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2023 ASSEMBLY BILL 127
March 24, 2023 - Introduced by Representatives DUCHOW, MYERS, J. ANDERSON,
BARE, BEHNKE, CLANCY, HONG, JOERS, KITCHENS, MACCO, MADISON, RODRIGUEZ,
SCHMIDT, SPIROS, STUBBS, ZIMMERMAN and HAYWOOD, cosponsored by Senators
STROEBEL, ROYS, BALLWEG, BRADLEY, FEYEN and NASS. Referred to Committee
on State Affairs.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 125.25 (3), 125.26 (3), 125.272, 125.51 (2) (c),
125.51 (3) (d) and 125.51 (6); to amend 125.02 (20), 125.26 (2u), 125.26 (2v) (a),
125.26 (2w), 125.26 (2x), 125.51 (3) (bu), 125.51 (3) (bv) 1., 125.51 (3) (bw),
125.51 (3) (bx) and 139.25 (9); and to create 125.02 (20k), 125.07 (1) (b) 7.,
125.07 (2) (c), 125.10 (6), 125.20, 125.272 (2) and (3), 125.51 (6) (b) and (c) and
139.11 (1m) of the statutes; relating to: the face-to-face requirement for retail
sales of alcohol beverages and remote orders for the sale of alcohol beverages
to be delivered or picked up on retail licensed premises.
Analysis by the Legislative Reference Bureau
This bill allows most alcohol beverage retailers to make online or telephone
sales of alcohol beverages to be picked up by the customer at parking spaces that are
part of the retail licensed premises or to be delivered by the retailer or a delivery
service. The bill also prohibits municipalities from imposing by ordinance additional
restrictions on these sales for pickup and creates an alcohol delivery permit issued
by the Department of Revenue.
Current law
Under current law, with limited exceptions, no person may sell alcohol
beverages to a consumer unless the seller possesses a license or permit authorizing
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the sale. A Class “B" license authorizes the retail sale of fermented malt beverages
(beer) for consumption on or off the premises. Except when issued to a winery, a
“Class B" license authorizes the retail sale of intoxicating liquor, which includes wine
and distilled spirits, for consumption on the licensed premises and, subject to certain
restrictions, the retail sale of intoxicating liquor for consumption off the licensed
premises. Class “A” and “Class A” licenses authorize the retail sale of, respectively,
beer and intoxicating liquor in original packages for consumption off the licensed
premises. Each of these retail licenses is issued by a municipality.
Also under current law, a retail license authorizes only face-to-face sales of
alcohol beverages to consumers at the licensed premises. After the sale is made on
the licensed premises, if the alcohol beverages are sold for off-premises
consumption, the retailer may deliver the alcohol beverages to a location designated
by the consumer. The sale to the consumer on the licensed premises is governed by
certain requirements, including that the purchaser be of legal drinking age, that the
sale be made only during certain hours, and that the licensed premises be supervised
by a person holding an operator's (bartender's) license. The licensed premises on
which the sale occurs must be particularly described in the retail license issued by
the municipality, and each applicant for a retail license must identify in the
application the premises where alcohol beverages will be sold.
Delivery
This bill allows a Class “A,” “Class A,” Class “B,” or “Class B” licensed retailer
to process and fill an online or telephone order for the sale and delivery of alcohol
beverages (remote delivery order) if all of the following apply: 1) the products ordered
are delivered to the customer by the retailer, by a delivery service under common
ownership with the retailer, or by a delivery service that is independent of the
retailer and derives less than 50 percent of its annual revenues associated with food
and beverage delivery from the delivery of alcohol beverages (third-party delivery
service); 2) the retailer, delivery service under common ownership with the retailer,
or third-party delivery service making delivery holds an alcohol delivery permit
issued by DOR (discussed further below); 3) the products delivered are sold in
original, unopened packages or containers, except that a “Class B” licensed retailer
may deliver or have delivered intoxicating liquor sold in tamper-evident,
licensee-sealed containers (commonly known as cocktails-to-go); 4) full payment for
the order is made at the time the order is placed, although a delivery tip is permitted;
5) at the time the order is placed, the customer asserts that the customer is at least
21 years of age and not intoxicated; 6) delivery is completed during hours in which
the retailer is allowed to make sales for off-premises consumption; and 7) at the time
of delivery and prior to transferring possession of the alcohol beverages to the
customer, the individual making delivery examines the customer's identification,
verifies visually and by using electronic scanning technology that the customer is at
least 21 years of age, and creates a record of this age verification. Age verification
records must be retained by the retailer that sold the alcohol beverages for three
years. An individual may not deliver alcohol beverages to a customer unless the
individual is at least 21 years of age and has successfully completed a responsible
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be delivered to a person who is less than 21 years of age or visibly intoxicated. If
alcohol beverages are delivered by a third-party delivery service or a delivery service
under common ownership with the retailer to an underage person, the delivery
service is liable for the violation, and the retailer is not liable if the customer asserted
when placing the order that he or she is at least age 21 and not intoxicated.
The bill also prohibits a retailer from 1) entering into an agreement with a
producer or wholesaler restricting availability of, or giving availability preferences
for, alcohol beverage products offered for sale and delivery by means of remote
delivery orders; and 2) charging different prices for these products in comparison
with the prices of the same products sold in a face-to-face transaction on the licensed
premises, although a retailer may charge an additional fee for delivery.
The bill creates an alcohol delivery permit issued by DOR to retailers, delivery
services under common ownership with retailers, and third-party delivery services.
The permit authorizes the permittee to deliver alcohol beverages in connection with
remote delivery orders. A permit is valid for one year and has an annual fee of $150
for a retailer and $300 for a third-party delivery service or delivery service under
common ownership with a retailer.
Pickup
This bill provides that, if a Class “A,” “Class A,” Class “B," or “Class B” licensed
retailer receives a remote pickup order for alcohol beverages that the customer will
pick up at a parking space that is part of the retailer's licensed premises, the sale of
alcohol beverages occurs at the time the customer takes possession of the alcohol
beverages at the parking space, regardless of when the customer makes payment.
The bill defines “remote pickup order” as an order for the sale of alcohol beverages
in original unopened packages or containers, to be picked up at the retailer's
premises, that is placed by telephone or Internet by a customer who asserts at the
time of placing the order that he or she is at least 21 years of age. A Class “B” or “Class
B” licensee may sell alcohol beverages by remote pickup order only for consumption
off the licensed premises, and the customer may take possession of the alcohol
beverages only during hours in which the licensee is allowed to make sales for
off-premises consumption. The bill also specifies that licensed premises identified
in the retail license may include parking spaces associated with a structure
described as licensed premises, even if the parking spaces are not contiguous with
the remainder of the licensed premises. The bill also prohibits municipalities from
adopting ordinances that impose additional restrictions on alcohol beverage sales
made by these retailers pursuant to remote pickup orders.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 125.02 (20) of the statutes is amended to read:1 - 4 -2023 - 2024 Legislature LRB-2208/1
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125.02 (20) “Sell", Subject to ss. 125.272 (2) (h) 1. and (3) (b) and (c) and 125.51
(6) (b) 8. a. and (c) 2. and 3., “sell,” “sold",,” “sale," or “selling" means any transfer of
alcohol beverages with consideration or any transfer without consideration if
knowingly made for purposes of evading the law relating to the sale of alcohol
beverages or any shift, device, scheme or transaction for obtaining alcohol beverages,
including the solicitation of orders for, or the sale for future delivery of, alcohol
beverages.
SECTION 2. 125.02 (20k) of the statutes is created to read:
125.02 (20k) “Third-party delivery service” means a delivery service that is
independent of a retail licensee and that derives less than 50 percent of its annual
revenues associated with food and beverage delivery from the delivery of alcohol
beverages.
SECTION 3. 125.07 (1) (b) 7. of the statutes is created to read:
125.07 (1) (b) 7. If a licensee processes and fills a remote delivery order under
s. 125.272 (2) or 125.51 (6) (b) in reliance on the customer's assertion that the
customer has attained the legal drinking age and delivery is made by a 3rd-party
delivery service or a delivery service under common ownership with the licensee, the
licensee is not subject to any penalty under this paragraph and the only penalty
applicable if the alcohol beverages are delivered to an underage person is that
specified for the 3rd-party delivery service or delivery service under common
ownership with the licensee under ss. 125.272 (2) (i) 1. and 125.51 (6) (b) 9. a.
SECTION 4. 125.07 (2) (c) of the statutes is created to read:
125.07 (2) (c) Exception for certain delivered alcohol beverages. If a licensee
processes and fills a remote delivery order under s. 125.272 (2) or 125.51 (6) (b) in
reliance on the customer's assertion that the customer is not intoxicated, the licensee
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is not subject to any penalty under par. (b) unless the licensee delivers the alcohol
beverages and violates s. 125.272 (2) (d) or 125.51 (6) (b) 4. at the time of delivery.
SECTION 5. 125.10 (6) of the statutes is created to read:
125.10 (6) REMOTE PICKUP ORDERS OF ALCOHOL BEVERAGES. (a) Notwithstanding
sub. (1), and subject to par. (b), a municipality may not prescribe additional
regulations for, or impose additional restrictions relating to, sales of alcohol
beverages made pursuant to remote pickup order, as defined in s. 125.272 (3) (a), by
Class “A”, “Class A”, Class “B”, or “Class B” licensees. An ordinance that is
inconsistent with this paragraph may not be enforced.
(b) Paragraph (a) does not limit a municipality's authority to adopt ordinances
of general application that apply to all sales by a retail licensee, including ordinances
adopted under ss. 125.32 (3) (d) and 125.68 (4) (b) and (c) 3.
SECTION 6. 125.20 of the statutes is created to read:
125.20 Alcohol delivery permits. (1) The department shall issue alcohol
delivery permits to retail licensees, delivery services under common ownership with
retail licensees, and 3rd-party delivery services that authorize the permittee to
deliver alcohol beverages in connection with remote delivery orders under ss.
125.272 (2) and 125.51 (6) (b).
(2) An alcohol delivery permit may be issued only to a person who holds a valid
certificate issued under s. 73.03 (50). For purposes of s. 125.04 (6) (a) 2., the
appointment of an agent for a permittee under this section shall vest authority in the
agent with respect to all delivery operations, not limited to activities occurring on the
premises covered by the permit.
(3) A permit issued under this section shall be valid for one year. The annual
fee for initial issuance or renewal of the permit shall be $150 for an applicant that
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is a retail licensee and $300 for an applicant that is a 3rd-party delivery service or
a delivery service under common ownership with a retail licensee. The fee shall be
paid at the time of application for initial issuance or renewal of the permit and shall
be refunded to the applicant if the application is denied.
SECTION 7. 125.25 (3) of the statutes is renumbered 125.25 (3) (a) and amended
to read:
125.25 (3) (a) Class “A" licenses shall particularly describe the premises for
which issued and. The premises for a Class “A” license may include, if described in
the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
with any structure described as licensed premises in the license application, even if
the parking spaces are not contiguous with the remainder of the Class “A” licensed
premises.
(b) Class “A” licenses are not transferable, except under s. 125.04 (12).
(c) A Class “A" license is subject to revocation for violation of any of the terms
or provisions thereof.
SECTION 8. 125.26 (2u) of the statutes is amended to read:
125.26 (2u) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
addition to the authorization specified in sub. (1), a Class “B" license issued under
this section to a caterer also authorizes the caterer to provide fermented malt
beverages, including their retail sale, at the National Railroad Museum in Green
Bay during special events held at this museum. Notwithstanding sub. (1), a caterer
may provide fermented malt beverages under this subsection at any location at the
National Railroad Museum even though the National Railroad Museum is not part
of the caterer's licensed premises, as described under sub. (3) (a) in the caterer's
Class “B" license, and even if the National Railroad Museum is not located within the
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municipality that issued the caterer's Class “B" license. A caterer that provides
fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the
fermented malt beverages were provided on the caterer's Class “B" licensed
premises. This subsection does not authorize the National Railroad Museum to sell
fermented malt beverages at retail or to procure or stock fermented malt beverages
for purposes of retail sale. This subsection does not apply if, at any time, the National
Railroad Museum holds a Class “B" license.
SECTION 9. 125.26 (2v) (a) of the statutes is amended to read:
125.26 (2v) (a) Subject to pars. (b) and (c), and notwithstanding ss. 125.04 (3)
(a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization specified
in sub. (1), a Class “B" license issued under this section to a caterer also authorizes
the caterer to provide fermented malt beverages, including their retail sale, on
racetrack grounds, as defined in s. 125.27 (5) (a). Subject to pars. (b) and (c), and
notwithstanding sub. (1) and s. 125.32 (6) (a), a caterer may provide fermented malt
beverages under this paragraph at any location on racetrack grounds even though
the racetrack grounds are not part of the caterer's licensed premises, as described
under sub. (3) (a) in the caterer's Class “B" license, and even if the racetrack grounds
are not located within the municipality that issued the caterer's Class “B" license.
A caterer that provides fermented malt beverages under this paragraph is subject
to s. 125.32 (2) and (3) as if the fermented malt beverages were provided on the
caterer's Class “B" licensed premises.
SECTION 10. 125.26 (2w) of the statutes is amended to read:
125.26 (2w) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
addition to the authorization specified in sub. (1), a Class “B" license issued under
this section to a caterer also authorizes the caterer to provide fermented malt
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beverages, including their retail sale, at the Heritage Hill state park during special
events held at this park. Notwithstanding sub. (1), a caterer may provide fermented
malt beverages under this subsection at any location at the Heritage Hill state park
even though the Heritage Hill state park is not part of the caterer's licensed
premises, as described under sub. (3) (a) in the caterer's Class “B" license, and even
if the Heritage Hill state park is not located within the municipality that issued the
caterer's Class “B" license. A caterer that provides fermented malt beverages under
this subsection is subject to s. 125.32 (2) as if the fermented malt beverages were
provided on the caterer's Class “B" licensed premises. This subsection does not
authorize the Heritage Hill state park to sell fermented malt beverages at retail or
to procure or stock fermented malt beverages for purposes of retail sale. This
subsection does not apply if, at any time, the Heritage Hill state park holds a Class
“B" license.
SECTION 11. 125.26 (2x) of the statutes is amended to read:
125.26 (2x) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
addition to the authorization specified in sub. (1), a Class “B" license issued under
this section also authorizes the licensee to provide fermented malt beverages,
including their retail sale, at specific locations within the Ozaukee County
fairgrounds for consumption at these locations during special events held at the
fairgrounds, if the Ozaukee County board adopts a resolution approving the licensee
and if the licensee's Class “B” licensed premises are located in Ozaukee County.
Notwithstanding sub. (1), a licensee may provide fermented malt beverages under
this subsection at the Ozaukee County fairgrounds even though the Ozaukee County
fairgrounds are not part of the licensee's licensed premises, as described under sub.
(3) (a) in the licensee's Class “B” license, and even if the Ozaukee County fairgrounds
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are not located within the municipality that issued the Class “B” license. A licensee
that provides fermented malt beverages under this subsection is subject to s. 125.32
(2) as if the fermented malt beverages were provided on the licensee's Class “B”
licensed premises. Notwithstanding s. 125.34 (4) and (5), a wholesaler may deliver
fermented malt beverages to the Ozaukee County fairgrounds to a licensee approved
by the Ozaukee County board under this subsection and such an approved licensee
may transport fermented malt beverages from its licensed premises to the Ozaukee
County fairgrounds for purposes of selling the fermented malt beverages at the
Ozaukee County fairgrounds. This subsection does not authorize Ozaukee County
or any person operating or managing the Ozaukee County fairgrounds to sell
fermented malt beverages at retail or to procure or stock fermented malt beverages
for purposes of retail sale.
SECTION 12. 125.26 (3) of the statutes is renumbered 125.26 (3) (a) and
amended to read:
125.26 (3) (a) Class “B" licenses shall particularly describe the premises for
which issued and. The premises for a Class “B” license may include, if described in
the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
with any structure described as licensed premises in the license application, even if
the parking spaces are not contiguous with the remainder of the Class “B” licensed
premises.
(b) Class “B” licenses are not transferable, except as provided in s. 125.04 (12).
(c) A Class “B" license is subject to revocation for violation of any of the terms
or provisions thereof.
SECTION 13. 125.272 of the statutes is renumbered 125.272 (1) and amended
to read:
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125.272 (1) Except as provided in subs. (2) and (3) and ss. 125.26 (2m), (2s), and
(2x) and 125.27 (4) and except with respect to caterers, a retail license issued under
s. 125.25 or 125.26, and a retail permit issued under s. 125.27, authorizes only
face-to-face sales to consumers at the premises described in the retail license or
permit.
SECTION 14. 125.272 (2) and (3) of the statutes are created to read:
125.272 (2) (a) In this subsection:
1. “Record” has the meaning given in s. 137.11 (12).
2. “Remote delivery order” means an order for the sale and delivery of both food
and alcohol beverages or alcohol beverages alone that is received by a retail licensee
by means of the Internet, telephone, or any other method of communication under
which the customer is not physically located on the licensed premises.
(b) A retail licensee may process and fill a remote delivery order if all of the
following apply:
1. The licensee holds a retail license issued under s. 125.25 or 125.26, and the
fermented malt beverages are sold in original, unopened packages or containers.
2. The products ordered are delivered to the customer by the licensee, by a
delivery service under common ownership with the licensee, or by a 3rd-party
delivery service and the licensee, delivery service under common ownership with the
licensee, or 3rd-party delivery service holds a permit issued under s. 125.20.
3. Full payment for the order is made at the time the order is placed and no
payment, other than a tip, is made at the time of delivery.
4. At the time the order is placed, the customer asserts that the customer has
attained the legal drinking age and is not intoxicated.
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5. At the time the products ordered are delivered, the individual delivering the
order complies with pars. (c), (d), (e), and (f).
(c) An individual may not deliver alcohol beverages to a customer under this
subsection unless the individual making the delivery does all of the following at the
time of delivery:
1. Prior to transferring possession of the alcohol beverages to the customer,
confirms the customer receiving delivery is the person who placed the order.
2. Prior to transferring possession of the alcohol beverages to the customer,
performs an in-person examination of the customer's identification document
containing proof of age and verifies by visual examination and by using electronic
scanning technology that the customer receiving delivery of the order has attained
the legal drinking age.
3. Creates a record of the age verification under subd. 2.
(d) An individual may not deliver alcohol beverages under this subsection to
a person who is visibly intoxicated.
(e) An individual may not deliver alcohol beverages to a customer under this
subsection unless all of the following apply:
1. The individual has attained the legal drinking age.
2. The individual has successfully completed a responsible beverage server
training course or comparable training course as described in s. 125.04 (5) (a) 5.
(f) An individual may not deliver fermented malt beverages to a customer
under this subsection unless the individual completes the delivery during the
following hours:
1. If the fermented malt beverages were sold by a Class “A” licensee, during
hours in which the Class “A” licensee is authorized to sell fermented malt beverages
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under s. 125.32 (3) (b) or, if more restrictive, during hours established by ordinance
by a municipality under s. 125.32 (3) (d).
2. If the fermented malt beverages were sold by a Class “B” licensee, during
hours in which the Class “B” licensee is authorized to sell fermented malt beverages
under s. 125.32 (3) (am) or, if more restrictive, during hours established by ordinance
by a municipality under s. 125.32 (3) (d).
(g) A 3rd-party delivery service or delivery service under common ownership
with a licensee shall provide to the retail licensee on whose behalf the delivery is
made an original or duplicate of each age verification record required under par. (c)
3.
(h) 1. If a licensee processes and fills a remote delivery order under this
subsection, the sale of fermented malt beverages occurs at the time the customer
pays for the fermented malt beverages, regardless of when the customer takes
possession of the fermented malt beverages.
2. Notwithstanding s. 125.33 (9), if a 3rd-party delivery service or delivery
service under common ownership with a licensee is unable to complete delivery of
fermented malt beverages to a customer under this subsection, the 3rd-party
delivery service or delivery service under common ownership with a licensee shall
return the fermented malt beverages to the licensee from which the fermented malt
beverages delivery originated and the licensee shall cancel the sale of the fermented
malt beverages and may credit the customer's account. Notwithstanding s. 125.33
(9), if a licensee is unable to complete delivery of fermented malt beverages to a
customer under this subsection, the licensee shall cancel the sale of the fermented
malt beverages and may credit the customer's account.
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(i) 1. Delivery of alcohol beverages under this subsection to an underage person
shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party
delivery service or delivery service under common ownership with a licensee or s.
125.07 (1) (a) 2. if delivery is made by a licensee, as well as a violation for purposes
of s. 125.07 (1) (b) 1., subject to the same defenses that apply or would apply to a
licensee under s. 125.07 (6).
2. Delivery of alcohol beverages under this subsection to a visibly intoxicated
person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a
3rd-party delivery service or delivery service under common ownership with a
licensee or s. 125.07 (2) (a) 2. if delivery is made by a licensee.
(j) A person who receives delivery of alcohol beverages under this subsection
may not resell the alcohol beverages.
(k) Alcohol beverages may not be delivered under this subsection to the licensed
premises of a Class “A,” “Class A,” Class “B,” “Class B,” or “Class C” licensee.
(L) Nothing in this subsection limits the discretion of a retail licensee, delivery
service under common ownership with a retail licensee, or 3rd-party delivery service
to decline in whole or in part to make retail sales by means of remote delivery order,
to reject individual remote delivery orders, or to limit, geographically or otherwise,
the locations to which remote delivery orders are delivered.
(m) A retail licensee that processes and fills remote delivery orders may not do
any of the following with respect to fermented malt beverages offered for sale and
delivery under this subsection:
1. Enter into any agreement with a brewer, brewpub, or wholesaler that
restricts, or gives preference with respect to, the availability of any fermented malt
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beverage brand on the basis that the fermented malt beverages will be offered for
sale and delivery under this subsection.
2. Charge different prices for fermented malt beverages offered for sale and
delivery under this subsection in comparison with the prices charged for the same
products sold in a face-to-face transaction under sub. (1). This subdivision does not
prohibit the retail licensee from charging an additional fee for delivery.
(3) (a) In this subsection, “remote pickup order” means an order for the sale of
alcohol beverages in original unopened packages or containers, to be picked up at the
retailer's premises, that is placed by telephone or Internet by a customer who asserts
at the time of placing the order that he or she has attained the legal drinking age.
(b) If a Class “A” licensee receives a remote pickup order for fermented malt
beverages that the customer will pick up at a parking space that is part of the Class
“A” licensed premises, the sale of fermented malt beverages occurs at the time the
customer takes possession of the fermented malt beverages at the parking space that
is part of the Class “A” licensed premises, regardless of when the customer makes
payment for the fermented malt beverages.
(c) If a Class “B” licensee receives a remote pickup order for fermented malt
beverages that the customer will pick up at a parking space that is part of the Class
“B” licensed premises, the sale of fermented malt beverages occurs at the time the
customer takes possession of the fermented malt beverages at the parking space that
is part of the Class “B” licensed premises, regardless of when the customer makes
payment for the fermented malt beverages. Notwithstanding s. 125.26 (1), a Class
“B” licensee's sale of fermented malt beverages made by remote pickup order under
this paragraph is authorized only for consumption off the licensed premises.
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(d) If a Class “A” licensee makes a sale of fermented malt beverages by remote
pickup order under this subsection, the customer may not take possession of the
fermented malt beverages during hours in which the Class “A” licensee is prohibited
from selling fermented malt beverages under s. 125.32 (3) (b) or, if more restrictive,
during hours established by ordinance by a municipality under s. 125.32 (3) (d). If
a Class “B” licensee makes a sale of fermented malt beverages by remote pickup order
under this subsection, the customer may not take possession of the fermented malt
beverages during hours in which the Class “B” licensee is prohibited from selling
fermented malt beverages under s. 125.32 (3) (am) or, if more restrictive, during
hours established by ordinance by a municipality under s. 125.32 (3) (d).
SECTION 15. 125.51 (2) (c) of the statutes is renumbered 125.51 (2) (c) 1. and
amended to read:
125.51 (2) (c) 1. “Class A" licenses shall particularly describe the premises for
which issued and. The premises for a “Class A” license may include, if described in
the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
with any structure described as licensed premises in the license application, even if
the parking spaces are not contiguous with the remainder of the “Class A” licensed
premises.
2. “Class A” licenses are not transferable, except as provided in s. 125.04 (12).
SECTION 16. 125.51 (3) (bu) of the statutes is amended to read:
125.51 (3) (bu) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
addition to the authorization specified in sub. (1) (a) and in sub. (3) (a) or (b), a “Class
B" license issued under sub. (1) to a caterer also authorizes the caterer to provide
intoxicating liquor, including its retail sale, at the National Railroad Museum in
Green Bay during special events held at this museum. Notwithstanding subs. (1) (a)
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and (3) (a) and (b), a caterer may provide intoxicating liquor under this paragraph
at any location at the National Railroad Museum even though the National Railroad
Museum is not part of the caterer's licensed premises, as described under par. (d) 1.
in the caterer's “Class B" license, and even if the National Railroad Museum is not
located within the municipality that issued the caterer's “Class B" license. A caterer
that provides intoxicating liquor under this paragraph is subject to s. 125.68 (2) as
if the intoxicating liquor were provided on the caterer's “Class B" licensed premises.
This paragraph does not authorize the National Railroad Museum to sell
intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of
retail sale. This paragraph does not apply if, at any time, the National Railroad
Museum holds a “Class B" license.
SECTION 17. 125.51 (3) (bv) 1. of the statutes is amended to read:
125.51 (3) (bv) 1. Subject to subds. 2. and 3., and notwithstanding ss. 125.04
(3) (a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization
specified in par. (a) or (b) and in sub. (1) (a), a “Class B" license issued under sub. (1)
to a caterer also authorizes the caterer to provide intoxicating liquor, including its
retail sale, on racetrack grounds, as defined in s. 125.27 (5) (a). Subject to subds. 2.
and 3., and notwithstanding pars. (a) and (b) and sub. (1) (a) and s. 125.32 (6) (a), a
caterer may provide intoxicating liquor under this subdivision at any location on
racetrack grounds even though the racetrack grounds are not part of the caterer's
licensed premises, as described under par. (d) 1. in the caterer's “Class B" license, and
even if the racetrack grounds are not located within the municipality that issued the
caterer's “Class B" license. A caterer that provides intoxicating liquor under this
subdivision is subject to s. 125.68 (2) and (4) as if the intoxicating liquor were
provided on the caterer's “Class B" licensed premises.
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SECTION 18. 125.51 (3) (bw) of the statutes is amended to read:
125.51 (3) (bw) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
addition to the authorization specified in par. (a) or (b) and in sub. (1) (a), a “Class
B" license issued under sub. (1) to a caterer also authorizes the caterer to provide
intoxicating liquor, including its retail sale, at the Heritage Hill state park during
special events held at this park. Notwithstanding pars. (a) and (b) and sub. (1) (a),
a caterer may provide intoxicating liquor under this paragraph at any location at the
Heritage Hill state park even though the Heritage Hill state park is not part of the
caterer's licensed premises, as described under par. (d) 1. in the caterer's “Class B"
license, and even if the Heritage Hill state park is not located within the municipality
that issued the caterer's “Class B" license. A caterer that provides intoxicating liquor
under this paragraph is subject to s. 125.68 (2) as if the intoxicating liquor were
provided on the caterer's “Class B" licensed premises. This paragraph does not
authorize the Heritage Hill state park to sell intoxicating liquor at retail or to procure
or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply
if, at any time, the Heritage Hill state park holds a “Class B" license.
SECTION 19. 125.51 (3) (bx) of the statutes is amended to read:
125.51 (3) (bx) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
addition to the authorization specified in par. (a) or (b) and in sub. (1) (a), a “Class
B" license issued under sub. (1) also authorizes the licensee to provide intoxicating
liquor, including its retail sale, at specific locations within the Ozaukee County
fairgrounds for consumption at these locations during special events held at the
fairgrounds, if the Ozaukee County board adopts a resolution approving the licensee
and if the licensee's “Class B” licensed premises are located in Ozaukee County.
Notwithstanding pars. (a) and (b) and sub. (1) (a), a licensee may provide intoxicating
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liquor under this paragraph at the Ozaukee County fairgrounds even though the
Ozaukee County fairgrounds are not part of the licensee's licensed premises, as
described under par. (d) 1. in the licensee's “Class B” license, and even if the Ozaukee
County fairgrounds are not located within the municipality that issued the licensee's
“Class B” license. A licensee that provides intoxicating liquor under this paragraph
is subject to s. 125.68 (2) as if the intoxicating liquor were provided on the licensee's
“Class B” licensed premises. This paragraph does not authorize Ozaukee County or
any person operating or managing the Ozaukee County fairgrounds to sell
intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of
retail sale.
SECTION 20. 125.51 (3) (d) of the statutes is renumbered 125.51 (3) (d) 1. and
amended to read:
125.51 (3) (d) 1. “Class B" licenses shall particularly describe the premises for
which issued and. The premises for a “Class B” license may include, if described in
the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
with any structure described as licensed premises in the license application, even if
the parking spaces are not contiguous with the remainder of the “Class B” licensed
premises.
2. “Class B” licenses are not transferable, except as provided in s. 125.04 (12).
SECTION 21. 125.51 (6) of the statutes is renumbered 125.51 (6) (a) and
amended to read:
125.51 (6) (a) Except as provided in pars. (b) and (c) and subs. (3) (bm), (bs), and
(bx) and (5) (e) and except with respect to caterers, a retail license or permit issued
under this section authorizes only face-to-face sales to consumers at the premises
described in the retail license or permit.
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SECTION 22. 125.51 (6) (b) and (c) of the statutes are created to read:
125.51 (6) (b) 1. In this paragraph:
a. “Record” has the meaning given in s. 137.11 (12).
b. “Remote delivery order” has the meaning given in s. 125.272 (2) (a) 2.
2. A retail licensee may process and fill a remote delivery order if all of the
following apply:
a. The licensee holds a retail license issued under sub. (2) or (3), and the
intoxicating liquor is sold in original, unopened packages or containers or, if sold by
a licensee under sub. (3), in containers sealed, before removal from the licensed
premises, with a tamper-evident seal.
b. The products ordered are delivered to the customer by the licensee, by a
delivery service under common ownership with the licensee, or by a 3rd-party
delivery service and the licensee, delivery service under common ownership with the
licensee, or 3rd-party delivery service holds a permit issued under s. 125.20.
c. Full payment for the order is made at the time the order is placed and no
payment, other than a tip, is made at the time of delivery.
d. At the time the order is placed, the customer asserts that the customer has
attained the legal drinking age and is not intoxicated.
e. At the time the products ordered are delivered, the individual delivering the
order complies with subds. 3., 4., 5., and 6.
3. An individual may not deliver alcohol beverages to a customer under this
paragraph unless the individual making the delivery does all of the following at the
time of delivery:
a. Prior to transferring possession of the alcohol beverages to the customer,
confirms the customer receiving delivery is the person who placed the order.
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b. Prior to transferring possession of the alcohol beverages to the customer,
performs an in-person examination of the customer's identification document
containing proof of age and verifies by visual examination and by using electronic
scanning technology that the customer receiving delivery of the order has attained
the legal drinking age.
c. Creates a record of the age verification under subd. 3. b.
4. An individual may not deliver alcohol beverages under this paragraph to a
person who is visibly intoxicated.
5. An individual may not deliver alcohol beverages to a customer under this
paragraph unless all of the following apply:
a. The individual has attained the legal drinking age.
b. The individual has successfully completed a responsible beverage server
training course or comparable training course as described in s. 125.04 (5) (a) 5.
6. An individual may not deliver intoxicating liquor to a customer under this
paragraph unless the individual completes the delivery during the following hours:
a. If the intoxicating liquor was sold by a “Class A” licensee, during hours in
which the “Class A” licensee is authorized to sell intoxicating liquor under s. 125.68
(4) (b) or, if more restrictive, during hours established by ordinance by a municipality
under s. 125.68 (4) (b).
b. If the intoxicating liquor was sold by a “Class B” licensee, during hours in
which the “Class B” licensee is authorized to sell intoxicating liquor under s. 125.68
(4) (c) 3. or, if more restrictive, during hours established by ordinance by a
municipality under s. 125.68 (4) (c) 3., or, if applicable, during hours in which the
“Class B” licensee is authorized to sell intoxicating liquor under s. 125.68 (4) (c) 3m.
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7. A 3rd-party delivery service or delivery service under common ownership
with a licensee shall provide to the retail licensee on whose behalf the delivery is
made an original or duplicate of each age verification record required under subd. 3.
c.
8. a. If a licensee processes and fills a remote delivery order under this
paragraph, the sale of intoxicating liquor occurs at the time the customer pays for
the intoxicating liquor, regardless of when the customer takes possession of the
intoxicating liquor.
b. Notwithstanding s. 125.69 (6), if a 3rd-party delivery service or delivery
service under common ownership with a licensee is unable to complete delivery of
intoxicating liquor to a customer under this paragraph, the 3rd-party delivery
service or delivery service under common ownership with a licensee shall return the
intoxicating liquor to the licensee from which the intoxicating liquor delivery
originated and the licensee shall cancel the sale of the intoxicating liquor and may
credit the customer's account. Notwithstanding s. 125.69 (6), if a licensee is unable
to complete delivery of intoxicating liquor to a customer under this paragraph, the
licensee shall cancel the sale of the intoxicating liquor and may credit the customer's
account.
9. a. Delivery of alcohol beverages under this paragraph to an underage person
shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party
delivery service or delivery service under common ownership with a licensee or s.
125.07 (1) (a) 2. if delivery is made by a licensee, as well as a violation for purposes
of s. 125.07 (1) (b) 1., subject to the same defenses that apply or would apply to a
licensee under s. 125.07 (6).
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b. Delivery of alcohol beverages under this paragraph to a visibly intoxicated
person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a
3rd-party delivery service or delivery service under common ownership with a
licensee or s. 125.07 (2) (a) 2. if delivery is made by a licensee.
10. A person who receives delivery of alcohol beverages under this paragraph
may not resell the alcohol beverages.
11. Alcohol beverages may not be delivered under this paragraph to the
licensed premises of a Class “A,” “Class A,” Class “B,” “Class B,” or “Class C” licensee.
12. Nothing in this paragraph limits the discretion of a retail licensee, delivery
service under common ownership with a retail licensee, or 3rd-party delivery service
to decline in whole or in part to make retail sales by means of remote delivery order,
to reject individual remote delivery orders, or to limit, geographically or otherwise,
the locations to which remote delivery orders are delivered.
13. A retail licensee that processes and fills remote delivery orders may not do
any of the following with respect to intoxicating liquor offered for sale and delivery
under this paragraph:
a. Enter into any agreement with a manufacturer, rectifier, winery, or
wholesaler that restricts, or gives preference with respect to, the availability of any
intoxicating liquor brand on the basis that the intoxicating liquor will be offered for
sale and delivery under this paragraph.
b. Charge different prices for intoxicating liquor offered for sale and delivery
under this paragraph in comparison with the prices charged for the same products
sold in a face-to-face transaction under par. (a). This subd. 13. b. does not prohibit
the retail licensee from charging an additional fee for delivery.
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(c) 1. In this paragraph, “remote pickup order” has the meaning given in s.
125.272 (3) (a).
2. If a “Class A” licensee receives a remote pickup order for intoxicating liquor
that the customer will pick up at a parking space that is part of the “Class A” licensed
premises, the sale of intoxicating liquor occurs at the time the customer takes
possession of the intoxicating liquor at the parking space that is part of the “Class
A” licensed premises, regardless of when the customer makes payment for the
intoxicating liquor.
3. If a “Class B” licensee receives a remote pickup order for intoxicating liquor
that the customer will pick up at a parking space that is part of the “Class B” licensed
premises, the sale of intoxicating liquor occurs at the time the customer takes
possession of the intoxicating liquor at the parking space that is part of the “Class
B” licensed premises, regardless of when the customer makes payment for the
intoxicating liquor. Notwithstanding sub. (3) (a) to (b), a “Class B” licensee's sale of
intoxicating liquor made by remote pickup order under this subdivision is authorized
only for consumption off the licensed premises. This subdivision does not affect any
restriction under sub. (3) (a) to (b) on a “Class B” licensee's authorization to sell
intoxicating liquor for consumption off the licensed premises.
4. If a “Class A” licensee makes a sale of intoxicating liquor by remote pickup
order under this paragraph, the customer may not take possession of the intoxicating
liquor during hours in which the “Class A” licensee is prohibited from selling
intoxicating liquor under s. 125.68 (4) (b) or, if more restrictive, during hours
established by ordinance by a municipality under s. 125.68 (4) (b). If a “Class B”
licensee makes a sale of intoxicating liquor by remote pickup order under this
paragraph, the customer may not take possession of the intoxicating liquor during
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hours in which the “Class B” licensee is prohibited from selling intoxicating liquor
under s. 125.68 (4) (c) 3. or, if more restrictive, during hours established by ordinance
by a municipality under s. 125.32 (4) (c) 3., or, if applicable, during hours in which
the “Class B” licensee is prohibited from selling intoxicating liquor under s. 125.68
(4) (c) 3m.
SECTION 23. 139.11 (1m) of the statutes is created to read:
139.11 (1m) AGE VERIFICATION RECORDS FOR DELIVERED ALCOHOL BEVERAGES. (a)
If a retail licensee processes and fills a remote delivery order under s. 125.272 (2) or
125.51 (6) (b), the records required under sub. (1) shall include all of the following:
1. All age verification records created by the licensee as required under ss.
125.272 (2) (c) 3. and 125.51 (6) (b) 3. c.
2. All age verification records provided to the licensee by a 3rd-party delivery
service or delivery service under common ownership with the licensee under ss.
125.272 (2) (g) and 125.51 (6) (b) 7.
(b) A licensee shall retain the records required under par. (a) for 3 years from
the date the alcohol beverages are delivered.
SECTION 24. 139.25 (9) of the statutes is amended to read:
139.25 (9) FAILURE TO KEEP RECORDS. Failure to comply with s. 139.11 (1) or (1m)
shall carry a penalty of revocation by the secretary of revenue of the license or permit.
SECTION 25.0Effective date.
(1) This act takes effect on the first day of the 4th month beginning after
publication.
(END)
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