEMBLY BILL 127
448	448	125.272 (1) Except as provided in subs. (2) and (3) and ss. 125.26 (2m), (2s), and
449	449	(2x) and 125.27 (4) and except with respect to caterers, a retail license issued under
450	450	s. 125.25 or 125.26, and a retail permit issued under s. 125.27, authorizes only
451	451	face-to-face sales to consumers at the premises described in the retail license or
452	452	permit.
453	453	SECTION 14. 125.272 (2) and (3) of the statutes are created to read:
454	454	125.272 (2) (a) In this subsection:
455	455	1. “Record” has the meaning given in s. 137.11 (12).
456	456	2. “Remote delivery order” means an order for the sale and delivery of both food
457	457	and alcohol beverages or alcohol beverages alone that is received by a retail licensee
458	458	by means of the Internet, telephone, or any other method of communication under
459	459	which the customer is not physically located on the licensed premises.
460	460	(b) A retail licensee may process and fill a remote delivery order if all of the
461	461	following apply:
462	462	1. The licensee holds a retail license issued under s. 125.25 or 125.26, and the
463	463	fermented malt beverages are sold in original, unopened packages or containers.
464	464	2. The products ordered are delivered to the customer by the licensee, by a
465	465	delivery service under common ownership with the licensee, or by a 3rd-party
466	466	delivery service and the licensee, delivery service under common ownership with the
467	467	licensee, or 3rd-party delivery service holds a permit issued under s. 125.20.
468	468	3. Full payment for the order is made at the time the order is placed and no
469	469	payment, other than a tip, is made at the time of delivery.
470	470	4. At the time the order is placed, the customer asserts that the customer has
471	471	attained the legal drinking age and is not intoxicated.
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496	496	LRB-2208/1
497	497	ARG:wlj
498	498	SECTION 14
499	499	ASSEMBLY BILL 127
500	500	5. At the time the products ordered are delivered, the individual delivering the
501	501	order complies with pars. (c), (d), (e), and (f).
502	502	(c) An individual may not deliver alcohol beverages to a customer under this
503	503	subsection unless the individual making the delivery does all of the following at the
504	504	time of delivery:
505	505	1. Prior to transferring possession of the alcohol beverages to the customer,
506	506	confirms the customer receiving delivery is the person who placed the order.
507	507	2. Prior to transferring possession of the alcohol beverages to the customer,
508	508	performs an in-person examination of the customer's identification document
509	509	containing proof of age and verifies by visual examination and by using electronic
510	510	scanning technology that the customer receiving delivery of the order has attained
511	511	the legal drinking age.
512	512	3. Creates a record of the age verification under subd. 2.
513	513	(d) An individual may not deliver alcohol beverages under this subsection to
514	514	a person who is visibly intoxicated.
515	515	(e) An individual may not deliver alcohol beverages to a customer under this
516	516	subsection unless all of the following apply:
517	517	1. The individual has attained the legal drinking age.
518	518	2. The individual has successfully completed a responsible beverage server
519	519	training course or comparable training course as described in s. 125.04 (5) (a) 5.
520	520	(f) An individual may not deliver fermented malt beverages to a customer
521	521	under this subsection unless the individual completes the delivery during the
522	522	following hours:
523	523	1. If the fermented malt beverages were sold by a Class “A” licensee, during
524	524	hours in which the Class “A” licensee is authorized to sell fermented malt beverages
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550	550	ARG:wlj
551	551	SECTION 14 ASSEMBLY BILL 127
552	552	under s. 125.32 (3) (b) or, if more restrictive, during hours established by ordinance
553	553	by a municipality under s. 125.32 (3) (d).
554	554	2. If the fermented malt beverages were sold by a Class “B” licensee, during
555	555	hours in which the Class “B” licensee is authorized to sell fermented malt beverages
556	556	under s. 125.32 (3) (am) or, if more restrictive, during hours established by ordinance
557	557	by a municipality under s. 125.32 (3) (d).
558	558	(g) A 3rd-party delivery service or delivery service under common ownership
559	559	with a licensee shall provide to the retail licensee on whose behalf the delivery is
560	560	made an original or duplicate of each age verification record required under par. (c)
561	561	3.
562	562	(h) 1. If a licensee processes and fills a remote delivery order under this
563	563	subsection, the sale of fermented malt beverages occurs at the time the customer
564	564	pays for the fermented malt beverages, regardless of when the customer takes
565	565	possession of the fermented malt beverages.
566	566	2. Notwithstanding s. 125.33 (9), if a 3rd-party delivery service or delivery
567	567	service under common ownership with a licensee is unable to complete delivery of
568	568	fermented malt beverages to a customer under this subsection, the 3rd-party
569	569	delivery service or delivery service under common ownership with a licensee shall
570	570	return the fermented malt beverages to the licensee from which the fermented malt
571	571	beverages delivery originated and the licensee shall cancel the sale of the fermented
572	572	malt beverages and may credit the customer's account. Notwithstanding s. 125.33
573	573	(9), if a licensee is unable to complete delivery of fermented malt beverages to a
574	574	customer under this subsection, the licensee shall cancel the sale of the fermented
575	575	malt beverages and may credit the customer's account.
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600	600	LRB-2208/1
601	601	ARG:wlj
602	602	SECTION 14
603	603	ASSEMBLY BILL 127
604	604	(i) 1. Delivery of alcohol beverages under this subsection to an underage person
605	605	shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party
606	606	delivery service or delivery service under common ownership with a licensee or s.
607	607	125.07 (1) (a) 2. if delivery is made by a licensee, as well as a violation for purposes
608	608	of s. 125.07 (1) (b) 1., subject to the same defenses that apply or would apply to a
609	609	licensee under s. 125.07 (6).
610	610	2. Delivery of alcohol beverages under this subsection to a visibly intoxicated
611	611	person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a
612	612	3rd-party delivery service or delivery service under common ownership with a
613	613	licensee or s. 125.07 (2) (a) 2. if delivery is made by a licensee.
614	614	(j) A person who receives delivery of alcohol beverages under this subsection
615	615	may not resell the alcohol beverages.
616	616	(k) Alcohol beverages may not be delivered under this subsection to the licensed
617	617	premises of a Class “A,” “Class A,” Class “B,” “Class B,” or “Class C” licensee.
618	618	(L) Nothing in this subsection limits the discretion of a retail licensee, delivery
619	619	service under common ownership with a retail licensee, or 3rd-party delivery service
620	620	to decline in whole or in part to make retail sales by means of remote delivery order,
621	621	to reject individual remote delivery orders, or to limit, geographically or otherwise,
622	622	the locations to which remote delivery orders are delivered.
623	623	(m) A retail licensee that processes and fills remote delivery orders may not do
624	624	any of the following with respect to fermented malt beverages offered for sale and
625	625	delivery under this subsection:
626	626	1. Enter into any agreement with a brewer, brewpub, or wholesaler that
627	627	restricts, or gives preference with respect to, the availability of any fermented malt
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652	652	ARG:wlj
653	653	SECTION 14 ASSEMBLY BILL 127
654	654	beverage brand on the basis that the fermented malt beverages will be offered for
655	655	sale and delivery under this subsection.
656	656	2. Charge different prices for fermented malt beverages offered for sale and
657	657	delivery under this subsection in comparison with the prices charged for the same
658	658	products sold in a face-to-face transaction under sub. (1). This subdivision does not
659	659	prohibit the retail licensee from charging an additional fee for delivery.
660	660	(3) (a) In this subsection, “remote pickup order” means an order for the sale of
661	661	alcohol beverages in original unopened packages or containers, to be picked up at the
662	662	retailer's premises, that is placed by telephone or Internet by a customer who asserts
663	663	at the time of placing the order that he or she has attained the legal drinking age.
664	664	(b) If a Class “A” licensee receives a remote pickup order for fermented malt
665	665	beverages that the customer will pick up at a parking space that is part of the Class
666	666	“A” licensed premises, the sale of fermented malt beverages occurs at the time the
667	667	customer takes possession of the fermented malt beverages at the parking space that
668	668	is part of the Class “A” licensed premises, regardless of when the customer makes
669	669	payment for the fermented malt beverages.
670	670	(c) If a Class “B” licensee receives a remote pickup order for fermented malt
671	671	beverages that the customer will pick up at a parking space that is part of the Class
672	672	“B” licensed premises, the sale of fermented malt beverages occurs at the time the
673	673	customer takes possession of the fermented malt beverages at the parking space that
674	674	is part of the Class “B” licensed premises, regardless of when the customer makes
675	675	payment for the fermented malt beverages. Notwithstanding s. 125.26 (1), a Class
676	676	“B” licensee's sale of fermented malt beverages made by remote pickup order under
677	677	this paragraph is authorized only for consumption off the licensed premises.
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702	702	LRB-2208/1
703	703	ARG:wlj
704	704	SECTION 14
705	705	ASSEMBLY BILL 127
706	706	(d) If a Class “A” licensee makes a sale of fermented malt beverages by remote
707	707	pickup order under this subsection, the customer may not take possession of the
708	708	fermented malt beverages during hours in which the Class “A” licensee is prohibited
709	709	from selling fermented malt beverages under s. 125.32 (3) (b) or, if more restrictive,
710	710	during hours established by ordinance by a municipality under s. 125.32 (3) (d). If
711	711	a Class “B” licensee makes a sale of fermented malt beverages by remote pickup order
712	712	under this subsection, the customer may not take possession of the fermented malt
713	713	beverages during hours in which the Class “B” licensee is prohibited from selling
714	714	fermented malt beverages under s. 125.32 (3) (am) or, if more restrictive, during
715	715	hours established by ordinance by a municipality under s. 125.32 (3) (d).
716	716	SECTION 15. 125.51 (2) (c) of the statutes is renumbered 125.51 (2) (c) 1. and
717	717	amended to read:
718	718	125.51 (2) (c) 1. “Class A" licenses shall particularly describe the premises for
719	719	which issued and. The premises for a “Class A” license may include, if described in
720	720	the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
721	721	with any structure described as licensed premises in the license application, even if
722	722	the parking spaces are not contiguous with the remainder of the “Class A” licensed
723	723	premises.
724	724	2. “Class A” licenses are not transferable, except as provided in s. 125.04 (12).
725	725	SECTION 16. 125.51 (3) (bu) of the statutes is amended to read:
726	726	125.51 (3) (bu) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
727	727	addition to the authorization specified in sub. (1) (a) and in sub. (3) (a) or (b), a “Class
728	728	B" license issued under sub. (1) to a caterer also authorizes the caterer to provide
729	729	intoxicating liquor, including its retail sale, at the National Railroad Museum in
730	730	Green Bay during special events held at this museum. Notwithstanding subs. (1) (a)
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756	756	ARG:wlj
757	757	SECTION 16 ASSEMBLY BILL 127
758	758	and (3) (a) and (b), a caterer may provide intoxicating liquor under this paragraph
759	759	at any location at the National Railroad Museum even though the National Railroad
760	760	Museum is not part of the caterer's licensed premises, as described under par. (d) 1.
761	761	in the caterer's “Class B" license, and even if the National Railroad Museum is not
762	762	located within the municipality that issued the caterer's “Class B" license. A caterer
763	763	that provides intoxicating liquor under this paragraph is subject to s. 125.68 (2) as
764	764	if the intoxicating liquor were provided on the caterer's “Class B" licensed premises.
765	765	This paragraph does not authorize the National Railroad Museum to sell
766	766	intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of
767	767	retail sale. This paragraph does not apply if, at any time, the National Railroad
768	768	Museum holds a “Class B" license.
769	769	SECTION 17. 125.51 (3) (bv) 1. of the statutes is amended to read:
770	770	125.51 (3) (bv) 1. Subject to subds. 2. and 3., and notwithstanding ss. 125.04
771	771	(3) (a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization
772	772	specified in par. (a) or (b) and in sub. (1) (a), a “Class B" license issued under sub. (1)
773	773	to a caterer also authorizes the caterer to provide intoxicating liquor, including its
774	774	retail sale, on racetrack grounds, as defined in s. 125.27 (5) (a). Subject to subds. 2.
775	775	and 3., and notwithstanding pars. (a) and (b) and sub. (1) (a) and s. 125.32 (6) (a), a
776	776	caterer may provide intoxicating liquor under this subdivision at any location on
777	777	racetrack grounds even though the racetrack grounds are not part of the caterer's
778	778	licensed premises, as described under par. (d) 1. in the caterer's “Class B" license, and
779	779	even if the racetrack grounds are not located within the municipality that issued the
780	780	caterer's “Class B" license. A caterer that provides intoxicating liquor under this
781	781	subdivision is subject to s. 125.68 (2) and (4) as if the intoxicating liquor were
782	782	provided on the caterer's “Class B" licensed premises.
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808	808	LRB-2208/1
809	809	ARG:wlj
810	810	SECTION 18
811	811	ASSEMBLY BILL 127
812	812	SECTION 18. 125.51 (3) (bw) of the statutes is amended to read:
813	813	125.51 (3) (bw) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
814	814	addition to the authorization specified in par. (a) or (b) and in sub. (1) (a), a “Class
815	815	B" license issued under sub. (1) to a caterer also authorizes the caterer to provide
816	816	intoxicating liquor, including its retail sale, at the Heritage Hill state park during
817	817	special events held at this park. Notwithstanding pars. (a) and (b) and sub. (1) (a),
818	818	a caterer may provide intoxicating liquor under this paragraph at any location at the
819	819	Heritage Hill state park even though the Heritage Hill state park is not part of the
820	820	caterer's licensed premises, as described under par. (d) 1. in the caterer's “Class B"
821	821	license, and even if the Heritage Hill state park is not located within the municipality
822	822	that issued the caterer's “Class B" license. A caterer that provides intoxicating liquor
823	823	under this paragraph is subject to s. 125.68 (2) as if the intoxicating liquor were
824	824	provided on the caterer's “Class B" licensed premises. This paragraph does not
825	825	authorize the Heritage Hill state park to sell intoxicating liquor at retail or to procure
826	826	or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply
827	827	if, at any time, the Heritage Hill state park holds a “Class B" license.
828	828	SECTION 19. 125.51 (3) (bx) of the statutes is amended to read:
829	829	125.51 (3) (bx) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
830	830	addition to the authorization specified in par. (a) or (b) and in sub. (1) (a), a “Class
831	831	B" license issued under sub. (1) also authorizes the licensee to provide intoxicating
832	832	liquor, including its retail sale, at specific locations within the Ozaukee County
833	833	fairgrounds for consumption at these locations during special events held at the
834	834	fairgrounds, if the Ozaukee County board adopts a resolution approving the licensee
835	835	and if the licensee's “Class B” licensed premises are located in Ozaukee County.
836	836	Notwithstanding pars. (a) and (b) and sub. (1) (a), a licensee may provide intoxicating
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861	861	25 - 18 -2023 - 2024 Legislature LRB-2208/1
862	862	ARG:wlj
863	863	SECTION 19 ASSEMBLY BILL 127
864	864	liquor under this paragraph at the Ozaukee County fairgrounds even though the
865	865	Ozaukee County fairgrounds are not part of the licensee's licensed premises, as
866	866	described under par. (d) 1. in the licensee's “Class B” license, and even if the Ozaukee
867	867	County fairgrounds are not located within the municipality that issued the licensee's
868	868	“Class B” license. A licensee that provides intoxicating liquor under this paragraph
869	869	is subject to s. 125.68 (2) as if the intoxicating liquor were provided on the licensee's
870	870	“Class B” licensed premises. This paragraph does not authorize Ozaukee County or
871	871	any person operating or managing the Ozaukee County fairgrounds to sell
872	872	intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of
873	873	retail sale.
874	874	SECTION 20. 125.51 (3) (d) of the statutes is renumbered 125.51 (3) (d) 1. and
875	875	amended to read:
876	876	125.51 (3) (d) 1. “Class B" licenses shall particularly describe the premises for
877	877	which issued and. The premises for a “Class B” license may include, if described in
878	878	the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
879	879	with any structure described as licensed premises in the license application, even if
880	880	the parking spaces are not contiguous with the remainder of the “Class B” licensed
881	881	premises.
882	882	2. “Class B” licenses are not transferable, except as provided in s. 125.04 (12).
883	883	SECTION 21. 125.51 (6) of the statutes is renumbered 125.51 (6) (a) and
884	884	amended to read:
885	885	125.51 (6) (a) Except as provided in pars. (b) and (c) and subs. (3) (bm), (bs), and
886	886	(bx) and (5) (e) and except with respect to caterers, a retail license or permit issued
887	887	under this section authorizes only face-to-face sales to consumers at the premises
888	888	described in the retail license or permit.
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914	914	LRB-2208/1
915	915	ARG:wlj
916	916	SECTION 22
917	917	ASSEMBLY BILL 127
918	918	SECTION 22. 125.51 (6) (b) and (c) of the statutes are created to read:
919	919	125.51 (6) (b) 1. In this paragraph:
920	920	a. “Record” has the meaning given in s. 137.11 (12).
921	921	b. “Remote delivery order” has the meaning given in s. 125.272 (2) (a) 2.
922	922	2. A retail licensee may process and fill a remote delivery order if all of the
923	923	following apply:
924	924	a. The licensee holds a retail license issued under sub. (2) or (3), and the
925	925	intoxicating liquor is sold in original, unopened packages or containers or, if sold by
926	926	a licensee under sub. (3), in containers sealed, before removal from the licensed
927	927	premises, with a tamper-evident seal.
928	928	b. The products ordered are delivered to the customer by the licensee, by a
929	929	delivery service under common ownership with the licensee, or by a 3rd-party
930	930	delivery service and the licensee, delivery service under common ownership with the
931	931	licensee, or 3rd-party delivery service holds a permit issued under s. 125.20.
932	932	c. Full payment for the order is made at the time the order is placed and no
933	933	payment, other than a tip, is made at the time of delivery.
934	934	d. At the time the order is placed, the customer asserts that the customer has
935	935	attained the legal drinking age and is not intoxicated.
936	936	e. At the time the products ordered are delivered, the individual delivering the
937	937	order complies with subds. 3., 4., 5., and 6.
938	938	3. An individual may not deliver alcohol beverages to a customer under this
939	939	paragraph unless the individual making the delivery does all of the following at the
940	940	time of delivery:
941	941	a. Prior to transferring possession of the alcohol beverages to the customer,
942	942	confirms the customer receiving delivery is the person who placed the order.
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968	968	ARG:wlj
969	969	SECTION 22 ASSEMBLY BILL 127
970	970	b. Prior to transferring possession of the alcohol beverages to the customer,
971	971	performs an in-person examination of the customer's identification document
972	972	containing proof of age and verifies by visual examination and by using electronic
973	973	scanning technology that the customer receiving delivery of the order has attained
974	974	the legal drinking age.
975	975	c. Creates a record of the age verification under subd. 3. b.
976	976	4. An individual may not deliver alcohol beverages under this paragraph to a
977	977	person who is visibly intoxicated.
978	978	5. An individual may not deliver alcohol beverages to a customer under this
979	979	paragraph unless all of the following apply:
980	980	a. The individual has attained the legal drinking age.
981	981	b. The individual has successfully completed a responsible beverage server
982	982	training course or comparable training course as described in s. 125.04 (5) (a) 5.
983	983	6. An individual may not deliver intoxicating liquor to a customer under this
984	984	paragraph unless the individual completes the delivery during the following hours:
985	985	a. If the intoxicating liquor was sold by a “Class A” licensee, during hours in
986	986	which the “Class A” licensee is authorized to sell intoxicating liquor under s. 125.68
987	987	(4) (b) or, if more restrictive, during hours established by ordinance by a municipality
988	988	under s. 125.68 (4) (b).
989	989	b. If the intoxicating liquor was sold by a “Class B” licensee, during hours in
990	990	which the “Class B” licensee is authorized to sell intoxicating liquor under s. 125.68
991	991	(4) (c) 3. or, if more restrictive, during hours established by ordinance by a
992	992	municipality under s. 125.68 (4) (c) 3., or, if applicable, during hours in which the
993	993	“Class B” licensee is authorized to sell intoxicating liquor under s. 125.68 (4) (c) 3m.
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1017	1017	24 - 21 -2023 - 2024 Legislature
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1019	1019	ARG:wlj
1020	1020	SECTION 22
1021	1021	ASSEMBLY BILL 127
1022	1022	7. A 3rd-party delivery service or delivery service under common ownership
1023	1023	with a licensee shall provide to the retail licensee on whose behalf the delivery is
1024	1024	made an original or duplicate of each age verification record required under subd. 3.
1025	1025	c.
1026	1026	8. a. If a licensee processes and fills a remote delivery order under this
1027	1027	paragraph, the sale of intoxicating liquor occurs at the time the customer pays for
1028	1028	the intoxicating liquor, regardless of when the customer takes possession of the
1029	1029	intoxicating liquor.
1030	1030	b. Notwithstanding s. 125.69 (6), if a 3rd-party delivery service or delivery
1031	1031	service under common ownership with a licensee is unable to complete delivery of
1032	1032	intoxicating liquor to a customer under this paragraph, the 3rd-party delivery
1033	1033	service or delivery service under common ownership with a licensee shall return the
1034	1034	intoxicating liquor to the licensee from which the intoxicating liquor delivery
1035	1035	originated and the licensee shall cancel the sale of the intoxicating liquor and may
1036	1036	credit the customer's account. Notwithstanding s. 125.69 (6), if a licensee is unable
1037	1037	to complete delivery of intoxicating liquor to a customer under this paragraph, the
1038	1038	licensee shall cancel the sale of the intoxicating liquor and may credit the customer's
1039	1039	account.
1040	1040	9. a. Delivery of alcohol beverages under this paragraph to an underage person
1041	1041	shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party
1042	1042	delivery service or delivery service under common ownership with a licensee or s.
1043	1043	125.07 (1) (a) 2. if delivery is made by a licensee, as well as a violation for purposes
1044	1044	of s. 125.07 (1) (b) 1., subject to the same defenses that apply or would apply to a
1045	1045	licensee under s. 125.07 (6).
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1071	1071	SECTION 22 ASSEMBLY BILL 127
1072	1072	b. Delivery of alcohol beverages under this paragraph to a visibly intoxicated
1073	1073	person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a
1074	1074	3rd-party delivery service or delivery service under common ownership with a
1075	1075	licensee or s. 125.07 (2) (a) 2. if delivery is made by a licensee.
1076	1076	10. A person who receives delivery of alcohol beverages under this paragraph
1077	1077	may not resell the alcohol beverages.
1078	1078	11. Alcohol beverages may not be delivered under this paragraph to the
1079	1079	licensed premises of a Class “A,” “Class A,” Class “B,” “Class B,” or “Class C” licensee.
1080	1080	12. Nothing in this paragraph limits the discretion of a retail licensee, delivery
1081	1081	service under common ownership with a retail licensee, or 3rd-party delivery service
1082	1082	to decline in whole or in part to make retail sales by means of remote delivery order,
1083	1083	to reject individual remote delivery orders, or to limit, geographically or otherwise,
1084	1084	the locations to which remote delivery orders are delivered.
1085	1085	13. A retail licensee that processes and fills remote delivery orders may not do
1086	1086	any of the following with respect to intoxicating liquor offered for sale and delivery
1087	1087	under this paragraph:
1088	1088	a. Enter into any agreement with a manufacturer, rectifier, winery, or
1089	1089	wholesaler that restricts, or gives preference with respect to, the availability of any
1090	1090	intoxicating liquor brand on the basis that the intoxicating liquor will be offered for
1091	1091	sale and delivery under this paragraph.
1092	1092	b. Charge different prices for intoxicating liquor offered for sale and delivery
1093	1093	under this paragraph in comparison with the prices charged for the same products
1094	1094	sold in a face-to-face transaction under par. (a). This subd. 13. b. does not prohibit
1095	1095	the retail licensee from charging an additional fee for delivery.
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1122	1122	SECTION 22
1123	1123	ASSEMBLY BILL 127
1124	1124	(c) 1. In this paragraph, “remote pickup order” has the meaning given in s.
1125	1125	125.272 (3) (a).
1126	1126	2. If a “Class A” licensee receives a remote pickup order for intoxicating liquor
1127	1127	that the customer will pick up at a parking space that is part of the “Class A” licensed
1128	1128	premises, the sale of intoxicating liquor occurs at the time the customer takes
1129	1129	possession of the intoxicating liquor at the parking space that is part of the “Class
1130	1130	A” licensed premises, regardless of when the customer makes payment for the
1131	1131	intoxicating liquor.
1132	1132	3. If a “Class B” licensee receives a remote pickup order for intoxicating liquor
1133	1133	that the customer will pick up at a parking space that is part of the “Class B” licensed
1134	1134	premises, the sale of intoxicating liquor occurs at the time the customer takes
1135	1135	possession of the intoxicating liquor at the parking space that is part of the “Class
1136	1136	B” licensed premises, regardless of when the customer makes payment for the
1137	1137	intoxicating liquor. Notwithstanding sub. (3) (a) to (b), a “Class B” licensee's sale of
1138	1138	intoxicating liquor made by remote pickup order under this subdivision is authorized
1139	1139	only for consumption off the licensed premises. This subdivision does not affect any
1140	1140	restriction under sub. (3) (a) to (b) on a “Class B” licensee's authorization to sell
1141	1141	intoxicating liquor for consumption off the licensed premises.
1142	1142	4. If a “Class A” licensee makes a sale of intoxicating liquor by remote pickup
1143	1143	order under this paragraph, the customer may not take possession of the intoxicating
1144	1144	liquor during hours in which the “Class A” licensee is prohibited from selling
1145	1145	intoxicating liquor under s. 125.68 (4) (b) or, if more restrictive, during hours
1146	1146	established by ordinance by a municipality under s. 125.68 (4) (b). If a “Class B”
1147	1147	licensee makes a sale of intoxicating liquor by remote pickup order under this
1148	1148	paragraph, the customer may not take possession of the intoxicating liquor during
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1174	1174	ARG:wlj
1175	1175	SECTION 22 ASSEMBLY BILL 127
1176	1176	hours in which the “Class B” licensee is prohibited from selling intoxicating liquor
1177	1177	under s. 125.68 (4) (c) 3. or, if more restrictive, during hours established by ordinance
1178	1178	by a municipality under s. 125.32 (4) (c) 3., or, if applicable, during hours in which
1179	1179	the “Class B” licensee is prohibited from selling intoxicating liquor under s. 125.68
1180	1180	(4) (c) 3m.
1181	1181	SECTION 23. 139.11 (1m) of the statutes is created to read:
1182	1182	139.11 (1m) AGE VERIFICATION RECORDS FOR DELIVERED ALCOHOL BEVERAGES. (a)
1183	1183	If a retail licensee processes and fills a remote delivery order under s. 125.272 (2) or
1184	1184	125.51 (6) (b), the records required under sub. (1) shall include all of the following:
1185	1185	1. All age verification records created by the licensee as required under ss.
1186	1186	125.272 (2) (c) 3. and 125.51 (6) (b) 3. c.
1187	1187	2. All age verification records provided to the licensee by a 3rd-party delivery
1188	1188	service or delivery service under common ownership with the licensee under ss.
1189	1189	125.272 (2) (g) and 125.51 (6) (b) 7.
1190	1190	(b) A licensee shall retain the records required under par. (a) for 3 years from
1191	1191	the date the alcohol beverages are delivered.
1192	1192	SECTION 24. 139.25 (9) of the statutes is amended to read:
1193	1193	139.25 (9) FAILURE TO KEEP RECORDS. Failure to comply with s. 139.11 (1) or (1m)
1194	1194	shall carry a penalty of revocation by the secretary of revenue of the license or permit.
1195	1195	SECTION 25.0Effective date.
1196	1196	(1) This act takes effect on the first day of the 4th month beginning after
1197	1197	publication.
1198	1198	(END)
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