Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB130 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 SENATE BILL 130
5	5	March 14, 2023 - Introduced by Senators STROEBEL, ROYS, BALLWEG, BRADLEY,
6	6	FEYEN and NASS, cosponsored by Representatives DUCHOW, MYERS, J.
7	7	ANDERSON, BARE, BEHNKE, CLANCY, HONG, JOERS, KITCHENS, MADISON, MACCO,
8	8	RODRIGUEZ, SCHMIDT, SPIROS, STUBBS and ZIMMERMAN. Referred to Committee
9	9	on Government Operations, Elections and Consumer Protection.
10	10	AN ACT to renumber and amend 125.25 (3), 125.26 (3), 125.272, 125.51 (2) (c),
11	11	125.51 (3) (d) and 125.51 (6); to amend 125.02 (20), 125.26 (2u), 125.26 (2v) (a),
12	12	125.26 (2w), 125.26 (2x), 125.51 (3) (bu), 125.51 (3) (bv) 1., 125.51 (3) (bw),
13	13	125.51 (3) (bx) and 139.25 (9); and to create 125.02 (20k), 125.07 (1) (b) 7.,
14	14	125.07 (2) (c), 125.10 (6), 125.20, 125.272 (2) and (3), 125.51 (6) (b) and (c) and
15	15	139.11 (1m) of the statutes; relating to: the face-to-face requirement for retail
16	16	sales of alcohol beverages and remote orders for the sale of alcohol beverages
17	17	to be delivered or picked up on retail licensed premises.
18	18	Analysis by the Legislative Reference Bureau
19	19	This bill allows most alcohol beverage retailers to make online or telephone
20	20	sales of alcohol beverages to be picked up by the customer at parking spaces that are
21	21	part of the retail licensed premises or to be delivered by the retailer or a delivery
22	22	service. The bill also prohibits municipalities from imposing by ordinance additional
23	23	restrictions on these sales for pickup and creates an alcohol delivery permit issued
24	24	by the Department of Revenue.
25	25	Current law
26	26	Under current law, with limited exceptions, no person may sell alcohol
27	27	beverages to a consumer unless the seller possesses a license or permit authorizing
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37	37	SENATE BILL 130
38	38	the sale. A Class “B" license authorizes the retail sale of fermented malt beverages
39	39	(beer) for consumption on or off the premises. Except when issued to a winery, a
40	40	“Class B" license authorizes the retail sale of intoxicating liquor, which includes wine
41	41	and distilled spirits, for consumption on the licensed premises and, subject to certain
42	42	restrictions, the retail sale of intoxicating liquor for consumption off the licensed
43	43	premises. Class “A” and “Class A” licenses authorize the retail sale of, respectively,
44	44	beer and intoxicating liquor in original packages for consumption off the licensed
45	45	premises. Each of these retail licenses is issued by a municipality.
46	46	Also under current law, a retail license authorizes only face-to-face sales of
47	47	alcohol beverages to consumers at the licensed premises. After the sale is made on
48	48	the licensed premises, if the alcohol beverages are sold for off-premises
49	49	consumption, the retailer may deliver the alcohol beverages to a location designated
50	50	by the consumer. The sale to the consumer on the licensed premises is governed by
51	51	certain requirements, including that the purchaser be of legal drinking age, that the
52	52	sale be made only during certain hours, and that the licensed premises be supervised
53	53	by a person holding an operator's (bartender's) license. The licensed premises on
54	54	which the sale occurs must be particularly described in the retail license issued by
55	55	the municipality, and each applicant for a retail license must identify in the
56	56	application the premises where alcohol beverages will be sold.
57	57	Delivery
58	58	This bill allows a Class “A,” “Class A,” Class “B,” or “Class B” licensed retailer
59	59	to process and fill an online or telephone order for the sale and delivery of alcohol
60	60	beverages (remote delivery order) if all of the following apply: 1) the products ordered
61	61	are delivered to the customer by the retailer, by a delivery service under common
62	62	ownership with the retailer, or by a delivery service that is independent of the
63	63	retailer and derives less than 50 percent of its annual revenues associated with food
64	64	and beverage delivery from the delivery of alcohol beverages (third-party delivery
65	65	service); 2) the retailer, delivery service under common ownership with the retailer,
66	66	or third-party delivery service making delivery holds an alcohol delivery permit
67	67	issued by DOR (discussed further below); 3) the products delivered are sold in
68	68	original, unopened packages or containers, except that a “Class B” licensed retailer
69	69	may deliver or have delivered intoxicating liquor sold in tamper-evident,
70	70	licensee-sealed containers (commonly known as cocktails-to-go); 4) full payment for
71	71	the order is made at the time the order is placed, although a delivery tip is permitted;
72	72	5) at the time the order is placed, the customer asserts that the customer is at least
73	73	21 years of age and not intoxicated; 6) delivery is completed during hours in which
74	74	the retailer is allowed to make sales for off-premises consumption; and 7) at the time
75	75	of delivery and prior to transferring possession of the alcohol beverages to the
76	76	customer, the individual making delivery examines the customer's identification,
77	77	verifies visually and by using electronic scanning technology that the customer is at
78	78	least 21 years of age, and creates a record of this age verification. Age verification
79	79	records must be retained by the retailer that sold the alcohol beverages for three
80	80	years. An individual may not deliver alcohol beverages to a customer unless the
81	81	individual is at least 21 years of age and has successfully completed a responsible
82	82	beverage server training course or comparable course. Alcohol beverages may not - 3 -2023 - 2024 Legislature
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85	85	SENATE BILL 130
86	86	be delivered to a person who is less than 21 years of age or visibly intoxicated. If
87	87	alcohol beverages are delivered by a third-party delivery service or a delivery service
88	88	under common ownership with the retailer to an underage person, the delivery
89	89	service is liable for the violation, and the retailer is not liable if the customer asserted
90	90	when placing the order that he or she is at least age 21 and not intoxicated.
91	91	The bill also prohibits a retailer from 1) entering into an agreement with a
92	92	producer or wholesaler restricting availability of, or giving availability preferences
93	93	for, alcohol beverage products offered for sale and delivery by means of remote
94	94	delivery orders; and 2) charging different prices for these products in comparison
95	95	with the prices of the same products sold in a face-to-face transaction on the licensed
96	96	premises, although a retailer may charge an additional fee for delivery.
97	97	The bill creates an alcohol delivery permit issued by DOR to retailers, delivery
98	98	services under common ownership with retailers, and third-party delivery services.
99	99	The permit authorizes the permittee to deliver alcohol beverages in connection with
100	100	remote delivery orders. A permit is valid for one year and has an annual fee of $150
101	101	for a retailer and $300 for a third-party delivery service or delivery service under
102	102	common ownership with a retailer.
103	103	Pickup
104	104	This bill provides that, if a Class “A,” “Class A,” Class “B," or “Class B” licensed
105	105	retailer receives a remote pickup order for alcohol beverages that the customer will
106	106	pick up at a parking space that is part of the retailer's licensed premises, the sale of
107	107	alcohol beverages occurs at the time the customer takes possession of the alcohol
108	108	beverages at the parking space, regardless of when the customer makes payment.
109	109	The bill defines “remote pickup order” as an order for the sale of alcohol beverages
110	110	in original unopened packages or containers, to be picked up at the retailer's
111	111	premises, that is placed by telephone or Internet by a customer who asserts at the
112	112	time of placing the order that he or she is at least 21 years of age. A Class “B” or “Class
113	113	B” licensee may sell alcohol beverages by remote pickup order only for consumption
114	114	off the licensed premises, and the customer may take possession of the alcohol
115	115	beverages only during hours in which the licensee is allowed to make sales for
116	116	off-premises consumption. The bill also specifies that licensed premises identified
117	117	in the retail license may include parking spaces associated with a structure
118	118	described as licensed premises, even if the parking spaces are not contiguous with
119	119	the remainder of the licensed premises. The bill also prohibits municipalities from
120	120	adopting ordinances that impose additional restrictions on alcohol beverage sales
121	121	made by these retailers pursuant to remote pickup orders.
122	122	For further information see the state fiscal estimate, which will be printed as
123	123	an appendix to this bill.
124	124	The people of the state of Wisconsin, represented in senate and assembly, do
125	125	enact as follows:
126	126	SECTION 1. 125.02 (20) of the statutes is amended to read:1 - 4 -2023 - 2024 Legislature LRB-1140/1
127	127	ARG:wlj
128	128	SECTION 1 SENATE BILL 130
129	129	125.02 (20) “Sell", Subject to ss. 125.272 (2) (h) 1. and (3) (b) and (c) and 125.51
130	130	(6) (b) 8. a. and (c) 2. and 3., “sell,” “sold",,” “sale," or “selling" means any transfer of
131	131	alcohol beverages with consideration or any transfer without consideration if
132	132	knowingly made for purposes of evading the law relating to the sale of alcohol
133	133	beverages or any shift, device, scheme or transaction for obtaining alcohol beverages,
134	134	including the solicitation of orders for, or the sale for future delivery of, alcohol
135	135	beverages.
136	136	SECTION 2. 125.02 (20k) of the statutes is created to read:
137	137	125.02 (20k) “Third-party delivery service” means a delivery service that is
138	138	independent of a retail licensee and that derives less than 50 percent of its annual
139	139	revenues associated with food and beverage delivery from the delivery of alcohol
140	140	beverages.
141	141	SECTION 3. 125.07 (1) (b) 7. of the statutes is created to read:
142	142	125.07 (1) (b) 7. If a licensee processes and fills a remote delivery order under
143	143	s. 125.272 (2) or 125.51 (6) (b) in reliance on the customer's assertion that the
144	144	customer has attained the legal drinking age and delivery is made by a 3rd-party
145	145	delivery service or a delivery service under common ownership with the licensee, the
146	146	licensee is not subject to any penalty under this paragraph and the only penalty
147	147	applicable if the alcohol beverages are delivered to an underage person is that
148	148	specified for the 3rd-party delivery service or delivery service under common
149	149	ownership with the licensee under ss. 125.272 (2) (i) 1. and 125.51 (6) (b) 9. a.
150	150	SECTION 4. 125.07 (2) (c) of the statutes is created to read:
151	151	125.07 (2) (c) Exception for certain delivered alcohol beverages. If a licensee
152	152	processes and fills a remote delivery order under s. 125.272 (2) or 125.51 (6) (b) in
153	153	reliance on the customer's assertion that the customer is not intoxicated, the licensee
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181	181	SECTION 4
182	182	SENATE BILL 130
183	183	is not subject to any penalty under par. (b) unless the licensee delivers the alcohol
184	184	beverages and violates s. 125.272 (2) (d) or 125.51 (6) (b) 4. at the time of delivery.
185	185	SECTION 5. 125.10 (6) of the statutes is created to read:
186	186	125.10 (6) REMOTE PICKUP ORDERS OF ALCOHOL BEVERAGES. (a) Notwithstanding
187	187	sub. (1), and subject to par. (b), a municipality may not prescribe additional
188	188	regulations for, or impose additional restrictions relating to, sales of alcohol
189	189	beverages made pursuant to remote pickup order, as defined in s. 125.272 (3) (a), by
190	190	Class “A”, “Class A”, Class “B”, or “Class B” licensees. An ordinance that is
191	191	inconsistent with this paragraph may not be enforced.
192	192	(b) Paragraph (a) does not limit a municipality's authority to adopt ordinances
193	193	of general application that apply to all sales by a retail licensee, including ordinances
194	194	adopted under ss. 125.32 (3) (d) and 125.68 (4) (b) and (c) 3.
195	195	SECTION 6. 125.20 of the statutes is created to read:
196	196	125.20 Alcohol delivery permits. (1) The department shall issue alcohol
197	197	delivery permits to retail licensees, delivery services under common ownership with
198	198	retail licensees, and 3rd-party delivery services that authorize the permittee to
199	199	deliver alcohol beverages in connection with remote delivery orders under ss.
200	200	125.272 (2) and 125.51 (6) (b).
201	201	(2) An alcohol delivery permit may be issued only to a person who holds a valid
202	202	certificate issued under s. 73.03 (50). For purposes of s. 125.04 (6) (a) 2., the
203	203	appointment of an agent for a permittee under this section shall vest authority in the
204	204	agent with respect to all delivery operations, not limited to activities occurring on the
205	205	premises covered by the permit.
206	206	(3) A permit issued under this section shall be valid for one year. The annual
207	207	fee for initial issuance or renewal of the permit shall be $150 for an applicant that
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234	234	SECTION 6 SENATE BILL 130
235	235	is a retail licensee and $300 for an applicant that is a 3rd-party delivery service or
236	236	a delivery service under common ownership with a retail licensee. The fee shall be
237	237	paid at the time of application for initial issuance or renewal of the permit and shall
238	238	be refunded to the applicant if the application is denied.
239	239	SECTION 7. 125.25 (3) of the statutes is renumbered 125.25 (3) (a) and amended
240	240	to read:
241	241	125.25 (3) (a) Class “A" licenses shall particularly describe the premises for
242	242	which issued and. The premises for a Class “A” license may include, if described in
243	243	the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
244	244	with any structure described as licensed premises in the license application, even if
245	245	the parking spaces are not contiguous with the remainder of the Class “A” licensed
246	246	premises.
247	247	(b) Class “A” licenses are not transferable, except under s. 125.04 (12).
248	248	(c) A Class “A" license is subject to revocation for violation of any of the terms
249	249	or provisions thereof.
250	250	SECTION 8. 125.26 (2u) of the statutes is amended to read:
251	251	125.26 (2u) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
252	252	addition to the authorization specified in sub. (1), a Class “B" license issued under
253	253	this section to a caterer also authorizes the caterer to provide fermented malt
254	254	beverages, including their retail sale, at the National Railroad Museum in Green
255	255	Bay during special events held at this museum. Notwithstanding sub. (1), a caterer
256	256	may provide fermented malt beverages under this subsection at any location at the
257	257	National Railroad Museum even though the National Railroad Museum is not part
258	258	of the caterer's licensed premises, as described under sub. (3) (a) in the caterer's
259	259	Class “B" license, and even if the National Railroad Museum is not located within the
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287	287	SECTION 8
288	288	SENATE BILL 130
289	289	municipality that issued the caterer's Class “B" license. A caterer that provides
290	290	fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the
291	291	fermented malt beverages were provided on the caterer's Class “B" licensed
292	292	premises. This subsection does not authorize the National Railroad Museum to sell
293	293	fermented malt beverages at retail or to procure or stock fermented malt beverages
294	294	for purposes of retail sale. This subsection does not apply if, at any time, the National
295	295	Railroad Museum holds a Class “B" license.
296	296	SECTION 9. 125.26 (2v) (a) of the statutes is amended to read:
297	297	125.26 (2v) (a) Subject to pars. (b) and (c), and notwithstanding ss. 125.04 (3)
298	298	(a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization specified
299	299	in sub. (1), a Class “B" license issued under this section to a caterer also authorizes
300	300	the caterer to provide fermented malt beverages, including their retail sale, on
301	301	racetrack grounds, as defined in s. 125.27 (5) (a). Subject to pars. (b) and (c), and
302	302	notwithstanding sub. (1) and s. 125.32 (6) (a), a caterer may provide fermented malt
303	303	beverages under this paragraph at any location on racetrack grounds even though
304	304	the racetrack grounds are not part of the caterer's licensed premises, as described
305	305	under sub. (3) (a) in the caterer's Class “B" license, and even if the racetrack grounds
306	306	are not located within the municipality that issued the caterer's Class “B" license.
307	307	A caterer that provides fermented malt beverages under this paragraph is subject
308	308	to s. 125.32 (2) and (3) as if the fermented malt beverages were provided on the
309	309	caterer's Class “B" licensed premises.
310	310	SECTION 10. 125.26 (2w) of the statutes is amended to read:
311	311	125.26 (2w) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
312	312	addition to the authorization specified in sub. (1), a Class “B" license issued under
313	313	this section to a caterer also authorizes the caterer to provide fermented malt
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340	340	SECTION 10 SENATE BILL 130
341	341	beverages, including their retail sale, at the Heritage Hill state park during special
342	342	events held at this park. Notwithstanding sub. (1), a caterer may provide fermented
343	343	malt beverages under this subsection at any location at the Heritage Hill state park
344	344	even though the Heritage Hill state park is not part of the caterer's licensed
345	345	premises, as described under sub. (3) (a) in the caterer's Class “B" license, and even
346	346	if the Heritage Hill state park is not located within the municipality that issued the
347	347	caterer's Class “B" license. A caterer that provides fermented malt beverages under
348	348	this subsection is subject to s. 125.32 (2) as if the fermented malt beverages were
349	349	provided on the caterer's Class “B" licensed premises. This subsection does not
350	350	authorize the Heritage Hill state park to sell fermented malt beverages at retail or
351	351	to procure or stock fermented malt beverages for purposes of retail sale. This
352	352	subsection does not apply if, at any time, the Heritage Hill state park holds a Class
353	353	“B" license.
354	354	SECTION 11. 125.26 (2x) of the statutes is amended to read:
355	355	125.26 (2x) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
356	356	addition to the authorization specified in sub. (1), a Class “B" license issued under
357	357	this section also authorizes the licensee to provide fermented malt beverages,
358	358	including their retail sale, at specific locations within the Ozaukee County
359	359	fairgrounds for consumption at these locations during special events held at the
360	360	fairgrounds, if the Ozaukee County board adopts a resolution approving the licensee
361	361	and if the licensee's Class “B” licensed premises are located in Ozaukee County.
362	362	Notwithstanding sub. (1), a licensee may provide fermented malt beverages under
363	363	this subsection at the Ozaukee County fairgrounds even though the Ozaukee County
364	364	fairgrounds are not part of the licensee's licensed premises, as described under sub.
365	365	(3) (a) in the licensee's Class “B” license, and even if the Ozaukee County fairgrounds
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393	393	SECTION 11
394	394	SENATE BILL 130
395	395	are not located within the municipality that issued the Class “B” license. A licensee
396	396	that provides fermented malt beverages under this subsection is subject to s. 125.32
397	397	(2) as if the fermented malt beverages were provided on the licensee's Class “B”
398	398	licensed premises. Notwithstanding s. 125.34 (4) and (5), a wholesaler may deliver
399	399	fermented malt beverages to the Ozaukee County fairgrounds to a licensee approved
400	400	by the Ozaukee County board under this subsection and such an approved licensee
401	401	may transport fermented malt beverages from its licensed premises to the Ozaukee
402	402	County fairgrounds for purposes of selling the fermented malt beverages at the
403	403	Ozaukee County fairgrounds. This subsection does not authorize Ozaukee County
404	404	or any person operating or managing the Ozaukee County fairgrounds to sell
405	405	fermented malt beverages at retail or to procure or stock fermented malt beverages
406	406	for purposes of retail sale.
407	407	SECTION 12. 125.26 (3) of the statutes is renumbered 125.26 (3) (a) and
408	408	amended to read:
409	409	125.26 (3) (a) Class “B" licenses shall particularly describe the premises for
410	410	which issued and. The premises for a Class “B” license may include, if described in
411	411	the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
412	412	with any structure described as licensed premises in the license application, even if
413	413	the parking spaces are not contiguous with the remainder of the Class “B” licensed
414	414	premises.
415	415	(b) Class “B” licenses are not transferable, except as provided in s. 125.04 (12).
416	416	(c) A Class “B" license is subject to revocation for violation of any of the terms
417	417	or provisions thereof.
418	418	SECTION 13. 125.272 of the statutes is renumbered 125.272 (1) and amended
419	419	to read:
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446	446	SECTION 13 SENATE BILL 130
447	447	125.272 (1) Except as provided in subs. (2) and (3) and ss. 125.26 (2m), (2s), and
448	448	(2x) and 125.27 (4) and except with respect to caterers, a retail license issued under
449	449	s. 125.25 or 125.26, and a retail permit issued under s. 125.27, authorizes only
450	450	face-to-face sales to consumers at the premises described in the retail license or
451	451	permit.
452	452	SECTION 14. 125.272 (2) and (3) of the statutes are created to read:
453	453	125.272 (2) (a) In this subsection:
454	454	1. “Record” has the meaning given in s. 137.11 (12).
455	455	2. “Remote delivery order” means an order for the sale and delivery of both food
456	456	and alcohol beverages or alcohol beverages alone that is received by a retail licensee
457	457	by means of the Internet, telephone, or any other method of communication under
458	458	which the customer is not physically located on the licensed premises.
459	459	(b) A retail licensee may process and fill a remote delivery order if all of the
460	460	following apply:
461	461	1. The licensee holds a retail license issued under s. 125.25 or 125.26, and the
462	462	fermented malt beverages are sold in original, unopened packages or containers.
463	463	2. The products ordered are delivered to the customer by the licensee, by a
464	464	delivery service under common ownership with the licensee, or by a 3rd-party
465	465	delivery service and the licensee, delivery service under common ownership with the
466	466	licensee, or 3rd-party delivery service holds a permit issued under s. 125.20.
467	467	3. Full payment for the order is made at the time the order is placed and no
468	468	payment, other than a tip, is made at the time of delivery.
469	469	4. At the time the order is placed, the customer asserts that the customer has
470	470	attained the legal drinking age and is not intoxicated.
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494	494	24 - 11 -2023 - 2024 Legislature
495	495	LRB-1140/1
496	496	ARG:wlj
497	497	SECTION 14
498	498	SENATE BILL 130
499	499	5. At the time the products ordered are delivered, the individual delivering the
500	500	order complies with pars. (c), (d), (e), and (f).
501	501	(c) An individual may not deliver alcohol beverages to a customer under this
502	502	subsection unless the individual making the delivery does all of the following at the
503	503	time of delivery:
504	504	1. Prior to transferring possession of the alcohol beverages to the customer,
505	505	confirms the customer receiving delivery is the person who placed the order.
506	506	2. Prior to transferring possession of the alcohol beverages to the customer,
507	507	performs an in-person examination of the customer's identification document
508	508	containing proof of age and verifies by visual examination and by using electronic
509	509	scanning technology that the customer receiving delivery of the order has attained
510	510	the legal drinking age.
511	511	3. Creates a record of the age verification under subd. 2.
512	512	(d) An individual may not deliver alcohol beverages under this subsection to
513	513	a person who is visibly intoxicated.
514	514	(e) An individual may not deliver alcohol beverages to a customer under this
515	515	subsection unless all of the following apply:
516	516	1. The individual has attained the legal drinking age.
517	517	2. The individual has successfully completed a responsible beverage server
518	518	training course or comparable training course as described in s. 125.04 (5) (a) 5.
519	519	(f) An individual may not deliver fermented malt beverages to a customer
520	520	under this subsection unless the individual completes the delivery during the
521	521	following hours:
522	522	1. If the fermented malt beverages were sold by a Class “A” licensee, during
523	523	hours in which the Class “A” licensee is authorized to sell fermented malt beverages
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548	548	25 - 12 -2023 - 2024 Legislature LRB-1140/1
549	549	ARG:wlj
550	550	SECTION 14 SENATE BILL 130
551	551	under s. 125.32 (3) (b) or, if more restrictive, during hours established by ordinance
552	552	by a municipality under s. 125.32 (3) (d).
553	553	2. If the fermented malt beverages were sold by a Class “B” licensee, during
554	554	hours in which the Class “B” licensee is authorized to sell fermented malt beverages
555	555	under s. 125.32 (3) (am) or, if more restrictive, during hours established by ordinance
556	556	by a municipality under s. 125.32 (3) (d).
557	557	(g) A 3rd-party delivery service or delivery service under common ownership
558	558	with a licensee shall provide to the retail licensee on whose behalf the delivery is
559	559	made an original or duplicate of each age verification record required under par. (c)
560	560	3.
561	561	(h) 1. If a licensee processes and fills a remote delivery order under this
562	562	subsection, the sale of fermented malt beverages occurs at the time the customer
563	563	pays for the fermented malt beverages, regardless of when the customer takes
564	564	possession of the fermented malt beverages.
565	565	2. Notwithstanding s. 125.33 (9), if a 3rd-party delivery service or delivery
566	566	service under common ownership with a licensee is unable to complete delivery of
567	567	fermented malt beverages to a customer under this subsection, the 3rd-party
568	568	delivery service or delivery service under common ownership with a licensee shall
569	569	return the fermented malt beverages to the licensee from which the fermented malt
570	570	beverages delivery originated and the licensee shall cancel the sale of the fermented
571	571	malt beverages and may credit the customer's account. Notwithstanding s. 125.33
572	572	(9), if a licensee is unable to complete delivery of fermented malt beverages to a
573	573	customer under this subsection, the licensee shall cancel the sale of the fermented
574	574	malt beverages and may credit the customer's account.
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598	598	24 - 13 -2023 - 2024 Legislature
599	599	LRB-1140/1
600	600	ARG:wlj
601	601	SECTION 14
602	602	SENATE BILL 130
603	603	(i) 1. Delivery of alcohol beverages under this subsection to an underage person
604	604	shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party
605	605	delivery service or delivery service under common ownership with a licensee or s.
606	606	125.07 (1) (a) 2. if delivery is made by a licensee, as well as a violation for purposes
607	607	of s. 125.07 (1) (b) 1., subject to the same defenses that apply or would apply to a
608	608	licensee under s. 125.07 (6).
609	609	2. Delivery of alcohol beverages under this subsection to a visibly intoxicated
610	610	person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a
611	611	3rd-party delivery service or delivery service under common ownership with a
612	612	licensee or s. 125.07 (2) (a) 2. if delivery is made by a licensee.
613	613	(j) A person who receives delivery of alcohol beverages under this subsection
614	614	may not resell the alcohol beverages.
615	615	(k) Alcohol beverages may not be delivered under this subsection to the licensed
616	616	premises of a Class “A,” “Class A,” Class “B,” “Class B,” or “Class C” licensee.
617	617	(L) Nothing in this subsection limits the discretion of a retail licensee, delivery
618	618	service under common ownership with a retail licensee, or 3rd-party delivery service
619	619	to decline in whole or in part to make retail sales by means of remote delivery order,
620	620	to reject individual remote delivery orders, or to limit, geographically or otherwise,
621	621	the locations to which remote delivery orders are delivered.
622	622	(m) A retail licensee that processes and fills remote delivery orders may not do
623	623	any of the following with respect to fermented malt beverages offered for sale and
624	624	delivery under this subsection:
625	625	1. Enter into any agreement with a brewer, brewpub, or wholesaler that
626	626	restricts, or gives preference with respect to, the availability of any fermented malt
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651	651	ARG:wlj
652	652	SECTION 14 SENATE BILL 130
653	653	beverage brand on the basis that the fermented malt beverages will be offered for
654	654	sale and delivery under this subsection.
655	655	2. Charge different prices for fermented malt beverages offered for sale and
656	656	delivery under this subsection in comparison with the prices charged for the same
657	657	products sold in a face-to-face transaction under sub. (1). This subdivision does not
658	658	prohibit the retail licensee from charging an additional fee for delivery.
659	659	(3) (a) In this subsection, “remote pickup order” means an order for the sale of
660	660	alcohol beverages in original unopened packages or containers, to be picked up at the
661	661	retailer's premises, that is placed by telephone or Internet by a customer who asserts
662	662	at the time of placing the order that he or she has attained the legal drinking age.
663	663	(b) If a Class “A” licensee receives a remote pickup order for fermented malt
664	664	beverages that the customer will pick up at a parking space that is part of the Class
665	665	“A” licensed premises, the sale of fermented malt beverages occurs at the time the
666	666	customer takes possession of the fermented malt beverages at the parking space that
667	667	is part of the Class “A” licensed premises, regardless of when the customer makes
668	668	payment for the fermented malt beverages.
669	669	(c) If a Class “B” licensee receives a remote pickup order for fermented malt
670	670	beverages that the customer will pick up at a parking space that is part of the Class
671	671	“B” licensed premises, the sale of fermented malt beverages occurs at the time the
672	672	customer takes possession of the fermented malt beverages at the parking space that
673	673	is part of the Class “B” licensed premises, regardless of when the customer makes
674	674	payment for the fermented malt beverages. Notwithstanding s. 125.26 (1), a Class
675	675	“B” licensee's sale of fermented malt beverages made by remote pickup order under
676	676	this paragraph is authorized only for consumption off the licensed premises.
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701	701	LRB-1140/1
702	702	ARG:wlj
703	703	SECTION 14
704	704	SENATE BILL 130
705	705	(d) If a Class “A” licensee makes a sale of fermented malt beverages by remote
706	706	pickup order under this subsection, the customer may not take possession of the
707	707	fermented malt beverages during hours in which the Class “A” licensee is prohibited
708	708	from selling fermented malt beverages under s. 125.32 (3) (b) or, if more restrictive,
709	709	during hours established by ordinance by a municipality under s. 125.32 (3) (d). If
710	710	a Class “B” licensee makes a sale of fermented malt beverages by remote pickup order
711	711	under this subsection, the customer may not take possession of the fermented malt
712	712	beverages during hours in which the Class “B” licensee is prohibited from selling
713	713	fermented malt beverages under s. 125.32 (3) (am) or, if more restrictive, during
714	714	hours established by ordinance by a municipality under s. 125.32 (3) (d).
715	715	SECTION 15. 125.51 (2) (c) of the statutes is renumbered 125.51 (2) (c) 1. and
716	716	amended to read:
717	717	125.51 (2) (c) 1. “Class A" licenses shall particularly describe the premises for
718	718	which issued and. The premises for a “Class A” license may include, if described in
719	719	the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
720	720	with any structure described as licensed premises in the license application, even if
721	721	the parking spaces are not contiguous with the remainder of the “Class A” licensed
722	722	premises.
723	723	2. “Class A” licenses are not transferable, except as provided in s. 125.04 (12).
724	724	SECTION 16. 125.51 (3) (bu) of the statutes is amended to read:
725	725	125.51 (3) (bu) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
726	726	addition to the authorization specified in sub. (1) (a) and in sub. (3) (a) or (b), a “Class
727	727	B" license issued under sub. (1) to a caterer also authorizes the caterer to provide
728	728	intoxicating liquor, including its retail sale, at the National Railroad Museum in
729	729	Green Bay during special events held at this museum. Notwithstanding subs. (1) (a)
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755	755	ARG:wlj
756	756	SECTION 16 SENATE BILL 130
757	757	and (3) (a) and (b), a caterer may provide intoxicating liquor under this paragraph
758	758	at any location at the National Railroad Museum even though the National Railroad
759	759	Museum is not part of the caterer's licensed premises, as described under par. (d) 1.
760	760	in the caterer's “Class B" license, and even if the National Railroad Museum is not
761	761	located within the municipality that issued the caterer's “Class B" license. A caterer
762	762	that provides intoxicating liquor under this paragraph is subject to s. 125.68 (2) as
763	763	if the intoxicating liquor were provided on the caterer's “Class B" licensed premises.
764	764	This paragraph does not authorize the National Railroad Museum to sell
765	765	intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of
766	766	retail sale. This paragraph does not apply if, at any time, the National Railroad
767	767	Museum holds a “Class B" license.
768	768	SECTION 17. 125.51 (3) (bv) 1. of the statutes is amended to read:
769	769	125.51 (3) (bv) 1. Subject to subds. 2. and 3., and notwithstanding ss. 125.04
770	770	(3) (a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization
771	771	specified in par. (a) or (b) and in sub. (1) (a), a “Class B" license issued under sub. (1)
772	772	to a caterer also authorizes the caterer to provide intoxicating liquor, including its
773	773	retail sale, on racetrack grounds, as defined in s. 125.27 (5) (a). Subject to subds. 2.
774	774	and 3., and notwithstanding pars. (a) and (b) and sub. (1) (a) and s. 125.32 (6) (a), a
775	775	caterer may provide intoxicating liquor under this subdivision at any location on
776	776	racetrack grounds even though the racetrack grounds are not part of the caterer's
777	777	licensed premises, as described under par. (d) 1. in the caterer's “Class B" license, and
778	778	even if the racetrack grounds are not located within the municipality that issued the
779	779	caterer's “Class B" license. A caterer that provides intoxicating liquor under this
780	780	subdivision is subject to s. 125.68 (2) and (4) as if the intoxicating liquor were
781	781	provided on the caterer's “Class B" licensed premises.
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806	806	25 - 17 -2023 - 2024 Legislature
807	807	LRB-1140/1
808	808	ARG:wlj
809	809	SECTION 18
810	810	SENATE BILL 130
811	811	SECTION 18. 125.51 (3) (bw) of the statutes is amended to read:
812	812	125.51 (3) (bw) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
813	813	addition to the authorization specified in par. (a) or (b) and in sub. (1) (a), a “Class
814	814	B" license issued under sub. (1) to a caterer also authorizes the caterer to provide
815	815	intoxicating liquor, including its retail sale, at the Heritage Hill state park during
816	816	special events held at this park. Notwithstanding pars. (a) and (b) and sub. (1) (a),
817	817	a caterer may provide intoxicating liquor under this paragraph at any location at the
818	818	Heritage Hill state park even though the Heritage Hill state park is not part of the
819	819	caterer's licensed premises, as described under par. (d) 1. in the caterer's “Class B"
820	820	license, and even if the Heritage Hill state park is not located within the municipality
821	821	that issued the caterer's “Class B" license. A caterer that provides intoxicating liquor
822	822	under this paragraph is subject to s. 125.68 (2) as if the intoxicating liquor were
823	823	provided on the caterer's “Class B" licensed premises. This paragraph does not
824	824	authorize the Heritage Hill state park to sell intoxicating liquor at retail or to procure
825	825	or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply
826	826	if, at any time, the Heritage Hill state park holds a “Class B" license.
827	827	SECTION 19. 125.51 (3) (bx) of the statutes is amended to read:
828	828	125.51 (3) (bx) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
829	829	addition to the authorization specified in par. (a) or (b) and in sub. (1) (a), a “Class
830	830	B" license issued under sub. (1) also authorizes the licensee to provide intoxicating
831	831	liquor, including its retail sale, at specific locations within the Ozaukee County
832	832	fairgrounds for consumption at these locations during special events held at the
833	833	fairgrounds, if the Ozaukee County board adopts a resolution approving the licensee
834	834	and if the licensee's “Class B” licensed premises are located in Ozaukee County.
835	835	Notwithstanding pars. (a) and (b) and sub. (1) (a), a licensee may provide intoxicating
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860	860	25 - 18 -2023 - 2024 Legislature LRB-1140/1
861	861	ARG:wlj
862	862	SECTION 19 SENATE BILL 130
863	863	liquor under this paragraph at the Ozaukee County fairgrounds even though the
864	864	Ozaukee County fairgrounds are not part of the licensee's licensed premises, as
865	865	described under par. (d) 1. in the licensee's “Class B” license, and even if the Ozaukee
866	866	County fairgrounds are not located within the municipality that issued the licensee's
867	867	“Class B” license. A licensee that provides intoxicating liquor under this paragraph
868	868	is subject to s. 125.68 (2) as if the intoxicating liquor were provided on the licensee's
869	869	“Class B” licensed premises. This paragraph does not authorize Ozaukee County or
870	870	any person operating or managing the Ozaukee County fairgrounds to sell
871	871	intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of
872	872	retail sale.
873	873	SECTION 20. 125.51 (3) (d) of the statutes is renumbered 125.51 (3) (d) 1. and
874	874	amended to read:
875	875	125.51 (3) (d) 1. “Class B" licenses shall particularly describe the premises for
876	876	which issued and. The premises for a “Class B” license may include, if described in
877	877	the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated
878	878	with any structure described as licensed premises in the license application, even if
879	879	the parking spaces are not contiguous with the remainder of the “Class B” licensed
880	880	premises.
881	881	2. “Class B” licenses are not transferable, except as provided in s. 125.04 (12).
882	882	SECTION 21. 125.51 (6) of the statutes is renumbered 125.51 (6) (a) and
883	883	amended to read:
884	884	125.51 (6) (a) Except as provided in pars. (b) and (c) and subs. (3) (bm), (bs), and
885	885	(bx) and (5) (e) and except with respect to caterers, a retail license or permit issued
886	886	under this section authorizes only face-to-face sales to consumers at the premises
887	887	described in the retail license or permit.
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913	913	LRB-1140/1
914	914	ARG:wlj
915	915	SECTION 22
916	916	SENATE BILL 130
917	917	SECTION 22. 125.51 (6) (b) and (c) of the statutes are created to read:
918	918	125.51 (6) (b) 1. In this paragraph:
919	919	a. “Record” has the meaning given in s. 137.11 (12).
920	920	b. “Remote delivery order” has the meaning given in s. 125.272 (2) (a) 2.
921	921	2. A retail licensee may process and fill a remote delivery order if all of the
922	922	following apply:
923	923	a. The licensee holds a retail license issued under sub. (2) or (3), and the
924	924	intoxicating liquor is sold in original, unopened packages or containers or, if sold by
925	925	a licensee under sub. (3), in containers sealed, before removal from the licensed
926	926	premises, with a tamper-evident seal.
927	927	b. The products ordered are delivered to the customer by the licensee, by a
928	928	delivery service under common ownership with the licensee, or by a 3rd-party
929	929	delivery service and the licensee, delivery service under common ownership with the
930	930	licensee, or 3rd-party delivery service holds a permit issued under s. 125.20.
931	931	c. Full payment for the order is made at the time the order is placed and no
932	932	payment, other than a tip, is made at the time of delivery.
933	933	d. At the time the order is placed, the customer asserts that the customer has
934	934	attained the legal drinking age and is not intoxicated.
935	935	e. At the time the products ordered are delivered, the individual delivering the
936	936	order complies with subds. 3., 4., 5., and 6.
937	937	3. An individual may not deliver alcohol beverages to a customer under this
938	938	paragraph unless the individual making the delivery does all of the following at the
939	939	time of delivery:
940	940	a. Prior to transferring possession of the alcohol beverages to the customer,
941	941	confirms the customer receiving delivery is the person who placed the order.
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967	967	ARG:wlj
968	968	SECTION 22 SENATE BILL 130
969	969	b. Prior to transferring possession of the alcohol beverages to the customer,
970	970	performs an in-person examination of the customer's identification document
971	971	containing proof of age and verifies by visual examination and by using electronic
972	972	scanning technology that the customer receiving delivery of the order has attained
973	973	the legal drinking age.
974	974	c. Creates a record of the age verification under subd. 3. b.
975	975	4. An individual may not deliver alcohol beverages under this paragraph to a
976	976	person who is visibly intoxicated.
977	977	5. An individual may not deliver alcohol beverages to a customer under this
978	978	paragraph unless all of the following apply:
979	979	a. The individual has attained the legal drinking age.
980	980	b. The individual has successfully completed a responsible beverage server
981	981	training course or comparable training course as described in s. 125.04 (5) (a) 5.
982	982	6. An individual may not deliver intoxicating liquor to a customer under this
983	983	paragraph unless the individual completes the delivery during the following hours:
984	984	a. If the intoxicating liquor was sold by a “Class A” licensee, during hours in
985	985	which the “Class A” licensee is authorized to sell intoxicating liquor under s. 125.68
986	986	(4) (b) or, if more restrictive, during hours established by ordinance by a municipality
987	987	under s. 125.68 (4) (b).
988	988	b. If the intoxicating liquor was sold by a “Class B” licensee, during hours in
989	989	which the “Class B” licensee is authorized to sell intoxicating liquor under s. 125.68
990	990	(4) (c) 3. or, if more restrictive, during hours established by ordinance by a
991	991	municipality under s. 125.68 (4) (c) 3., or, if applicable, during hours in which the
992	992	“Class B” licensee is authorized to sell intoxicating liquor under s. 125.68 (4) (c) 3m.
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1018	1018	ARG:wlj
1019	1019	SECTION 22
1020	1020	SENATE BILL 130
1021	1021	7. A 3rd-party delivery service or delivery service under common ownership
1022	1022	with a licensee shall provide to the retail licensee on whose behalf the delivery is
1023	1023	made an original or duplicate of each age verification record required under subd. 3.
1024	1024	c.
1025	1025	8. a. If a licensee processes and fills a remote delivery order under this
1026	1026	paragraph, the sale of intoxicating liquor occurs at the time the customer pays for
1027	1027	the intoxicating liquor, regardless of when the customer takes possession of the
1028	1028	intoxicating liquor.
1029	1029	b. Notwithstanding s. 125.69 (6), if a 3rd-party delivery service or delivery
1030	1030	service under common ownership with a licensee is unable to complete delivery of
1031	1031	intoxicating liquor to a customer under this paragraph, the 3rd-party delivery
1032	1032	service or delivery service under common ownership with a licensee shall return the
1033	1033	intoxicating liquor to the licensee from which the intoxicating liquor delivery
1034	1034	originated and the licensee shall cancel the sale of the intoxicating liquor and may
1035	1035	credit the customer's account. Notwithstanding s. 125.69 (6), if a licensee is unable
1036	1036	to complete delivery of intoxicating liquor to a customer under this paragraph, the
1037	1037	licensee shall cancel the sale of the intoxicating liquor and may credit the customer's
1038	1038	account.
1039	1039	9. a. Delivery of alcohol beverages under this paragraph to an underage person
1040	1040	shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party
1041	1041	delivery service or delivery service under common ownership with a licensee or s.
1042	1042	125.07 (1) (a) 2. if delivery is made by a licensee, as well as a violation for purposes
1043	1043	of s. 125.07 (1) (b) 1., subject to the same defenses that apply or would apply to a
1044	1044	licensee under s. 125.07 (6).
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1070	1070	SECTION 22 SENATE BILL 130
1071	1071	b. Delivery of alcohol beverages under this paragraph to a visibly intoxicated
1072	1072	person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a
1073	1073	3rd-party delivery service or delivery service under common ownership with a
1074	1074	licensee or s. 125.07 (2) (a) 2. if delivery is made by a licensee.
1075	1075	10. A person who receives delivery of alcohol beverages under this paragraph
1076	1076	may not resell the alcohol beverages.
1077	1077	11. Alcohol beverages may not be delivered under this paragraph to the
1078	1078	licensed premises of a Class “A,” “Class A,” Class “B,” “Class B,” or “Class C” licensee.
1079	1079	12. Nothing in this paragraph limits the discretion of a retail licensee, delivery
1080	1080	service under common ownership with a retail licensee, or 3rd-party delivery service
1081	1081	to decline in whole or in part to make retail sales by means of remote delivery order,
1082	1082	to reject individual remote delivery orders, or to limit, geographically or otherwise,
1083	1083	the locations to which remote delivery orders are delivered.
1084	1084	13. A retail licensee that processes and fills remote delivery orders may not do
1085	1085	any of the following with respect to intoxicating liquor offered for sale and delivery
1086	1086	under this paragraph:
1087	1087	a. Enter into any agreement with a manufacturer, rectifier, winery, or
1088	1088	wholesaler that restricts, or gives preference with respect to, the availability of any
1089	1089	intoxicating liquor brand on the basis that the intoxicating liquor will be offered for
1090	1090	sale and delivery under this paragraph.
1091	1091	b. Charge different prices for intoxicating liquor offered for sale and delivery
1092	1092	under this paragraph in comparison with the prices charged for the same products
1093	1093	sold in a face-to-face transaction under par. (a). This subd. 13. b. does not prohibit
1094	1094	the retail licensee from charging an additional fee for delivery.
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1120	1120	ARG:wlj
1121	1121	SECTION 22
1122	1122	SENATE BILL 130
1123	1123	(c) 1. In this paragraph, “remote pickup order” has the meaning given in s.
1124	1124	125.272 (3) (a).
1125	1125	2. If a “Class A” licensee receives a remote pickup order for intoxicating liquor
1126	1126	that the customer will pick up at a parking space that is part of the “Class A” licensed
1127	1127	premises, the sale of intoxicating liquor occurs at the time the customer takes
1128	1128	possession of the intoxicating liquor at the parking space that is part of the “Class
1129	1129	A” licensed premises, regardless of when the customer makes payment for the
1130	1130	intoxicating liquor.
1131	1131	3. If a “Class B” licensee receives a remote pickup order for intoxicating liquor
1132	1132	that the customer will pick up at a parking space that is part of the “Class B” licensed
1133	1133	premises, the sale of intoxicating liquor occurs at the time the customer takes
1134	1134	possession of the intoxicating liquor at the parking space that is part of the “Class
1135	1135	B” licensed premises, regardless of when the customer makes payment for the
1136	1136	intoxicating liquor. Notwithstanding sub. (3) (a) to (b), a “Class B” licensee's sale of
1137	1137	intoxicating liquor made by remote pickup order under this subdivision is authorized
1138	1138	only for consumption off the licensed premises. This subdivision does not affect any
1139	1139	restriction under sub. (3) (a) to (b) on a “Class B” licensee's authorization to sell
1140	1140	intoxicating liquor for consumption off the licensed premises.
1141	1141	4. If a “Class A” licensee makes a sale of intoxicating liquor by remote pickup
1142	1142	order under this paragraph, the customer may not take possession of the intoxicating
1143	1143	liquor during hours in which the “Class A” licensee is prohibited from selling
1144	1144	intoxicating liquor under s. 125.68 (4) (b) or, if more restrictive, during hours
1145	1145	established by ordinance by a municipality under s. 125.68 (4) (b). If a “Class B”
1146	1146	licensee makes a sale of intoxicating liquor by remote pickup order under this
1147	1147	paragraph, the customer may not take possession of the intoxicating liquor during
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1173	1173	ARG:wlj
1174	1174	SECTION 22 SENATE BILL 130
1175	1175	hours in which the “Class B” licensee is prohibited from selling intoxicating liquor
1176	1176	under s. 125.68 (4) (c) 3. or, if more restrictive, during hours established by ordinance
1177	1177	by a municipality under s. 125.32 (4) (c) 3., or, if applicable, during hours in which
1178	1178	the “Class B” licensee is prohibited from selling intoxicating liquor under s. 125.68
1179	1179	(4) (c) 3m.
1180	1180	SECTION 23. 139.11 (1m) of the statutes is created to read:
1181	1181	139.11 (1m) AGE VERIFICATION RECORDS FOR DELIVERED ALCOHOL BEVERAGES. (a)
1182	1182	If a retail licensee processes and fills a remote delivery order under s. 125.272 (2) or
1183	1183	125.51 (6) (b), the records required under sub. (1) shall include all of the following:
1184	1184	1. All age verification records created by the licensee as required under ss.
1185	1185	125.272 (2) (c) 3. and 125.51 (6) (b) 3. c.
1186	1186	2. All age verification records provided to the licensee by a 3rd-party delivery
1187	1187	service or delivery service under common ownership with the licensee under ss.
1188	1188	125.272 (2) (g) and 125.51 (6) (b) 7.
1189	1189	(b) A licensee shall retain the records required under par. (a) for 3 years from
1190	1190	the date the alcohol beverages are delivered.
1191	1191	SECTION 24. 139.25 (9) of the statutes is amended to read:
1192	1192	139.25 (9) FAILURE TO KEEP RECORDS. Failure to comply with s. 139.11 (1) or (1m)
1193	1193	shall carry a penalty of revocation by the secretary of revenue of the license or permit.
1194	1194	SECTION 25.0Effective date.
1195	1195	(1) This act takes effect on the first day of the 4th month beginning after
1196	1196	publication.
1197	1197	(END)
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