Date of enactment:
2023 Senate Bill 268 Date of publication*:
2023 WISCONSIN ACT
AN ACT to repeal 125.06 (13), 125.28 (2) (e), 125.29 (2) (b) 1. and 2., 125.29 (3) (g), 125.51 (3) (am), 125.51 (3m)
(a), 125.52 (7) and 125.68 (4) (c) 3m.; to renumber 125.02 (16), 125.04 (8), 125.29 (2) (b) 3., 125.58 (2) and 565.02
(8) (e); to renumber and amend 125.02 (6), 125.045 (2), 125.045 (3), 125.09 (1), 125.29 (3) (h), 125.30 (3), 125.33
(9), 125.52 (1) (b) 1., 125.52 (1) (b) 2., 125.53 (1), 134.65 (1), 134.65 (1m) and 565.02 (8) (f); to amend 40.02 (48)
(am) 19., 40.02 (48) (c), 71.78 (1), 71.78 (4) (b), 71.78 (5), 71.78 (6), 72.06, 73.031, 77.61 (5) (b) 2., 77.61 (5) (c),
77.61 (5) (d), 78.80 (3), 125.02 (12), 125.02 (13), 125.02 (14m), 125.02 (23), 125.025 (3), 125.03 (title), 125.03 (1)
(a), 125.03 (1) (b), 125.03 (2), 125.04 (3) (a) (intro.), 125.04 (3) (a) 1., 125.04 (3) (b), 125.04 (3) (bm) (intro.), 125.04
(3) (c), 125.04 (3) (d) 1., 125.04 (3) (d) 2., 125.04 (3) (e) 2., 125.04 (3) (h), 125.04 (3) (j), 125.04 (4), 125.04 (5) (a)
5., 125.04 (5) (d) 1., 125.04 (5) (d) 2., 125.04 (5) (d) 3. a., 125.04 (6) (g), 125.04 (8) (title), 125.04 (8) (b), 125.04
(12) (a), 125.045 (title), 125.045 (1), 125.045 (2) (a), 125.06 (1), 125.06 (3g), 125.06 (11m), 125.07 (1) (b) 4., 125.07
(3) (a) 3., 125.07 (3) (a) 10., 125.07 (3) (a) 16., 125.07 (4) (f) 3., 125.105 (1), 125.12 (1) (a), 125.12 (1) (c), 125.12
(4) (title), 125.12 (4) (ag) (intro.), 125.12 (5) (title), 125.12 (5) (a), 125.12 (5) (b), 125.12 (5) (c), 125.12 (6) (a),
125.12 (6) (b), 125.12 (6) (c), 125.12 (6) (cm), 125.12 (6) (d), 125.12 (6) (dm), 125.12 (6) (e), 125.13, 125.14 (2)
(c), 125.14 (2) (d), 125.14 (2) (e), 125.14 (2) (f), 125.14 (3) (b), 125.145, 125.15 (1), 125.17 (6) (a) (intro.), 125.19
(1), 125.20 (5) (c) and (d), 125.26 (2m), 125.26 (2s) (b), 125.27 (1) (a), 125.27 (2) (a) 1. (intro.), 125.27 (2) (a) 2.,
125.27 (3) (b), 125.27 (5) (b) and (f), 125.275 (1), 125.275 (2) (b), 125.275 (3), 125.28 (1) (a), 125.28 (1) (b), 125.28
(2) (b) (intro.), 125.28 (2) (b) 1. a., 125.28 (2) (b) 1. b., 125.28 (2) (b) 1. c., 125.28 (2) (b) 2., 125.28 (4), 125.28 (5)
(b), 125.28 (5) (d) 3., 125.28 (5) (e), 125.29 (1), 125.29 (3) (intro.), 125.29 (3) (c), 125.29 (3) (e), 125.29 (3) (f),
125.29 (3) (i), 125.29 (6), 125.295 (1) (intro.), 125.295 (1) (a), 125.295 (1) (g), 125.295 (2) (a) 1., 125.295 (2) (a)
2., 125.295 (2) (a) 4., 125.295 (2) (a) 6. (intro.), 125.295 (2) (a) 6. a., 125.295 (2) (a) 6. b., 125.295 (2) (a) 6. c., 125.295
(2) (b), 125.295 (2) (c), 125.295 (4), 125.295 (5), 125.30 (1), 125.30 (2), 125.30 (4), 125.30 (5), 125.32 (2), 125.32
(6) (a), 125.33 (2) (a), 125.33 (2) (d), 125.33 (12), 125.34 (6), 125.51 (1) (a), 125.51 (2) (am), 125.51 (2) (e) 3., 125.51
(3) (a), 125.51 (3) (b), 125.51 (3) (bm), 125.51 (3) (bs) 2., 125.51 (3) (f), 125.51 (3m) (c), 125.51 (3r) (a) 3., 125.51
(3r) (b), 125.51 (4) (a) 1., 125.51 (4) (e) 1., 125.51 (5) (a) 1., 125.51 (5) (a) 4., 125.51 (5) (b) 2., 125.51 (5) (b) 4.,
125.51 (5) (c) 1., 125.51 (5) (d) 2., 125.51 (5) (f) 2. and 5., 125.52 (1) (a), 125.52 (2), 125.535 (1), 125.535 (2),
125.535 (3) (b) 2., 125.535 (3) (c), 125.54 (1), 125.54 (3), 125.54 (5), 125.54 (6), 125.54 (7) (a) 2., 125.54 (7) (c)
3., 125.54 (7) (d), 125.545 (title), 125.545 (1) (a), 125.545 (1) (d), 125.545 (1) (e), 125.545 (2) (a) 1., 125.545 (2)
(a) 3. b., 125.545 (2) (b), 125.545 (2) (c), 125.545 (3) (a) 1., 125.545 (3) (a) 2., 125.545 (3) (b), 125.545 (3) (c),
125.545 (4), 125.545 (5), 125.545 (6) (title) and (a) 1. and 2., 125.545 (6) (a) 1., 125.545 (6) (a) 3., 125.545 (6) (a)
4., 125.545 (6) (b), 125.545 (7), 125.55 (1), 125.56 (2) (a), 125.56 (2) (c), 125.56 (2) (d), 125.58 (1), 125.60 (1),
125.61 (1), 125.61 (3), 125.61 (4), 125.62 (1), 125.62 (3), 125.63 (1), 125.63 (3), 125.65 (1), 125.65 (4) (intro.),
125.65 (4) (e), 125.65 (6), 125.65 (10), 125.68 (2), 125.68 (4) (c) 1., 125.68 (4) (c) 3., 125.68 (9) (f), 125.68 (10)
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 268
(a) and (b), 125.69 (4) (e), 125.69 (7), 134.65 (title), 134.65 (1r), 134.65 (4), 134.65 (5m), 134.65 (8), 134.66 (1) (g),
139.01 (4), 139.01 (6), 139.03 (5) (a), 139.04 (4), 139.06 (3), 139.08 (3), 139.08 (4), 139.11 (1), 139.11 (4) (a) (intro.),
139.11 (4) (a) 2., 139.11 (4) (b) 2., 139.22, 139.25 (9), 139.38 (6), 139.44 (2), 139.44 (8) (a), 139.44 (8) (b) and (c),
139.82 (6), 185.043 (2), 227.52 (1), 230.08 (2) (e) 11., 230.36 (1m) (b) 2. (intro.), 230.36 (2m) (a) 9., 346.657 (1),
565.17 (5) (a), 565.40 (title), 565.50 (2), 565.50 (3) and 946.82 (4); to repeal and recreate 125.25 (2) (b), 125.26
(2) (b), 125.29 (2) (a) and 125.69 (1); and to create 15.433 (2), 19.42 (13) (q), 20.923 (4) (c) 7., 71.78 (1g), 71.78
(4) (v), 71.83 (6), 73.03 (51b), 77.61 (5) (am), 77.61 (5) (b) 15., 125.02 (1c), 125.02 (1g), 125.02 (5g), 125.02 (6)
(b), 125.02 (6d), 125.02 (6g), 125.02 (16) (bm), 125.025, 125.04 (3) (k), 125.04 (8) (b), 125.04 (8m), 125.045 (2)
(b), 125.045 (3) (b), 125.06 (3m) (c), 125.09 (1) (b) and (c), 125.09 (8), 125.11 (3), 125.12 (4) (ag) 9., 125.12 (5)
(bm), 125.12 (7), 125.175, 125.20, 125.21, 125.22, 125.23, 125.24, 125.27 (7), 125.28 (2) (b) 1. g., h. and i., 125.28
(2) (b) 1. j., 125.29 (2) (a) 6., 125.29 (3) (dm), 125.29 (3) (h) 3., 125.29 (7) and (8), 125.295 (1) (fm), 125.295 (2)
(a) 6. g., 125.30 (2) (d), 125.30 (3) (b), 125.30 (3) (c), 125.30 (3) (c) 5., 125.32 (3m) (L), 125.33 (2) (hr), 125.33 (9)
(c), 125.51 (3) (bg), 125.51 (4) (v) 5., 125.52 (1) (b) 3., 4. and 5., 125.52 (4) and (5), 125.53 (1) (a) 3., 4., 5. and 6.,
125.53 (3) and (4), 125.535 (3) (b) 3., 125.535 (3) (d) and (e), 125.535 (7), 125.545 (1) (ar), 125.545 (1) (cm), 125.545
(1) (em), 125.545 (2) (a) 4., 125.545 (3) (a) 2m., 125.545 (6) (a) 2m., 125.545 (6) (a) 3m., 125.58 (2) (b) and (c),
125.58 (5), 125.69 (1) (a) 5., (b) 5m., (c) 9. and (d) 5., 125.69 (9), 134.65 (1a), 134.65 (1g), 134.65 (1m) (a) 1. and
2., 134.65 (1m) (b), 134.65 (2m), 134.65 (3m), 139.01 (2p), 139.08 (5), 139.44 (2m), 139.44 (8) (am), 139.44 (8)
(d), 565.01 (6c), 565.02 (9) (intro.), 565.17 (5) (d), 565.40 (4), 565.50 (2m), 565.50 (4) and 995.15 of the statutes;
relating to: Department of Revenue enforcement; creating the Division of Alcohol Beverages attached to the Depart-
ment of Revenue; the regulation of alcohol beverages and enforcement of alcohol beverage laws; interest restrictions
relating to, and authorized activities of, brewers, brewpubs, wineries, manufacturers, rectifiers, wholesalers, and
retailers; shipping alcohol beverages by means of fulfillment houses and common carriers; the consumption of alco-
hol beverages in a public place; creating a no−sale event venue permit; creating an operator’s permit; liquor licenses
transferred from one municipality to another; retailers’ authorized activities; liquor license quotas; the safe ride pro-
gram; the presence of underage persons and conduct of other business on licensed premises; the occupational tax on
alcohol beverages; transporting certain homemade alcohol beverages into this state; repealing a rule promulgated
by the Department of Revenue; granting rule−making authority; and providing a penalty.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1g. 15.433 (2) of the statutes is created to
read:
15.433 (2) DIVISION OF ALCOHOL BEVERAGES. (a)
There is created a division of alcohol beverages attached
to the department of revenue under s. 15.03. The admin-
istrator of the division shall be appointed outside the clas-
sified service. The administrator of the division shall be
nominated by the secretary of revenue and with the
advice and consent of the senate appointed, to serve at the
pleasure of the secretary of revenue.
(b) There is created within the division of alcohol
beverages a bureau dedicated to enforcement and a
bureau dedicated to legal services, permitting, and
reporting, with each bureau headed by a director who
reports to, and serves at the pleasure of, the division
administrator.
(c) There is created within the division of alcohol
beverages a unit dedicated to education and community
outreach, headed by an individual who reports to the divi-
sion administrator.
SECTION 1j. 19.42 (13) (q) of the statutes is created
to read:
19.42 (13) (q) The administrator and employees of
the division of alcohol beverages.
SECTION 1m. 20.923 (4) (c) 7. of the statutes is cre-
ated to read:
20.923 (4) (c) 7. Revenue, department of; division of
alcohol beverages: administrator.
SECTION 1t. 40.02 (48) (am) 19. of the statutes is
amended to read:
40.02 (48) (am) 19. An excise tax investigator A spe-
cial agent employed by the department of revenue who is
authorized to act under s. 73.031.
SECTION 2. 40.02 (48) (c) of the statutes, as affected
by 2023 Wisconsin Act 4, is amended to read:
40.02 (48) (c) In s. 40.65, “protective occupation par-
ticipant” means a participating employee who is a police
officer, fire fighter, an individual determined by a partici-
pating employer under par. (a) or (bm) to be a protective
occupation participant, county undersheriff, deputy sher-
iff, county jailer who is certified as a protective occupa-
tion participant, state probation and parole officer,
county traffic police officer, conservation warden, state
forest ranger, field conservation employee of the depart-
ment of natural resources who is subject to call for forest
fire control or warden duty, member of the state traffic
patrol, state motor vehicle inspector, University of Wis-
consin System full−time police officer, guard or any
other employee whose principal duties are supervision
and discipline of inmates at a state penal institution, − 3 − 2023 Wisconsin Act 2023 Senate Bill 268
excise tax investigator special agent employed by the
department of revenue who is authorized to act under s.
73.031, person employed under s. 60.553 (1), 61.66 (1),
or 62.13 (2e) (a), or special criminal investigation agent
employed by the department of justice.
SECTION 3. 71.78 (1) of the statutes is amended to
read:
71.78 (1) DIVULGING INFORMATION. Except as pro-
vided in subs. (1g), (4), (4m), (10), and (11), no person
may divulge or circulate or offer to obtain, divulge, or cir-
culate any information derived from an income, fran-
chise, withholding, fiduciary, partnership, or limited lia-
bility company tax return or tax credit claim, including
information which may be furnished by the department
as provided in this section. This subsection does not pro-
hibit publication by any newspaper of information
lawfully derived from such returns or claims for purposes
of argument or prohibit any public speaker from referring
to such information in any address. This subsection does
not prohibit the department from publishing statistics
classified so as not to disclose the identity of particular
returns, or claims or reports and the items thereof. This
subsection does not prohibit employees or agents of the
department of revenue from offering or submitting any
return, including joint returns of a spouse or former
spouse, separate returns of a spouse, individual returns of
a spouse or former spouse, and combined individual
income tax returns, or from offering or submitting any
claim, schedule, exhibit, writing, or audit report or a copy
of, and any information derived from, any of those docu-
ments as evidence into the record of any contested matter
involving the department in proceedings or litigation on
state tax matters if, in the department’s judgment, that
evidence has reasonable probative value.
SECTION 4. 71.78 (1g) of the statutes is created to
read:
71.78 (1g) PERMISSIBLE DISCLOSURE BY DEPARTMENT
EMPLOYEES. An employee of the department may, in con-
nection with the employee’s official duties, disclose
information derived from a return or claim specified in
sub. (1) to the extent that the disclosure is necessary to
obtain information for the enforcement of the tax laws of
this state. The information that may be disclosed under
this subsection shall be strictly limited to, and used solely
for the purposes of, obtaining information necessary for
an audit, collection, inspection, or investigation by the
employee.
SECTION 5. 71.78 (4) (b) of the statutes is amended
to read:
71.78 (4) (b) The attorney general and department of
justice employees. A department of justice employee
may, in connection with the employee’s official duties,
disclose information, other than copies of information,
examined under this paragraph to a law enforcement
investigator participating in a department of justice
investigation of suspected criminal conduct. The infor-
mation that may be disclosed under this paragraph shall
be strictly limited to, and used solely for the purposes of,
obtaining information necessary for a department of jus-
tice investigation.
SECTION 6. 71.78 (4) (v) of the statutes is created to
read:
71.78 (4) (v) A federal grand jury or grand jury of this
state, upon receipt by the department of a grand jury sub-
poena.
SECTION 7. 71.78 (5) of the statutes, as affected by
2023 Wisconsin Act 19, is amended to read:
71.78 (5) AGREEMENT WITH DEPARTMENT. Copies of
returns and claims specified in sub. (1) and related sched-
ules, exhibits, writings or audit reports shall not be fur-
nished to the persons listed under sub. (4), except persons
under sub. (4) (e), (k), (m), (n), (o) and, (q), and (v) or
under an agreement between the department of revenue
and another agency of government.
SECTION 8. 71.78 (6) of the statutes is amended to
read:
71.78 (6) RESTRICTION ON USE OF INFORMATION. The
use of information obtained under sub. (4) or (5) is
restricted to the discharge of duties imposed upon the per-
sons by law or by the duties of their office or by order of
a court as provided under sub. (4) (f) or (v).
SECTION 9. 71.83 (6) of the statutes is created to read:
71.83 (6) AUTOMATED SALES SUPPRESSION DEVICES
AND PHANTOMWARE. (a) Definitions. In this subsection:
1. “Automated sales suppression device” means a
software program, including programs accessed through
the Internet or by any other means, that falsifies the elec-
tronic records, including transaction data and transaction
reports, of electronic cash registers and other point−of−
sale systems.
2. “Electronic cash register” means a device that
keeps a register or supporting documents by means of an
electronic device or computer system designed to record
transaction data for the purpose of computing, compil-
ing, or processing retail sales transaction data or transac-
tion reports.
3. “Phantomware” means a programming option
embedded in the operating system of an electronic cash
register, or hardwired into an electronic cash register, that
can be used to create a virtual 2nd electronic cash register
or eliminate or manipulate transaction records that may
or may not be preserved in digital formats to represent the
true or manipulated record of transactions in the elec-
tronic cash register.
4. “Transaction data” includes items purchased by a
customer, the price for each item, a taxability determina-
tion for each item, a segregated tax amount for each of the
taxed items, the amount of cash or credit tendered, the net
amount returned to the customer in change, the date and
time of the purchase, the name, address, and identifica-
tion number of the vendor, and the receipt or invoice
number of the transaction. − 4 −2023 Wisconsin Act 2023 Senate Bill 268
5. “Transaction report” means a report that includes
the sales, taxes collected, media totals, and discount
voids at an electronic cash register that is printed on cash
register tape at the end of a day or shift or a report docu-
menting every action at an electronic cash register that is
stored electronically.
(b) Automated sales suppression devices and phan-
tomware. Any person who creates, designs, manufac-
tures, sells, purchases, leases, installs, updates, repairs,
services, transfers, uses, or possesses in this state or
accesses from this state phantomware or an automated
sales suppression device, unless for a legitimate purpose,
is guilty of a Class D felony.
SECTION 10. 72.06 of the statutes is amended to read:
72.06 Confidentiality of tax returns. Sections
71.78 (1), (1g), (1m), and (4) to (9) and 71.83 (2) (a) 3.
and 3m. apply to any information obtained from any per-
son by the department on a death tax return, report, sched-
ule, exhibit or other document or from an audit report per-
taining to the tax return.
SECTION 11. 73.03 (51b) of the statutes is created to
read:
73.03 (51b) To revoke all permits, licenses, and cer-
tificates that the department has issued to a person for up
to 10 years for violating s. 71.83 (6) (b).
SECTION 12. 73.031 of the statutes is amended to
read:
73.031 Arrest powers; authority. A special agent
of the department of revenue who has been certified as a
law enforcement officer by the law enforcement stan-
dards board and who is on duty may arrest a person if the
special agent believes, on reasonable grounds, that a war-
rant for the person’s arrest has been issued in this state,
that a felony warrant has been issued in another state, that
the person is violating or has violated under the condi-
tions set forth in s. 968.07. Pursuant to s. 175.38, special
agents may investigate violations of s. 945.03 (2m) or,
945.04 (2m), or that the person is violating or has violated
s. 945.05 (1m) in a case in which the department deter-
mines that the video gambling machine involved is likely
to be used in connection with a violation of s. 945.03 (2m)
or 945.04 (2m) or if a crime has been committed in the
presence of the special agent. The special agent shall
cause the person arrested and the documents and reports
pertaining to the arrest to be delivered to the chief of
police or sheriff in the jurisdiction where the arrest is
made. The special agent shall be available as a witness
for the state. A special agent acting under this section is
an employee of the department and is subject to its direc-
tion, benefits and legal protection.
SECTION 13. 77.61 (5) (am) of the statutes is created
to read:
77.61 (5) (am) Notwithstanding par. (a), an employee
of the department may, in connection with the employ-
ee’s official duties, disclose information derived from a
return specified in par. (a) to the extent that the disclosure
is necessary for the enforcement of the tax laws of this
state. The disclosure shall be limited to the information
relevant to a particular matter in connection with an audit,
collection, inspection, or investigation.
SECTION 14. 77.61 (5) (b) 2. of the statutes is
amended to read:
77.61 (5) (b) 2. The attorney general and department
of justice employees. A department of justice employee
may, in connection with the employee’s official duties,
disclose information derived under this subdivision to a
law enforcement investigator participating in a depart-
ment of justice investigation. The disclosure shall be lim-
ited to the information relevant to a particular matter in
connection with the department of justice investigation.
SECTION 15. 77.61 (5) (b) 15. of the statutes is created
to read:
77.61 (5) (b) 15. A federal grand jury or grand jury
of this state, upon receipt by the department of a grand
jury subpoena.
SECTION 16. 77.61 (5) (c) of the statutes is amended
to read:
77.61 (5) (c) Copies of sales tax or use tax returns,
schedules, exhibits, writings or audit reports shall not be
furnished to the persons listed under par. (b), except per-
sons under par. (b) 5. or 15. or under an agreement
between the department and another agency of govern-
ment.
SECTION 17. 77.61 (5) (d) of the statutes is amended
to read:
77.61 (5) (d) The use of information obtained under
par. (b) or (c) is restricted to the discharge of duties
imposed upon the persons by law or by the duties of their
office or by order of a court as specified under par. (b) 6.
or 15.
SECTION 18. 78.80 (3) of the statutes is amended to
read:
78.80 (3) Sections 71.78 (1), (1g), and (4) to (9) and
71.83 (2) (a) 3., relating to confidentiality of income and
franchise tax returns, apply to any information obtained
from any person on a motor vehicle fuel, general aviation
fuel or alternate fuels tax return, report, schedule, exhibit,
or other document or from an audit report pertaining to
the same.
SECTION 19. 125.02 (1c) of the statutes is created to
read:
125.02 (1c) “Alcohol vapor device” means any
device that provides for the use of air or oxygen bubbled
through an alcohol beverage to produce a vapor or mist
that allows the user to inhale this alcoholic vapor through
the mouth or nose.
SECTION 19g. 125.02 (1g) of the statutes is created to
read:
125.02 (1g) “Axe throwing facility” means an estab-
lishment that provides customers with a venue to engage
in the activity of axe throwing and that either derives at
least 51 percent of its revenue from fees associated with − 5 − 2023 Wisconsin Act 2023 Senate Bill 268
axe throwing or maintains at the venue at least 5 axe
throwing lanes.
SECTION 19m. 125.02 (5g) of the statutes is created
to read:
125.02 (5g) “Division” means the division of alcohol
beverages in the department.
SECTION 20c. 125.02 (6) of the statutes is renum-
bered 125.02 (6) (intro.) and amended to read:
125.02 (6) (intro.) “Fermented malt beverages”
means any of the following:
(a) Any beverage made by the alcohol fermentation
of an infusion in potable water of barley malt and hops,
with or without unmalted grains or decorticated and
degerminated grains or sugar containing 0.5 percent or
more of alcohol by volume.
SECTION 21c. 125.02 (6) (b) of the statutes is created
to read:
125.02 (6) (b) Any beverage recognized by the fed-
eral department of the treasury as beer under 27 CFR part
25, except sake or similar products.
SECTION 21cm. 125.02 (6d) of the statutes is created
to read:
125.02 (6d) “Fulfillment house” means any entity,
whether located in this state or elsewhere, that handles
logistics, including warehousing, packaging, order ful-
fillment, or shipping services, on behalf of a person hold-
ing a direct wine shipper’s permit under s. 125.535 for
wine that is eligible to be shipped to individuals in this
state.
SECTION 21d. 125.02 (6g) of the statutes is created
to read:
125.02 (6g) “Full−service retail sales” means retail
sales of fermented malt beverages or intoxicating liquor,
for on−premises or off−premises consumption, or the
provision of taste samples of fermented malt beverages
or intoxicating liquor, or any combination of these activi-
ties.
SECTION 21e. 125.02 (12) of the statutes is amended
to read:
125.02 (12) “Peace officer” means a sheriff, under-
sheriff, deputy sheriff, police officer, constable, marshal,
deputy marshal or any employee of the department divi-
sion or of the department of justice authorized to act
under this chapter.
SECTION 21f. 125.02 (13) of the statutes is amended
to read:
125.02 (13) Except as provided in ss. 125.27 (6) and
125.51 (5) (g), “permit” means any permit issued by the
department division under this chapter.
SECTION 21g. 125.02 (14m) of the statutes is
amended to read:
125.02 (14m) “Premises” means the area described
in a license or permit, excluding a permit issued under s.
125.175.
SECTION 21h. 125.02 (14m) of the statutes, as
affected by 2023 Wisconsin Act .... (this act), is amended
to read:
125.02 (14m) “Premises” means the area described
in a license or permit, excluding a permit issued under s.
125.175 or 125.24.
SECTION 21i. 125.02 (16) of the statutes is renum-
bered 125.02 (16) (am).
SECTION 21j. 125.02 (16) (bm) of the statutes is cre-
ated to read:
125.02 (16) (bm) “Rectifier” does not include a
“Class B” licensee that prepares, stores, or dispenses
mixed drinks in advance of sale in compliance with s.
125.51 (3) (bg).
SECTION 21k. 125.02 (23) of the statutes is amended
to read:
125.02 (23) “Wine collector” means an individual
who meets the standards established by the department
division by rule and who is registered with the depart-
ment division as a collector of wine.
SECTION 21L. 125.025 of the statutes is created to
read:
125.025 Powers and duties of division. (1) ADMIN-
ISTRATION; PERSONNEL. (a) The division, under the direc-
tion and supervision of the administrator, shall adminis-
ter this chapter and have jurisdiction over alcohol
beverages regulation, enforcement, and education in this
state. The division is responsible for administering regu-
latory programs; promoting regulatory transparency;
promoting statutory changes to create clarity, consis-
tency, and simplicity in alcohol beverage regulatory
requirements; and ensuring active, consistent enforce-
ment of alcohol beverage laws.
(b) The administrator may appoint, in the classified
service, special agents and other employees necessary to
carry out the permitting, audit, legal, education, and
enforcement functions of the division. The division shall
employ no fewer than 10 alcohol beverage field agents to
perform enforcement activities under the direction of the
director of the bureau created under s. 15.433 (2) (b) dedi-
cated to enforcement.
(c) The administrator and any employee of the divi-
sion may not be employed by or have a substantial finan-
cial interest in the alcohol beverages industry or any busi-
ness subject to the division’s jurisdiction.
(2) POLICE POWERS. The division shall enforce, and
the duly authorized employees of the division shall have
all necessary police powers to prevent violations of, this
chapter.
(3) INSPECTION FOR ENFORCEMENT. Duly authorized
employees of the department of justice and the division
and any sheriff, police officer, marshal, or constable,
within their respective jurisdictions, may, during normal
business hours, enter any licensed premises, and examine − 6 −2023 Wisconsin Act 2023 Senate Bill 268
the books, papers, and records of any brewer, brewpub,
manufacturer, rectifier, wholesaler, or retailer and may
inspect and examine, according to law, any premises
where fermented malt beverages or intoxicating liquors
are manufactured, sold, exposed for sale, possessed, or
stored, for the purpose of inspecting the same and deter-
mining whether this chapter is being complied with. Any
refusal to permit such examination of such premises is
sufficient grounds under s. 125.12 for revocation or sus-
pension of any license or permit issued under this chapter
and is punishable under s. 125.11 (3).
(4) LIST OF PERMITTEES. The division shall provide
the department with all information necessary for the
department to publish the information specified in s.
139.11 (4) (a) 2. and (b) 2.
SECTION 21m. 125.025 (3) of the statutes, as created
by 2023 Wisconsin Act .... (this act), is amended to read:
125.025 (3) INSPECTION FOR ENFORCEMENT. Duly
authorized employees of the department of justice and
the division and any sheriff, police officer, marshal, or
constable, within their respective jurisdictions, may, dur-
ing normal business hours, enter any licensed premises,
and examine the books, papers, and records of any
brewer, brewpub, manufacturer, rectifier, wholesaler, or
retailer, fulfillment house, or common carrier and may
inspect and examine, according to law, any premises
where fermented malt beverages or intoxicating liquors
are manufactured, sold, exposed for sale, possessed, or
stored, for the purpose of inspecting the same and deter-
mining whether this chapter is being complied with. Any
refusal to permit such examination of such premises is
sufficient grounds under s. 125.12 for revocation or sus-
pension of any license or permit issued under this chapter
and is punishable under s. 125.11 (3).
SECTION 21n. 125.03 (title) of the statutes is
amended to read:
125.03 (title) Department Division rule making.
SECTION 21o. 125.03 (1) (a) of the statutes is
amended to read:
125.03 (1) (a) The department, in furtherance of
effective control, division may promulgate rules consis-
tent with this chapter and ch. 139 to carry out the divi-
sion’s duties under this chapter.
SECTION 21p. 125.03 (1) (b) of the statutes is
amended to read:
125.03 (1) (b) The department division shall promul-
gate rules providing for registration of wine collectors
and establishing standards of eligibility for registration
as a wine collector. The rules shall also specify the form
and manner of notice required under s. 125.06 (11m).
SECTION 21q. 125.03 (2) of the statutes is amended
to read:
125.03 (2) CONTAINERS. The department division
may by rule prescribe the standard size, form, or charac-
ter of any container in which intoxicating liquor may be
sold in this state except that the department division may
not set the size of containers in which intoxicating liquor,
except wine containing not more than 21 percent of alco-
hol by volume, may be sold at a capacity greater than 1.75
liters (59.1752 fluid ounces).
SECTION 21r. 125.04 (3) (a) (intro.) of the statutes is
amended to read:
125.04 (3) (a) Contents. (intro.) The department
division shall prepare an application form for each kind
of license, other than a manager’s or operator’s license,
and for each kind of permit issued under this chapter.
Each form shall require all of the following information:
SECTION 21rm. 125.04 (3) (a) (intro.) of the statutes,
as affected by 2023 Wisconsin Act .... (this act), is
amended to read:
125.04 (3) (a) Contents. (intro.) The division shall
prepare an application form for each kind of license,
other than a manager’s or operator’s license, and for each
kind of permit issued under this chapter. Each form,
except an operator’s permit form, shall require all of the
following information:
SECTION 21s. 125.04 (3) (a) 1. of the statutes is
amended to read:
125.04 (3) (a) 1. A history of the applicant relevant
to the applicant’s fitness to hold a license or permit,
including whether the applicant is a restricted investor
requiring disclosure under s. 125.20 (6) (a) 5. and the
basis of this status.
SECTION 21t. 125.04 (3) (b) of the statutes is
amended to read:
125.04 (3) (b) Application for renewing. The depart-
ment division may prepare a simplified application form
for renewal of each kind of license or permit which
requires only information pertinent to renewal.
SECTION 21u. 125.04 (3) (bm) (intro.) of the statutes
is amended to read:
125.04 (3) (bm) Signature on, and notarization of,
forms. (intro.) The application forms prepared by the
department division for a license or permit under this
chapter may not require any of the following:
SECTION 21v. 125.04 (3) (c) of the statutes is
amended to read:
125.04 (3) (c) Distribution. The department division
shall make one copy of each kind of license application
that it prepares available to each municipality.
SECTION 21w. 125.04 (3) (d) 1. of the statutes is
amended to read:
125.04 (3) (d) 1. An application form prepared by the
department division shall be used by each applicant for
a permit.
SECTION 21x. 125.04 (3) (d) 2. of the statutes is
amended to read:
125.04 (3) (d) 2. A replica of an application form pre-
pared by the department division shall be used by each
applicant for a license, other than a manager’s or opera-
tor’s license. − 7 − 2023 Wisconsin Act 2023 Senate Bill 268
SECTION 21y. 125.04 (3) (e) 2. of the statutes is
amended to read:
125.04 (3) (e) 2. The applicant shall file the applica-
tion for a permit with the department division.
SECTION 22. 125.04 (3) (h) of the statutes is amended
to read:
125.04 (3) (h) Subsequent changes. Within 10 30
days of any change in any fact set out in an application for
a license or permit to sell alcohol beverages, the licensee
or permittee shall file with the issuing authority a written
description of the changed fact, including any change in
restricted investors under s. 125.20 (6) (a) 5.
SECTION 22g. 125.04 (3) (j) of the statutes is
amended to read:
125.04 (3) (j) Penalty for materially false application
information, affidavit representation. Any person who
knowingly provides materially false information in an
application for a license or permit under this chapter or
on a form under par. (k), and any person who materially
violates any representation made in an affidavit under s.
125.20 (6) (a) 6. or (c) 4., may be required to forfeit not
more than $1,000.
SECTION 22m. 125.04 (3) (k) of the statutes is created
to read:
125.04 (3) (k) Approval of full−service retail outlets.
The division shall prepare a form for use by a brewer,
winery, manufacturer, or rectifier to request approval for
a full−service retail outlet under s. 125.29 (7) (d) 1.,
125.52 (4) (d) 1., or 125.53 (3) (d) 1. The form shall be
similar to the form for a retail license application under
par. (a). An applicant shall use the form to submit a
request for approval of a full−service retail outlet under
s. 125.29 (7) (d) 1., 125.52 (4) (d) 1., or 125.53 (3) (d) 1.
SECTION 23. 125.04 (4) of the statutes is amended to
read:
125.04 (4) LIST OF LICENSEES. By July 15 annually,
the clerk of a municipality issuing licenses shall mail to
the department division a list containing the name,
address, and trade name of each person holding a license
issued by that municipality, other than a manager’s or
operator’s license or a license issued under s. 125.26 (6),
the type of license held, and, if the person holding the
license is a corporation or limited liability company, the
name of the agent appointed under sub. (6). The division
shall annually publish this list on the division’s website.
SECTION 23g. 125.04 (5) (a) 5. of the statutes is
amended to read:
125.04 (5) (a) 5. Have successfully completed within
the 2 years prior to the date of application a responsible
beverage server training course at any location that is
offered by a technical college district and that conforms
to curriculum guidelines specified by the technical col-
lege system board or a comparable training course that is
approved by the department division or the department of
safety and professional services. This subdivision does
not apply to an applicant who held, or who was an agent
appointed and approved under sub. (6) of a corporation
or limited liability company that held, within the past 2
years, a Class “A”, “Class A” or “Class C” license or a
Class “B” or “Class B” license or permit or a manager’s
or operator’s license.
SECTION 23h. 125.04 (5) (a) 5. of the statutes, as
affected by 2023 Wisconsin Act .... (this act), is amended
to read:
125.04 (5) (a) 5. Have successfully completed within
the 2 years prior to the date of application a responsible
beverage server training course at any location that is
offered by a technical college district and that conforms
to curriculum guidelines specified by the technical col-
lege system board or a comparable training course that is
approved by the division or the department of safety and
professional services. This subdivision does not apply to
an applicant who held, or who was an agent appointed
and approved under sub. (6) of a corporation or limited
liability company that held, within the past 2 years, a
Class “A”, “Class A” or “Class C” license or a Class “B”
or “Class B” license or permit or a manager’s or opera-
tor’s license, or an operator’s permit .
SECTION 23j. 125.04 (5) (d) 1. of the statutes is
amended to read:
125.04 (5) (d) 1. Paragraph (a) 2. does not apply to
applicants for operators’ licenses issued under s. 125.17,
to applicants for operators’ permits issued under s.
125.175, or to applicants for managers’ licenses issued
under s. 125.18. Managers’ licenses may be issued only
to applicants who are residents of this state at the time of
issuance.
SECTION 23k. 125.04 (5) (d) 2. of the statutes is
amended to read:
125.04 (5) (d) 2. Paragraph (a) 3. does not apply to
applicants for operators’ licenses under s. 125.17 or to
applicants for operators’ permits under s. 125.175. Oper-
ators’ licenses and operators’ permits may be issued only
to applicants who have attained the age of 18.
SECTION 23m. 125.04 (5) (d) 3. a. of the statutes is
amended to read:
125.04 (5) (d) 3. a. Applicants for operators’ licenses
under s. 125.17 and for operators’ permits under s.
125.175.
SECTION 23n. 125.04 (6) (g) of the statutes is
amended to read:
125.04 (6) (g) Forms. If the department division or
any municipality prepares a form relating to the appoint-
ment of an agent under this subsection, including any
cancellation of an appointment or appointment of a suc-
cessor agent, the form may not require the signature of
more than one person signing on behalf of the corpora-
tion or limited liability company submitting the form.
SECTION 23o. 125.04 (8) (title) of the statutes is
amended to read:
125.04 (8) (title) PAYMENT OF LICENSE FEE; PERMIT
FEES. − 8 −2023 Wisconsin Act 2023 Senate Bill 268
SECTION 23p. 125.04 (8) of the statutes is renum-
bered 125.04 (8) (a).
SECTION 23q. 125.04 (8) (b) of the statutes is created
to read:
125.04 (8) (b) Unless the department established a
different permit fee before the effective date of this para-
graph .... [LRB inserts date], and except as provided in ss.
125.175 (3), 125.22 (1) (e), 125.23 (1) (c), 125.27 (5) (f),
125.28 (4), 125.295 (4), 125.51 (5) (f) 5., 125.535 (2),
and 125.65 (10), the division shall charge an annual fee
of $500 for each permit issued by the division under this
chapter.
SECTION 23r. 125.04 (8) (b) of the statutes, as created
by 2023 Wisconsin Act .... (this act), is amended to read:
125.04 (8) (b) Unless the department established a
different permit fee before the effective date of this para-
graph .... [LRB inserts date], and except as provided in ss.
125.175 (3), 125.22 (1) (e), 125.23 (1) (c), 125.24 (1) (e),
125.27 (5) (f), 125.28 (4), 125.295 (4), 125.51 (5) (f) 5.,
125.535 (2), and 125.65 (10), the division shall charge an
annual fee of $500 for each permit issued by the division
under this chapter.
SECTION 24. 125.04 (8m) of the statutes is created to
read:
125.04 (8m) PAYMENT OF CRIMINAL HISTORY FEES.
Any fees incurred by the division under s. 165.82 (1) (am)
for purposes of verifying a permit applicant’s eligibility
under sub. (5) (a) 1. and (b) shall be paid by the applicant
to the division upon application for the permit.
SECTION 24c. 125.04 (12) (a) of the statutes is
amended to read:
125.04 (12) (a) From place to place. Every alcohol
beverage license or permit may be transferred to another
place or premises within the same municipality. An alco-
hol beverage warehouse permit under s. 125.19, a winery
permit under s. 125.53, or an intoxicating liquor a whole-
saler’s permit under s. 125.28 or 125.54 may be trans-
ferred to another premises within this state. Transfers
shall be made by the issuing authority upon payment of
a fee of $10 to the issuing authority. No retail licensee,
retail permittee, intoxicating liquor wholesaler permit-
tee, or holder of a warehouse or winery permit is entitled
to more than one transfer during the license or permit
year. This paragraph does not apply to a license issued
under s. 125.51 (4) (v) or to a reserve “Class B” license,
as defined in s. 125.51 (4) (a).
SECTION 24d. 125.045 (title) of the statutes is
amended to read:
125.045 (title) Booklet for licensees and permit-
tees; safe ride program information.
SECTION 24e. 125.045 (1) of the statutes is amended
to read:
125.045 (1) The department division shall prepare a
booklet explaining the state statutes and rules relating to
the retail sale of alcohol beverages, written concisely in
language which is clearly understood by those required
to utilize it.
SECTION 24f. 125.045 (2) of the statutes is renum-
bered 125.045 (2) (a) and amended to read:
125.045 (2) (a) The department division shall pro-
vide a copy of the booklet under sub. (1) free of charge
to each person issued a permit, including a renewal,
under s. 125.27 or 125.51 (5). The department division
shall provide the booklet for a charge not to exceed cost,
as provided under s. 20.908, to municipalities.
SECTION 24g. 125.045 (2) (a) of the statutes, as
affected by 2023 Wisconsin Act .... (this act), is amended
to read:
125.045 (2) (a) The division shall provide a copy of
the booklet under sub. (1) free of charge to each person
issued a permit, including a renewal, under s. 125.175,
125.27, or 125.51 (5). The division shall provide the
booklet for a charge not to exceed cost, as provided under
s. 20.908, to municipalities.
SECTION 24h. 125.045 (2) (b) of the statutes is cre-
ated to read:
125.045 (2) (b) The division shall provide to each
person initially issued a permit under s. 125.27 or 125.51
(5) information regarding the safe ride program
described in s. 85.55.
SECTION 24i. 125.045 (3) of the statutes is renum-
bered 125.045 (3) (a) and amended to read:
125.045 (3) (a) A municipality shall provide a copy
of the booklet under sub. (1) to each person issued a
license, including a renewal, under s. 125.17, 125.18,
125.25, 125.26 or 125.51 (1) by the municipality unless
the municipality requires the person to complete an
instructional program which includes the subject matter
of the booklet or unless the person completes the program
under s. 125.04 (5) (a) 5. or 125.17 (6). This section does
not preclude a municipality from charging a fee for such
a program. A municipality may charge for the booklet in
an amount not to exceed the amount charged by the
department division under sub. (2) (a).
SECTION 24j. 125.045 (3) (b) of the statutes is created
to read:
125.045 (3) (b) A municipality shall provide to each
person initially issued a license under s. 125.26 (1) or
125.51 (3) or (3m) information regarding the safe ride
program described in s. 85.55.
SECTION 24k. 125.06 (1) of the statutes is amended
to read:
125.06 (1) BREWERS’ PREMISES. The furnishing, by
brewers, of fermented malt beverages free of charge to
customers, visitors, and employees on the brewery
premises if the fermented malt beverages are consumed
on the brewery premises and are not furnished or con-
sumed in or near any room or place where intoxicating
liquor is sold. − 9 − 2023 Wisconsin Act 2023 Senate Bill 268
SECTION 24m. 125.06 (3g) of the statutes is amended
to read:
125.06 (3g) WINE OR FERMENTED MALT BEVERAGES
MADE AT SUPPLY STORES. The manufacture of wine or fer-
mented malt beverages by any person at a business pri-
marily engaged in selling supplies and equipment for use
by homebrewers or home winemakers, and, notwith-
standing s. 125.09 (1), the tasting at the business of wine
or fermented malt beverages so manufactured, if the wine
or fermented malt beverages are not sold or offered for
sale. Wine or fermented malt beverages provided at a
business for tasting under this subsection may only be
provided by a person who holds an operator’s license
issued under s. 125.17 or an operator’s permit issued
under s. 125.175.
SECTION 24n. 125.06 (3m) (c) of the statutes is cre-
ated to read:
125.06 (3m) (c) If a competition or exhibition com-
plying with par. (b) is held by a national organization and
has participants from more than 25 states, a person who
made homemade wine or fermented malt beverages in
another state under conditions similar to those imposed
under sub. (3) may, without holding a license or permit
under this chapter, transport up to 10 gallons of home-
made wine or fermented malt beverages into this state for
purposes of participating in the competition or exhibi-
tion.
SECTION 24o. 125.06 (11m) of the statutes is
amended to read:
125.06 (11m) WINE COLLECTORS. The sale by a wine
collector to any other wine collector of manufacturer−
sealed bottles or containers of wine that the selling wine
collector has held for at least 8 years if the selling wine
collector has provided prior notice of the sale to the
department division. No more than one sale in any
12−month period may be conducted by a wine collector
under this paragraph.
SECTION 24p. 125.06 (13) of the statutes is repealed.
SECTION 24q. 125.07 (1) (b) 4. of the statutes is
amended to read:
125.07 (1) (b) 4. The court shall promptly mail notice
of a suspension under this paragraph to the department
division and to the clerk of each municipality which has
issued a license or permit to the person.
SECTION 24r. 125.07 (3) (a) 3. of the statutes is
amended to read:
125.07 (3) (a) 3. Hotels, drug stores, grocery stores,
bowling centers, movie theaters, painting studios, bil-
liards centers having on the premises 12 or more billiards
tables that are not designed for coin operation and that are
8 feet or longer in length, indoor golf simulator facilities,
indoor golf and baseball facilities on premises for which
the only alcohol beverage license issued is a Class “B”
license, axe throwing facilities on premises operated
under Class “B” or “Class B” licenses, service stations,
vessels, cars operated by any railroad, regularly estab-
lished athletic fields, outdoor volleyball courts that are
contiguous to a licensed premises, stadiums, music festi-
val venues during an event with a projected attendance of
at least 2,500 persons, public facilities as defined in s.
125.51 (5) (b) 1. d. which are owned by a county or
municipality or centers for the visual or performing arts.
SECTION 24s. 125.07 (3) (a) 10. of the statutes is
amended to read:
125.07 (3) (a) 10. An underage person who enters or
remains on Class “B” or “Class B” licensed premises on
a date specified by the licensee or permittee during times
when no alcohol beverages are consumed, sold or given
away. During those times, the licensee, the agent named
in the license if the licensee is a corporation or limited lia-
bility company or a person who has an operator’s license
or operator’s permit shall be on the premises unless all
alcohol beverages are stored in a locked portion of the
premises. The licensee shall notify the local law enforce-
ment agency, in advance, of the times underage persons
will be allowed on the premises under this subdivision.
SECTION 24t. 125.07 (3) (a) 16. of the statutes is
amended to read:
125.07 (3) (a) 16. An underage person who enters or
remains in a banquet or hospitality room on winery
premises operated under a “Class A” or “Class B” license
for the purpose of attending a winery tour.
SECTION 24u. 125.07 (4) (f) 3. of the statutes is
amended to read:
125.07 (4) (f) 3. A licensee may not bring a civil
action under this paragraph unless the licensee has first
provided notice to the underage person or the underage
person’s parent, as applicable, of the licensee’s intent to
bring the action. The notice shall be mailed to the last−
known address of the underage person or underage per-
son’s parent, as applicable, at least 15 days prior to filing
the action and shall include a demand for the relief
described in subd. 1. The department division may, by
rule, prescribe a form for this notice.
SECTION 24v. 125.09 (1) of the statutes is renum-
bered 125.09 (1) (a) and amended to read:
125.09 (1) (a) No owner, lessee, or person in charge
of a public place may permit the consumption of alcohol
beverages on the premises property of the public place,
unless the person has an appropriate retail license or per-
mit or a no−sale event venue permit.
(d) This subsection does not apply to municipalities,
buildings and parks owned by counties, regularly estab-
lished athletic fields and stadiums, school buildings,
campuses of private colleges, as defined in s. 16.99 (3g),
at the place and time an event sponsored by the private
college is being held, churches, premises in a state fair
park or clubs. This subsection also does not apply to the
consumption of fermented malt beverages on commer-
cial quadricycles except in municipalities that have
adopted ordinances under s. 125.10 (5) (a). − 10 −2023 Wisconsin Act 2023 Senate Bill 268
SECTION 24w. 125.09 (1) (b) and (c) of the statutes
are created to read:
125.09 (1) (b) For purposes of par. (a), a public place
includes a venue, location, open space, room, or estab-
lishment that is any of the following:
1. Accessible and available to the public to rent for
an event or social gathering.
2. Held out for rent to the public for an event or social
gathering.
3. Made available for rent to a member of the public
for an event or social gathering.
(c) For purposes of par. (a), a public place does not
include any of the following:
1. A room in a hotel, motel, or bed and breakfast that
is used for overnight accommodations.
2. Vacation rental property, or any other property of
temporary lodging, that is used for overnight accommo-
dations if the property is furnished with sufficient beds
for all adult guests to sleep.
3. A campsite on a campground licensed under s.
97.67.
4. A parking lot, driveway, or yard where vehicles
may be parked on the same day as a professional or colle-
giate sporting event or other ticketed event open to the
public.
5. Property within a local professional football sta-
dium district created under subch. IV of ch. 229 if the
property is used in connection with, and on the same day
as, a professional football game, or other ticketed event
open to the public, held at the football stadium.
6. Property within a local professional baseball park
district created under subch. III of ch. 229 if the property
is used in connection with, and on the same day as, a pro-
fessional baseball game, or other ticketed event open to
the public, held at the baseball park.
SECTION 25. 125.09 (8) of the statutes is created to
read:
125.09 (8) ALCOHOL VAPOR DEVICES. No person may
use or offer for use, possess, or sell or offer for sale in this
state an alcohol vapor device.
SECTION 25c. 125.105 (1) of the statutes is amended
to read:
125.105 (1) No person may impersonate an inspec-
tor, agent or other employee of the department division
or of the department of justice.
SECTION 25d. 125.11 (3) of the statutes is created to
read:
125.11 (3) INSPECTION VIOLATION. Any person who
refuses to permit an examination of premises as provided
in s. 125.025 (3) shall be fined not more than $500 nor
less than $50, or imprisoned not more than 90 days nor
less than 10 days or both, and any license or permit issued
to that person may be revoked.
SECTION 25e. 125.12 (1) (a) of the statutes is
amended to read:
125.12 (1) (a) Except as provided in this subsection,
any municipality or the department division may revoke,
suspend or refuse to renew any license or permit under
this chapter, as provided in this section.
SECTION 25f. 125.12 (1) (c) of the statutes is
amended to read:
125.12 (1) (c) Neither a municipality nor the depart-
ment division may consider an arrest or conviction for a
violation punishable under s. 101.123 (8) (d), 945.03
(2m), 945.04 (2m), or 945.05 (1m) in any action to
revoke, suspend, or refuse to renew a Class “B” or
“Class B” license or permit.
SECTION 25g. 125.12 (4) (title) of the statutes is
amended to read:
125.12 (4) (title) SUSPENSION OR REVOCATION OF
LICENSES ON COMPLAINT OF THE DEPARTMENT DIVISION.
SECTION 25h. 125.12 (4) (ag) (intro.) of the statutes
is amended to read:
125.12 (4) (ag) Complaint. (intro.) A duly autho-
rized employee of the department division may file a
complaint with the clerk of circuit court for the jurisdic-
tion in which the premises of a person holding a license
issued under this chapter is situated, alleging one or more
of the following about a licensee:
SECTION 25i. 125.12 (4) (ag) 9. of the statutes is cre-
ated to read:
125.12 (4) (ag) 9. That the licensee has shipped alco-
hol beverages to any person in another state in violation
of that state’s law.
SECTION 25j. 125.12 (5) (title) of the statutes is
amended to read:
125.12 (5) (title) REVOCATIONS OR SUSPENSIONS OF, OR
REFUSALS TO RENEW, PERMITS BY THE DEPARTMENT DIVI-
SION.
SECTION 25k. 125.12 (5) (a) of the statutes is
amended to read:
125.12 (5) (a) The department division may, after
notice and an opportunity for hearing, revoke, suspend,
or refuse to renew any retail permit issued by it for the
causes provided in sub. (4) and any other permit issued
by it under this chapter for any violation of this chapter
or ch. 139, except that, for a violation of s. 125.535 or
139.035, the department division shall revoke the permit.
SECTION 25L. 125.12 (5) (a) of the statutes, as
affected by 2023 Wisconsin Act .... (this act), is amended
to read:
125.12 (5) (a) The division may, after notice and an
opportunity for hearing, revoke, suspend, or refuse to
renew any retail permit issued by it for the causes pro-
vided in sub. (4) and any other permit issued by it under
this chapter for any violation of this chapter or ch. 139,
except that, for a violation of s. 125.535 or 139.035, the
division shall revoke the permit, and the division shall
revoke a common carrier permit as provided in s. 125.22 − 11 − 2023 Wisconsin Act 2023 Senate Bill 268
(3) (b) and a fulfillment house permit as provided in s.
125.23 (6) (b).
SECTION 25m. 125.12 (5) (b) of the statutes is
amended to read:
125.12 (5) (b) The department division may, after
notice and an opportunity for hearing, revoke any permit
issued under s. 125.27 (5) or 125.51 (5) (f) to a person
designated by the owner or operator of racetrack grounds
as provided in s. 125.27 (5) (b) or 125.51 (5) (f) 2. if the
person’s designation has terminated or the owner or oper-
ator of the racetrack grounds has otherwise rescinded the
person’s designation.
SECTION 25n. 125.12 (5) (bm) of the statutes is cre-
ated to read:
125.12 (5) (bm) The division may, after notice and an
opportunity for hearing, revoke, suspend, or refuse to
renew any permit issued by it under this chapter if the per-
mittee has shipped alcohol beverages to any person in
another state in violation of that state’s law.
SECTION 25o. 125.12 (5) (c) of the statutes is
amended to read:
125.12 (5) (c) A revocation, suspension, or refusal to
renew a permit under par. (a) or, (b), or (bm) is a contested
case under ch. 227.
SECTION 25p. 125.12 (6) (a) of the statutes is
amended to read:
125.12 (6) (a) Any person may file a sworn written
complaint with the department division alleging that an
intoxicating liquor wholesaler has violated s. 125.54 (7)
(a). The complaint shall identify the specific legal basis
for the complaint and sufficient facts for the department
division to determine whether there is cause to find that
a violation has occurred. The department division shall
provide a copy of the complaint to any wholesaler against
whom allegations are made, along with notice of the time
period under par. (b) to show cause why the wholesaler’s
permit should not be revoked or suspended or to request
a hearing.
SECTION 25q. 125.12 (6) (b) of the statutes is
amended to read:
125.12 (6) (b) Within 30 days of receiving a copy of
the complaint under par. (a), any wholesaler against
whom allegations are made may file a sworn written
response or a written request for an evidentiary hearing
before the department division under s. 227.44.
SECTION 25r. 125.12 (6) (c) of the statutes is
amended to read:
125.12 (6) (c) Subject to pars. (d) 1. and (dm), if no
request for an evidentiary hearing is made under par. (b),
within 60 days of receiving any response under par. (b)
or, if no response is made, within 60 days of the date on
which a response or request for hearing is due under par.
(b), the department division shall make a written decision
as to whether a violation has occurred and either dismiss
the complaint or take action under par. (e). Any decision
under this paragraph shall include findings of fact and
conclusions of law and shall state all reasons for the deci-
sion. The department division shall provide a copy of the
decision to the complainant and to any wholesaler against
whom allegations are made.
SECTION 25s. 125.12 (6) (cm) of the statutes is
amended to read:
125.12 (6) (cm) Subject to pars. (d) 2. and (dm), if a
request for an evidentiary hearing is made under par. (b),
the hearing shall be conducted in the manner specified for
a contested case under ss. 227.44 to 227.50, except that
the hearing shall be conducted within 45 days of receiv-
ing the request for hearing under par. (b) and the depart-
ment division shall make its written decision, including
whether a violation has occurred and whether the com-
plaint is dismissed or action is taken under par. (e), within
15 days after the hearing. In addition to service of the
decision as provided under s. 227.48, the department
division shall provide a copy of the decision to the com-
plainant.
SECTION 25t. 125.12 (6) (d) of the statutes is
amended to read:
125.12 (6) (d) 1. If no request for an evidentiary hear-
ing is made under par. (b), within 60 days of receiving any
response under par. (b) or, if no response is made, within
60 days of the date on which a response or request for
hearing is due under par. (b), the department division may
extend the time period for making a decision under par.
(c) by an additional 60 days if the department division
provides notice within the time period specified in par. (c)
that an additional 60 days is necessary for investigation.
2. If a request for an evidentiary hearing is made
under par. (b), within 45 days of receiving the request for
hearing under par. (b), the department division may
extend the time period for conducting the hearing by an
additional 45 days if the department division provides
notice within 45 days of receiving the request for hearing
under par. (b) that an additional 45 days is necessary for
investigation.
SECTION 25u. 125.12 (6) (dm) of the statutes is
amended to read:
125.12 (6) (dm) Within 45 days of receiving any
response or request for hearing under par. (b) or, if no
response or request for hearing is made, within 45 days
of the date on which a response or request for hearing is
due under par. (b), the department division may elect to
file a complaint in circuit court under sub. (4) that
includes all allegations of the complaint under par. (a) for
which the department division determines there is cause
to find that a violation of s. 125.54 (7) (a) has occurred.
If the department division files a complaint in circuit
court as provided under this paragraph, the department
division shall not conduct a hearing under par. (cm) or
make a written decision under par. (c), but shall proceed
with the matter as provided under sub. (4).
SECTION 25v. 125.12 (6) (e) of the statutes is
amended to read: − 12 −2023 Wisconsin Act 2023 Senate Bill 268
125.12 (6) (e) If the department division finds the
allegations under par. (a) true and sufficient, the depart-
ment division shall either suspend for not less than 10
days nor more than 90 days or revoke the wholesaler’s
permit, and give notice of the suspension or revocation to
the wholesaler.
SECTION 26. 125.12 (7) of the statutes is created to
read:
125.12 (7) REAPPLICATION FOR PERMIT AFTER REVO-
CATION. If the division revokes any permit issued under
this chapter, the applicant or permit holder may not reap-
ply for the permit for a period of 6 months after the date
of the revocation.
SECTION 26ab. 125.13 of the statutes is amended to
read:
125.13 Report of suspension, revocation, or impo-
sition of penalty. Whenever a municipal governing
body or court revokes or suspends a license or permit or
imposes a penalty on a licensee or permittee for the viola-
tion of this chapter, the clerk of the municipality or court
revoking or suspending the license or imposing the
penalty shall, within 10 days after the revocation, suspen-
sion, or imposition of penalty, mail a report to the depart-
ment division at Madison, Wisconsin, giving the name of
the licensee, the address of the licensed premises, and a
full description of the penalty imposed.
SECTION 26ac. 125.14 (2) (c) of the statutes is
amended to read:
125.14 (2) (c) Identification. Any person seizing
alcohol beverages or personal property and electing to
dispose of it under this subsection shall exercise reason-
able diligence to ascertain the name and address of the
owner of the alcohol beverages or property and of all per-
sons holding a security interest in the property seized.
The person shall report his or her findings in writing to
the department division.
SECTION 26ad. 125.14 (2) (d) of the statutes is
amended to read:
125.14 (2) (d) Order. Upon conviction of any person
for owning, possessing, keeping, storing, manufacturing,
selling, distributing, or transporting alcohol beverages in
violation of this chapter or ch. 139, the court shall order
part or all of the alcohol beverages or personal property
seized to be destroyed if it is unfit for sale. Alcohol bev-
erages and other personal property fit for sale shall be
turned over to the department division for disposition.
Upon receipt of the confiscated property, the department
division shall exercise reasonable diligence to ascertain
the names and addresses of all owners of the property and
of all persons holding a security interest in the property.
If a motor vehicle is confiscated, the department division
shall obtain the written advice of the department of trans-
portation as to the ownership of the motor vehicle and
shall make a reasonable search for perfected security
interests in the vehicle.
SECTION 26ae. 125.14 (2) (e) of the statutes is
amended to read:
125.14 (2) (e) Disposal. The department division
shall dispose of the alcohol beverages turned over to it by
the court by either giving it to law enforcement agencies
free of charge for use in criminal investigations, selling
it to the highest bidder if the bidder is a person holding a
license or permit issued under this chapter, or destroying
it, at the discretion of the department division. If the
department division elects to sell the alcohol beverages,
it shall publish a class 2 notice under ch. 985 asking for
sealed bids from qualified bidders. Any items or groups
of items in the inventory subject to a security interest, the
existence of which was established in the proceedings for
conviction as being bona fide and as having been created
without the secured party having notice that the items
were being used or were to be used in connection with the
violation, shall be sold separately. The net proceeds from
the sale, less all costs of seizure, storage, and sale, shall
be turned over to the secretary of administration and
credited to the common school fund.
SECTION 26af. 125.14 (2) (f) of the statutes is
amended to read:
125.14 (2) (f) Sale. Any personal property, other than
alcohol beverages, seized under par. (a) and fit for sale,
shall be turned over by the department division to the
department of administration for disposal at public auc-
tion to the highest bidder, at a time and place stated in a
notice of sale which describes the property to be sold.
The sale shall be held in a conveniently accessible place
in the county where the property was confiscated. A copy
of the notice shall be published as a class 2 notice under
ch. 985. The last insertion shall be at least 10 days before
the sale. The department of revenue division shall serve
a copy of the notice of sale at least 2 weeks before the date
thereof on all persons who are or may be owners or hold-
ers of security interests in the property. Any confiscated
property worth more than $100 shall be sold separately,
and the balance of the confiscated property shall be sold
in bulk or separately at the discretion of the department
of administration. The net proceeds from the sale, less all
costs of seizure, storage, and sale, shall be turned over to
the secretary of administration. No motor vehicle or
motorboat confiscated under this section may be sold
within 30 days after the date of seizure.
SECTION 26ag. 125.14 (3) (b) of the statutes is
amended to read:
125.14 (3) (b) Deadline. The application shall be
made within one year after the sale of the property. A
copy of the application and the order setting a hearing on
it shall be served on the department division at least 20
days before the date set for hearing.
SECTION 26ah. 125.145 of the statutes is amended to
read: − 13 − 2023 Wisconsin Act 2023 Senate Bill 268
125.145 Prosecutions by attorney general or
department division. Upon request by the secretary of
revenue division, the attorney general may represent this
state or assist a district attorney in prosecuting any case
arising under this chapter. The department division may
represent this state in prosecuting any violation of s.
125.54 (7) (a) or (b) and shall bring any such action in the
circuit court for Dane County.
SECTION 26ai. 125.15 (1) of the statutes is amended
to read:
125.15 (1) An intoxicating liquor wholesaler, intoxi-
cating liquor retail licensee or permittee, or intoxicating
liquor trade association that makes a written complaint to
the department division under s. 125.12 (6) of a violation
of s. 125.54 (7) (a) may bring an action to enforce the pro-
visions of s. 125.54 (7) if any of the following apply:
(a) The department division has not rendered a deci-
sion within the time periods specified in s. 125.12 (6) (c)
to (d).
(b) The department division has rendered a decision
under s. 125.12 (6) in which the department division has
determined that a violation has occurred but no action has
been brought in circuit court by the department division,
attorney general, or a district attorney to prosecute the
violation.
SECTION 26aj. 125.17 (6) (a) (intro.) of the statutes
is amended to read:
125.17 (6) (a) (intro.) Except as provided in par. (b),
no municipal governing body or designated municipal
official may issue an operator’s license unless the appli-
cant has successfully completed a responsible beverage
server training course at any location that is offered by a
technical college district and that conforms to curriculum
guidelines specified by the technical college system
board or a comparable training course, which may
include computer−based training and testing, that is
approved by the department division or the department of
safety and professional services, or unless the applicant
fulfills one of the following requirements:
SECTION 26ak. 125.175 of the statutes is created to
read:
125.175 Issuance of operators’ permits. (1) Sub-
ject to sub. (4), the division shall issue an operator’s per-
mit to any applicant who is qualified under s. 125.04 (5).
Operators’ permits may not be required other than for the
purpose of complying with ss. 125.32 (2) and 125.68 (2)
or s. 125.06 (3g). Operators’ permits may be issued only
upon written application.
(2) Operators’ permits are valid in all municipalities
in this state.
(3) The division shall establish a fee for issuance or
renewal of an operator’s permit and shall determine
whether the permit shall be valid for one or 2 years.
(4) (a) The division may not issue an operator’s per-
mit unless the applicant satisfies the criteria for issuance
of an operator’s license specified in s. 125.17 (6) (a). In
applying these criteria to an applicant who holds or previ-
ously held an operator’s permit or an operator’s license,
the division shall treat as synonymous operators’ permits
and operators’ licenses.
(b) The division may not require applicants for oper-
ators’ permits to undergo training in addition to that spec-
ified in s. 125.17 (6) (a) but may require applicants to pur-
chase at cost materials that deal with relevant subjects not
covered in the course under s. 125.17 (6) (a).
SECTION 26am. 125.19 (1) of the statutes is amended
to read:
125.19 (1) ISSUANCE. The department division shall
issue an alcohol beverage warehouse permit which
authorizes the permittee to store and warehouse alcohol
beverages in warehouse premises covered by the permit,
subject to rules adopted by the department division. The
permit does not authorize the sale of any alcohol bever-
ages.
SECTION 26an. 125.20 of the statutes is created to
read:
125.20 Interest restrictions. (1) DEFINITIONS. In
this section:
(a) “Distribution permit” means a permit issued
under s. 125.28 or 125.54.
(b) “Distribution permittee” means a person holding
a distribution permit and includes a restricted individual
of such a person.
(c) “Production permit” means a permit issued under
s. 125.29, 125.295, 125.52, or 125.53, a permit issued
under s. 125.30 to a brewer in another state, or a permit
issued under s. 125.58 to a manufacturer, rectifier, or win-
ery in another state.
(d) “Production permittee” means a person holding
a production permit and includes a restricted individual
of such a person.
(e) “Restricted individual” means any of the follow-
ing:
1. An individual identified on a manager’s license or
who works or acts in a managerial capacity for a permit-
tee or licensee.
2. An individual serving as an officer, director, mem-
ber, manager, or agent of a corporation or limited liability
company holding a permit or license.
3. An individual holding more than a 10 percent own-
ership interest in a permittee or licensee.
(f) “Restricted entity” means an entity holding more
than a 10 percent ownership interest in a permittee or
licensee.
(g) “Restricted investor” means a restricted individ-
ual or restricted entity.
(h) “Retail license or permit” means a Class “A,”
Class “B,” “Class A,” “Class B,” or “Class C” license, a
Class “B” or “Class B” permit, or a no−sale event venue
permit. − 14 −2023 Wisconsin Act 2023 Senate Bill 268
(i) “Retail licensee or permittee” means a person
holding a retail license or permit and includes a restricted
individual of such a person.
(2) PRODUCERS. (a) No production permittee may
hold any interest in any distribution permittee.
(b) No production permittee may hold any interest in
any retail licensee or permittee, except as authorized
under s. 125.295.
(3) DISTRIBUTORS. (a) No distribution permittee may
hold any interest in any retail licensee or permittee.
(b) No distribution permittee may hold any interest
in any production permittee, except as provided in s.
125.28 (2) (d).
(4) RETAILERS. (a) No retail licensee or permittee
may hold any interest in any distribution permittee.
(b) No retail licensee or permittee may hold any inter-
est in any production permittee, except as authorized
under s. 125.295.
(5) CONSTRUCTION OF SECTION; AUTHORIZED CROSS−
TIER ACTIVITY. (a) For purposes of this section and s.
125.01, permittees are categorized under the 3−tier sys-
tem as follows:
1. A production permittee operates within the pro-
duction tier.
2. A distribution permittee operates within the distri-
bution tier.
3. A retail licensee or permittee operates within the
retail tier.
(b) This section does not prohibit a licensee or per-
mittee from engaging in any activity that this chapter
explicitly authorizes for the type of license or permit held
or that is explicitly authorized under the terms of the
license or permit.
(c) To the extent there is a conflict between any provi-
sion of subs. (2) to (4) and any provision of ss. 125.25 (2)
(b), 125.26 (2) (b), 125.27 (7), 125.28 (2) (b), 125.29 (2)
(a), 125.295 (2) (a) 6., 125.30 (3) (c), and 125.69 (1), the
provisions of ss. 125.25 (2) (b), 125.26 (2) (b), 125.27
(7), 125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6.,
125.30 (3) (c), and 125.69 (1) are controlling.
(d) If a license or permit may not be issued to a person
under s. 125.25 (2) (b), 125.26 (2) (b), 125.27 (7), 125.28
(2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., 125.30 (3) (c),
or 125.69 (1), the person may not acquire an interest pro-
hibited under s. 125.25 (2) (b), 125.26 (2) (b), 125.27 (7),
125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., 125.30
(3) (c), or 125.69 (1) after the license or permit has been
issued.
(6) PERMISSIBLE INTERESTS. (a) Notwithstanding
subs. (2) to (4), a licensee or permittee may be owned in
part by, or grant an ownership interest to, a restricted
investor in a different tier if all of the following are satis-
fied:
1. No single restricted investor holds more than a 10
percent ownership interest in the licensee or permittee,
including any passive or disregarded entity connected to
the restricted investor.
2. No restricted investor serves as an officer, director,
manager, operator, or agent of the licensee or permittee.
3. No restricted investor is involved in the day−to−
day operations of the licensee or permittee or exerts any
control over such operations beyond the person’s ability
to vote as an owner.
4. The aggregate amount of ownership held by all
restricted investors in the licensee or permittee does not
exceed 49 percent.
5. The licensee or permittee discloses all restricted
investors to the division.
6. Each restricted investor executes an affidavit, on
a form prescribed by the division, swearing to a complete
lack of involvement in the day−to−day operations of, and
lack of control over, the licensee or permittee beyond the
restricted investor’s ability to vote as an owner. If the
restricted investor is a restricted entity, the affidavit shall
be executed on behalf of the restricted entity by an indi-
vidual who is an officer or director of the restricted entity
or who otherwise has management authority over the
restricted entity.
(b) A licensee or permittee, or a restricted individual
of a licensee or permittee, may enter into a landlord-ten-
ant relationship with another licensee or permittee oper-
ating in a different tier if all of the following are satisfied:
1. The lease or rental agreement explicitly states that
the landlord has no control over or day−to−day involve-
ment in the business of the tenant.
2. No control or involvement in the business of the
tenant by the landlord exists.
3. The landlord and tenant maintain compliance with
ss. 125.33 and 125.69, as applicable and subject to s.
125.33 (2) (hr), and this requirement is set forth in the
lease or rental agreement.
4. The lease or rental agreement is in writing and dis-
closed to the division for review.
(c) Notwithstanding subs. (2) to (4), a spouse may
have an interest in the license or permit of the other
spouse if all of the following are satisfied:
1. The marriage is governed by a valid marital prop-
erty agreement or prenuptial agreement.
2. The marital property agreement or prenuptial
agreement was disclosed on any license or permit appli-
cation.
3. A copy of the marital property agreement or pre-
nuptial agreement is provided to the municipal clerk or
division prior to issuance of the license or permit.
4. Both spouses execute an affidavit, on a form pre-
scribed by the division, swearing to a complete lack of
involvement in the day−to−day operations of, and lack of
control over, each respective business. − 15 − 2023 Wisconsin Act 2023 Senate Bill 268
(d) For purposes of subs. (2) to (4), employment in
a nonmanagerial capacity for a licensee or permittee is
not an interest in the licensee or permittee.
SECTION 26ao. 125.20 (5) (c) and (d) of the statutes,
as created by 2023 Wisconsin Act .... (this act), are
amended to read:
125.20 (5) (c) To the extent there is a conflict between
any provision of subs. (2) to (4) and any provision of ss.
125.24 (3), 125.25 (2) (b), 125.26 (2) (b), 125.27 (7),
125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., 125.30
(3) (c), and 125.69 (1), the provisions of ss. 125.24 (3),
125.25 (2) (b), 125.26 (2) (b), 125.27 (7), 125.28 (2) (b),
125.29 (2) (a), 125.295 (2) (a) 6., 125.30 (3) (c), and
125.69 (1) are controlling.
(d) If a license or permit may not be issued to a person
under s. 125.24 (3), 125.25 (2) (b), 125.26 (2) (b), 125.27
(7), 125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6.,
125.30 (3) (c), or 125.69 (1), the person may not acquire
an interest prohibited under s. 125.24 (3), 125.25 (2) (b),
125.26 (2) (b), 125.27 (7), 125.28 (2) (b), 125.29 (2) (a),
125.295 (2) (a) 6., 125.30 (3) (c), or 125.69 (1) after the
license or permit has been issued.
SECTION 26ap. 125.21 of the statutes is created to
read:
125.21 Production agreements. (1) DEFINITIONS.
In this section:
(a) “Alternating proprietorship” means an arrange-
ment in which a host producer provides use of space and
equipment, and may additionally provide personnel, to a
guest producer for the production of alcohol beverages.
(b) “Bottling” means placing alcohol beverages into
sealed finished packages, including cans, bottles, boxes,
bags, kegs, barrels, or any other packaging of finished
products. When “bottle” is used as a verb, it has the same
meaning as “bottling.”
(c) “Contract producer” means a producer who
directly manufactures, bottles, or labels alcohol bever-
ages as an agent of a recipe producer or out−of−state
recipe supplier.
(d) “Contract production” means a contract, agree-
ment, or business arrangement described in sub. (3) (b)
whereby a recipe producer or out−of−state recipe sup-
plier provides consideration to a contract producer for the
production, bottling, or labeling of alcohol beverages.
(e) “Guest producer” means a producer who enters
into a contract, agreement, or business arrangement with
a host producer whereby the producer has use of the host
producer’s premises and equipment, and may have use of
the host producer’s personnel, for the production of the
guest producer’s alcohol beverages.
(f) “Host producer” means a producer who enters
into a contract, agreement, or business arrangement with
a guest producer whereby the guest producer has use of
the producer’s premises and equipment, and may have
use of the producer’s personnel, for the production of the
guest producer’s alcohol beverages.
(g) “Licensing agreement” means an agreement
between a licensor and a producer for the production of
alcohol beverages containing the name, symbol, or mark
of the licensor.
(h) “Out−of−state recipe supplier” means a person to
whom all of the following applies:
1. The person is located in another state and produces
alcohol beverages in that state.
2. The person does not hold a permit under this chap-
ter, other than a permit issued under s. 125.30, 125.535,
or 125.58.
3. The person purchases alcohol beverages from a
producer that are manufactured consistently with a recipe
provided by the person or are bottled or labeled for the
person.
(i) “Producer” means a brewer holding a permit
under s. 125.29, brewpub holding a permit under s.
125.295, winery holding a permit under s. 125.53, manu-
facturer holding a permit under s. 125.52, or rectifier
holding a permit under s. 125.52.
(j) “Recipe producer” means a producer who pur-
chases alcohol beverages from another producer that are
manufactured consistently with a recipe provided by the
recipe producer or are bottled or labeled for the recipe
producer.
(2) PRODUCTION ARRANGEMENTS AUTHORIZED;
AGREEMENTS BETWEEN SAME PRODUCER TYPE. (a) Produc-
tion arrangements under subs. (3) to (5) are authorized as
provided in this section. A permittee that enters into such
a production arrangement does not act as an agent for or
in the employ of another under s. 125.52 (3) or 125.53 (2),
and such a production arrangement is not a prohibited
interest under s. 125.20.
(b) Except as provided in sub. (3) (b) 2. and 3., agree-
ments authorized under this section may be entered into
only by producers who hold permits issued under the
same section of this chapter.
(3) CONTRACT PRODUCTION. (a) An agreement for
contract production shall comply with the requirements
of this subsection.
(b) An agreement for contract production may be
entered into between any of the following:
1. Two producers possessing the same type of permit.
2. A permittee under s. 125.29, as the contract pro-
ducer, and a permittee under s. 125.295, as the recipe pro-
ducer.
3. A producer and an out−of−state recipe supplier.
(c) All contract production activities shall occur pur-
suant to a written agreement between the contract pro-
ducer and the recipe producer or out−of−state recipe sup-
plier.
(d) 1. Except as provided in subd. 2., alcohol bever-
ages produced under an agreement for contract produc-
tion between a contract producer and a recipe producer
shall count toward the production volume of the recipe − 16 −2023 Wisconsin Act 2023 Senate Bill 268
producer and shall be considered, for this purpose, as pro-
duced on the recipe producer’s premises.
2. Alcohol beverages produced under an agreement
for contract production between a contract producer and
a recipe producer may not be considered in determining
production volume for purposes of ss. 125.29 (7), 125.52
(4), and 125.53 (3), but shall be considered as produced
by the recipe producer for other purposes under ss.
125.29 (7), 125.52 (4), and 125.53 (3).
(e) The recipe producer shall be considered the pro-
ducer for purposes of filing reports under s. 139.11 (2)
and taxation under ss. 139.02, 139.03, 139.05 (2), and
139.06 (1) and (2), as applicable, and shall include alco-
hol beverages manufactured under a contract production
agreement in the report required under s. 139.11 (2). For
alcohol beverages produced under an agreement for con-
tract production between a contract producer and a recipe
producer, the contract producer shall exclude the alcohol
beverages from reports required under s. 139.11 (2).
(4) ALTERNATING PROPRIETORSHIP. (a) An alternating
proprietorship shall comply with the requirements of this
subsection.
(b) All alternating proprietorships shall occur pur-
suant to a written agreement between the host producer
and guest producer.
(c) The agreement under par. (b) shall provide that
the guest producer retains the right to control the produc-
tion of the alcohol beverages. If the agreement provides
that the host producer and host producer’s personnel are
agents of the guest producer or acting under the direction
of the guest producer, the agreement shall specify the
terms and compensation for the use of the host producer’s
personnel.
(d) The guest producer shall be considered the pro-
ducer for purposes of filing reports under s. 139.11 (2)
and taxation under ss. 139.02, 139.03, 139.05 (2), and
139.06 (1) and (2), as applicable, and shall include alco-
hol beverages manufactured under an alternating propri-
etorship in the report required under s. 139.11 (2). The
host producer shall exclude alcohol beverages manufac-
tured in an alternating proprietorship from reports
required under s. 139.11 (2).
(e) Alcohol beverages produced under an alternating
proprietorship shall count toward the production volume
of the guest producer and shall be considered, for this
purpose, as produced on the guest producer’s premises.
(5) LICENSING AGREEMENTS. (a) A producer may
enter into a licensing agreement or contract with a licen-
sor authorizing the producer−licensee to use the licen-
sor’s trademark or name if all of the following require-
ments are satisfied:
1. The licensing agreement or contract is in writing.
2. The producer−licensee is entirely responsible for
producing the alcohol beverages and for all related pro-
cessing steps and regulatory requirements.
(b) Alcohol beverages produced under the licensing
agreement shall count toward the production volume of
the producer−licensee and shall be considered, for this
purpose, as produced on the producer−licensee’s
premises.
SECTION 26aq. 125.22 of the statutes is created to
read:
125.22 Common carrier permit; shipments into
state. (1) PERMIT. (a) No common carrier may transport
into or deliver within this state any alcohol beverages
unless the common carrier first obtains a permit from the
division under this section. This subsection does not
apply to the transportation into this state for delivery to,
or delivery within this state to, a person that holds a
license or permit issued under this chapter that authorizes
the licensee or permittee to receive the alcohol beverages.
(b) A permit under this section authorizes only the
transport into or delivery within this state of wine on
behalf of a person holding a direct wine shipper’s permit
under s. 125.535 or a fulfillment house permit under s.
125.23.
(c) An applicant for a permit under this section shall
provide all information required by the division. The
division shall require the applicant to submit informa-
tion, as determined to be appropriate by the division, that
is similar to the information required of an applicant for
a permit under s. 125.58.
(d) A permit under this section may be issued only to
a person who holds a valid certificate issued under s.
73.03 (50).
(e) A permittee under this section shall pay an annual
fee of $1,000.
(2) REPORTS. (a) No later than the 15th day of each
month, a common carrier holding a permit under this sec-
tion shall submit a verified report to the division, in the
form and manner prescribed by the division, that includes
all of the following information for each shipment of
alcohol beverages during the preceding month:
1. The name and address of the person that manufac-
tured the alcohol beverages.
2. The name and address of the consignor of the ship-
ment, if different from the person that manufactured the
alcohol beverages.
3. The name and address of the consignee of the ship-
ment.
4. The date of the shipment.
5. The type and quantity of alcohol beverages
shipped to the consignee, as reported to the common car-
rier by the consignor.
6. The parcel tracking number, waybill number, or
other identifying number for the shipment.
(b) The division and the department shall keep confi-
dential the information under par. (a) 3. and 6., and this
information is not subject to public copying or inspection
under s. 19.35 (1), but all other information included in − 17 − 2023 Wisconsin Act 2023 Senate Bill 268
a report under par. (a) is subject to public copying and
inspection under s. 19.35 (1) and may not be treated by
the division or the department as confidential under any
provision of s. 71.78, 71.83, or 139.11 (4).
(c) Nothing in this section alters the requirement that
a person shipping alcohol beverages into this state obtain
all required permits under this chapter prior to shipment,
including any permit under s. 125.535. Nothing in this
section grants a manufacturer, rectifier, or shipper of
alcohol beverages, including a winery, authority to ship
alcohol beverages into this state. Nothing in this section
alters the face−to−face sales requirement in ss. 125.272
and 125.51 (6).
(3) PENALTIES. (a) Any common carrier that fails to
obtain a permit required under sub. (1) prior to commenc-
ing delivery of alcohol beverages in this state is subject
to a fine of not more than $10,000.
(b) Any common carrier that ships alcohol beverages
other than wine obtained from a direct wine shipper per-
mittee under s. 125.535 or from a fulfillment house per-
mittee under s. 125.23 is subject to a forfeiture of not
more than $2,000. The division shall revoke the permit
of any common carrier that violates this prohibition in
more than one month during a calendar year. Except as
provided in this paragraph, s. 125.12 (5) shall apply with
respect to the division’s revocation of the permit.
(c) If a common carrier fails to submit a report
required under sub. (2), the common carrier is subject to
a forfeiture of not more than $2,000.
SECTION 26ar. 125.23 of the statutes is created to
read:
125.23 Fulfillment houses. (1) PERMIT. (a) Before
making any shipment to, or causing any shipment to be
made to, any individual in this state, a person operating
a fulfillment house shall obtain from the division a fulfill-
ment house permit for each location that is involved in the
process of shipping wine to residents of this state.
(b) A person holding a permit under this section may
provide services only for the warehousing, packaging,
order fulfillment, and shipment of alcohol beverages pro-
duced by and belonging to a person holding a direct wine
shipper’s permit under s. 125.535.
(c) An applicant for a permit under this section shall
pay an annual fee of $100 for each permit. The permit
may be issued for a period of one year and may be
renewed annually.
(d) A permit under this section may be issued only to
a person who holds a valid certificate issued under s.
73.03 (50).
(2) PERMIT APPLICATION. (a) An applicant for a per-
mit under this section shall provide all of the following
information as part of the permit application:
1. All locations from which alcohol beverages are to
be shipped under the permit.
2. Any other information required by the division.
The division shall require the applicant to submit infor-
mation, as determined to be appropriate by the division,
that is similar to the information required of an applicant
for a permit under s. 125.58.
(b) Notwithstanding s. 125.04 (5) (a), natural persons
obtaining fulfillment house permits are not required to be
residents of this state. Notwithstanding s. 125.04 (5) (a)
5., a person is not required to complete a responsible bev-
erage server training course to be eligible for a permit
under this section. Corporations and limited liability
companies obtaining fulfillment house permits are sub-
ject to s. 125.04 (6) and any other person, including any
natural person or cooperative, obtaining a fulfillment
house permit shall appoint an agent, and be subject to all
provisions of s. 125.04 (6), in the same manner applicable
to corporations and limited liability companies.
(3) PACKAGE LABELING. A person holding a permit
under this section shall ensure all containers of wine
shipped directly to an individual in this state are labeled
with all of the following information:
(a) The following words, appearing in capital letters
and in a conspicuous location: “CONTAINS ALCO-
HOL: SIGNATURE OF PERSON AGE 21 OR OLDER
REQUIRED FOR DELIVERY.”
(b) The name, address, and permit number of the ful-
fillment house permittee and the name, address, and per-
mit number of the direct wine shipper.
(4) SHIPMENT. (a) A fulfillment house permittee may
not ship into this state wine from any person not holding
a direct wine shipper’s permit under s. 125.535.
(b) A fulfillment house permittee may not ship wine
into this state through a common carrier that does not
hold a permit under s. 125.22. All containers of wine
shipped directly to an individual in this state shall be
shipped using a common carrier holding a permit issued
under s. 125.22.
(c) Prior to shipping wine to an individual in this
state, a fulfillment house permittee shall verify the valid-
ity of the permit of each direct wine shipper and of each
common carrier associated with the shipment.
(5) REPORTS. (a) No later than the 15th day of each
month, a fulfillment house holding a permit under this
section shall submit a verified report to the division, in
the form and manner prescribed by the division, that
includes all of the following information for each ship-
ment of alcohol beverages during the preceding month:
1. The name and address of the person that manufac-
tured the alcohol beverages.
2. The name and address of the consignor of the ship-
ment, if different from the person that manufactured the
alcohol beverages.
3. The name and address of the consignee of the ship-
ment.
4. The date of the shipment.
5. The type and quantity of alcohol beverages
shipped to the consignee. − 18 −2023 Wisconsin Act 2023 Senate Bill 268
6. The parcel tracking number, waybill number, or
other identifying number for the shipment.
(b) The division and the department shall keep confi-
dential the information under par. (a) 3. and 6., and this
information is not subject to public copying or inspection
under s. 19.35 (1), but all other information included in
a report under par. (a) is subject to public copying and
inspection under s. 19.35 (1) and may not be treated by
the division or the department as confidential under any
provision of s. 71.78, 71.83, or 139.11 (4).
(6) PENALTIES. (a) Any fulfillment house that fails
to obtain a permit under this section in violation of sub.
(1) is subject to a fine of not more than $10,000.
(b) Any permittee under this section that ships alco-
hol beverages other than wine obtained from a direct
wine shipper holding a permit under s. 125.535 is subject
to a forfeiture of not more than $2,000. The division shall
revoke the permit of any permittee that violates this pro-
hibition in more than one month during a calendar year.
Except as provided in this paragraph, s. 125.12 (5) shall
apply with respect to the division’s revocation of the per-
mit.
(c) If a fulfillment house fails to submit a report
required under sub. (5), the fulfillment house is subject to
a forfeiture of not more than $2,000.
SECTION 26at. 125.24 of the statutes is created to
read:
125.24 No−sale event venue permit. (1) PERMIT
ISSUANCE. (a) Except as otherwise provided in this sec-
tion, the division may issue to property owners no−sale
event venue permits that authorize the permittee to rent
or lease real property for use as an event venue at which
fermented malt beverages and wine are consumed if all
requirements under this section are satisfied.
(b) A no−sale event venue permit may be issued only
to a person who holds a valid certificate issued under s.
73.03 (50) and is qualified under s. 125.04 (5), except that
a person is not required to complete a responsible bever-
age server training course to be eligible for a permit under
this section.
(c) A no−sale event venue permit may not be issued
unless all of the following are satisfied:
1. The applicant certifies in the permit application
how many events were held at the venue in the 12−month
period immediately preceding the application.
2. The applicant identifies with specificity in the per-
mit application the property that is the event venue cov-
ered by the permit.
(d) Subject to sub. (2) (c) 3., a permit may not be
issued under this section for premises that are covered by
any other license or permit under this chapter, but a
caterer holding Class “B” and “Class B” licenses may
deliver fermented malt beverages and wine to the event
venue if all requirements under sub. (2) are satisfied.
(e) The division shall establish an annual fee, calcu-
lated to cover the division’s administrative costs under
this section, for a permit issued under this section.
(2) ACTIVITIES AUTHORIZED UNDER PERMIT. (a) A no−
sale event venue permit authorizes the permittee to rent
or lease real property for use as an event venue at which
fermented malt beverages and wine are consumed on no
more than 6 days per calendar year and no more than one
day per month.
(b) 1. A no−sale event venue permittee may not sell
or otherwise provide alcohol beverages to the renter or
lessee of the event venue or to any guest or attendee of an
event on the event venue, including charging admission
for an event on the event venue at which any alcohol bev-
erages are served.
2. A no−sale event venue permittee may not allow
any person to possess distilled spirits on the event venue
when the event venue is being used by a renter or lessee.
(c) Subject to pars. (d) and (e), a no−sale event venue
permit authorizes the permittee to do any of the follow-
ing:
1. Allow the renter or lessee of the event venue to
bring the renter’s or lessee’s own fermented malt bever-
ages and wine onto the event venue and serve it to guests
without charge.
2. Allow the guests of the renter or lessee to bring fer-
mented malt beverages and wine onto the event venue to
be consumed by the guests without charge.
3. Allow the renter or lessee to obtain temporary
Class “B” and “Class B” licenses for an event held on the
event venue and sell fermented malt beverages and wine
under the temporary Class “B” and “Class B” licenses on
the event venue.
4. Allow the renter or lessee to contract with a caterer
holding Class “B” and “Class B” licenses for the caterer
to provide fermented malt beverages and wine to the
renter or lessee and the renter’s or lessee’s guests without
charge on the event venue.
(d) If a renter or lessee of an event venue contracts
with a caterer as provided in par. (c) 4., all of the follow-
ing apply:
1. Neither the renter or lessee of the event venue nor
any guest of the renter or lessee may bring alcohol bever-
ages onto the event venue.
2. The caterer may serve the fermented malt bever-
ages and wine that are provided on the event venue, but
service shall be performed only by persons holding an
operator’s license under s. 125.17.
3. The caterer may not provide fermented malt bever-
ages or wine on the event venue unless the renter or lessee
has first purchased the fermented malt beverages or wine
from the caterer in a face−to−face transaction at the cater-
er’s licensed retail premises. − 19 − 2023 Wisconsin Act 2023 Senate Bill 268
(e) A renter or lessee of an event venue covered by
a permit under this section may not do any of the follow-
ing:
1. Except as provided in par. (c) 3., sell any alcohol
beverages to guests or attendees of an event on the event
venue, including charging admission for an event on the
event venue at which any alcohol beverages are served.
2. Allow any person to possess distilled spirits on the
event venue.
3. If there are 20 or more people on the event venue,
allow the service of fermented malt beverages or wine
unless the service is performed by a person holding an
operator’s license under s. 125.17.
(3) INTEREST RESTRICTIONS. Subject to s. 125.20 (6),
a no−sale event venue permit may not be issued to any
person who holds, or has an interest in a permittee hold-
ing, any of the following:
(a) A wholesaler’s permit issued under s. 125.28 or
125.54.
(b) A brewer’s permit issued under s. 125.29.
(c) A brewpub permit issued under s. 125.295.
(d) A winery permit issued under s. 125.53.
(e) A manufacturer’s or rectifier’s permit issued
under s. 125.52.
(f) An out−of−state shipper’s permit issued under s.
125.30 or 125.58.
(4) EXCEPTION FOR PERMITTEE APPLYING FOR RETAIL
LICENSE. Notwithstanding any operating limitation in
sub. (1) or (2), a permittee under this section that has
applied for and is actively seeking a Class “B” or “Class
B” license for the event venue covered by the no−sale
event venue permit may, for 6 months after the date of the
Class “B” or “Class B” license application, continue to
operate in a manner similar to the manner in which it
operated in the immediately preceding 12−month period
if all of the following apply:
(a) The permittee has determined that it can no longer
operate under the no−sale event venue permit.
(b) The permittee has provided notice to the division
of the application for a Class “B” or “Class B” license.
(c) The permittee has not previously held a no−sale
event venue permit for which the permittee provided
notice under par. (b).
(5) QUOTA EXCEPTION FOR QUALIFYING PERSONS WHO
OPT OUT OF NO−SALE EVENT VENUE PERMIT. (a) In this sub-
section, “qualifying event venue” means real property
that is rented or leased for use as an event venue for pri-
vate events that satisfy all of the following requirements
in the preceding 12−month period:
1. There were at least 5 events held at the venue at
which no fewer than 50 invited guests attended.
2. The venue owner received at least $20,000 in rev-
enue from renting or leasing the venue for the events
under subd. 1.
(b) Upon application, the division shall certify an
owner of a qualifying event venue as eligible for the
quota exception under s. 125.51 (4) (v) 5. if all of the fol-
lowing apply:
1. The qualifying event venue is in operation on the
effective date of this subdivision .... [LRB inserts date],
and has been in operation for the 12−month period imme-
diately preceding the date of the application.
2. The qualifying event venue has not been a “Class
B” licensed premises at any time in the 12−month period
immediately preceding the date of the application.
3. The owner of the qualifying event venue has not
applied for a permit under this section.
4. The owner of the qualifying event venue provides
documentation to the division that, in the absence of the
exception under s. 125.51 (4) (v) 5., the municipality in
which the qualifying event venue is located would be
prohibited under s. 125.51 (4) (am) from issuing the
owner a “Class B” license.
5. The owner of the qualifying event venue provides
documentation to the division showing, and the division
confirms, that the requirements under subd. 1. and par. (a)
are satisfied.
6. The owner of the qualifying event venue provides
notice to the division no later than 60 days after the effec-
tive date of this subdivision .... [LRB inserts date], that
the owner is applying for a “Class B” license and is not
seeking a no−sale event venue permit.
(c) The division shall act on an application for certifi-
cation under par. (b) within 30 days of receiving the
application.
(d) The division may not issue a certification under
par. (b) after the first day of the 7th month beginning after
the effective date of this paragraph .... [LRB inserts date].
SECTION 26ax. 125.25 (2) (b) of the statutes is
repealed and recreated to read:
125.25 (2) (b) Subject to s. 125.20 (6), a Class “A”
license may not be issued to any person who holds, or has
an interest in a permittee holding, any of the following:
1. A wholesaler’s permit issued under s. 125.28 or
125.54.
2. A brewer’s permit issued under s. 125.29.
3. A brewpub permit issued under s. 125.295.
4. A winery permit issued under s. 125.53.
5. A manufacturer’s or rectifier’s permit issued under
s. 125.52.
6. An out−of−state shipper’s permit issued under s.
125.30 or 125.58.
SECTION 26bb. 125.26 (2) (b) of the statutes is
repealed and recreated to read:
125.26 (2) (b) Subject to s. 125.20 (6), a Class “B”
license may not be issued to any person who holds, or has
an interest in a permittee holding, any of the following:
1. A wholesaler’s permit issued under s. 125.28 or
125.54.
2. A brewer’s permit issued under s. 125.29.
3. Except as provided in s. 125.295 (1) (h), (2) (a) 6.
b., and (3) (b), a brewpub permit issued under s. 125.295. − 20 −2023 Wisconsin Act 2023 Senate Bill 268
4. A winery permit issued under s. 125.53.
5. A manufacturer’s or rectifier’s permit issued under
s. 125.52.
6. An out−of−state shipper’s permit issued under s.
125.30 or 125.58.
SECTION 26bc. 125.26 (2m) of the statutes is
amended to read:
125.26 (2m) Notwithstanding s. 125.04 (3) (a) 3. and
(9), a Class “B” license authorizes a person operating a
hotel to furnish a registered guest who has attained the
legal drinking age with a selection of fermented malt bev-
erages in the guest’s room which is not part of the Class
“B” premises. Fermented malt beverages furnished
under this subsection shall be furnished in original pack-
ages or containers and stored in a cabinet, refrigerator or
other secure storage place. The cabinet, refrigerator or
other secure storage place must be capable of being
locked. The cabinet, refrigerator or other secure storage
place shall be locked, or the fermented malt beverages
shall be removed from the room, when the room is not
occupied and when fermented malt beverages are not
being furnished under this subsection. A key for the lock
shall be supplied to a guest who has attained the legal
drinking age upon request at registration. The hotel shall
prominently display a price list of the fermented malt
beverages in the hotel room. Fermented malt beverages
may be furnished at the time the guest occupies the room,
but for purposes of this chapter, the sale of fermented
malt beverages furnished under this subsection is consid-
ered to occur at the time and place that the guest pays for
the fermented malt beverages. Notwithstanding s.
125.32 (3), the guest may pay for the fermented malt bev-
erages at any time if he or she pays in conjunction with
checking out of the hotel. An individual who stocks or
accepts payment for alcohol beverages under this subsec-
tion shall be the licensee, the agent named in the license
if the licensee is a corporation or limited liability com-
pany, or the holder of a manager’s or operator’s license
or operator’s permit, or be supervised by one of those
individuals.
SECTION 26bd. 125.26 (2s) (b) of the statutes is
amended to read:
125.26 (2s) (b) Notwithstanding s. 125.04 (3) (a) 3.
and (9), a Class “B” license authorizes a person operating
a coliseum or a concessionaire to furnish the holder of a
coliseum suite who has attained the legal drinking age
with a selection of fermented malt beverages in the coli-
seum suite that is not part of the Class “B” premises. Fer-
mented malt beverages furnished under this paragraph
shall be furnished in original packages or containers and
stored in a cabinet, refrigerator or other secure storage
place. The cabinet, refrigerator or other secure storage
place or the coliseum suite must be capable of being
locked. The cabinet, refrigerator or other secure storage
place or the coliseum suite shall be locked, or the fer-
mented malt beverages shall be removed from the coli-
seum suite, when the coliseum suite is not occupied and
when fermented malt beverages are not being furnished
under this paragraph. Fermented malt beverages may be
furnished at the time the holder occupies the coliseum
suite, but for purposes of this chapter, the sale of fer-
mented malt beverages furnished under this paragraph is
considered to occur at the time and place that the holder
pays for the fermented malt beverages. Notwithstanding
s. 125.32 (3), the holder of a coliseum suite may pay for
the fermented malt beverages at any time if he or she pays
in accordance with the terms of an agreement with the
person operating the coliseum or with the concessionaire.
An individual who stocks or accepts payment for alcohol
beverages under this paragraph shall be the licensee, the
agent named in the license if the licensee is a corporation
or limited liability company, or the holder of a manager’s
or operator’s license or operator’s permit, or be super-
vised by one of those individuals.
SECTION 26be. 125.27 (1) (a) of the statutes is
amended to read:
125.27 (1) (a) The department division shall issue
Class “B” permits to clubs holding a valid certificate
issued under s. 73.03 (50) that are operated solely for the
playing of golf or tennis and are commonly known as
country clubs and to clubs that are operated solely for
curling, ski jumping or yachting, if the club is not open
to the general public and if no Class “B” licenses are
issued by the governing body of the municipality in
which the club is located. A Class “B” permit authorizes
retail sales of fermented malt beverages to be consumed
on the premises where sold. Persons holding a Class “B”
permit may sell beverages containing less than 0.5 per-
cent of alcohol by volume without obtaining a license
under s. 66.0433.
SECTION 26bf. 125.27 (2) (a) 1. (intro.) of the statutes
is amended to read:
125.27 (2) (a) 1. (intro.) The department division
may issue a Class “B” permit to any person who holds a
valid certificate issued under s. 73.03 (50) and who is
qualified under s. 125.04 (5) authorizing the sale of fer-
mented malt beverages for consumption on any vessel
having a regular place of mooring located in any waters
of this state as defined under s. 29.001 (45) and (63) if any
of the following applies:
SECTION 26bg. 125.27 (2) (a) 2. of the statutes is
amended to read:
125.27 (2) (a) 2. The department division may issue
the permit only if the vessel leaves its place of mooring
while the sale of fermented malt beverages is taking place
and if the vessel fulfills the requirement under par. (am).
A permit issued under this paragraph also authorizes the
permittee to store fermented malt beverages purchased
for sale on the vessel on premises owned or leased by the
permittee and located near the vessel’s regular place of
mooring. The permittee shall describe on the permit
application under s. 125.04 (3) (a) 3. the premises where − 21 − 2023 Wisconsin Act 2023 Senate Bill 268
the fermented malt beverages will be stored. The
premises shall be open to inspection by the department
division upon request.
SECTION 26bh. 125.27 (3) (b) of the statutes is
amended to read:
125.27 (3) (b) Upon application, the department divi-
sion shall issue a Class “B” permit to a tribe that holds a
valid certificate issued under s. 73.03 (50) and that is
qualified under s. 125.04 (5) and (6). The permit autho-
rizes the retail sale of fermented malt beverages for con-
sumption on or off the premises where sold.
SECTION 26bi. 125.27 (5) (b) and (f) of the statutes
are amended to read:
125.27 (5) (b) The department division may issue
Class “B” permits for locations within racetrack grounds
to any person that holds a valid certificate issued under
s. 73.03 (50), that is qualified under s. 125.04 (5) and (6),
and that is the owner or operator of the racetrack grounds
or is designated by the owner or operator of the racetrack
grounds to operate premises located within the racetrack
grounds. Subject to par. (e), the permit authorizes the
retail sale of fermented malt beverages on the premises
covered by the permit, for consumption anywhere within
the racetrack grounds. If the department division issues
more than one permit under this subsection for the same
racetrack grounds, no part of the premises covered by a
permit under this subsection may overlap with premises
covered by any other permit issued under this subsection.
(f) The department division shall establish a fee for
a permit issued under this subsection in the amount of 50
percent of the fee for a permit issued under sub. (1).
SECTION 26bj. 125.27 (7) of the statutes is created to
read:
125.27 (7) INTEREST RESTRICTIONS. Subject to s.
125.20 (6), a Class “B” permit may not be issued to any
person who holds, or has an interest in a permittee hold-
ing, any of the following:
(a) A wholesaler’s permit issued under s. 125.28 or
125.54.
(b) A brewer’s permit issued under s. 125.29.
(c) A brewpub permit issued under s. 125.295.
(d) A winery permit issued under s. 125.53.
(e) A manufacturer’s or rectifier’s permit issued
under s. 125.52.
(f) An out−of−state shipper’s permit issued under s.
125.30 or 125.58.
SECTION 26bk. 125.275 (1) of the statutes is
amended to read:
125.275 (1) The department division may issue an
industrial fermented malt beverages permit which autho-
rizes the permittee to purchase and use fermented malt
beverages for industrial purposes only. Such permits
may be issued only to persons who prove to the depart-
ment division that they use alcohol for industrial pur-
poses and who holds a valid certificate issued under s.
73.03 (50).
SECTION 26bm. 125.275 (2) (b) of the statutes is
amended to read:
125.275 (2) (b) An industrial fermented malt bever-
ages permit may not be issued to a person holding a
wholesaler’s permit issued under s. 125.28 or to a person
who has a direct or indirect ownership an interest in a
premises operating under a wholesaler’s permit issued
permittee under s. 125.28.
SECTION 26bn. 125.275 (3) of the statutes is
amended to read:
125.275 (3) Shipments of industrial fermented malt
beverages shall be conspicuously labeled “for industrial
purposes” and shall meet other requirements which the
department division prescribes by rule.
SECTION 26bo. 125.28 (1) (a) of the statutes is
amended to read:
125.28 (1) (a) Subject to par. (b), the department divi-
sion may issue permits to wholesalers for the sale of fer-
mented malt beverages from premises within this state,
which premises shall comply with the requirements
under s. 125.34 (2). Subject to s. 125.34, and except as
provided in pars. (e) and (f), a wholesaler’s permit autho-
rizes sales of fermented malt beverages only in original
packages or containers to retailers or wholesalers.
SECTION 26bp. 125.28 (1) (b) of the statutes is
amended to read:
125.28 (1) (b) If a wholesaler does not maintain any
warehouse in this state but is licensed and maintains a
warehouse in an adjoining state that allows wholesalers
holding a wholesaler’s permit in this state to deliver fer-
mented malt beverages to retailers in the adjoining state
without warehousing in that state and that further
requires that all fermented malt beverages be first
unloaded and physically at rest at, and distributed from,
the warehouse of the licensed wholesaler in that state, the
wholesaler’s permit shall be issued by the department
division. Notwithstanding s. 125.04 (5) (a) 2. and (c) and
(6), the department division may issue the wholesaler’s
permit to a wholesaler described in this paragraph who is
a natural person and not a resident of this state or that is
a corporation or limited liability company and has not
appointed an agent in this state.
SECTION 26bq. 125.28 (2) (b) (intro.) of the statutes
is amended to read:
125.28 (2) (b) (intro.) A Subject to s. 125.20 (6), a
wholesaler’s permit may not be issued to any of the fol-
lowing:
SECTION 26br. 125.28 (2) (b) 1. a. of the statutes is
amended to read:
125.28 (2) (b) 1. a. A Class “A” license issued under
s. 125.25 or “Class A” license issued under s. 125.51 (2).
SECTION 26bs. 125.28 (2) (b) 1. b. of the statutes is
amended to read:
125.28 (2) (b) 1. b. A Class “B” license issued under
s. 125.26, “Class B” license issued under s. 125.51 (3), or
“Class C” license issued under s. 125.51 (3m). − 22 −2023 Wisconsin Act 2023 Senate Bill 268
SECTION 26bt. 125.28 (2) (b) 1. c. of the statutes is
amended to read:
125.28 (2) (b) 1. c. A Class “B” permit issued under
s. 125.27 or “Class B” permit issued under s. 125.51 (5).
SECTION 26bu. 125.28 (2) (b) 1. g., h. and i. of the
statutes are created to read:
125.28 (2) (b) 1. g. A winery permit issued under s.
125.53.
h. A manufacturer’s or rectifier’s permit issued under
s. 125.52.
i. An out−of−state shipper’s permit issued under s.
125.30 or 125.58.
SECTION 26bv. 125.28 (2) (b) 1. j. of the statutes is
created to read:
125.28 (2) (b) 1. j. A no−sale event venue permit
issued under s. 125.24.
SECTION 26bw. 125.28 (2) (b) 2. of the statutes is
amended to read:
125.28 (2) (b) 2. Except as provided in s. 125.33 (2m)
Subject to s. 125.20 (6), a person who has a direct or indi-
rect ownership an interest in a premises operating under
person holding one or more of the licenses or permits
listed in subd. 1. a. to f.
SECTION 26bx. 125.28 (2) (e) of the statutes is
repealed.
SECTION 26by. 125.28 (4) of the statutes is amended
to read:
125.28 (4) The amount of the permit fee shall be
established by the department division and shall be an
amount that is sufficient to fund one special agent posi-
tion dedicated to alcohol and tobacco enforcement at in
the department division, but the permit fee may not
exceed $2,500 per year or fractional part thereof. All per-
mit fees received under this subsection shall be credited
to the appropriation account under s. 20.566 (1) (hd).
SECTION 26cc. 125.28 (5) (b) of the statutes is
amended to read:
125.28 (5) (b) A wholesaler under this section shall
annually sell and deliver fermented malt beverages to at
least 25 retail licensees or other wholesalers that do not
have any direct or indirect an interest in each other or in
the wholesaler. The department division may not issue
a permit under this section unless the applicant represents
to the department division an intention to satisfy this
requirement, and may not renew a permit issued under
this section unless the wholesaler demonstrates that this
requirement has been satisfied.
SECTION 26cd. 125.28 (5) (d) 3. of the statutes is
amended to read:
125.28 (5) (d) 3. This paragraph shall not affect the
authority of any municipality or the department division
to revoke, suspend, or refuse to renew or issue a license
or permit under s. 125.12.
SECTION 26ce. 125.28 (5) (e) of the statutes is
amended to read:
125.28 (5) (e) The department division shall promul-
gate rules to administer and enforce the requirements
under this subsection. The rules shall ensure coordina-
tion between the department’s division’s issuance and
renewal of permits under this section and its enforcement
of the requirements of this subsection, and shall require
that all applications for issuance or renewal of permits
under this section be processed by department division
personnel generally familiar with activities of fermented
malt beverages wholesalers. The department division
shall establish by rule minimum requirements for ware-
house facilities on premises described in permits issued
under this section and for periodic site inspections by the
department division of such warehouse facilities.
SECTION 26cf. 125.29 (1) of the statutes is amended
to read:
125.29 (1) PERMIT. No person may operate as a
brewer unless that person obtains a permit from the
department division. A permit under this section may
only be issued to a person who holds a valid certificate
issued under s. 73.03 (50).
SECTION 26cg. 125.29 (2) (a) of the statutes is
repealed and recreated to read:
125.29 (2) (a) Subject to s. 125.20 (6), a brewer’s per-
mit may not be issued to any person who holds, or has an
interest in a licensee or permittee holding, any of the fol-
lowing:
1. A Class “A” license issued under s. 125.25 or
“Class A” license issued under s. 125.51 (2).
2. A Class “B” license issued under s. 125.26, “Class
B” license issued under s. 125.51 (3), or “Class C” license
issued under s. 125.51 (3m).
3. A Class “B” permit issued under s. 125.27 or
“Class B” permit issued under s. 125.51 (5).
4. Except as provided in par. (c), a wholesaler’s per-
mit issued under s. 125.28 or 125.54.
5. A brewpub permit issued under s. 125.295.
SECTION 26ch. 125.29 (2) (a) 6. of the statutes is cre-
ated to read:
125.29 (2) (a) 6. A no−sale event venue permit under
s. 125.24.
SECTION 26ci. 125.29 (2) (b) 1. and 2. of the statutes
are repealed.
SECTION 26cj. 125.29 (2) (b) 3. of the statutes is
renumbered 125.29 (2) (c).
SECTION 26ck. 125.29 (3) (intro.) of the statutes is
amended to read:
125.29 (3) AUTHORIZED ACTIVITIES. (intro.) The
department division shall issue brewer’s permits to eligi-
ble applicants authorizing all of the following:
SECTION 26cm. 125.29 (3) (c) of the statutes is
amended to read:
125.29 (3) (c) The transportation of fermented malt
beverages between the brewery premises and any depot
or, warehouse, or full−service retail outlet maintained by − 23 − 2023 Wisconsin Act 2023 Senate Bill 268
the brewer, off−site retail outlet established by the
brewer, or other premises for which the brewer holds a
permit under this chapter.
SECTION 26cn. 125.29 (3) (dm) of the statutes is cre-
ated to read:
125.29 (3) (dm) The sale, shipment, transportation,
and delivery of fermented malt beverages, in bulk or in
any state of packaging, that have been manufactured by
the brewer to another brewer holding a permit under this
section, and the receipt of the fermented malt beverages
by the other brewer.
SECTION 26co. 125.29 (3) (e) of the statutes is
amended to read:
125.29 (3) (e) Notwithstanding ss. 125.04 (9) and
125.09 (1), and subject to sub. (7) (h), the retail sale of fer-
mented malt beverages that have been manufactured on
the brewery premises or on other premises of the brewer
for on−premise consumption by individuals at the brew-
ery premises or an off−site retail outlet established by the
brewer.
SECTION 26cp. 125.29 (3) (f) of the statutes is
amended to read:
125.29 (3) (f) Notwithstanding ss. 125.04 (9) and
125.09 (1), and subject to sub. (7) (h), the retail sale to
individuals of fermented malt beverages, in original
unopened packages or containers, that have been manu-
factured on the brewery premises or on other premises of
the brewer for off−premise consumption by individuals,
if the sale occurs at the brewery premises or at an off−site
retail outlet established by the brewer.
SECTION 26cq. 125.29 (3) (g) of the statutes is
repealed.
SECTION 26cr. 125.29 (3) (h) of the statutes is renum-
bered 125.29 (3) (h) (intro.) and amended to read:
125.29 (3) (h) (intro.) Notwithstanding ss. 125.04 (9)
and 125.09 (1), the retail sale of intoxicating liquor, for
on−premise on−premises consumption by individuals at
the brewery premises or an off−site retail outlet estab-
lished by the brewer, if all of the following apply:
1. The brewer held, on June 1, 2011, a license or per-
mit authorizing the retail sale of intoxicating liquor and
if at the location.
2. The intoxicating liquor has been purchased by the
brewer from a wholesaler holding a permit under s.
125.54.
SECTION 26cs. 125.29 (3) (h) 3. of the statutes is cre-
ated to read:
125.29 (3) (h) 3. The brewer is not eligible to make
full−service retail sales under sub. (7) at the location.
SECTION 26ct. 125.29 (3) (i) of the statutes is
amended to read:
125.29 (3) (i) The provision of free taste samples on
the brewery premises, at an off−site retail outlet estab-
lished by the brewer, or at the brewer’s full−service retail
outlet if the taste samples are of alcohol beverages the
brewer is authorized to sell under pars. (e) and (f) or sub.
(7) (c) or as authorized under s. 125.33 (12).
SECTION 26cu. 125.29 (6) of the statutes is amended
to read:
125.29 (6) RESTAURANTS. A brewer may operate a
restaurant on the brewery premises and, at an off−site
retail outlet established by the brewer. A brewer may not
operate a restaurant at any other location except that a
brewer may possess or hold an indirect interest in a Class
“B” license for not more than 20 restaurants in each of
which the sale of alcohol beverages accounts for less than
60 percent of the restaurant’s gross receipts if no fer-
mented malt beverages manufactured by the brewer are
offered for sale in any of these restaurants, and at any
full−service retail outlet under sub. (7). Unless engaged
in retail sales under sub. (7), a brewer operating a restau-
rant may only sell alcohol beverages that have been man-
ufactured under the brewer’s own brewer’s permit.
SECTION 26cv. 125.29 (7) and (8) of the statutes are
created to read:
125.29 (7) RETAIL SALES; FULL−SERVICE RETAIL OUT-
LETS. (a) 1. Notwithstanding ss. 125.04 (9) and 125.09
(1), a brewer may make retail sales, on the brewery
premises, of fermented malt beverages that have been
manufactured by the brewer on the brewery premises or
on other premises of the brewer, for on−premises or off−
premises consumption.
2. Notwithstanding ss. 125.04 (9) and 125.09 (1), if
a brewer manufactured, on all brewery premises operated
by the brewer in this state, a cumulative total of at least
250 barrels of fermented malt beverages in any one of the
3 preceding calendar years, the brewer may engage in
full−service retail sales on the brewery premises.
(b) Notwithstanding ss. 125.04 (9) and 125.09 (1),
and subject to pars. (d) and (g), if a brewer manufactured,
on all brewery premises operated by the brewer in this
state, a cumulative total of at least 250 barrels of fer-
mented malt beverages in any one of the 3 preceding cal-
endar years, the brewer may engage in full−service retail
sales at off−site locations identified in the brewer’s per-
mit. Subject to pars. (f) and (g), the number of retail sales
locations a brewer is allowed in addition to the brewery
premises is determined by the cumulative volume of fer-
mented malt beverages the brewer manufactured on all
brewery premises operated by the brewer in this state in
any one of the 3 preceding calendar years, as follows:
1. If the brewer’s cumulative volume in a year was
at least 250 barrels of fermented malt beverages but less
than 2,500 barrels of fermented malt beverages, the
brewer may establish one full−service retail outlet.
2. If the brewer’s cumulative volume in a year was
at least 2,500 barrels of fermented malt beverages but less
than 7,500 barrels of fermented malt beverages, the
brewer may establish not more than 2 full−service retail
outlets. − 24 −2023 Wisconsin Act 2023 Senate Bill 268
3. If the brewer’s cumulative volume in a year was
at least 7,500 barrels of fermented malt beverages, the
brewer may establish not more than 3 full−service retail
outlets.
(c) 1. Except as provided in subd. 2. and par. (f), a
brewer may make full−service retail sales of alcohol bev-
erages on the brewery premises and at any of its full−ser-
vice retail outlets only if the alcohol beverages were pur-
chased by the brewer from a wholesaler holding a permit
under s. 125.28 or 125.54, from a brewer authorized to
make sales to retailers under sub. (3m), from a brewpub
authorized to make sales to retailers under s. 125.295 (1)
(g), or from a permittee under s. 125.30 authorized to
make sales to retailers under s. 125.30 (4).
2. A brewer is not required to purchase from another
permittee fermented malt beverages manufactured by the
brewer that the brewer sells at retail on the brewery
premises or at a full−service retail outlet of the brewer.
3. Subject to subd. 2. and par. (f), a brewer engaged
in full−service retail sales on brewery premises or at a
full−service retail outlet of the brewer is subject to ss.
125.33 (9) and 125.69 (6) to the same extent as if the
brewer were a retail licensee.
(d) 1. A brewer may not commence sales of alcohol
beverages at a full−service retail outlet unless, prior to
commencing such sales, the brewer receives approval
from the municipality in which the full−service retail out-
let is located and from the division as provided in par. (g).
2. Subject to par. (f), a municipality may limit the
scope of alcohol beverages offered for sale at a full−ser-
vice retail outlet only with respect to alcohol beverages
that are not of the same type as those produced by the per-
son holding the brewer’s permit. A municipality may not
limit the sale, at a full−service retail outlet, of alcohol
beverages produced by the person holding the brewer’s
permit. A municipality may not limit the scope of alcohol
beverages offered for sale under sub. (3) (h). If a munici-
pality limits the scope of alcohol beverages offered for
sale, the provision of taste samples is limited to those
alcohol beverages authorized to be sold.
3. Except as provided in subd. 2., a municipality’s
approval under subd. 1. shall be based on the same stan-
dards and criteria that the municipality has established by
ordinance for the evaluation and approval of retail license
applications. A municipality may not impose any
requirement or restriction in connection with the
approval under subd. 1. that the municipality does not
impose on retail licensees.
(e) If a brewer operates a restaurant as provided in
sub. (6) and is authorized under this subsection to make
retail sales of wine at the restaurant, the brewer may make
retail sales of wine in an opened original bottle, in a quan-
tity not to exceed one bottle, for consumption both at the
restaurant and away from the restaurant if all of the fol-
lowing apply:
1. The purchaser of the wine orders food to be con-
sumed at the restaurant.
2. The brewer provides a dated receipt that identifies
the purchase of the food and the bottle of wine.
3. Prior to the opened, partially consumed bottle of
wine being taken away from the restaurant, the brewer
securely reinserts the cork into the bottle to the point
where the top of the cork is even with the top of the bottle,
or securely reattaches the original cap to the bottle, and
the cork is reinserted or the cap is reattached at a time
other than during the hours in which the brewer is prohib-
ited under sub. (8) (b) from making retail sales for off−
premises consumption.
(f) 1. If a brewer may establish one or more full−ser-
vice retail outlets under pars. (b) and (g) and the brewer
also holds a manufacturer’s or rectifier’s permit or win-
ery permit or both and, as such, may establish full−ser-
vice retail outlets under s. 125.52 (4) (b) and (g) or 125.53
(3) (b) and (g), the aggregate number of full−service retail
outlets that may be established is the maximum number
authorized under par. (b), under s. 125.52 (4) (b), or under
s. 125.53 (3) (b), whichever is greatest, but not exceeding
3 full−service retail outlets. Under these circumstances,
each authorized full−service retail outlet shall serve as
the full−service retail outlet associated with each applica-
ble permit, regardless of whether the permittee would
otherwise be entitled to fewer full−service retail outlets
when calculated under par. (b) or s. 125.52 (4) (b) or
125.53 (3) (b).
2. If a brewer may engage in full−service retail sales
on the brewery premises as provided in par. (a) 2. and the
brewer also holds a manufacturer’s or rectifier’s permit
or winery permit or both, the brewer may make retail
sales on the brewery premises of intoxicating liquor pro-
duced under its manufacturer’s or rectifier’s permit or
winery permit without first purchasing the intoxicating
liquor from a wholesaler holding a permit under s.
125.54.
3. If a person holds more than one brewer’s permit
under this section, the retail sales authority under this
subsection for brewery premises applies with respect to
each brewer’s permit, but the limit on full−service retail
outlets is an aggregate maximum, regardless of the num-
ber of brewer’s permits held.
(g) 1. An application for a brewer’s permit, including
an application for an amendment to the brewer’s permit,
shall specify each full−service retail outlet of the brewer
and particularly describe the premises of the full−service
retail outlet.
2. The division shall establish a process for approval
of a brewer’s full−service retail outlet and for revocation
of this approval. The division shall approve a brewer’s
full−service retail outlet, and may not revoke this
approval, unless the brewer has violated a provision of
this chapter related to full−service retail outlets. The − 25 − 2023 Wisconsin Act 2023 Senate Bill 268
division’s failure to approve, or revocation of approval
of, a full−service retail outlet described in a brewer’s
application or permit does not affect any other full−ser-
vice retail outlet or the brewery premises as described in
the application or permit.
3. If the division approves a full−service retail outlet,
the brewer’s permit, as initially issued or as amended,
shall particularly describe the premises constituting the
full−service retail outlet, which shall be considered part
of the premises under the brewer’s permit.
4. If the division approves a full−service retail outlet,
the agent appointed under s. 125.04 (6) for the brewer’s
permit shall also serve as the agent for the full−service
retail outlet.
5. Section 125.04 (12) (a) does not apply to a brew-
er’s full−service retail outlet. Upon notice to the division,
a brewer may relocate any full−service retail outlet to a
new location within this state once per calendar year,
except that one full−service retail outlet of a brewer may
be relocated without limitation on frequency in each cal-
endar year.
(h) A brewer that is eligible to establish a full−service
retail outlet under this subsection is not authorized to
make retail sales of fermented malt beverages at an off−
site retail outlet under sub. (3) (e) and (f).
(8) CLOSING HOURS. (a) On brewery premises, no
person may sell alcohol beverages at retail for on−
premises consumption, provide taste samples of alcohol
beverages, or consume alcohol beverages during the
closing hours applicable to a Class “B” licensee under s.
125.32 (3) (a). A full−service retail outlet under sub. (7)
shall be subject to the same closing hours applicable to a
Class “B” licensee under s. 125.32 (3) (a).
(b) On brewery premises and at a full−service retail
outlet, no person may sell alcohol beverages at retail for
off−premises consumption during the hours in which a
Class “B” licensee in the municipality where the brewery
or retail outlet is located may not make retail sales under
s. 125.32 (3) (am) and (d).
(c) No member of the public or invited guests may be
present on brewery premises during the closing hours
applicable to a Class “B” licensee under s. 125.32 (3) (a).
(d) Activities authorized under a brewer’s permit
related to the production, shipment, transportation, or
delivery of alcohol beverages may occur at any time.
SECTION 26cw. 125.295 (1) (intro.) of the statutes is
amended to read:
125.295 (1) (intro.) The department division shall
issue brewpub permits to eligible applicants authorizing
all of the following:
SECTION 26cx. 125.295 (1) (a) of the statutes is
amended to read:
125.295 (1) (a) The manufacture of fermented malt
beverages on the brewpub premises if, except as provided
in s. 125.21 (2) and (3), the entire manufacturing process
occurs on these premises and not more than 10,000
20,000 barrels of fermented malt beverages are manufac-
tured in a calendar year by the permittee’s brewpub
group.
SECTION 26cy. 125.295 (1) (fm) of the statutes is cre-
ated to read:
125.295 (1) (fm) The sale, shipment, transportation,
and delivery of fermented malt beverages, in bulk or in
any state of packaging, that have been manufactured by
the brewpub to another brewpub holding a permit under
this section, and the receipt of the fermented malt bever-
ages by the other brewpub.
SECTION 26cz. 125.295 (1) (g) of the statutes is
amended to read:
125.295 (1) (g) The sale at wholesale, shipment,
transportation, and delivery, in original unopened pack-
ages or containers, to retailers, from the brewpub
premises, of fermented malt beverages that have been
manufactured on these premises or on other brewpub
premises of the brewpub. A brewpub’s brewpub group
may not sell, ship, transport, or deliver more than a total
of 1,000 2,000 barrels of fermented malt beverages in any
calendar year to retailers under this paragraph. Fer-
mented malt beverages provided by a brewpub to any
retail premises for which the brewpub group holds a retail
license shall not be included in any calculation of the
1,000 2,000 barrel limitation under this paragraph.
Deliveries and shipments of fermented malt beverages by
a brewpub under this paragraph shall be made to retailers
only at their retail premises. Any retailer receiving such
a delivery or shipment is subject to the prohibition under
s. 125.34 (5) against further transporting the delivery or
shipment to any other retail premises.
SECTION 26db. 125.295 (2) (a) 1. of the statutes is
amended to read:
125.295 (2) (a) 1. The applicant’s brewpub group
manufactures a total of not more than 10,000 20,000 bar-
rels of fermented malt beverages in a calendar year.
SECTION 26dc. 125.295 (2) (a) 2. of the statutes is
amended to read:
125.295 (2) (a) 2. The Except as provided in s. 125.21
(2) and (3), the applicant’s entire process for manufactur-
ing fermented malt beverages occurs on premises cov-
ered by a permit issued under this section. If the applicant
holds more than one permit issued under this section, the
applicant is not required to manufacture fermented malt
beverages on each premises for which a permit is issued
under this section.
SECTION 26dd. 125.295 (2) (a) 4. of the statutes is
amended to read:
125.295 (2) (a) 4. The applicant holds a Class “B”
license for the restaurant identified in subd. 3. and, on
these Class “B” premises, offers for sale, in addition to
fermented malt beverages manufactured by the appli-
cant, fermented malt beverages manufactured by a
brewer or brewpub other than the applicant and its brew-
pub group. − 26 −2023 Wisconsin Act 2023 Senate Bill 268
SECTION 26de. 125.295 (2) (a) 6. (intro.) of the
statutes is amended to read:
125.295 (2) (a) 6. (intro.) Neither Subject to s. 125.20
(6), neither the applicant nor the applicant’s brewpub
group holds, or has a direct or indirect ownership an
interest in a premises operating under licensee or permit-
tee holding, any of the following:
SECTION 26df. 125.295 (2) (a) 6. a. of the statutes is
amended to read:
125.295 (2) (a) 6. a. A Class “A” license issued under
s. 125.25 or “Class A” license issued under s. 125.51 (2).
SECTION 26dg. 125.295 (2) (a) 6. b. of the statutes is
amended to read:
125.295 (2) (a) 6. b. Except as provided in subd. 4.
and subs. (1) (h) and (3) (b) and (c), a Class “B” license
issued under s. 125.26, Class “B” permit issued under s.
125.27, “Class B” license issued under s. 125.51 (3),
“Class B” permit issued under s. 125.51 (5), or “Class C”
license issued under s. 125.51 (3m).
SECTION 26dh. 125.295 (2) (a) 6. c. of the statutes is
amended to read:
125.295 (2) (a) 6. c. A wholesaler’s permit issued
under s. 125.28 or 125.54.
SECTION 26di. 125.295 (2) (a) 6. g. of the statutes is
created to read:
125.295 (2) (a) 6. g. A no−sale event venue permit
issued under s. 125.24.
SECTION 26dj. 125.295 (2) (b) of the statutes is
amended to read:
125.295 (2) (b) If an applicant under par. (a) has no
current operations, the applicant may certify that the
applicant has applied for or will apply for a Class “B”
license or license under s. 97.30 for a restaurant or will
comply with any other requirement under par. (a), prior
to or upon commencing operations authorized under this
section. If a Class “B” license or license under s. 97.30
for a restaurant is not subsequently issued to the appli-
cant, or if the applicant otherwise fails to comply with
any requirement for eligibility under par. (a), the depart-
ment division may revoke under s. 125.12 (5) the permit
issued under this section.
SECTION 26dk. 125.295 (2) (c) of the statutes is
amended to read:
125.295 (2) (c) If an applicant under par. (a) holds
any license or permit prohibited under par. (a) 6. at the
time of its application, the applicant may certify that the
applicant will surrender any such license or permit upon
issuance of a permit under this section. If the department
division issues a permit under this section and the appli-
cant fails to surrender any license or permit prohibited
under par. (a) 6., the department division may revoke
under s. 125.12 (5) the permit issued under this section.
An applicant is not required to surrender any Class “B”
license issued under s. 125.31 (1) (a) 2., 2009 stats., or
under s. 125.31 (1) (a) 3., 2005 stats., if the applicant’s
continued possession of the license is consistent with
subs. (1) (h), (2) (a) 4., and (3) (b) and (c).
SECTION 26dm. 125.295 (4) of the statutes is
amended to read:
125.295 (4) The fee established by the department
division for a brewpub permit shall not exceed the fee
established by the department division for a permit under
s. 125.29.
SECTION 26dn. 125.295 (5) of the statutes is
amended to read:
125.295 (5) The department division shall promul-
gate rules and prescribe forms to ensure strict compliance
with the requirements under this section.
SECTION 26do. 125.30 (1) of the statutes is amended
to read:
125.30 (1) The department division shall issue out−
of−state shippers’ permits which, except as provided in
sub. (4), authorize the permittee to ship fermented malt
beverages only to holders of a wholesaler’s permit issued
under s. 125.28. Except with respect to any shipment
from a warehouse in an adjoining state by a wholesaler
issued a wholesale permit under s. 125.28 (1) (b), no per-
son may receive fermented malt beverages in this state
which have been directly shipped from outside this state
by any person other than the holder of a permit issued
under this section. Subject to s. 125.34 (2), all shipments
of fermented malt beverages to a wholesaler of fermented
malt beverages in this state, whether shipped to the
wholesaler from inside this state or from outside this
state, shall be unloaded in, physically at rest in, and only
then distributed from the wholesaler’s warehouse in this
state.
SECTION 26dp. 125.30 (2) of the statutes is amended
to read:
125.30 (2) The application for an out−of−state ship-
per’s permit and the permit shall be on forms prescribed
by the department division which shall contain provi-
sions determined by the department division as necessary
to effectuate the purposes of ss. 139.01 to 139.25 and
shall include a provision that the permittee agrees to do
all of the following:
(a) To comply Comply with s. 139.05 relating to fil-
ing a bond, filing returns, paying taxes, and record keep-
ing;.
(b) To permit Permit inspections and examinations of
the permittee’s premises and records by the department
division and its duly authorized employees, as authorized
under s. 139.08 (4); and 125.025 (3).
(c) To pay Pay the expenses reasonably attributable
to such the inspections and examinations under par. (b)
made within the United States.
SECTION 26dq. 125.30 (2) (d) of the statutes is cre-
ated to read: − 27 − 2023 Wisconsin Act 2023 Senate Bill 268
125.30 (2) (d) Accept service of process and consent
to jurisdiction in any proceeding in this state to enforce
the provisions of this chapter or ch. 139.
SECTION 26dr. 125.30 (3) of the statutes is renum-
bered 125.30 (3) (a) and amended to read:
125.30 (3) (a) Out−of−state shippers’ permits may be
issued only to a person who holds a valid certificate
issued under s. 73.03 (50), who is qualified under s.
125.04 (5), who does not maintain an office or street
address in this state, and who is the primary source of sup-
ply for the brand of fermented malt beverages. An out−
of−state shipper’s permit may not be issued to a person
determined by the department division to be primarily
engaged in wholesale or retail sales in another state. Not-
withstanding s. 125.04 (5) (a), natural persons obtaining
out−of−state shippers’ permits are not required to be resi-
dents of this state. Notwithstanding s. 125.04 (5) (a) 5.,
a person is not required to complete a responsible bever-
age server training course to be qualified for a permit
under this section. Notwithstanding s. 125.04 (6), corpo-
rations or limited liability companies obtaining out−of−
state shippers’ permits are not required to appoint agents
vested with authority over the premises as described in s.
125.04 (6) (a).
SECTION 26ds. 125.30 (3) (b) of the statutes is created
to read:
125.30 (3) (b) 1. A permittee under this section shall
appoint and continually engage the services of an agent
in this state to act as agent for the service of process on
whom all processes, and any action or proceeding against
the permittee concerning or arising out of the enforce-
ment of any provision of this chapter or ch. 139, may be
served in any manner authorized by law. That service
shall constitute legal and valid service of process on the
permittee. The permittee shall provide to the division, in
the form and manner prescribed by the division, the
name, address, phone number, and proof of the appoint-
ment and availability of the agent.
2. The permittee shall provide notice to the division
30 calendar days before termination of the authority of an
agent under subd. 1. and shall provide proof to the satis-
faction of the division of the appointment of a new agent
no less than 5 calendar days before the termination of an
existing agent appointment. In the event an agent termi-
nates an agency appointment, the permittee shall notify
the division of that termination within 5 calendar days
and shall include proof to the satisfaction of the division
of the appointment of a new agent.
3. If a permittee fails to maintain an agent in this state
after a permit is issued under this section, the permittee
is considered to have appointed the department of finan-
cial institutions as the permittee’s agent, and the permit-
tee may be proceeded against in courts of this state by ser-
vice of process upon the department of financial
institutions.
SECTION 26dt. 125.30 (3) (c) of the statutes is created
to read:
125.30 (3) (c) Subject to s. 125.20 (6), an out−of−
state shipper’s permit may not be issued to any person
who has an interest in a licensee or permittee holding any
of the following:
1. A Class “A” license issued under s. 125.25 or
“Class A” license issued under s. 125.51 (2).
2. A Class “B” license issued under s. 125.26, “Class
B” license issued under s. 125.51 (3), or “Class C” license
issued under s. 125.51 (3m).
3. A Class “B” permit issued under s. 125.27 or
“Class B” permit issued under s. 125.51 (5).
4. A wholesaler’s permit issued under s. 125.28 or
125.54.
SECTION 26du. 125.30 (3) (c) 5. of the statutes is cre-
ated to read:
125.30 (3) (c) 5. A no−sale event venue permit issued
under s. 125.24.
SECTION 26dv. 125.30 (4) of the statutes is amended
to read:
125.30 (4) An out−of−state brewer that manufactures
300,000 barrels or less of fermented malt beverages in a
calendar year from all locations and that holds an out−of−
state shipper’s permit may sell and ship fermented malt
beverages directly to retail licensees if the out−of−state
brewer registers with the department division, files what-
ever periodic reports with the department division as the
department division may require, and complies with the
requirements in ss. 125.33 and 125.34, as applicable, to
the same extent as if the out−of−state brewer were a
wholesaler holding a permit under s. 125.28.
SECTION 26dw. 125.30 (5) of the statutes is amended
to read:
125.30 (5) The department division may revoke or
suspend an out−of−state shipper’s permit for such time as
the department division determines, if the permittee vio-
lates any provision of the application or ss. 139.01 to
139.25.
SECTION 26dx. 125.32 (2) of the statutes is amended
to read:
125.32 (2) OPERATORS LICENSES; CLASS “A,” OR
CLASS “B,” AND OTHER PREMISES. Except as provided
under sub. (3) (b) and ss. 125.07 (3) (a) 10. and 125.26
(6), no premises operated under a Class “A” or Class “B”
license or permit may be open for business, and no person
who holds a brewer’s permit, manufacturer’s or recti-
fier’s permit, or winery permit may allow the sale or pro-
vision of taste samples of fermented malt beverages on
the brewery premises, manufacturing or rectifying
premises, winery premises, or any retail outlet operated
by the brewer, manufacturer, rectifier, or winery under s.
125.29 (7), 125.52 (4), or 125.53 (3), unless there is upon
the premises the licensee or permittee, the agent named
in the license or permit if the licensee or permittee is a − 28 −2023 Wisconsin Act 2023 Senate Bill 268
corporation or limited liability company, or some person
who has an operator’s license and who is responsible for
the acts of all persons serving any fermented malt bever-
ages to customers. An operator’s license issued in
respect to a vessel under s. 125.27 (2) is valid outside the
municipality that issues it. For the purpose of this subsec-
tion, any person holding a manager’s license under s.
125.18 or any member of the licensee’s or permittee’s
immediate family who has attained the age of 18 shall be
considered the holder of an operator’s license. No per-
son, including a member of the licensee’s or permittee’s
immediate family, other than the licensee, permittee, or
agent may serve fermented malt beverages in any place
operated under a Class “A” or Class “B” license or permit
or on brewery premises, manufacturing or rectifying
premises, winery premises, or any retail outlet operated
by a brewer, manufacturer, rectifier, or winery under s.
125.29 (7), 125.52 (4), or 125.53 (3) unless he or she has
an operator’s license, is considered to have an operator’s
license under this subsection, or is at least 18 years of age
and is under the immediate supervision of the licensee,
permittee, agent, or a person holding an operator’s
license, who is on the premises at the time of the service.
SECTION 26dy. 125.32 (2) of the statutes, as affected
by 2023 Wisconsin Act .... (this act), is amended to read:
125.32 (2) OPERATORS LICENSES AND PERMITS; CLASS
“A,” CLASS “B,” AND OTHER PREMISES. Except as provided
under sub. (3) (b) and ss. 125.07 (3) (a) 10. and 125.26
(6), no premises operated under a Class “A” or Class “B”
license or permit may be open for business, and no person
who holds a brewer’s permit, manufacturer’s or recti-
fier’s permit, or winery permit may allow the sale or pro-
vision of taste samples of fermented malt beverages on
the brewery premises, manufacturing or rectifying
premises, winery premises, or any retail outlet operated
by the brewer, manufacturer, rectifier, or winery under s.
125.29 (7), 125.52 (4), or 125.53 (3), unless there is upon
the premises the licensee or permittee, the agent named
in the license or permit if the licensee or permittee is a
corporation or limited liability company, or some person
who has an operator’s license or operator’s permit and
who is responsible for the acts of all persons serving any
fermented malt beverages to customers. An operator’s
license issued in respect to a vessel under s. 125.27 (2) is
valid outside the municipality that issues it. For the pur-
pose of this subsection, any person holding a manager’s
license under s. 125.18 or any member of the licensee’s
or permittee’s immediate family who has attained the age
of 18 shall be considered the holder of an operator’s
license. No person other than the licensee, permittee, or
agent may serve fermented malt beverages in any place
operated under a Class “A” or Class “B” license or permit
or on brewery premises, manufacturing or rectifying
premises, winery premises, or any retail outlet operated
by a brewer, manufacturer, rectifier, or winery under s.
125.29 (7), 125.52 (4), or 125.53 (3) unless he or she has
an operator’s license or operator’s permit, is considered
to have an operator’s license under this subsection, or is
at least 18 years of age and is under the immediate super-
vision of the licensee, permittee, agent, or a person hold-
ing an operator’s license or operator’s permit, who is on
the premises at the time of the service.
SECTION 26eb. 125.32 (3m) (L) of the statutes is cre-
ated to read:
125.32 (3m) (L) An axe throwing facility.
SECTION 26ec. 125.32 (6) (a) of the statutes is
amended to read:
125.32 (6) (a) Except as provided in s. 125.33 (2) (o)
or (12), 125.69 (9), or 125.70, and subject to par. (c), no
person may possess on the premises covered by a retail
or wholesale fermented malt beverages license or permit
any alcohol beverages not authorized by law for sale on
the premises.
SECTION 26ed. 125.33 (2) (a) of the statutes is
amended to read:
125.33 (2) (a) Give to any campus or Class “B”
licensee or permittee, at any given time, for placement
inside the premises, signs, clocks, or menu boards with
an aggregate value of not more than $2,500. If a gift of
any item would cause the $2,500 limit to be exceeded, the
recipient shall pay the brewer, brewpub, or wholesaler
the amount of the item’s value in excess of $2,500. Each
recipient shall keep an invoice or credit memo containing
the name of the donor and the number and value of items
received under this paragraph. The value of an item is its
cost to the donor. Each recipient shall make the records
kept under this paragraph available to the department
division for inspection upon request.
SECTION 26ee. 125.33 (2) (d) of the statutes is
amended to read:
125.33 (2) (d) Sell to a campus or Class “B” licensee
or permittee at fair market value equipment designed and
intended to preserve and maintain the sanitary dispensing
of fermented malt beverages or any services necessary to
maintain this kind of equipment. A brewer, brewpub, or
wholesaler shall charge the same price per unit of equip-
ment to each campus or Class “B” licensee or permittee
making the same or a similar purchase, and shall charge
the same rate to each campus or Class “B” licensee or per-
mittee purchasing maintenance services under this subdi-
vision. Each brewer, brewpub, or wholesaler shall keep
records of each transaction under this subdivision and
shall make the records available to the department divi-
sion upon request.
SECTION 26ef. 125.33 (2) (hr) of the statutes is cre-
ated to read:
125.33 (2) (hr) Enter into a landlord-tenant relation-
ship with a Class “B” licensee or permittee if all of the
requirements under s. 125.20 (6) (b) are satisfied.
SECTION 26eg. 125.33 (9) of the statutes is renum-
bered 125.33 (9) (a) and amended to read: − 29 − 2023 Wisconsin Act 2023 Senate Bill 268
125.33 (9) (a) Except as provided in ss. 125.29 (3m)
(b) and (c), 125.295 (1) (g), and 125.30 (4), no campus or
retail licensee or permittee may purchase or possess fer-
mented malt beverages purchased from any person other
than a wholesaler holding a permit under this chapter for
the sale of fermented malt beverages.
(b) Any person who violates this subsection may par.
(a), if the total volume of fermented malt beverages pur-
chased or possessed by that person in one month is 4,320
fluid ounces or less, may be required to forfeit not more
than $100. A person who purchases or possesses more
than 4,320 fluid ounces of fermented malt beverages in
one month in violation of par. (a) shall be fined not more
than $10,000 or imprisoned for not more than 9 months
or both.
SECTION 26eh. 125.33 (9) (c) of the statutes is created
to read:
125.33 (9) (c) Notwithstanding par. (b), a Class “B”
licensee or permittee who purchases fermented malt bev-
erages from a Class “A” licensee for resale or who pos-
sesses fermented malt beverages purchased from a Class
“A” licensee for resale may be fined not more than $100.
SECTION 26ei. 125.33 (12) of the statutes is amended
to read:
125.33 (12) PROVIDING TASTE SAMPLES ON CLASS “A”
RETAIL PREMISES. Notwithstanding s. 125.34 (6), with the
consent of the Class “A” or Class “B” licensee, a brewer
may provide, free of charge, on Class “A” or Class “B”
premises, taste samples of fermented malt beverages to
any person who has attained the legal drinking age for
consumption on the premises during hours in which the
Class “A” licensee is authorized under s. 125.25 (1) to
provide taste samples or, if more restrictive, only during
hours established by ordinance by a municipality under
s. 125.32 (3) (d) between the hours of 11 a.m. and 7 p.m.
The provision of taste samples under this subsection shall
be subject to the same limitations that apply to taste sam-
ples provided by a Class “A” licensee under s. 125.25 (1).
No brewer may provide as taste samples under this sub-
section any fermented malt beverages that the brewer did
not purchase from the Class “A” licensee on whose
premises the taste samples are provided. A brewer may
provide taste samples of any fermented malt beverages
that the brewer purchased from the retail licensee or that
the brewer produced on premises covered by its brewer’s
permit and brings to the retail premises, but the brewer
may not leave at the retail premises any unused fer-
mented malt beverages not purchased from the retail
licensee. A brewer may provide taste samples under this
subsection through an individual representing the brewer
who is hired by the brewer and who is not employed by
or an agent of a wholesaler. All provisions of this subsec-
tion that apply to a brewer apply equally to any individual
representing a brewer.
SECTION 26ej. 125.34 (6) of the statutes is amended
to read:
125.34 (6) Except as provided in ss. 125.29 (3), (3m)
(b) and (c), and (7) and 125.30 (4), a brewer or out−of−
state shipper may sell, transport, and deliver fermented
malt beverages only to a wholesaler.
SECTION 26ek. 125.51 (1) (a) of the statutes is
amended to read:
125.51 (1) (a) Subject to sub. (2) (e) 2., every munici-
pal governing body may grant and issue “Class A” and
“Class B” licenses for retail sales of intoxicating liquor,
and “Class C” licenses for retail sales of wine, from
premises within the municipality to persons entitled to a
license under this chapter as the issuing municipal gov-
erning body deems proper and may authorize an official
or body of the municipality to issue temporary “Class B”
licenses under sub. (10). No “Class B” license may be
issued to a winery under sub. (3) (am) unless the winery
has been issued a permit under s. 125.53 and the winery
is capable of producing at least 5,000 gallons of wine per
year in no more than 2 locations.
SECTION 26em. 125.51 (2) (am) of the statutes is
amended to read:
125.51 (2) (am) In addition to the authorization under
par. (a) and s. 125.06 (13), a “Class A” license authorizes
the licensee to provide, free of charge, to customers and
visitors who have attained the legal drinking age, taste
samples of intoxicating liquor other than wine that are not
in original packages or containers and that do not exceed
0.5 fluid ounces each, for consumption on the “Class A”
premises. No “Class A” licensee may provide more than
one such taste sample per day to any one person. Taste
samples may be provided under this paragraph only
between the hours of 11 a.m. and 7 p.m. and may not
exceed the quantities specified in s. 125.69 (9) (b). Any
representative of a manufacturer, rectifier, winery, or
out−of−state shipper issued a permit under s. 125.52,
125.53, or 125.58 may assist the “Class A” licensee in
dispensing or serving the taste samples. No “Class A”
licensee may provide as taste samples under this para-
graph intoxicating liquor other than wine that the “Class
A” licensee did not purchase from a wholesaler.
SECTION 26en. 125.51 (2) (e) 3. of the statutes is
amended to read:
125.51 (2) (e) 3. Notwithstanding par. pars. (a) and
(am) and s. 125.06 (13) 125.69 (9), a person issued a
“Class A” license under subd. 2. may not make retail
sales, or provide taste samples, of any intoxicating liquor
other than cider. Paragraph (am) does not apply to a per-
son issued a “Class A” license under subd. 2, and may not
allow a winery, manufacturer, or rectifier to provide taste
samples of any intoxicating liquor other than cider, on the
“Class A” premises.
SECTION 26eo. 125.51 (3) (a) of the statutes is
amended to read:
125.51 (3) (a) A “Class B” license authorizes the
retail sale of intoxicating liquor by the glass and not in the
original package or container for consumption on the − 30 −2023 Wisconsin Act 2023 Senate Bill 268
premises where sold or for consumption off the premises
if the licensee seals the container of intoxicating liquor
with a tamper−evident seal before the intoxicating liquor
is removed from the premises. In addition, wine may be
sold in the original package or container in any quantity
to be consumed off the premises where sold. This para-
graph does not apply in municipalities in which the gov-
erning body elects to come under par. (b) or to a winery
that has been issued a “Class B” license. Paragraph (am)
applies to all wineries that have been issued a “Class B”
license.
SECTION 26ep. 125.51 (3) (am) of the statutes is
repealed.
SECTION 26eq. 125.51 (3) (b) of the statutes is
amended to read:
125.51 (3) (b) In all municipalities electing by ordi-
nance to come under this paragraph, a retail “Class B”
license authorizes the sale of intoxicating liquor to be
consumed by the glass on the premises where sold or off
the premises if the licensee seals the container of intoxi-
cating liquor with a tamper−evident seal before the
intoxicating liquor is removed from the premises. The
“Class B” license also authorizes the sale of intoxicating
liquor in the original package or container, in any quan-
tity, to be consumed off the premises where sold. This
paragraph does not apply to a winery that has been issued
a “Class B” license. Paragraph (am) applies to all winer-
ies that have been issued a “Class B” license.
SECTION 26er. 125.51 (3) (bg) of the statutes is cre-
ated to read:
125.51 (3) (bg) 1. In this paragraph, “bulk container”
means a container exceeding 1.75 liters in volume.
2. This paragraph applies only with respect to a
“Class B” licensee exercising its authority under par. (a)
or (b) to make retail sales of intoxicating liquor for con-
sumption on the premises where sold or for consumption
off the premises if the licensee seals the container of
intoxicating liquor with a tamper−evident seal before the
intoxicating liquor is removed from the premises.
3. Notwithstanding s. 125.03 (2) and any rule pro-
mulgated thereunder, a “Class B” licensee may, on the
licensed premises, prepare, store, and dispense mixed
drinks containing intoxicating liquor, in advance of sale
as described in subd. 2., if all of the following apply:
a. The mixed drink is provided to the consumer in a
glass or other container not exceeding 72 ounces in vol-
ume.
b. The mixed drink has not been stored in a container
for more than 48 hours prior to its sale to a customer.
c. If the mixed drink is stored in or dispensed from a
bulk container, the bulk container does not exceed 5 gal-
lons in volume and is labeled in compliance with the
requirements established under subd. 4.
d. The licensee has not stored the mixed drink in or
dispensed the mixed drink from a wine bottle and has
ensured compliance with ss. 125.68 (8) (a) 2. and 3. and
125.69 (6), as well as compliance with any other applica-
ble state or federal food safety regulation and any federal
alcohol regulation.
4. The division shall prescribe the form of the label
to be used by “Class B” licensees under subd. 3. c., but the
form shall require the licensee to disclose on the label all
of the following information:
a. That the container holds a batch of premixed drinks
and the date and time the batch was prepared.
b. Following the words “expiration date,” the date
and time that is 48 hours after the date and time the batch
was prepared.
c. The words “contains alcohol.”
d. The name of the person who prepared the batch of
premixed drinks in the container.
e. The ingredients of the batch of premixed drinks,
unless the label contains a recipe title for the batch and the
recipe, with a complete ingredient list, is maintained on
the “Class B” premises and is available for inspection.
5. Section 125.68 (9) (b) does not apply with respect
to a container used by a “Class B” licensee solely to pre-
pare, store, or dispense mixed drinks in compliance with
this paragraph.
SECTION 26es. 125.51 (3) (bm) of the statutes is
amended to read:
125.51 (3) (bm) Notwithstanding pars. (a) and (b)
and s. 125.04 (3) (a) 3. and (9), a “Class B” license autho-
rizes a person operating a hotel to furnish a registered
guest who has attained the legal drinking age with a selec-
tion of intoxicating liquor in the guest’s room which is not
part of the “Class B” premises. Intoxicating liquor fur-
nished under this paragraph shall be furnished in original
packages or containers and stored in a cabinet, refrigera-
tor or other secure storage place. The cabinet, refrigera-
tor or other secure storage place must be capable of being
locked. The cabinet, refrigerator or other secure storage
place shall be locked, or the intoxicating liquor shall be
removed from the room, when the room is not occupied
and when intoxicating liquor is not being furnished under
this paragraph. A key for the lock shall be supplied to a
guest who has attained the legal drinking age upon
request at registration. The hotel shall prominently dis-
play a price list of the intoxicating liquor in the hotel
room. Intoxicating liquor may be furnished at the time
the guest occupies the room, but for purposes of this
chapter, the sale of intoxicating liquor furnished under
this paragraph is considered to occur at the time and place
that the guest pays for the intoxicating liquor. Notwith-
standing s. 125.68 (4) (c), the guest may pay for the
intoxicating liquor at any time if he or she pays in con-
junction with checking out of the hotel. An individual
who stocks or accepts payment for alcohol beverages
under this paragraph shall be the licensee, the agent
named in the license if the licensee is a corporation or
limited liability company, or the holder of a manager’s or − 31 − 2023 Wisconsin Act 2023 Senate Bill 268
operator’s license or operator’s permit, or be supervised
by one of those individuals.
SECTION 26et. 125.51 (3) (bs) 2. of the statutes is
amended to read:
125.51 (3) (bs) 2. Notwithstanding pars. (a) and (b)
and s. 125.04 (3) (a) 3. and (9), a “Class B” license autho-
rizes a person operating a coliseum to furnish the holder
of a coliseum suite who has attained the legal drinking
age with a selection of intoxicating liquor in the coliseum
suite that is not part of the “Class B” premises. Intoxicat-
ing liquor furnished under this subdivision shall be fur-
nished in original packages or containers and stored in a
cabinet, refrigerator or other secure storage place. The
cabinet, refrigerator or other secure storage place or the
coliseum suite must be capable of being locked. The cab-
inet, refrigerator or other secure storage place or the coli-
seum suite shall be locked, or the intoxicating liquor shall
be removed from the coliseum suite, when the coliseum
suite is not occupied and when intoxicating liquor is not
being furnished under this subdivision. Intoxicating
liquor may be furnished at the time the holder of the coli-
seum suite occupies the coliseum suite, but for purposes
of this chapter, the sale of intoxicating liquor furnished
under this subdivision is considered to occur at the time
and place that the holder pays for the intoxicating liquor.
Notwithstanding s. 125.68 (4) (c), the holder of a coli-
seum suite may pay for the intoxicating liquor at any time
if he or she pays in accordance with an agreement with
the person operating the coliseum or with the concession-
aire. An individual who stocks or accepts payment for
alcohol beverages under this subdivision shall be the
licensee, the agent named in the license if the licensee is
a corporation or limited liability company, or the holder
of a manager’s or operator’s license or operator’s permit,
or be supervised by one of those individuals.
SECTION 26eu. 125.51 (3) (f) of the statutes is
amended to read:
125.51 (3) (f) A “Class B” license may be issued only
to a holder of a retail Class “B” license to sell fermented
malt beverages unless the “Class B” license is the kind of
“Class B” license specified under par. (am) or is a tempo-
rary “Class B” license under sub. (10).
SECTION 26ev. 125.51 (3m) (a) of the statutes is
repealed.
SECTION 26ew. 125.51 (3m) (c) of the statutes is
amended to read:
125.51 (3m) (c) A Except as provided under s.
125.69, a “Class C” license may be issued to a person
qualified under s. 125.04 (5) for a restaurant in which the
sale of alcohol beverages accounts for less than 50 per-
cent of gross receipts and which does not have a barroom
or for a restaurant in which the sale of alcohol beverages
accounts for less than 50 percent of gross receipts and
which has a barroom in which wine is the only intoxicat-
ing liquor sold. A “Class C” license may not be issued to
a foreign corporation, a foreign limited liability company
or, except a person acting as an agent for or in the employ
of another.
SECTION 26ex. 125.51 (3r) (a) 3. of the statutes is
amended to read:
125.51 (3r) (a) 3. Prior to the opened, partially con-
sumed bottle of wine being taken off the licensed
premises, the licensee securely reinserts the cork into the
bottle to the point where the top of the cork is even with
the top of the bottle, or securely reattaches the original
cap to the bottle, and the cork is reinserted or the cap is
reattached at a time other than during the time period
specified in s. 125.68 (4) (c) 3.
SECTION 26ey. 125.51 (3r) (b) of the statutes is
amended to read:
125.51 (3r) (b) This subsection does not apply to a
“Class B” license issued to a winery under sub. (3) (am).
Nothing in this subsection restricts a licensee’s authoriza-
tion for retail sales of wine under subs. (3) (a) and (b) and
(3m) (b).
SECTION 26ez. 125.51 (4) (a) 1. of the statutes is
amended to read:
125.51 (4) (a) 1. “License” means a retail “Class B”
license issued under sub. (3) but does not include a “Class
B” license issued to wineries under sub. (3) (am).
SECTION 26fb. 125.51 (4) (e) 1. of the statutes is
amended to read:
125.51 (4) (e) 1. A municipality may make a request
to another municipality that is contiguous with, or within
2 miles of, located in whole or in part in the same county
as the requesting municipality that the other municipality
transfer a reserve “Class B” license to the requesting
municipality. If the request is granted, the reserve “Class
B” license shall be transferred.
SECTION 26fc. 125.51 (4) (v) 5. of the statutes is cre-
ated to read:
125.51 (4) (v) 5. An event venue certified by the divi-
sion under s. 125.24 (5) (b). Except as provided in this
subdivision, a license may not be issued under this subdi-
vision unless the license application is received by the
municipality no later than the first day of the 7th month
beginning after the effective date of this subdivision ....
[LRB inserts date]. Except as provided in this subdivi-
sion, if a “Class B” license issued under this subdivision
is surrendered to the issuing municipality, not renewed,
or revoked, the municipality may not reissue the license.
The municipality may reissue the license if the licensee
sells or transfers ownership of the licensed premises or a
business operated on the licensed premises and the
license is surrendered or not renewed in connection with
the sale or transfer of the property or business, the
licensee continued to operate the licensed premises as a
qualifying event venue, as defined in s. 125.24 (5) (a),
from the time of license issuance until the time the license
is surrendered or not renewed, the license is reissued for
the same location, and the applicant for reissuance of the
license satisfies the requirements under this chapter to − 32 −2023 Wisconsin Act 2023 Senate Bill 268
hold the license and certifies to the municipality that the
applicant will continue to operate the licensed premises
as a qualifying event venue, as defined in s. 125.24 (5)
(a).
SECTION 26fd. 125.51 (5) (a) 1. of the statutes is
amended to read:
125.51 (5) (a) 1. The department division shall issue
“Class B” permits to clubs that are operated solely for the
playing of golf or tennis and are commonly known as
country clubs and to clubs which are operated solely for
curling, ski jumping, or yachting. A “Class B” permit
may be issued only to a club that holds a valid certificate
issued under s. 73.03 (50), that is not open to the general
public, and that is located in a municipality that does not
issue “Class B” licenses or to a club located in a munici-
pality that issues “Class B” licenses, if the club holds a
valid certificate issued under s. 73.03 (50), is not open to
the general public, was not issued a license under s.
176.05 (4a), 1979 stats., and does not currently hold a
“Class B” license. The permits may be issued by the
department division without regard to any quota under
sub. (4). The holder of a “Class B” permit may sell intoxi-
cating liquor for consumption by the glass and not in the
original package or container on the premises covered by
the permit.
SECTION 26fe. 125.51 (5) (a) 4. of the statutes is
amended to read:
125.51 (5) (a) 4. The department division may annu-
ally issue a “Class B” permit to any club that holds a valid
certificate issued under s. 73.03 (50), is organized to
engage in sports similar to curling, golf, tennis or yacht-
ing and that held a license from July 1, 1950, to June 30,
1951, as long as it is continuously operated under sub-
stantially the same circumstances under which it oper-
ated during the year beginning July 1, 1950, if the club is
located in a municipality that does not issue “Class B”
licenses.
SECTION 26ff. 125.51 (5) (b) 2. of the statutes is
amended to read:
125.51 (5) (b) 2. The department division shall issue
a “Class B” permit to a concessionaire that holds a valid
certificate issued under s. 73.03 (50) and that conducts
business in an operating airport or public facility, if the
county or municipality which owns the airport or public
facility has, by resolution of its governing body, annually
applied to the department division for the permit. The
permit authorizes the sale of intoxicating liquor for con-
sumption by the glass and not in the original package or
container on the premises.
SECTION 26fg. 125.51 (5) (b) 4. of the statutes is
amended to read:
125.51 (5) (b) 4. The department division may not
issue a permit under this paragraph to any county or
municipality or officer or employee thereof.
SECTION 26fh. 125.51 (5) (c) 1. of the statutes is
amended to read:
125.51 (5) (c) 1. The department division may issue
a “Class B” permit to any person who holds a valid cer-
tificate issued under s. 73.03 (50) and who is qualified
under s. 125.04 (5) authorizing the sale of intoxicating
liquor for consumption on any vessel having a regular
place of mooring located in any waters of this state as
defined under s. 29.001 (45) and (63) if the vessel either
serves food and has an approved passenger capacity of
not less than 40 individuals and the sale of intoxicating
liquor and fermented malt beverages on the vessel
accounts for less than 50 percent of the gross receipts of
all of the food and beverages served on the vessel or if the
vessel has an approved passenger capacity of at least 100
individuals and the sale of intoxicating liquor and fer-
mented malt beverages on the vessel accounts for less
than 50 percent of the gross receipts of the vessel. The
department division may issue the permit only if the ves-
sel leaves its place of mooring while the sale of intoxicat-
ing liquor is taking place and if the vessel fulfills the
requirement under par. (c) 1m. A permit issued under this
subdivision also authorizes the permittee to store intoxi-
cating liquor purchased for sale on the vessel on premises
owned or leased by the permittee and located near the
vessel’s regular place of mooring. The permittee shall
describe on the permit application under s. 125.04 (3) (a)
3. the premises where the intoxicating liquor will be
stored. The premises shall be open to inspection by the
department division upon request.
SECTION 26fi. 125.51 (5) (d) 2. of the statutes is
amended to read:
125.51 (5) (d) 2. Upon application, the department
division shall issue a “Class B” permit to a tribe that holds
a valid certificate issued under s. 73.03 (50) and that is
qualified under s. 125.04 (5) and (6). The permit autho-
rizes the retail sale of intoxicating liquor for consumption
on the premises where sold by the glass and not in the
original package or container. The permit also authorizes
the sale of intoxicating liquor in the original package or
container, in multiples not to exceed 4 liters at any one
time, to be consumed off the premises where sold, except
that wine is not subject to the 4−liter limitation.
SECTION 26fj. 125.51 (5) (f) 2. and 5. of the statutes
are amended to read:
125.51 (5) (f) 2. The department division may issue
“Class B” permits for locations within racetrack grounds
to any person that holds a valid certificate issued under
s. 73.03 (50), that is qualified under s. 125.04 (5) and (6),
and that is the owner or operator of the racetrack grounds
or is designated by the owner or operator of the racetrack
grounds to operate premises located within the racetrack
grounds. Subject to subd. 4., the permit authorizes the
retail sale of intoxicating liquor, by the glass and not in
the original package or container, on the premises
covered by the permit, for consumption anywhere within
the racetrack grounds. If the department division issues
more than one permit under this paragraph for the same − 33 − 2023 Wisconsin Act 2023 Senate Bill 268
racetrack grounds, no part of the premises covered by a
permit under this paragraph may overlap with premises
covered by any other permit issued under this paragraph.
5. The department division shall establish a fee for a
permit issued under this paragraph in the amount of 50
percent of the fee for a permit issued under par. (a).
SECTION 26fk. 125.52 (1) (a) of the statutes is
amended to read:
125.52 (1) (a) The department division shall issue
manufacturers’ and rectifiers’ permits which authorize
the manufacture or rectification, respectively, of intoxi-
cating liquor on the premises covered by the permit. A
person holding a manufacturer’s or rectifier’s permit may
manufacture and bottle wine, pursuant to the terms of the
permit, without procuring a winery permit.
SECTION 26fm. 125.52 (1) (b) 1. of the statutes is
renumbered 125.52 (1) (b) (intro.) and amended to read:
125.52 (1) (b) (intro.) A manufacturer’s or rectifier’s
permit entitles authorizes the permittee to engage in any
of the following activities:
1. To sell intoxicating liquor in original unopened
packages or containers to wholesalers holding a permit
under s. 125.54,.
2. To sell or transfer, in bulk or in any state of packag-
ing, intoxicating liquor to wineries holding a permit
under s. 125.53, and to other manufacturers and rectifiers
holding a permit under this section, from the premises
described in the permit. Except as provided in subd. 2.,
no sales may be made for consumption on the premises
of the permittee.
SECTION 26fn. 125.52 (1) (b) 2. of the statutes is
renumbered 125.52 (1) (b) 6. and amended to read:
125.52 (1) (b) 6. Notwithstanding s. 125.09 (1), a
manufacturer’s or rectifier’s permit authorizes the retail
sale of intoxicating liquor that is manufactured or recti-
fied on the premises, for consumption on or off the
premises. A manufacturer’s or rectifier’s permit also
authorizes the provision of To provide taste samples, free
of charge and in an amount not exceeding a total of 1.5
fluid ounces to any one person, of intoxicating liquor that
is manufactured or rectified on the premises, for con-
sumption on the premises. The department may pre-
scribe additional regulations for the sale of intoxicating
liquor under this subdivision, if the additional regulations
do not conflict with the requirements applicable to hold-
ers of “Class B” licenses. Notwithstanding any other pro-
vision of this chapter, the authorization under this subdi-
vision applies with respect to a person who holds any
permit under this section, a winery permit under s.
125.53, and either a “Class A” license or a “Class B”
license issued under s. 125.51 (3) (am), all issued for the
same premises or portions of the same premises, on the
manufacturer’s or rectifier’s premises or at the manufac-
turer’s or rectifier’s full−service retail outlet if the taste
samples are of alcohol beverages the manufacturer or
rectifier is authorized to sell under sub. (4) (c), or as
authorized under s. 125.69 (9).
SECTION 26fo. 125.52 (1) (b) 3., 4. and 5. of the
statutes are created to read:
125.52 (1) (b) 3. To transfer intoxicating liquor to, or
receive intoxicating liquor from, another manufacturer
or rectifier holding a permit under this section or a winery
holding a permit under s. 125.53, in bulk or in any state
of packaging, for purposes of further manufacturing, bot-
tling, or storage.
4. To sell, ship, transport, and deliver intoxicating
liquor, in bulk or in any state of packaging, that has been
manufactured by the manufacturer or rectifier to another
manufacture or rectifier holding a permit under this sec-
tion.
5. To transport intoxicating liquor between the pro-
duction premises and any depot, warehouse, or full−ser-
vice retail outlet maintained by the manufacturer or recti-
fier or other premises for which the manufacturer or
rectifier holds a permit under this chapter.
SECTION 26fp. 125.52 (2) of the statutes is amended
to read:
125.52 (2) LIMITED MANUFACTURER’S PERMIT. The
department division shall issue a limited manufacturer’s
permit which authorizes the use or sale of the intoxicating
liquor produced only if it is rendered unfit for use as a
beverage and is used or sold for use as fuel. The depart-
ment division shall notify the department of natural
resources of the name and address of any person to whom
a limited manufacturer’s permit is issued.
SECTION 26fq. 125.52 (4) and (5) of the statutes are
created to read:
125.52 (4) RETAIL SALES; FULL−SERVICE RETAIL OUT-
LETS. (a) 1. Notwithstanding ss. 125.04 (9) and 125.09
(1), a manufacturer or rectifier may make retail sales, on
the manufacturing or rectifying premises, of intoxicating
liquor that has been manufactured or rectified by the
manufacturer or rectifier on the manufacturing or rectify-
ing premises or on other premises of the manufacturer or
rectifier, for on−premises or off−premises consumption.
2. Notwithstanding ss. 125.04 (9) and 125.09 (1), if
a manufacturer or rectifier produced, on all manufactur-
ing or rectifying premises operated by the manufacturer
or rectifier in this state, a cumulative total of at least 1,500
liters of intoxicating liquor in any one of the 3 preceding
calendar years, the manufacturer or rectifier may engage
in full−service retail sales on the manufacturing or recti-
fying premises.
(b) Notwithstanding ss. 125.04 (9) and 125.09 (1),
and subject to pars. (d) and (g), if a manufacturer or recti-
fier produced, on all manufacturing or rectifying
premises operated by the manufacturer or rectifier in this
state, a cumulative total of at least 1,500 liters of intoxi-
cating liquor in any one of the 3 preceding calendar years,
the manufacturer or rectifier may engage in full−service − 34 −2023 Wisconsin Act 2023 Senate Bill 268
retail sales at off−site locations identified in the manufac-
turer’s or rectifier’s permit. Subject to pars. (f) and (g),
the number of retail sales locations a manufacturer or rec-
tifier is allowed in addition to the manufacturing or recti-
fying premises is determined by the cumulative volume
of intoxicating liquor the manufacturer or rectifier pro-
duced on all manufacturing or rectifying premises oper-
ated by the manufacturer or rectifier in this state in any
one of the 3 preceding calendar years, as follows:
1. If the manufacturer’s or rectifier’s cumulative vol-
ume in a year was at least 1,500 liters of intoxicating
liquor but less than 5,000 liters of intoxicating liquor, the
manufacturer or rectifier may establish one full−service
retail outlet.
2. If the manufacturer’s or rectifier’s cumulative vol-
ume in a year was at least 5,000 liters of intoxicating
liquor but less than 35,000 liters of intoxicating liquor,
the manufacturer or rectifier may establish not more than
2 full−service retail outlets.
3. If the manufacturer’s or rectifier’s cumulative vol-
ume in a year was at least 35,000 liters of intoxicating
liquor, the manufacturer or rectifier may establish not
more than 3 full−service retail outlets.
(c) 1. Except as provided in subd. 2. and par. (f), a
manufacturer or rectifier may make full−service retail
sales of alcohol beverages on the manufacturing or recti-
fying premises and at any of its full−service retail outlets
only if the alcohol beverages were purchased by the man-
ufacturer or rectifier from a wholesaler holding a permit
under s. 125.28 or 125.54, from a brewer authorized to
make sales to retailers under s. 125.29 (3m), from a brew-
pub authorized to make sales to retailers under s. 125.295
(1) (g), or from a permittee under s. 125.30 authorized to
make sales to retailers under s. 125.30 (4).
2. A manufacturer or rectifier is not required to pur-
chase from another permittee intoxicating liquor pro-
duced by the manufacturer or rectifier that the manufac-
turer or rectifier sells at retail on the manufacturing or
rectifying premises or at a full−service retail outlet of the
manufacturer or rectifier.
3. Subject to subd. 2. and par. (f), a manufacturer or
rectifier engaged in full−service retail sales on manufac-
turing or rectifying premises or at a full−service retail
outlet of the manufacturer or rectifier is subject to ss.
125.33 (9) and 125.69 (6) to the same extent as if the man-
ufacturer or rectifier were a retail licensee.
(d) 1. A manufacturer or rectifier may not commence
sales of alcohol beverages at a full−service retail outlet
unless, prior to commencing such sales, the manufacturer
or rectifier receives approval from the municipality in
which the full−service retail outlet is located and from the
division as provided in par. (g).
2. Subject to par. (f), a municipality may limit the
scope of alcohol beverages offered for sale at a full−ser-
vice retail outlet only with respect to alcohol beverages
that are not of the same type as those produced by the per-
son holding the manufacturer’s or rectifier’s permit. A
municipality may not limit the sale, at a full−service retail
outlet, of alcohol beverages produced by the person hold-
ing the manufacturer’s or rectifier’s permit. If a munici-
pality limits the scope of alcohol beverages offered for
sale, the provision of taste samples is limited to those
alcohol beverages authorized to be sold.
3. Except as provided in subd. 2., a municipality’s
approval under subd. 1. shall be based on the same stan-
dards and criteria that the municipality has established by
ordinance for the evaluation and approval of retail license
applications. A municipality may not impose any
requirement or restriction in connection with the
approval under subd. 1. that the municipality does not
impose on retail licensees.
(e) 1. A manufacturer or rectifier may operate a
restaurant at any full−service retail outlet under this sub-
section and on the manufacturing or rectifying premises.
2. If the manufacturer or rectifier operates a restau-
rant as provided in subd. 1. and is authorized under this
subsection to make retail sales of wine at the restaurant,
the manufacturer or rectifier may make retail sales of
wine in an opened original bottle, in a quantity not to
exceed one bottle, for consumption both at the restaurant
and away from the restaurant if all of the following apply:
a. The purchaser of the wine orders food to be con-
sumed at the restaurant.
b. The manufacturer or rectifier provides a dated
receipt that identifies the purchase of the food and the
bottle of wine.
c. Prior to the opened, partially consumed bottle of
wine being taken away from the restaurant, the manufac-
turer or rectifier securely reinserts the cork into the bottle
to the point where the top of the cork is even with the top
of the bottle, or securely reattaches the original cap to the
bottle, and the cork is reinserted or the cap is reattached
at a time other than during the hours in which the manu-
facturer or rectifier is prohibited under sub. (5) (b) from
making retail sales for off−premises consumption.
(f) 1. If a manufacturer or rectifier may establish one
or more full−service retail outlets under pars. (b) and (g)
and the manufacturer or rectifier also holds a brewer’s
permit or winery permit or both and, as such, may estab-
lish full−service retail outlets under s. 125.29 (7) (b) and
(g) or 125.53 (3) (b) and (g), the aggregate number of
full−service retail outlets that may be established is the
maximum number authorized under par. (b), under s.
125.29 (7) (b), or under s. 125.53 (3) (b), whichever is
greatest, but not exceeding 3 full−service retail outlets.
Under these circumstances, each authorized full−service
retail outlet shall serve as the full−service retail outlet
associated with each applicable permit, regardless of
whether the permittee would otherwise be entitled to
fewer full−service retail outlets when calculated under
par. (b) or s. 125.29 (7) (b) or 125.53 (3) (b). − 35 − 2023 Wisconsin Act 2023 Senate Bill 268
2. If a manufacturer or rectifier may engage in full−
service retail sales on the manufacturing or rectifying
premises as provided in par. (a) 2. and the manufacturer
or rectifier also holds a brewer’s permit or winery permit
or both, the manufacturer or rectifier may make retail
sales on the manufacturing or rectifying premises of fer-
mented malt beverages produced under its brewer’s per-
mit or wine produced under its winery permit without
first purchasing the fermented malt beverages or wine
from a wholesaler holding a permit under s. 125.28 or
125.54 or receiving the fermented malt beverages under
authorization of s. 125.29 (3m) (b), 125.295 (1) (g), or
125.30 (4).
3. If a person holds more than one manufacturer’s
permit or rectifier’s permit under this section, or more
than one combination permit authorized under s. 125.55
(1), the retail sales authority under this subsection for
manufacturing or rectifying premises applies with
respect to each permit, but the limit on full−service retail
outlets is an aggregate maximum, regardless of the num-
ber of permits held.
(g) 1. An application for a manufacturer’s or recti-
fier’s permit, including an application for an amendment
to the manufacturer’s or rectifier’s permit, shall specify
each full−service retail outlet of the manufacturer or rec-
tifier and particularly describe the premises of the full−
service retail outlet.
2. The division shall establish a process for approval
of a manufacturer’s or rectifier’s full−service retail outlet
and for revocation of this approval. The division shall
approve a manufacturer’s or rectifier’s full−service retail
outlet, and may not revoke this approval, unless the man-
ufacturer or rectifier has violated a provision of this chap-
ter related to full−service retail outlets. The division’s
failure to approve, or revocation of approval of, a full−
service retail outlet described in a manufacturer’s or rec-
tifier’s application or permit does not affect any other
full−service retail outlet or the manufacturing or rectify-
ing premises as described in the application or permit.
3. If the division approves a full−service retail outlet,
the manufacturer’s or rectifier’s permit, as initially
issued or as amended, shall particularly describe the
premises constituting the full−service retail outlet, which
shall be considered part of the premises under the manu-
facturer’s or rectifier’s permit.
4. If the division approves a full−service retail outlet,
the agent appointed under s. 125.04 (6) for the manufac-
turer’s or rectifier’s permit shall also serve as the agent
for the full−service retail outlet.
5. Section 125.04 (12) (a) does not apply to a manu-
facturer’s or rectifier’s full−service retail outlet. Upon
notice to the division, a manufacturer or rectifier may
relocate any full−service retail outlet to a new location
within this state once per calendar year, except that one
full−service retail outlet of a manufacturer or rectifier
may be relocated without limitation on frequency in each
calendar year.
(5) CLOSING HOURS. (a) On a manufacturer’s or recti-
fier’s premises, no person may sell alcohol beverages at
retail for on−premises consumption, provide taste sam-
ples of alcohol beverages, or consume alcohol beverages
during the closing hours applicable to a Class “B”
licensee under s. 125.32 (3) (a). A full−service retail out-
let under sub. (4) shall be subject to the same closing
hours applicable to a Class “B” licensee under s. 125.32
(3) (a).
(b) On a manufacturer’s or rectifier’s premises and
at a full−service retail outlet, no person may sell alcohol
beverages at retail for off−premises consumption during
the hours in which a Class “B” licensee in the municipal-
ity where the manufacturing or rectifying premises or
retail outlet is located may not make retail sales under s.
125.32 (3) (am) and (d).
(c) No member of the public or invited guests may be
present on a manufacturer’s or rectifier’s premises during
the closing hours applicable to a Class “B” licensee under
s. 125.32 (3) (a).
(d) Activities authorized under a manufacturer’s or
rectifier’s permit related to the production, shipment,
transportation, or delivery of alcohol beverages may
occur at any time.
SECTION 26fr. 125.52 (7) of the statutes is repealed.
SECTION 26fs. 125.53 (1) of the statutes is renum-
bered 125.53 (1) (a) (intro.) and amended to read:
125.53 (1) (a) (intro.) The department division shall
issue only to a manufacturing winery in this state that
holds a valid certificate issued under s. 73.03 (50) a win-
ery permit authorizing the permittee to engage in the fol-
lowing activities:
1. The manufacture and bottling of wine on the
premises covered by the permit for sale, in original
unopened packages or containers, to wholesalers holding
a permit under s. 125.54. A winery permit also autho-
rizes the permittee to, on
2. On the winery premises and without obtaining a
rectifier’s permit, possess possessing intoxicating liquor
and mix or blend mixing or blending intoxicating liquor
to produce wine sold to wholesalers holding a permit
under s. 125.54. A winery holding a permit under this
section may offer on the premises, manufacturers or rec-
tifiers holding a permit under s. 125.52, and wineries
holding a permit under this section.
7. The provision of free taste samples of wine manu-
factured on the premises to persons who have attained the
legal drinking age. A permittee under this section may
also have either one “Class A” license or one “Class B”
license, but not both. The “Class A” license or “Class B”
license may either be issued for the winery premises or
for real estate owned or leased by the winery. If a “Class
A” or “Class B” liquor license has also been issued to the − 36 −2023 Wisconsin Act 2023 Senate Bill 268
winery, the winery may provide wine manufactured,
mixed, or blended on the winery premises directly to the
“Class A” or “Class B” premises and may offer the taste
samples on the “Class A” or “Class B” premises on the
winery premises or at the winery’s full−service retail out-
let if the taste samples are of alcohol beverages the win-
ery is authorized to sell under sub. (3) (c), or as authorized
under s. 125.69 (9).
(b) A winery holding a permit under this section may
also make retail sales of wine, and provide taste samples
of wine, on county or district fair fairgrounds as provided
in s. 125.51 (10), but this wine sold at retail or provided
as taste samples shall be purchased from a wholesaler
holding a permit under s. 125.54.
SECTION 26ft. 125.53 (1) (a) 3., 4., 5. and 6. of the
statutes are created to read:
125.53 (1) (a) 3. The sale or transfer, in bulk or in any
state of packaging, of wine to wineries holding a permit
under this section and to manufacturers and rectifiers
holding a permit under s. 125.52, from the winery
premises.
4. The sale, shipment, transportation, and delivery of
wine, in bulk or in any state of packaging, that has been
manufactured by the winery to another winery holding a
permit under this section or a manufacturer or rectifier
holding a permit under s. 125.52.
5. The receipt of intoxicating liquor from another
winery holding a permit under this section or a manufac-
turer or rectifier holding a permit under s. 125.52, in bulk
or in any state of packaging, for purposes of further man-
ufacturing, bottling, or storage.
6. The transportation of wine between the winery
premises and any depot, warehouse, or full−service retail
outlet maintained by the winery or other premises for
which the winery holds a permit under this chapter.
SECTION 26fu. 125.53 (3) and (4) of the statutes are
created to read:
125.53 (3) (a) 1. Notwithstanding ss. 125.04 (9) and
125.09 (1), and subject to subd. 3., a winery may make
retail sales, on the winery premises, of wine that has been
manufactured or bottled by the winery on the winery
premises or on other premises of the winery, for on−
premises or off−premises consumption.
2. Notwithstanding ss. 125.04 (9) and 125.09 (1), and
subject to subd. 3., if a winery manufactured or bottled,
on all winery premises operated by the winery in this
state, a cumulative total of at least 1,000 gallons of wine
in any one of the 3 preceding calendar years, the winery
may engage in full−service retail sales on the winery
premises.
3. If a winery held a “Class B” license immediately
preceding the effective date of this subdivision .... [LRB
inserts date], for a location other than the winery
premises, that location shall be considered the winery
premises for purposes of the retail sales authorization
under subds. 1. and 2. and that location shall be in addi-
tion to any retail sales locations authorized under par. (b).
(b) Notwithstanding ss. 125.04 (9) and 125.09 (1),
and subject to pars. (d) and (g), if a winery manufactured
or bottled, on all winery premises operated by the winery
in this state, a cumulative total of at least 1,000 gallons of
wine in any one of the 3 preceding calendar years, the
winery may engage in full−service retail sales at off−site
locations identified in the winery permit. Subject to pars.
(f) and (g), the number of retail sales locations a winery
is allowed in addition to the winery premises is deter-
mined by the cumulative volume of wine the winery
manufactured or bottled on all winery premises operated
by the winery in this state in any one of the 3 preceding
calendar years, as follows:
1. If the winery’s cumulative volume in a year was at
least 1,000 gallons of wine but less than 5,000 gallons of
wine, the winery may establish one full−service retail
outlet.
2. If the winery’s cumulative volume in a year was at
least 5,000 gallons of wine but less than 25,000 gallons
of wine, the winery may establish not more than 2 full−
service retail outlets.
3. If the winery’s cumulative volume in a year was at
least 25,000 gallons of wine, the winery may establish
not more than 3 full−service retail outlets.
(c) 1. Except as provided in subd. 2. and par. (f), a
winery may make full−service retail sales of alcohol bev-
erages on the winery premises and at any of its full−ser-
vice retail outlets only if the alcohol beverages were pur-
chased by the winery from a wholesaler holding a permit
under s. 125.28 or 125.54, from a brewer authorized to
make sales to retailers under s. 125.29 (3m), from a brew-
pub authorized to make sales to retailers under s. 125.295
(1) (g), or from a permittee under s. 125.30 authorized to
make sales to retailers under s. 125.30 (4).
2. A winery is not required to purchase from another
permittee wine manufactured or bottled by the winery
that the winery sells at retail on the winery premises or at
a full−service retail outlet of the winery.
3. Subject to subd. 2. and par. (f), a winery engaged
in full−service retail sales on winery premises or at a full−
service retail outlet of the winery is subject to ss. 125.33
(9) and 125.69 (6) to the same extent as if the winery were
a retail licensee.
(d) 1. A winery may not commence sales of alcohol
beverages at a full−service retail outlet unless, prior to
commencing such sales, the winery receives approval
from the municipality in which the full−service retail out-
let is located and from the division as provided in par. (g).
2. Subject to par. (f), a municipality may limit the
scope of alcohol beverages offered for sale at a full−ser-
vice retail outlet only with respect to alcohol beverages
that are not of the same type as those produced by the per-
son holding the winery permit. A municipality may not − 37 − 2023 Wisconsin Act 2023 Senate Bill 268
limit the sale, at a full−service retail outlet, of alcohol
beverages produced by the person holding the winery
permit. If a municipality limits the scope of alcohol bev-
erages offered for sale, the provision of taste samples is
limited to those alcohol beverages authorized to be sold.
3. Except as provided in subd. 2., a municipality’s
approval under subd. 1. shall be based on the same stan-
dards and criteria that the municipality has established by
ordinance for the evaluation and approval of retail license
applications. A municipality may not impose any
requirement or restriction in connection with the
approval under subd. 1. that the municipality does not
impose on retail licensees.
(e) 1. A winery may operate a restaurant at any full−
service retail outlet under this subsection and on the win-
ery premises.
2. If the winery operates a restaurant as provided in
subd. 1., the winery may make retail sales of wine in an
opened original bottle, in a quantity not to exceed one
bottle, for consumption both at the restaurant and away
from the restaurant if all of the following apply:
a. The purchaser of the wine orders food to be con-
sumed at the restaurant.
b. The winery provides a dated receipt that identifies
the purchase of the food and the bottle of wine.
c. Prior to the opened, partially consumed bottle of
wine being taken away from the restaurant, the winery
securely reinserts the cork into the bottle to the point
where the top of the cork is even with the top of the bottle,
or securely reattaches the original cap to the bottle, and
the cork is reinserted or the cap is reattached at a time
other than during the hours in which the winery is prohib-
ited under sub. (4) (b) from making retail sales for off−
premises consumption.
(f) 1. If a winery may establish one or more full−ser-
vice retail outlets under pars. (b) and (g) and the winery
also holds a manufacturer’s or rectifier’s permit or brew-
er’s permit or both and, as such, may establish full−ser-
vice retail outlets under s. 125.29 (7) (b) and (g) or 125.52
(4) (b) and (g), the aggregate number of full−service retail
outlets that may be established is the maximum number
authorized under par. (b), under s. 125.29 (7) (b), or under
s. 125.52 (4) (b), whichever is greatest, but not exceeding
3 full−service retail outlets. Under these circumstances,
each authorized full−service retail outlet shall serve as
the full−service retail outlet associated with each applica-
ble permit, regardless of whether the permittee would
otherwise be entitled to fewer full−service retail outlets
when calculated under par. (b) or s. 125.29 (7) (b) or
125.52 (4) (b).
2. If a winery may engage in full−service retail sales
on the winery premises as provided in par. (a) 2. and the
winery also holds a brewer’s permit or manufacturer’s or
rectifier’s permit or both, the winery may make retail
sales on the winery premises of fermented malt bever-
ages produced under its brewer’s permit or intoxicating
liquor produced under its manufacturer’s or rectifier’s
permit without first purchasing the fermented malt bev-
erages or intoxicating liquor from a wholesaler holding
a permit under s. 125.28 or 125.54 or receiving the fer-
mented malt beverages under authorization of s. 125.29
(3m) (b), 125.295 (1) (g), or 125.30 (4).
3. If a person holds more than one winery permit
under this section, the retail sales authority under this
subsection for winery premises applies with respect to
each winery permit, but the limit on full−service retail
outlets is an aggregate maximum, regardless of the num-
ber of winery permits held.
(g) 1. An application for a winery permit, including
an application for an amendment to the winery permit,
shall specify each full−service retail outlet of the winery
and particularly describe the premises of the full−service
retail outlet.
2. The division shall establish a process for approval
of a winery’s full−service retail outlet and for revocation
of this approval. The division shall approve a winery’s
full−service retail outlet, and may not revoke this
approval, unless the winery has violated a provision of
this chapter related to full−service retail outlets. The
division’s failure to approve, or revocation of approval
of, a full−service retail outlet described in a winery’s
application or permit does not affect any other full−ser-
vice retail outlet or the winery premises as described in
the application or permit.
3. If the division approves a full−service retail outlet,
the winery permit, as initially issued or as amended, shall
particularly describe the premises constituting the full−
service retail outlet, which shall be considered part of the
premises under the winery permit.
4. If the division approves a full−service retail outlet,
the agent appointed under s. 125.04 (6) for the winery
permit shall also serve as the agent for the full−service
retail outlet.
5. Section 125.04 (12) (a) does not apply to a win-
ery’s full−service retail outlet. Upon notice to the divi-
sion, a winery may relocate any full−service retail outlet
to a new location within this state once per calendar year,
except that one full−service retail outlet of a winery may
be relocated without limitation on frequency in each cal-
endar year.
(4) (a) On winery premises, no person may sell alco-
hol beverages at retail for on−premises consumption,
provide taste samples of alcohol beverages, or consume
alcohol beverages during the closing hours applicable to
a Class “B” licensee under s. 125.32 (3) (a). A full−ser-
vice retail outlet under sub. (3) shall be subject to the
same closing hours applicable to a Class “B” licensee
under s. 125.32 (3) (a).
(b) On winery premises and at a full−service retail
outlet, no person may sell alcohol beverages at retail for
off−premises consumption during the hours in which a
Class “B” licensee in the municipality where the winery − 38 −2023 Wisconsin Act 2023 Senate Bill 268
or retail outlet is located may not make retail sales under
s. 125.32 (3) (am) and (d).
(c) No member of the public or invited guests may be
present on winery premises during the closing hours
applicable to a Class “B” licensee under s. 125.32 (3) (a).
(d) Activities authorized under a winery permit
related to the production, shipment, transportation, or
delivery of alcohol beverages may occur at any time.
SECTION 26fv. 125.535 (1) of the statutes is amended
to read:
125.535 (1) AUTHORIZED ACTIVITIES. The department
division shall issue direct wine shippers’ permits autho-
rizing the permittee to ship wine manufactured or bottled
by the permittee directly to an individual in this state who
is of the legal drinking age, who acknowledges receipt of
the wine shipped, and who is not intoxicated at the time
of delivery.
SECTION 26fw. 125.535 (2) of the statutes is amended
to read:
125.535 (2) ANNUAL PERMIT FEE. The department
division may, by rule, establish an annual fee, not to
exceed $100, for each permit issued under this section.
All fees collected under this subsection shall be credited
to the appropriation account under s. 20.566 (1) (ha).
SECTION 26fx. 125.535 (3) (b) 2. of the statutes is
amended to read:
125.535 (3) (b) 2. The winery submits to the depart-
ment division, with any initial application or renewal for
a certificate under s. 73.03 (50) or a permit under par. (a)
3. or 4., a copy of any current license, permit, or authori-
zation issued to the winery by the state from which the
winery will ship wine into this state or the winery’s fed-
eral basic permit.
SECTION 26fy. 125.535 (3) (b) 3. of the statutes is cre-
ated to read:
125.535 (3) (b) 3. The winery satisfies all require-
ments under par. (d).
SECTION 26fz. 125.535 (3) (c) of the statutes is
amended to read:
125.535 (3) (c) Notwithstanding s. 125.04 (5) (a),
natural persons obtaining direct wine shippers’ permits
are not required to be residents of this state. Notwith-
standing s. 125.04 (5) (a) 5., a person is not required to
complete a responsible beverage server training course to
be eligible for a permit under this section. Corporations
and limited liability companies obtaining direct wine
shippers’ permits are subject to s. 125.04 (6) and any
other person, including any natural person or coopera-
tive, obtaining a direct wine shipper’s permit shall
appoint an agent, and be subject to all provisions of s.
125.04 (6), in the same manner applicable to corporations
and limited liability companies. Notwithstanding s.
125.04 (5) (a) 2. and (c), an agent appointed under s.
125.04 (6) by a corporation or limited liability company
obtaining a direct wine shipper’s permit is not required to
be a resident of this state.
SECTION 26gb. 125.535 (3) (d) and (e) of the statutes
are created to read:
125.535 (3) (d) 1. Unless the permittee or agent of the
permittee appointed under s. 125.04 (6) is a resident of
this state, or unless the permittee maintains a registered
agent in this state under s. 180.0501, 180.1507,
183.0105, or 183.1007, a permittee under this section
shall appoint and continually engage the services of an
agent in this state to act as agent for the service of process
on whom all processes, and any action or proceeding
against the permittee concerning or arising out of the
enforcement of any provision of this chapter or ch. 139,
may be served in any manner authorized by law. That ser-
vice shall constitute legal and valid service of process on
the permittee. The permittee shall provide to the divi-
sion, in the form and manner prescribed by the division,
the name, address, phone number, and proof of the
appointment and availability of the agent.
2. The permittee shall provide notice to the division
30 calendar days before termination of the authority of an
agent under subd. 1. and shall provide proof to the satis-
faction of the division of the appointment of a new agent
no less than 5 calendar days before the termination of an
existing agent appointment. In the event an agent termi-
nates an agency appointment, the permittee shall notify
the division of that termination within 5 calendar days
and shall include proof to the satisfaction of the division
of the appointment of a new agent.
3. If a permittee fails to maintain an agent in this state
after a permit is issued under this section, the permittee
is considered to have appointed the department of finan-
cial institutions as the permittee’s agent, and the permit-
tee may be proceeded against in courts of this state by ser-
vice of process upon the department of financial
institutions.
(e) The application for a permit under this section
shall include a provision that the permittee agrees to do
all of the following:
1. File reports, provide records, and allow inspec-
tions and examinations to the extent provided in s.
125.025 and ch. 139.
2. Pay the expenses reasonably attributable to inspec-
tions and examinations made by the division at any
premises of the permittee located outside this state.
3. Accept service of process and consent to jurisdic-
tion in any proceeding in this state to enforce the provi-
sions of this chapter or ch. 139.
SECTION 26gc. 125.535 (7) of the statutes is created
to read:
125.535 (7) SHIPMENTS THROUGH FULFILLMENT
HOUSE; COMMON CARRIERS. (a) A permittee under this
section may arrange with a fulfillment house to ship wine − 39 − 2023 Wisconsin Act 2023 Senate Bill 268
on the permittee’s behalf only if the fulfillment house
holds a permit under s. 125.23.
(b) All containers of wine shipped directly to an indi-
vidual in this state shall be shipped using a common car-
rier holding a permit issued under s. 125.22.
SECTION 26gd. 125.54 (1) of the statutes is amended
to read:
125.54 (1) AUTHORIZED ACTIVITIES. The department
division shall issue wholesalers’ permits authorizing the
permittee to sell, from the premises described in the per-
mit, intoxicating liquor at wholesale to retailers and
wholesalers, as well as to manufacturers, rectifiers, and
wineries for production purposes. The permittee may not
sell intoxicating liquor for consumption on the premises.
Possession of a permit under this section does not autho-
rize the permittee to sell tax−free intoxicating liquor and
wine brought into this state under s. 139.03 (5).
SECTION 26ge. 125.54 (3) of the statutes is amended
to read:
125.54 (3) TASTE SAMPLES ON “CLASS A” RETAIL
PREMISES. Wholesalers holding a permit issued under this
section, employees of such wholesalers, and individuals
representing such wholesalers may not assist or partici-
pate in providing taste samples under s. 125.06 (13) (a)
or 125.51 (2) (am) or 125.69 (9).
SECTION 26gf. 125.54 (5) of the statutes is amended
to read:
125.54 (5) SALES AREA. No wholesaler may sell any
intoxicating liquor before filing with the department
division a written statement that the permittee is a distrib-
utor of a particular brand in this state, or an area of this
state, and that the sales of that brand by the permittee and
anyone purchasing from the permittee will be limited to
the area specified. The permittee shall notify the depart-
ment division of any change in the area within 7 days of
the effective date of the change.
SECTION 26gg. 125.54 (6) of the statutes is amended
to read:
125.54 (6) MULTIPLE PERMITS. Not more than 2 Mul-
tiple wholesalers’ permits may be issued to any one per-
son. In each application for a wholesaler’s permit, the
applicant shall state that whether application has not been
made for more than one any other wholesaler’s permit
and shall identify any other wholesaler’s permit held by
the applicant.
SECTION 26gh. 125.54 (7) (a) 2. of the statutes is
amended to read:
125.54 (7) (a) 2. A permittee under this section shall
annually sell and deliver intoxicating liquor to at least 10
retail licensees or permittees that do not have any direct
or indirect an interest in each other or in the permittee
under this section. The department division shall not
issue a permit under this section unless the applicant rep-
resents to the department division an intention to satisfy
this requirement, and shall not renew a permit issued
under this section unless the permittee demonstrates that
this requirement has been satisfied.
SECTION 26gi. 125.54 (7) (c) 3. of the statutes is
amended to read:
125.54 (7) (c) 3. This paragraph shall not affect the
authority of any municipality or the department division
to revoke, suspend, or refuse to renew or issue a license
or permit under s. 125.12.
SECTION 26gj. 125.54 (7) (d) of the statutes is
amended to read:
125.54 (7) (d) The department division shall promul-
gate rules to administer and enforce the requirements
under this subsection. The rules shall ensure coordina-
tion between the department’s division’s issuance and
renewal of permits under this section and its enforcement
of the requirements of this subsection, and shall require
that all applications for issuance or renewal of permits
under this section be processed by department division
personnel generally familiar with activities of intoxicat-
ing liquor wholesalers. The department division shall
establish by rule minimum requirements for warehouse
facilities on premises described in permits issued under
this section and for periodic site inspections by the
department division of such warehouse facilities.
SECTION 26gk. 125.545 (title) of the statutes is
amended to read:
125.545 (title) Small winery cooperative whole-
salers.
SECTION 26gm. 125.545 (1) (a) of the statutes is
amended to read:
125.545 (1) (a) “Member” means a small winery or
small manufacturer that meets the requirements estab-
lished under this section for membership in a cooperative
wholesaler and that has been qualified and accepted for
membership in a cooperative wholesaler.
SECTION 26gn. 125.545 (1) (ar) of the statutes is cre-
ated to read:
125.545 (1) (ar) “Out−of−state manufacturer” means
a manufacturer or rectifier of intoxicating liquor that is
located in a state other than this state.
SECTION 26go. 125.545 (1) (cm) of the statutes is cre-
ated to read:
125.545 (1) (cm) “Small manufacturer” means any
manufacturer or rectifier that produces and bottles less
than 50,000 gallons of intoxicating liquor other than wine
in a calendar year.
SECTION 26gp. 125.545 (1) (d) of the statutes is
amended to read:
125.545 (1) (d) “Small winery” means any winery
that produces and bottles less than 25,000 50,000 gallons
of wine in a calendar year.
SECTION 26gq. 125.545 (1) (e) of the statutes is
amended to read: − 40 −2023 Wisconsin Act 2023 Senate Bill 268
125.545 (1) (e) “Small winery cooperative whole-
saler” or “cooperative wholesaler” means an entity estab-
lished under this section.
SECTION 26gr. 125.545 (1) (em) of the statutes is cre-
ated to read:
125.545 (1) (em) “Wisconsin manufacturer” means
a manufacturer or rectifier operating under a permit
issued under s. 125.52.
SECTION 26gs. 125.545 (2) (a) 1. of the statutes is
amended to read:
125.545 (2) (a) 1. A cooperative wholesaler may only
be created as provided under s. 185.043 (2) and this sec-
tion. Each cooperative wholesaler operating under
authority of this section shall be organized under ch. 185
but shall be subject to the limitations on such coopera-
tives imposed by this section. Subject to subd. subds. 3.
and 4., only small wineries and small manufacturers may
be members of a cooperative wholesaler. The principal
purpose of a cooperative wholesaler shall be to sell and
distribute wine intoxicating liquor manufactured,
blended, or mixed, and also bottled, by its members.
SECTION 26gt. 125.545 (2) (a) 3. b. of the statutes is
amended to read:
125.545 (2) (a) 3. b. The small winery is certified by
the department division under sub. (6) (a) as a small win-
ery.
SECTION 26gu. 125.545 (2) (a) 4. of the statutes is
created to read:
125.545 (2) (a) 4. A small manufacturer may become
a member of a cooperative wholesaler only if the small
manufacturer is certified by the division under sub. (6) (a)
as a small manufacturer.
SECTION 26gv. 125.545 (2) (b) of the statutes is
amended to read:
125.545 (2) (b) In addition to the requirements speci-
fied in s. 185.31 for the board of directors of a cooperative
wholesaler, a director representing a member that is a
Wisconsin winery or Wisconsin manufacturer shall be
either an owner or an employee of that Wisconsin winery
or Wisconsin manufacturer. If any out−of−state winery
or out−of−state manufacturer is a member of the coopera-
tive wholesaler, at least one director shall be either an
owner or an employee of an out−of−state winery or out−
of−state manufacturer that is a member of the cooperative
wholesaler.
SECTION 26gw. 125.545 (2) (c) of the statutes is
amended to read:
125.545 (2) (c) Notwithstanding any provision of ch.
185, a cooperative wholesaler may not employ any
owner or employee of a member. However, an individual
that is an owner or an employee of a member may act as
a volunteer to assist that cooperative wholesaler in the
sale and distribution of wine intoxicating liquor to retail-
ers and other wholesalers in the manner authorized under
this section.
SECTION 26gx. 125.545 (3) (a) 1. of the statutes is
amended to read:
125.545 (3) (a) 1. Within 7 days after filing its articles
of incorporation under ch. 185, a cooperative wholesaler
shall apply to the department division for a wholesaler’s
permit under s. 125.54. The provisions of s. 125.04 (5)
(c) and (6) shall apply to a cooperative wholesaler as if
the cooperative wholesaler were a corporation or a lim-
ited liability company and, for each of these provisions,
the department division shall determine whether the
cooperative wholesaler is most similar to a corporation or
a limited liability company in the context of that provi-
sion and apply that provision to the cooperative whole-
saler accordingly.
SECTION 26hb. 125.545 (3) (a) 2. of the statutes is
amended to read:
125.545 (3) (a) 2. Notwithstanding s. 125.54 (6), the
department division may issue not more than one whole-
saler’s permit to any cooperative wholesaler. The depart-
ment division may not issue more than a total of 6 whole-
salers’ permits to cooperative wholesalers in this state.
The department division may not issue any new whole-
saler’s permit to a cooperative wholesaler after Decem-
ber 31, 2008, but may renew wholesalers’ permits that
were initially issued to cooperative wholesalers prior to
that date.
SECTION 26hc. 125.545 (3) (a) 2. of the statutes, as
affected by 2023 Wisconsin Act .... (this act), is amended
to read:
125.545 (3) (a) 2. Notwithstanding s. 125.54 (6), the
division may issue not more than one wholesaler’s permit
to any cooperative wholesaler. The division may not
issue more than a total of 6 wholesalers’ permits to coop-
erative wholesalers in this state. The Except as provided
in subd. 2m., the division may not issue any new whole-
saler’s permit to a cooperative wholesaler after Decem-
ber 31, 2008, but may renew wholesalers’ permits that
were initially issued to cooperative wholesalers prior to
that date.
SECTION 26hd. 125.545 (3) (a) 2m. of the statutes is
created to read:
125.545 (3) (a) 2m. The division may issue new
wholesalers’ permits to cooperative wholesalers after the
effective date of this subdivision .... [LRB inserts date],
but not later than the first day of the 7th month beginning
after the effective date of this subdivision .... [LRB inserts
date], and may renew wholesalers’ permits that were ini-
tially issued to cooperative wholesalers during this
period. The division may not issue new wholesalers’ per-
mits under this subdivision that cause the total number of
wholesalers’ permits issued to cooperative wholesalers
in this state to exceed 6.
SECTION 26he. 125.545 (3) (b) of the statutes is
amended to read: − 41 − 2023 Wisconsin Act 2023 Senate Bill 268
125.545 (3) (b) 1. Notwithstanding s. 125.54 (1), and
except as provided in subd. 3., a cooperative wholesaler
issued a wholesaler’s permit under par. (a) is authorized
to sell and distribute only wine intoxicating liquor.
Except as provided in subd. 3., a cooperative wholesaler
may not sell or distribute any alcohol beverages, or any
other product, except wine intoxicating liquor.
2. A cooperative wholesaler shall purchase on con-
signment wine intoxicating liquor from its members to be
resold to retailers and other wholesalers. Notwithstand-
ing s. 125.69 (5), a cooperative wholesaler may not pur-
chase wine intoxicating liquor from any person other
than a member. A cooperative wholesaler may not resell
or distribute wine intoxicating liquor unless it has been
purchased on consignment from a member. Notwith-
standing s. 125.54 (1), a cooperative wholesaler may not
sell or distribute wine intoxicating liquor except to a
retailer or to a wholesaler holding a permit under s.
125.54.
3. A cooperative wholesaler may purchase ancillary
wine industry trade goods such as bottles, corks, and
other supplies used by wineries or manufacturers in the
bottling and sale of wine intoxicating liquor if such trade
goods do not include any alcohol beverages. Any wine
industry trade goods purchased by a cooperative whole-
saler under this subdivision may be offered for resale to
the cooperative wholesaler’s members or to any winery
or manufacturer that was formerly a member of the coop-
erative wholesaler.
4. A cooperative wholesaler shall work with all of its
members on evenhanded terms. Any preferential treat-
ment by a cooperative wholesaler for the benefit of a
member that is a Wisconsin winery or Wisconsin manu-
facturer, and any discrimination against a member that is
an out−of−state winery or out−of−state manufacturer, is
prohibited.
SECTION 26hf. 125.545 (3) (c) of the statutes is
amended to read:
125.545 (3) (c) Neither a cooperative wholesaler nor
its members are subject to any restriction on dealings
under s. 125.69 (1) between wholesalers and wineries or
manufacturers. Except as provided in s. 125.54 (7) (e)
and as otherwise provided in this section, all provisions
of this chapter and ch. 139 that apply to a wholesaler
issued a permit under s. 125.54 also apply to a coopera-
tive wholesaler issued a permit under s. 125.54.
SECTION 26hg. 125.545 (4) of the statutes is
amended to read:
125.545 (4) EXCLUSIVE DISTRIBUTION. A member of
a cooperative wholesaler may make its wine intoxicating
liquor available for purchase by a retailer or another
wholesaler only through the cooperative wholesaler of
which it is a member. A member of a cooperative whole-
saler may not sell its wine intoxicating liquor directly to
any other wholesaler or directly to a retailer.
SECTION 26hi. 125.545 (5) of the statutes is amended
to read:
125.545 (5) BIENNIAL REPORTS. With each applica-
tion for renewal of a wholesaler’s permit issued to a coop-
erative wholesaler, each cooperative wholesaler shall file
with the department division, in the form and manner pre-
scribed by the department division by rule, a biennial
report that includes detailed information on its members,
board of directors, and sale and distribution activities.
SECTION 26hj. 125.545 (6) (title) and (a) 1. and 2. of
the statutes are amended to read:
125.545 (6) (title) DEPARTMENT DIVISION CERTIFICA-
TION AND RULE MAKING.
(a) 1. The department division shall, upon applica-
tion, certify eligible applicants as small wineries and
renew prior certifications of eligible applicants as small
wineries.
2. Any winery seeking to become a member of, or to
maintain its membership in, a cooperative wholesaler
may apply to the department division for certification as
a small winery. If the winery meets the definition of a
small winery under this section, satisfies the requirement
under sub. (2) (a) 3. a., and submits any other information
that the department division determines is necessary to
certify that the winery is operating as a small winery and
is eligible for membership in a cooperative wholesaler,
the department division shall certify the winery as a small
winery. This certification shall remain valid for one year.
SECTION 26hk. 125.545 (6) (a) 1. of the statutes, as
affected by 2023 Wisconsin Act .... (this act), is amended
to read:
125.545 (6) (a) 1. The division shall, upon applica-
tion, certify eligible applicants as small wineries or small
manufacturers and renew prior certifications of eligible
applicants as small wineries or small manufacturers.
SECTION 26hm. 125.545 (6) (a) 2m. of the statutes is
created to read:
125.545 (6) (a) 2m. Any manufacturer seeking to
become a member of, or to maintain its membership in,
a cooperative wholesaler may apply to the division for
certification as a small manufacturer. If the manufacturer
meets the definition of a small manufacturer under this
section and submits any other information that the divi-
sion determines is necessary to certify that the manufac-
turer is operating as a small manufacturer and is eligible
for membership in a cooperative wholesaler, the division
shall certify the manufacturer as a small manufacturer.
This certification shall remain valid for one year.
SECTION 26hn. 125.545 (6) (a) 3. of the statutes is
amended to read:
125.545 (6) (a) 3. In certifying any winery under
subd. 2., the department division shall classify the winery
as either a Wisconsin winery or an out−of−state winery.
SECTION 26ho. 125.545 (6) (a) 3m. of the statutes is
created to read: − 42 −2023 Wisconsin Act 2023 Senate Bill 268
125.545 (6) (a) 3m. In certifying any manufacturer
under subd. 2m., the division shall classify the manufac-
turer as either a Wisconsin manufacturer or an out−of−
state manufacturer.
SECTION 26hp. 125.545 (6) (a) 4. of the statutes is
amended to read:
125.545 (6) (a) 4. The department division shall
refuse to certify under this paragraph any winery that
cannot demonstrate it holds all necessary permits for its
operations or that the department division finds is other-
wise not in full compliance with the laws of this state.
SECTION 26hq. 125.545 (6) (a) 4. of the statutes, as
affected by 2023 Wisconsin Act .... (this act), is amended
to read:
125.545 (6) (a) 4. The division shall refuse to certify
under this paragraph any winery or manufacturer that
cannot demonstrate it holds all necessary permits for its
operations or that the division finds is otherwise not in
full compliance with the laws of this state.
SECTION 26hr. 125.545 (6) (b) of the statutes is
amended to read:
125.545 (6) (b) The department division shall pro-
mulgate rules to administer and enforce the requirements
under this section.
SECTION 26hs. 125.545 (7) of the statutes is amended
to read:
125.545 (7) PENALTIES. (a) Any winery that sells or
distributes its wine directly to a retailer, rather than
through a wholesaler or cooperative wholesaler, is sub-
ject to a fine of not more than $10,000 and revocation of
all of its permits by the department division under s.
125.12 (5).
(b) Any cooperative wholesaler that provides prefer-
ential treatment to a Wisconsin winery or discriminates
against an out−of−state winery is subject to a fine of not
more than $10,000 and revocation of its wholesaler’s per-
mit by the department division under s. 125.12 (5).
SECTION 26ht. 125.545 (7) of the statutes, as affected
by 2023 Wisconsin Act .... (this act), is amended to read:
125.545 (7) PENALTIES. (a) Any winery or manufac-
turer that sells or distributes its wine intoxicating liquor
directly to a retailer, rather than through a wholesaler or
cooperative wholesaler, is subject to a fine of not more
than $10,000 and revocation of all of its permits by the
division under s. 125.12 (5).
(b) Any cooperative wholesaler that provides prefer-
ential treatment to a Wisconsin winery or Wisconsin
manufacturer or discriminates against an out−of−state
winery or out−of−state manufacturer is subject to a fine
of not more than $10,000 and revocation of its whole-
saler’s permit by the division under s. 125.12 (5).
SECTION 26hu. 125.55 (1) of the statutes is amended
to read:
125.55 (1) The department division may issue a com-
bination manufacturer’s and rectifier’s permit.
SECTION 26hv. 125.56 (2) (a) of the statutes is
amended to read:
125.56 (2) (a) The department division shall issue
sacramental wine permits to organized religious bodies
authorizing them to purchase for their own use sacramen-
tal wine from any permittee under s. 125.52 (1), 125.53
or 125.54. A permit under this subsection does not autho-
rize the resale of sacramental wine by the permittee.
SECTION 26hw. 125.56 (2) (c) of the statutes is
amended to read:
125.56 (2) (c) Shipments of sacramental wine shall
be conspicuously labeled “for sacramental purposes” and
shall meet any other requirements the department divi-
sion prescribes by rule.
SECTION 26hx. 125.56 (2) (d) of the statutes is
amended to read:
125.56 (2) (d) A sacramental wine permit shall be
issued free of charge by the department division and is
not subject to s. 125.04 (11) (a).
SECTION 26hy. 125.58 (1) of the statutes is amended
to read:
125.58 (1) The department division shall issue out−
of−state shippers’ permits which authorize persons
located outside this state to sell or ship intoxicating liquor
into this state. Except as provided under sub. subs. (4)
and (5), intoxicating liquor may be shipped into this state
only to a person holding a wholesaler’s permit under s.
125.54 or, if shipped from a manufacturer or rectifier in
another state holding a permit under this section, to a per-
son holding a manufacturer’s or rectifier’s permit under
s. 125.52 or a winery permit under s. 125.53. Except as
provided under sub. subs. (4) and (5), a separate out−of−
state shipper’s permit is required for each location from
which any intoxicating liquor is sold or shipped into this
state, including the location from which the invoices are
issued for the sales or shipments. Any person holding an
out−of−state shipper’s permit issued under this section
may solicit orders for sales or shipments by the permittee
without obtaining the sales solicitation permit required
by s. 125.65, but every agent, salesperson or other repre-
sentative who solicits orders for sales or shipments by an
out−of−state shipper shall first obtain a permit for solicit-
ing orders under s. 125.65. No holder of an out−of−state
shipper’s permit issued under this section may sell intoxi-
cating liquor in this state or ship intoxicating liquor into
this state unless the out−of−state shipper is the primary
source of supply for that intoxicating liquor.
SECTION 26hz. 125.58 (2) of the statutes is renum-
bered 125.58 (2) (a).
SECTION 26jb. 125.58 (2) (b) and (c) of the statutes
are created to read:
125.58 (2) (b) 1. Unless the permittee or agent of the
permittee appointed under s. 125.04 (6) is a resident of
this state, or unless the permittee maintains a registered
agent in this state under s. 180.0501, 180.1507, − 43 − 2023 Wisconsin Act 2023 Senate Bill 268
183.0105, or 183.1007, a permittee under this section
shall appoint and continually engage the services of an
agent in this state to act as agent for the service of process
on whom all processes, and any action or proceeding
against the permittee concerning or arising out of the
enforcement of any provision of this chapter or ch. 139,
may be served in any manner authorized by law. That ser-
vice shall constitute legal and valid service of process on
the permittee. The permittee shall provide to the divi-
sion, in the form and manner prescribed by the division,
the name, address, phone number, and proof of the
appointment and availability of the agent.
2. The permittee shall provide notice to the division
30 calendar days before termination of the authority of an
agent under subd. 1. and shall provide proof to the satis-
faction of the division of the appointment of a new agent
no less than 5 calendar days before the termination of an
existing agent appointment. In the event an agent termi-
nates an agency appointment, the permittee shall notify
the division of that termination within 5 calendar days
and shall include proof to the satisfaction of the division
of the appointment of a new agent.
3. If a permittee fails to maintain an agent in this state
after a permit is issued under this section, the permittee
is considered to have appointed the department of finan-
cial institutions as the permittee’s agent, and the permit-
tee may be proceeded against in courts of this state by ser-
vice of process upon the department of financial
institutions.
(c) The application for a permit under this section
shall include a provision that the permittee agrees to do
all of the following:
1. File reports, provide records, and allow inspec-
tions and examinations to the extent provided in s.
125.025 and ch. 139.
2. Pay the expenses reasonably attributable to inspec-
tions and examinations made by the division at the
premises of the permittee located outside this state.
3. Accept service of process and consent to jurisdic-
tion in any proceeding in this state to enforce the provi-
sions of this chapter or ch. 139.
SECTION 26jc. 125.58 (5) of the statutes is created to
read:
125.58 (5) A fulfillment house located outside this
state that holds a permit under s. 125.23 may ship wine
into this state as provided in s. 125.23 and is not required
to hold an out−of−state shipper’s permit under this sec-
tion.
SECTION 26jd. 125.60 (1) of the statutes is amended
to read:
125.60 (1) The department division may issue a
wholesale alcohol permit which authorizes the permittee
to sell ethyl alcohol of 190 proof or more to persons hold-
ing permits or licenses issued under s. 125.61 or 125.62.
Nothing in this section requires manufacturers, rectifiers
and wholesalers holding permits issued under s. 125.52
(1) or 125.54 to obtain a wholesale alcohol permit.
SECTION 26je. 125.61 (1) of the statutes is amended
to read:
125.61 (1) The department division may issue a
medicinal alcohol permit which authorizes the permittee
to purchase and use alcohol for medicinal purposes only.
The permit may be issued only to persons who prove to
the department division that they use alcohol for medici-
nal purposes.
SECTION 26jf. 125.61 (3) of the statutes is amended
to read:
125.61 (3) Shipments of medicinal alcohol shall be
conspicuously labeled “for medicinal purposes” and
shall meet other requirements which the department divi-
sion prescribes by rule.
SECTION 26jg. 125.61 (4) of the statutes is amended
to read:
125.61 (4) A medicinal permit shall be issued free of
charge by the department division and is not subject to s.
125.04 (11) (a).
SECTION 26jh. 125.62 (1) of the statutes is amended
to read:
125.62 (1) The department division may issue an
industrial alcohol permit which authorizes the permittee
to purchase and use alcohol for industrial purposes only.
Such permits may be issued only to persons who prove
to the department division that they use alcohol for indus-
trial purposes.
SECTION 26ji. 125.62 (3) of the statutes is amended
to read:
125.62 (3) Shipments of industrial alcohol shall be
conspicuously labeled “for industrial purposes” and shall
meet other requirements which the department division
prescribes by rule.
SECTION 26jk. 125.63 (1) of the statutes is amended
to read:
125.63 (1) The department division may issue an
industrial wine permit which authorizes the purchase and
use of wine for industrial purposes only. An industrial
wine permit may be issued only to persons who prove to
the department division that they use wine for industrial
purposes.
SECTION 26jm. 125.63 (3) of the statutes is amended
to read:
125.63 (3) Shipments of industrial wine shall be con-
spicuously labeled “for industrial purposes” and shall
meet other requirements which the department division
prescribes by rule.
SECTION 26jn. 125.65 (1) of the statutes is amended
to read:
125.65 (1) The department division may issue a per-
mit for wholesale sales for future delivery which autho-
rizes the permittee to solicit orders, and to engage in the
sale, of intoxicating liquor for delivery at a future date. − 44 −2023 Wisconsin Act 2023 Senate Bill 268
A person holding a permit under this section may give a
sample of a brand of intoxicating liquor to a “Class A”
licensee who has not previously purchased that brand
from the permittee.
SECTION 26jo. 125.65 (4) (intro.) of the statutes is
amended to read:
125.65 (4) (intro.) The department division shall
require the following information in applications for per-
mits under this section:
SECTION 26jp. 125.65 (4) (e) of the statutes is
amended to read:
125.65 (4) (e) Any other information required by the
department division.
SECTION 26jq. 125.65 (6) of the statutes is amended
to read:
125.65 (6) Employers shall furnish the department
division with the names of all employees engaged in
activities requiring a permit under this section and shall
notify the department division whenever an employee
begins or terminates employment. Upon leaving
employment, an employee shall submit his or her permit
to the department division for cancellation.
SECTION 26jr. 125.65 (10) of the statutes is amended
to read:
125.65 (10) The department division may not require
a fee for a permit under this section for an individual who
is eligible for the veterans fee waiver program under s.
45.44.
SECTION 26js. 125.68 (2) of the statutes is amended
to read:
125.68 (2) OPERATORS’ LICENSES; “CLASS A,” “CLASS
B,” “CLASS C,” AND OTHER PREMISES. Except as provided
under ss. 125.07 (3) (a) 10. and 125.51 (10), no premises
operated under a “Class A” or “Class C” license or under
a “Class B” license or permit may be open for business,
and no person who holds a brewer’s permit, manufactur-
er’s or rectifier’s permit, or winery permit may allow the
sale or provision of taste samples of intoxicating liquor
on the brewery premises, manufacturing or rectifying
premises as provided in s. 125.52 (1) (b) 2., winery
premises, or any retail outlet operated by the brewer,
manufacturer, rectifier, or winery under s. 125.29 (7),
125.52 (4), or 125.53 (3), unless there is upon the
premises either the licensee or permittee, the agent
named in the license or permit if the licensee or permittee
is a corporation or limited liability company, or some per-
son who has an operator’s license and who is responsible
for the acts of all persons selling or serving any intoxicat-
ing liquor to customers. An operator’s license issued in
respect to a vessel under s. 125.51 (5) (c) is valid outside
the municipality that issues it. For the purpose of this
subsection, any person holding a manager’s license
issued under s. 125.18 or any member of the licensee’s or
permittee’s immediate family who has attained the age of
18 shall be considered the holder of an operator’s license.
No person, including a member of the licensee’s or per-
mittee’s immediate family, other than the licensee, per-
mittee, or agent may serve or sell alcohol beverages in
any place operated under a “Class A” or “Class C” license
or under a “Class B” license or permit, or serve or sell
intoxicating liquor on brewery premises, manufacturing
or rectifying premises, winery premises, or any retail out-
let operated by a brewer, manufacturer, rectifier, or win-
ery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless
he or she has an operator’s license, is considered to have
an operator’s license under this subsection, or is at least
18 years of age and is under the immediate supervision
of the licensee, permittee, or agent or a person holding an
operator’s license, who is on the premises at the time of
the service.
SECTION 26jt. 125.68 (2) of the statutes, as affected
by 2023 Wisconsin Act .... (this act), is amended to read:
125.68 (2) OPERATORS’ LICENSES AND PERMITS;
“CLASS A,” “CLASS B,” “CLASS C,” AND OTHER PREMISES.
Except as provided under ss. 125.07 (3) (a) 10. and
125.51 (10), no premises operated under a “Class A” or
“Class C” license or under a “Class B” license or permit
may be open for business, and no person who holds a
brewer’s permit, manufacturer’s or rectifier’s permit, or
winery permit may allow the sale or provision of taste
samples of intoxicating liquor on the brewery premises,
manufacturing or rectifying premises, winery premises,
or any retail outlet operated by the brewer, manufacturer,
rectifier, or winery under s. 125.29 (7), 125.52 (4), or
125.53 (3), unless there is upon the premises either the
licensee or permittee, the agent named in the license or
permit if the licensee or permittee is a corporation or lim-
ited liability company, or some person who has an opera-
tor’s license or operator’s permit and who is responsible
for the acts of all persons selling or serving any intoxicat-
ing liquor to customers. An operator’s license issued in
respect to a vessel under s. 125.51 (5) (c) is valid outside
the municipality that issues it. For the purpose of this
subsection, any person holding a manager’s license
issued under s. 125.18 or any member of the licensee’s or
permittee’s immediate family who has attained the age of
18 shall be considered the holder of an operator’s license.
No person other than the licensee, permittee, or agent
may serve or sell alcohol beverages in any place operated
under a “Class A” or “Class C” license or under a “Class
B” license or permit, or serve or sell intoxicating liquor
on brewery premises, manufacturing or rectifying
premises, winery premises, or any retail outlet operated
by a brewer, manufacturer, rectifier, or winery under s.
125.29 (7), 125.52 (4), or 125.53 (3), unless he or she has
an operator’s license or operator’s permit, is considered
to have an operator’s license under this subsection, or is
at least 18 years of age and is under the immediate super-
vision of the licensee, permittee, or agent or a person
holding an operator’s license or operator’s permit, who
is on the premises at the time of the service. − 45 − 2023 Wisconsin Act 2023 Senate Bill 268
SECTION 26ju. 125.68 (4) (c) 1. of the statutes is
amended to read:
125.68 (4) (c) 1. Subject to subds. 3. and 6. and s.
125.51 (3r) (a) 3., no premises for which a “Class B”
license or permit or a “Class C” license has been issued
may remain open between the hours of 2 a.m. and 6 a.m.,
except as otherwise provided in this subdivision and
subd. 4. On January 1 premises operating under a “Class
B” license or permit are not required to close. On Satur-
day and Sunday, no premises may remain open between
2:30 a.m. and 6 a.m. except that, on the Sunday that day-
light saving time begins as specified in s. 175.095 (2), no
premises may remain open between 3:30 a.m. and 6 a.m.
This subdivision does not apply to a “Class B” license
issued to a winery under s. 125.51 (3) (am).
SECTION 26jv. 125.68 (4) (c) 3. of the statutes is
amended to read:
125.68 (4) (c) 3. Between 12 midnight and 6 a.m. no
person may sell intoxicating liquor on “Class B” licensed
premises in an original unopened package, container or
bottle or for consumption away from the premises or on
“Class C” licensed premises as authorized under s.
125.51 (3r) (a). A municipal governing body may, by
ordinance, impose more restrictive hours than are pro-
vided in this subdivision except with respect to the sale
of intoxicating liquor authorized under s. 125.51 (3r) (a).
This subdivision does not apply to a “Class B” license
issued to a winery under s. 125.51 (3) (am).
SECTION 26jw. 125.68 (4) (c) 3m. of the statutes is
repealed.
SECTION 26jx. 125.68 (9) (f) of the statutes is
amended to read:
125.68 (9) (f) Every person manufacturing, rectify-
ing or blending intoxicating liquor sold in this state shall
provide the department division with the names, brands,
descriptions, alcoholic content by volume and any other
information about the intoxicating liquor required by the
department division. Information required by this para-
graph shall be submitted prior to placing any new blend
on the market. The department division may also require
by rule that samples of new products be submitted for
examination and analysis.
SECTION 26jy. 125.68 (10) (a) and (b) of the statutes
are amended to read:
125.68 (10) (a) Except as provided in s. ss. 125.23
and 125.535, no intoxicating liquor may be shipped into
this state unless consigned to a person holding a whole-
saler’s permit under s. 125.54 or, if shipped from a manu-
facturer or rectifier in another state holding a permit
under s. 125.58, consigned to a person holding a manu-
facturer’s or rectifier’s permit under s. 125.52 or a winery
permit under s. 125.53.
(b) Except as provided in s. ss. 125.23 and 125.535,
no common carrier or other person may transport into and
deliver within this state any intoxicating liquor unless it
is consigned to a person holding a wholesaler’s permit
under s. 125.54 or, if shipped from a manufacturer or rec-
tifier in another state holding a permit under s. 125.58,
consigned to a person holding a manufacturer’s or recti-
fier’s permit under s. 125.52 or a winery permit under s.
125.53. Any common carrier violating this paragraph
shall forfeit $100 for each violation.
SECTION 26kc. 125.69 (1) of the statutes is repealed
and recreated to read:
125.69 (1) INTEREST RESTRICTIONS. (a) Subject to s.
125.20 (6), a manufacturer’s or rectifier’s permit under
s. 125.52 may not be issued to any person who holds, or
has an interest in a licensee or permittee holding, any of
the following:
1. A Class “A” license issued under s. 125.25 or
“Class A” license issued under s. 125.51 (2).
2. A Class “B” license issued under s. 125.26, “Class
B” license issued under s. 125.51 (3), or “Class C” license
issued under s. 125.51 (3m).
3. A Class “B” permit issued under s. 125.27 or
“Class B” permit issued under s. 125.51 (5).
4. A wholesaler’s permit issued under s. 125.28 or
125.54.
(b) Subject to s. 125.20 (6), a winery permit under s.
125.53 may not be issued to any person who holds, or has
an interest in a licensee or permittee holding, any of the
following:
1. A Class “A” license issued under s. 125.25 or
“Class A” license issued under s. 125.51 (2).
2. A Class “B” license issued under s. 125.26, “Class
B” license issued under s. 125.51 (3), or “Class C” license
issued under s. 125.51 (3m).
3. A Class “B” permit issued under s. 125.27 or
“Class B” permit issued under s. 125.51 (5).
4. A wholesaler’s permit issued under s. 125.28 or
125.54.
(c) Subject to s. 125.20 (6), a wholesaler’s permit
under s. 125.54 may not be issued to any person who
holds, or has an interest in a licensee or permittee holding,
any of the following:
1. A Class “A” license issued under s. 125.25 or
“Class A” license issued under s. 125.51 (2).
2. A Class “B” license issued under s. 125.26, “Class
B” license issued under s. 125.51 (3), or “Class C” license
issued under s. 125.51 (3m).
3. A Class “B” permit issued under s. 125.27 or
“Class B” permit issued under s. 125.51 (5).
4. A brewer’s permit issued under s. 125.29.
5. A brewpub permit issued under s. 125.295.
6. A winery permit issued under s. 125.53.
7. A manufacturer’s or rectifier’s permit issued under
s. 125.52.
8. An out−of−state shipper’s permit issued under s.
125.30 or 125.58.
(d) Subject to s. 125.20 (6), an out−of−state shipper’s
permit under s. 125.58 may not be issued to any person − 46 −2023 Wisconsin Act 2023 Senate Bill 268
who holds, or has an interest in a licensee or permittee
holding, any of the following:
1. A Class “A” license issued under s. 125.25 or
“Class A” license issued under s. 125.51 (2).
2. A Class “B” license issued under s. 125.26, “Class
B” license issued under s. 125.51 (3), or “Class C” license
issued under s. 125.51 (3m).
3. A Class “B” permit issued under s. 125.27 or
“Class B” permit issued under s. 125.51 (5).
4. A wholesaler’s permit issued under s. 125.28 or
125.54.
(e) Subject to s. 125.20 (6), a “Class A” license may
not be issued to any person who holds, or has an interest
in a permittee holding, any of the following:
1. A wholesaler’s permit issued under s. 125.28 or
125.54.
2. A brewer’s permit issued under s. 125.29.
3. A brewpub permit issued under s. 125.295.
4. A winery permit issued under s. 125.53.
5. A manufacturer’s or rectifier’s permit issued under
s. 125.52.
6. An out−of−state shipper’s permit issued under s.
125.30 or 125.58.
(f) Subject to s. 125.20 (6), a “Class B” license or per-
mit or “Class C” license may not be issued to any person
who holds, or has an interest in a permittee holding, any
of the following:
1. A wholesaler’s permit issued under s. 125.28 or
125.54.
2. A brewer’s permit issued under s. 125.29.
3. Except as provided in s. 125.295 (1) (h), (2) (a) 6.
e., and (3) (c), a brewpub permit issued under s. 125.295.
4. A winery permit issued under s. 125.53.
5. A manufacturer’s or rectifier’s permit issued under
s. 125.52.
6. An out−of−state shipper’s permit issued under s.
125.30 or 125.58.
SECTION 26ke. 125.69 (1) (a) 5., (b) 5m., (c) 9. and
(d) 5. of the statutes are created to read:
125.69 (1) (a) 5. A no−sale event venue permit issued
under s. 125.24.
(b) 5m. A no−sale event venue permit issued under
s. 125.24.
(c) 9. A no−sale event venue permit issued under s.
125.24.
(d) 5. A no−sale event venue permit issued under s.
125.24.
SECTION 26kg. 125.69 (4) (e) of the statutes is
amended to read:
125.69 (4) (e) Costs. The cost of administering this
subsection shall be charged to the manufacturer, rectifier
and wholesaler permittees. The department division
shall determine the costs and shall establish the proce-
dure for apportioning the cost against the permittees and
provide for the method of payment to the department
division.
SECTION 26ki. 125.69 (7) of the statutes is amended
to read:
125.69 (7) LICENSE OR PERMIT REVOCATION. The vio-
lation of sub. (1), (3) or (5), or s. 125.20 (5) (d) as it relates
to sub. (1), is sufficient cause for the revocation of the
license or permit of any licensee or permittee receiving
the benefit from the prohibited act as well as the revoca-
tion of the license or permit of the licensee or permittee
committing the prohibited act.
SECTION 26km. 125.69 (9) of the statutes is created
to read:
125.69 (9) PROVIDING TASTE SAMPLES ON RETAIL
PREMISES. (a) Subject to par. (e), with the consent of the
“Class A,” “Class B,” or “Class C” licensee, a winery,
manufacturer, or rectifier may provide, free of charge, on
“Class A,” “Class B,” or “Class C” premises, taste sam-
ples of intoxicating liquor to any person who has attained
the legal drinking age for consumption on the premises
between the hours of 11 a.m. and 7 p.m.
(b) A taste sample of wine may not exceed 3 fluid
ounces and a person may not receive more than 2 taste
samples of wine per day. A taste sample of intoxicating
liquor other than wine may not exceed 0.5 fluid ounces
and a person may receive not more than one taste sample
of such intoxicating liquor per day.
(c) A winery, manufacturer, or rectifier may provide
taste samples of any intoxicating liquor purchased from
the retail licensee or of any intoxicating liquor the winery,
manufacturer, or rectifier produced on premises covered
by its winery permit, manufacturer’s permit, or rectifier’s
permit and brings to the retail premises, but the winery,
manufacturer, or rectifier may not leave at the retail
premises any unused intoxicating liquor not purchased
from the retail licensee.
(d) Any representative of a manufacturer, rectifier, or
winery issued a permit under s. 125.52 or 125.53 may
assist the retail licensee in dispensing or serving the taste
samples.
(e) This subsection authorizes taste samples only of
wine on “Class C” licensed premises.
SECTION 27. 134.65 (title) of the statutes is amended
to read:
134.65 (title) Cigarette, electronic vaping devices,
and tobacco products retailer license.
SECTION 28. 134.65 (1) of the statutes is renumbered
134.65 (1d) and amended to read:
134.65 (1d) No person shall in any manner, or upon
any pretense, or by any device, directly or indirectly sell,
expose for sale, possess with intent to sell, exchange, bar-
ter, dispose of or give away any cigarettes, electronic
vaping devices, or tobacco products to any person not
holding a license as herein provided or a permit under ss.
139.30 to 139.41 or 139.79 without first obtaining a
license from the clerk of the city, village or town wherein
such privilege is sought to be exercised. − 47 − 2023 Wisconsin Act 2023 Senate Bill 268
SECTION 29. 134.65 (1a) of the statutes is created to
read:
134.65 (1a) In this section:
(a) “Cigarette” has the meaning given in s. 139.30
(1m).
(b) “Electronic vaping device” means a device that
may be used to deliver any aerosolized or vaporized liq-
uid or other substance for inhalation, regardless of
whether the liquid or other substance contains nicotine,
including an e−cigarette, e−cigar, e−pipe, vape pen, or
e−hookah. “Electronic vaping device” includes a com-
ponent, part, or accessory of the device, and includes a
liquid or other substance that may be aerosolized or
vaporized by such device, regardless of whether the liq-
uid or other substance contains nicotine. “Electronic
vaping device” does not include a battery or battery
charger when sold separately. “Electronic vaping device”
does not include drugs, devices, or combination products
authorized for sale by the U.S. food and drug administra-
tion, as those terms are defined in the Federal Food, Drug,
and Cosmetic Act.
(c) “Tobacco products” has the meaning given in s.
139.75 (12).
(d) “Vending machine” has the meaning given in s.
139.30 (14).
SECTION 30. 134.65 (1g) of the statutes is created to
read:
134.65 (1g) (a) The department of revenue shall cre-
ate an application form for licenses issued under sub.
(1d). The form shall require all of the following informa-
tion from an applicant:
1. The applicant’s history relevant to the applicant’s
fitness to hold a license under sub. (1d).
2. The kind of license for which the applicant is
applying.
3. The premises where cigarettes, electronic vaping
devices, or tobacco products will be sold or stored.
4. If the applicant is a corporation, the identity of the
corporate officers and agent.
5. If the applicant is a limited liability company, the
identity of the company members or managers and agent.
6. The applicant’s trade name, if any.
7. Whether the applicant will sell, exchange, barter,
dispose of, or give away the cigarettes, electronic vaping
devices, or tobacco products over the counter or in a
vending machine, or both.
8. Any other information required by the department
of revenue.
(b) The department of revenue shall make the form
prepared under this subsection available to all cities, vil-
lages, and towns.
(c) An applicant for a license under sub. (1d) shall use
the form prepared under this subsection.
(d) An application for a license under sub. (1d) shall
be signed by the applicant and the applicant shall submit
the application to the clerk of the city, village, or town
where the intended place of sale is located.
(e) Within 30 days of any change in any fact set forth
in an application for a license under sub. (1d), the appli-
cant or licensee shall file a written description of the
change with the clerk of the city, village, or town where
the application was submitted.
(f) Any person may inspect applications for a license
under sub. (1d). The clerk of a city, village, or town
where such applications are submitted shall retain all
applications, except that the clerk may destroy any appli-
cation that is 4 or more years old.
SECTION 31. 134.65 (1m) of the statutes is renum-
bered 134.65 (1m) (a) (intro.) and amended to read:
134.65 (1m) (a) (intro.) A city, village, or town clerk
may not issue a license under sub. (1) (1d) unless the
applicant specifies in the license application whether the
applicant will sell, exchange, barter, dispose of, or give
away the cigarette or tobacco products over the counter
or in a vending machine, or both. meets all of the follow-
ing requirements:
SECTION 32. 134.65 (1m) (a) 1. and 2. of the statutes
are created to read:
134.65 (1m) (a) 1. Subject to ss. 111.321, 111.322,
and 111.335, the applicant has not habitually been a law
offender or been convicted of a felony unless pardoned.
2. The applicant has submitted the proof required
under s. 77.61 (11).
SECTION 33. 134.65 (1m) (b) of the statutes is created
to read:
134.65 (1m) (b) The requirements under par. (a)
apply to all partners of a partnership, all members of a
limited liability company, all agents of a limited liability
company or corporation, and all officers of a corporation.
Subject to ss. 111.321, 111.322, and 111.335, if a business
entity has been convicted of a crime, the entity may not
be issued a license under sub. (1d) unless the entity has
terminated its relationship with the individuals whose
actions directly contributed to the conviction.
SECTION 34. 134.65 (1r) of the statutes is amended
to read:
134.65 (1r) A city, village, or town clerk may not
require an applicant’s signature on an application for a
cigarette, electronic vaping devices, and tobacco prod-
ucts retailer license to be notarized. If a city, village,
town, or any department of this state prepares an applica-
tion form for a cigarette, electronic vaping devices, and
tobacco products retailer license, the form may not
require an applicant’s signature on the form to be nota-
rized.
SECTION 35. 134.65 (2m) of the statutes is created to
read:
134.65 (2m) Annually, no later than July 15, the clerk
of a city, village, or town issuing licenses under sub. (1d)
shall submit to the department of revenue, in a manner − 48 −2023 Wisconsin Act 2023 Senate Bill 268
prescribed by the department, a list of licenses issued by
the city, village, or town under sub. (1d) during the previ-
ous fiscal year. The list shall include the name, address,
seller’s permit number, and trade name of the licensee
and the type of license held. The department of revenue
shall publish this list annually on the department’s web-
site.
SECTION 36. 134.65 (3m) of the statutes is created to
read:
134.65 (3m) A person holding a license under sub.
(1d) shall enclose the license in a frame that has a trans-
parent front that allows the license to be read clearly. The
licensee shall conspicuously display the license for pub-
lic inspection at all times in the room or place where the
activity subject to licensure is carried out.
SECTION 37. 134.65 (4) of the statutes is amended to
read:
134.65 (4) Every licensed retailer shall keep com-
plete and accurate records of all purchases and receipts of
cigarettes, electronic vaping devices, and tobacco prod-
ucts. Such records shall be preserved on the licensed
premises for 2 years in such a manner as to insure perma-
nency and accessibility for inspection and shall be sub-
ject to inspection at all reasonable hours by authorized
state and local law enforcement officials.
SECTION 38. 134.65 (5m) of the statutes is amended
to read:
134.65 (5m) Any person who knowingly provides
materially false information in an application for a ciga-
rette, electronic vaping devices, and tobacco products
retailer license under this section may be required to for-
feit not more than $1,000.
SECTION 39. 134.65 (8) of the statutes is amended to
read:
134.65 (8) The uniform licensing of cigarette, elec-
tronic vaping devices, and tobacco products retailers is a
matter of statewide concern. A city, village, or town may
adopt an ordinance regulating the issuance, suspension,
revocation, or renewal of a license under this section only
if the ordinance strictly conforms to this section. If a city,
village, or town has in effect on May 1, 2016, an ordi-
nance that does not strictly conform to this section, the
ordinance does not apply and may not be enforced.
SECTION 40. 134.66 (1) (g) of the statutes is amended
to read:
134.66 (1) (g) “Retailer” means any person licensed
under s. 134.65 (1) (1d).
SECTION 40b. 139.01 (2p) of the statutes is created
to read:
139.01 (2p) “Division” means the division of alcohol
beverages in the department.
SECTION 40c. 139.01 (4) of the statutes is amended
to read:
139.01 (4) “License,” and “fermented malt bever-
ages” have the same meaning as in s. 125.02, and
“licensed premises” are premises described in licenses
and permits issued by the department division, cities, vil-
lages, or towns under the authority of said section.
SECTION 40d. 139.01 (4) of the statutes, as affected
by 2023 Wisconsin Act .... (this act), section 40c, is
amended to read:
139.01 (4) “License,” and “fermented malt bever-
ages” have the same meaning as in s. 125.02, and
“licensed premises” are premises described in licenses
and permits issued by the division, cities, villages, or
towns under the authority of said section, other than a
permit issued under s. 125.175.
SECTION 40e. 139.01 (4) of the statutes, as affected
by 2023 Wisconsin Act .... (this act), section 40d, is
amended to read:
139.01 (4) “License,” and “fermented malt bever-
ages” have the same meaning as in s. 125.02, and
“licensed premises” are premises described in licenses
and permits issued by the division, cities, villages, or
towns under the authority of said section, other than a
permit permits issued under s. ss. 125.175 and 125.24.
SECTION 40f. 139.01 (6) of the statutes is amended
to read:
139.01 (6) A “rectifier” is a person who rectifies,
purifies or refines distilled spirits or wines by any process
other than by original and continuous distillation from
mash, wort or wash, through continuous closed vessels or
pipes, until the manufacture thereof is complete, or who
has in his or her possession any still or leach tub or keeps
any other apparatus for the purpose of refining in any
manner distilled spirits or the other liquors, or who after
rectifying and purifying distilled spirits, by mixing such
spirits or liquors with any materials, manufactures any
spurious, imitation or compound liquors for sale, and any
person who, without rectifying, purifying or refining dis-
tilled spirits, by mixing such spirits with any materials,
manufactures any spurious, imitation or compound
liquors for sale under the name of “whiskey,” “brandy,”
“gin,” “rum,” “spirits,” “cordials” or any other name, and
who is also a distiller or is under substantially the same
management or control as a distiller. A rectifier may sell
at wholesale intoxicating liquors rectified by him or her
without any other license than that of a rectifier. “Recti-
fier” does not include a “Class B” licensee that prepares,
stores, or dispenses mixed drinks in advance of sale in
compliance with s. 125.51 (3) (bg).
SECTION 40g. 139.03 (5) (a) of the statutes is
amended to read:
139.03 (5) (a) No person who enters this state from
another state may have in his or her possession and bring
into the state any intoxicating liquor or wine. The prohi-
bition in this paragraph does not apply to a person who
changes his or her domicile from another state or a for-
eign country to this state and who brings into this state
intoxicating liquor and wine constituting household
goods. The prohibition in this paragraph does not apply
to intoxicating liquor or wine consigned to any person − 49 − 2023 Wisconsin Act 2023 Senate Bill 268
having a permit from the secretary division to engage in
the sale of such intoxicating liquor or wine.
SECTION 40h. 139.04 (4) of the statutes is amended
to read:
139.04 (4) Sale or shipment of fermented malt bever-
ages by a brewer to a bottler or between brewers, or of
intoxicating liquor, whether in bulk or any state of pack-
aging, between manufacturers, rectifiers, and wineries.
SECTION 40i. 139.06 (3) of the statutes is amended to
read:
139.06 (3) In shipping intoxicating liquor, whether in
bulk for the purpose of bottling or rectifying to a rectifier
located within the state or in any state of packaging, to a
manufacturer or rectifier holding a permit under s.
125.52, the manufacturer or rectifier shall securely affix
thereto a label or statement, in such form as is prescribed
by the secretary, reciting that the shipment is made for the
purpose of bottling or rectifying a tax−exempt transfer
between producers as authorized under s. 139.04 (4).
Each manufacturer or rectifier making such shipments
shall file an information report that shows the dates and
quantities of shipments and the name and address of each
consignee.
SECTION 40j. 139.08 (3) of the statutes is amended
to read:
139.08 (3) POLICE POWERS. The department of rev-
enue shall enforce and the duly authorized employees of
the department shall have all necessary police powers to
prevent violations of s. 134.65, and this subchapter and
ch. 125.
SECTION 40k. 139.08 (4) of the statutes is amended
to read:
139.08 (4) INSPECTION FOR ENFORCEMENT. Duly
authorized employees of the department of justice and
the department of revenue and any sheriff, police officer,
marshal, or constable, within their respective jurisdic-
tions, may at all reasonable hours enter any licensed
premises, and examine the books, papers, and records of
any brewer, brewpub, manufacturer, bottler, rectifier,
wholesaler, or retailer, for the purpose of inspecting the
same and determining whether the tax and fee imposed
by ss. 139.01 to 139.25 have been fully paid, and may
inspect and examine, according to law, any premises
where fermented malt beverages or intoxicating liquors
are manufactured, sold, exposed for sale, possessed, or
stored, for the purpose of inspecting the same and deter-
mining whether the tax imposed by ss. 139.01 to 139.25
has been fully paid, and whether ss. 139.01 to 139.25 and
ch. 125 are being complied with. Any refusal to permit
such examination of such premises is sufficient grounds
under s. 125.12 for revocation or suspension of any
license or permit granted for the sale of any fermented
malt beverages or intoxicating liquors and is punishable
under s. 139.25 (10).
SECTION 40m. 139.08 (5) of the statutes is created to
read:
139.08 (5) RETENTION OF CERTAIN RECORDS. Notwith-
standing any retention schedule established for the
department’s records under s. 16.61, the department shall
retain for 3 years after receipt by the department all
reports submitted to the division under ss. 125.22 (2) and
125.23 (5) and all records received by the division relat-
ing to these reports.
SECTION 40n. 139.11 (1) of the statutes is amended
to read:
139.11 (1) PRESERVATION OF RECORDS. Every person
who manufactures, rectifies, distributes, imports, trans-
ports, stores, warehouses, or sells intoxicating liquor or
fermented malt beverages shall keep complete and accu-
rate records of all such liquor or malt beverages pur-
chased, sold, manufactured, rectified, brewed, fer-
mented, distilled, produced, stored, warehoused,
imported, or transported within this state. Such records
shall be of a kind and in the form prescribed by the secre-
tary and shall be safely preserved to ensure accessibility
for inspection by the secretary or by the division as pro-
vided in s. 125.025 (3). A person required to keep records
under this subsection may keep such records in electronic
form only.
SECTION 40o. 139.11 (1) of the statutes, as affected
by 2023 Wisconsin Act .... (this act), is amended to read:
139.11 (1) PRESERVATION OF RECORDS. Every person
who manufactures, rectifies, distributes, imports, trans-
ports, stores, warehouses, or sells intoxicating liquor or
fermented malt beverages shall keep complete and accu-
rate records of all such liquor or malt beverages pur-
chased, sold, manufactured, rectified, brewed, fer-
mented, distilled, produced, stored, warehoused,
imported, or transported within this state. Such records
shall be of a kind and in the form prescribed by the secre-
tary and shall be safely preserved to ensure accessibility
for inspection by the secretary or by the division as pro-
vided in s. 125.025 (3). A person required to keep records
under this subsection may keep such records in electronic
form only. Any common carrier or fulfillment house
required to submit reports under s. 125.22 or 125.23 shall
maintain, for 3 years, all records related to the reports or
otherwise required to be kept under this subsection.
SECTION 41. 139.11 (4) (a) (intro.) of the statutes is
amended to read:
139.11 (4) (a) (intro.) Sections 71.78 (1), (1g), (1m),
and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating to con-
fidentiality of income and franchise tax returns, apply to
any information obtained from any person on a fer-
mented malt beverage tax return, report, schedule,
exhibit, or other document or from an audit report relat-
ing to any of those documents, except that the department
of revenue shall publish the following:
SECTION 41b. 139.11 (4) (a) 2. of the statutes is
amended to read:
139.11 (4) (a) 2. A current list, available on paper and
on the department’s Internet site, providing detailed − 50 −2023 Wisconsin Act 2023 Senate Bill 268
information regarding every person issued a wholesalers
permit under s. 125.28, brewers permit under s. 125.29,
brewpub permit under s. 125.295, or out−of−state ship-
pers permit under s. 125.30. The information provided
under this subdivision shall include the name and address
of the permit holder and the date on which the department
division issued the permit.
SECTION 41c. 139.11 (4) (b) 2. of the statutes is
amended to read:
139.11 (4) (b) 2. A current and regularly updated list,
made available on paper and on the department’s Internet
website, of permit holders that minimally includes
detailed information on the name, address, contact per-
son, and date of permit issuance for every common car-
rier permit issued under s. 125.22, fulfillment house per-
mit issued under s. 125.23, manufacturer’s and rectifier’s
permit issued under s. 125.52, winery permit issued
under s. 125.53, direct wine shipper’s permit issued
under s. 125.535, wholesaler’s permit issued under s.
125.54, and out−of−state shipper’s permit issued under s.
125.58.
SECTION 41d. 139.22 of the statutes is amended to
read:
139.22 Confiscation. If a duly authorized employee
of the department of revenue or the department of justice
or any sheriff, police officer, marshal, or constable,
within his or her respective jurisdiction, discovers any
fermented malt beverages upon any premises other than
the premises of a brewer, brewpub, or bottler, or any
intoxicating liquor upon any premises other than the
premises of a manufacturer, rectifier, winery, or whole-
saler, and upon which the tax has not been paid or which
was possessed, kept, stored, manufactured, sold, distrib-
uted, or transported in violation of ss. 139.01 to 139.25
and ch. 125, the employee or any such officer may imme-
diately seize the fermented malt beverages or intoxicat-
ing liquors. Any such fermented malt beverages or
intoxicating liquors so seized shall be held transferred by
the department of revenue to the division and disposed of
under s. 125.14 (2) (e).
SECTION 41e. 139.25 (9) of the statutes is amended
to read:
139.25 (9) FAILURE TO KEEP RECORDS. Failure to com-
ply with s. 139.11 (1) shall carry a penalty of revocation
by the secretary of revenue division of the license or per-
mit.
SECTION 42. 139.38 (6) of the statutes is amended to
read:
139.38 (6) Sections 71.78 (1), (1g), (1m), and (4) to
(9) and 71.83 (2) (a) 3. and 3m., relating to confidentiality
of income and franchise tax returns, apply to any infor-
mation obtained from any person on a cigarette tax
return, report, schedule, exhibit, or other document or
from an audit report pertaining to the return, report,
schedule, exhibit, or document, except that the depart-
ment shall publish on its Internet site website, at least
quarterly, a current list of permits issued to distributors
and jobbers under s. 139.34 and include on the list the
name and address of the permit holder and the date on
which the department issued the permit.
SECTION 43. 139.44 (2) of the statutes is amended to
read:
139.44 (2) Any person who makes or signs any false
or fraudulent report or who attempts to evade the tax
imposed by s. 139.31 or 139.76, or who aids in or abets
the evasion or attempted evasion of that tax may be fined
not more than $10,000 or imprisoned for not more than
9 months or both.
SECTION 44. 139.44 (2m) of the statutes is created to
read:
139.44 (2m) Any person who evades or attempts to
evade, or who aids or abets the evasion or attempted eva-
sion of, a tax imposed under s. 139.31 or 139.76 is guilty
of the following:
(a) A Class A misdemeanor if the amount of the tax
is no more than $2,500.
(b) A Class I felony if the amount of the tax is more
than $2,500, but no more than $5,000.
(c) A Class H felony if the amount of the tax is more
than $5,000, but no more than $10,000.
(d) A Class G felony if the amount of the tax is more
than $10,000, but no more than $100,000.
(e) A Class F felony if the amount of the tax is more
than $100,000.
SECTION 45. 139.44 (8) (a) of the statutes is amended
to read:
139.44 (8) (a) If the number of cigarettes does not
exceed 6,000, a fine of 200, the person may be fined not
more than $200 or imprisonment imprisoned for not
more than 6 months or both.
SECTION 46. 139.44 (8) (am) of the statutes is created
to read:
139.44 (8) (am) If the number of cigarettes exceeds
200 but does not exceed 3,000, the person may be fined
not more than $1,000 or imprisoned for not more than one
year or both.
SECTION 47. 139.44 (8) (b) and (c) of the statutes are
amended to read:
139.44 (8) (b) If the number of cigarettes exceeds
6,000 3,000 but does not exceed 36,000, a fine of not
more than $1,000 or imprisonment for not more than one
year in the county jail or both 5,000, the person is guilty
of a Class I felony.
(c) If the number of cigarettes exceeds 36,000 5,000
but does not exceed 10,000, the person is guilty of a Class
I H felony.
SECTION 48. 139.44 (8) (d) of the statutes is created
to read:
139.44 (8) (d) If the number of cigarettes exceeds
10,000, the person is guilty of a Class F felony.
SECTION 49. 139.82 (6) of the statutes is amended to
read: − 51 − 2023 Wisconsin Act 2023 Senate Bill 268
139.82 (6) Sections 71.78 (1), (1g), (1m), and (4) to
(9) and 71.83 (2) (a) 3. and 3m., relating to confidentiality
of income and franchise tax returns, apply to any infor-
mation obtained from any person on a cigarette tax
return, report, schedule, exhibit, or other document or
from an audit report pertaining to the return, report,
schedule, exhibit, or document, except that the depart-
ment shall publish on its Internet site website, at least
quarterly, a current list of permits issued to distributors
and jobbers under s. 139.34 and include on the list the
name and address of the permit holder and the date on
which the department issued the permit.
SECTION 49c. 185.043 (2) of the statutes is amended
to read:
185.043 (2) If the cooperative is formed for purposes
of operating as a small winery cooperative wholesaler
under s. 125.545, 3 or more individuals, at least one of
whom must be a resident and all of which must be owners
of small wineries certified by the division of alcohol bev-
erages in the department of revenue under s. 125.545 (6)
(a), may form a cooperative by signing, acknowledging,
and filing articles. Membership in a cooperative formed
under this subsection is limited to small wineries certified
by the department of revenue division of alcohol bever-
ages under s. 125.545 (6) (a).
SECTION 49d. 185.043 (2) of the statutes, as affected
by 2023 Wisconsin Act .... (this act), is amended to read:
185.043 (2) If the cooperative is formed for purposes
of operating as a small winery cooperative wholesaler
under s. 125.545, 3 or more individuals, at least one of
whom must be a resident and all of which must be owners
of small wineries or small manufacturers certified by the
division of alcohol beverages in the department of rev-
enue under s. 125.545 (6) (a), may form a cooperative by
signing, acknowledging, and filing articles. Membership
in a cooperative formed under this subsection is limited
to small wineries or small manufacturers certified by the
division of alcohol beverages under s. 125.545 (6) (a).
SECTION 49e. 227.52 (1) of the statutes is amended
to read:
227.52 (1) Decisions of the department of revenue
other than decisions relating to alcohol beverage permits
issued under ch. 125.
SECTION 49f. 230.08 (2) (e) 11. of the statutes is
amended to read:
230.08 (2) (e) 11. Revenue — 7 8.
SECTION 50. 230.36 (1m) (b) 2. (intro.) of the statutes
is amended to read:
230.36 (1m) (b) 2. (intro.) A conservation warden,
conservation patrol boat captain, conservation patrol
boat engineer, member of the state patrol, state motor
vehicle inspector, University of Wisconsin System police
officer, security officer, or security person, other state
facilities police officer, special tax agent, excise tax
investigator special agent employed by the department of
revenue who is authorized to act under s. 73.031, and spe-
cial criminal investigation agent employed by the depart-
ment of justice at all times while:
SECTION 51. 230.36 (2m) (a) 9. of the statutes is
amended to read:
230.36 (2m) (a) 9. A excise tax investigator special
agent employed by the department of revenue who is
authorized to act under s. 73.031.
SECTION 51m. 346.657 (1) of the statutes, as affected
by 2023 Wisconsin Act 9, is amended to read:
346.657 (1) If a court imposes a fine or a forfeiture
for a violation of s. 346.62 or 346.63 (1) or (5), or a local
ordinance in conformity therewith, or s. 346.63 (2) or (6)
or 940.25, or s. 940.09 where the offense involved the use
of a vehicle, it shall impose a safe ride program surcharge
under ch. 814 in an amount of $50 $75 in addition to the
fine or forfeiture, plus costs, fees, and other surcharges
imposed under ch. 814.
SECTION 52. 565.01 (6c) of the statutes is created to
read:
565.01 (6c) “Special agent” means any employee of
the department authorized to act under s. 73.031.
SECTION 53. 565.02 (8) (e) of the statutes is renum-
bered 565.02 (9) (a).
SECTION 54. 565.02 (8) (f) of the statutes is renum-
bered 565.02 (9) (b) and amended to read:
565.02 (9) (b) If the division of criminal investigation
in the department of justice chooses not to investigate a
report under par. (e), coordinate Coordinate an investiga-
tion of the suspected gaming−related criminal activity
with local law enforcement officials and district attor-
neys.
SECTION 55. 565.02 (9) (intro.) of the statutes is cre-
ated to read:
565.02 (9) (intro.) The department may do all of the
following:
SECTION 56. 565.17 (5) (a) of the statutes is amended
to read:
565.17 (5) (a) No Except as provided under par. (d),
no employee in the lottery division of the department or
the secretary, deputy secretary, or assistant deputy secre-
tary of revenue and no member of such a person’s imme-
diate family, as defined in s. 19.42 (7), may purchase a
lottery ticket or lottery share.
SECTION 57. 565.17 (5) (d) of the statutes is created
to read:
565.17 (5) (d) An employee in the lottery division of
the department may purchase a lottery ticket or lottery
share if the purchase is on behalf of the lottery division
of the department and is a part of an official lottery inves-
tigation. No person may share or assign a lottery ticket
or lottery share purchased under this paragraph and no
person may claim any prize or winnings from a lottery
ticket or lottery share purchased under this paragraph.
SECTION 58. 565.40 (title) of the statutes is amended
to read: − 52 −2023 Wisconsin Act 2023 Senate Bill 268
565.40 (title) Department of justice enforcement
Enforcement authority.
SECTION 59. 565.40 (4) of the statutes is created to
read:
565.40 (4) POLICE POWERS. The department may
enforce violations of this chapter, and special agents may
exercise their arrest authority under s. 73.031 to enforce
violations of this chapter. This subsection does not
deprive or relieve other law enforcement or peace offi-
cers of the power and duty to enforce violations of this
chapter.
SECTION 60. 565.50 (2) of the statutes is amended to
read:
565.50 (2) Any person who alters or, forges, counter-
feits, or illegally obtains a lottery ticket or share or inten-
tionally utters or transfers an altered or, forged, counter-
feit, or illegally obtained lottery ticket or share is guilty
of a Class I felony.
SECTION 61. 565.50 (2m) of the statutes is created to
read:
565.50 (2m) Any person who claims a lottery prize
from a winning lottery ticket or share and then transfers
the same winning lottery ticket or share to another person
is guilty of a Class I felony.
SECTION 62. 565.50 (3) of the statutes is amended to
read:
565.50 (3) Any person who possesses an altered or,
forged, counterfeit, or illegally obtained lottery ticket or
share, or a winning lottery ticket or share for which the
prize has been previously claimed, with intent to defraud
shall be fined not more than $10,000 or imprisoned for
not more than 9 months or both.
SECTION 63. 565.50 (4) of the statutes is created to
read:
565.50 (4) Any person who transfers a lottery ticket
or share to another person, presents a transferred lottery
ticket or share for payment of a lottery prize, or claims a
lottery prize from a transferred ticket or share with intent
to avoid withholding under s. 565.30 (4), (5), (5m), or
(5r) shall be fined not more than $10,000 or imprisoned
for not more than 9 months or both.
SECTION 64. 946.82 (4) of the statutes, as affected by
2023 Wisconsin Act 10, is amended to read:
946.82 (4) “Racketeering activity” means any activ-
ity specified in 18 USC 1961 (1) in effect as of
April 27, 1982, or the attempt, conspiracy to commit, or
commission of any of the felonies specified in: chs. 945
and 961, subch. V of ch. 551, and ss. 49.49, 134.05,
139.44 (1), (2m), and (8), 180.0129, 181.0129, 185.825,
201.09 (2), 215.12, 221.0625, 221.0636, 221.0637,
221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19
(4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30,
940.302 (2), 940.305, 940.31, 941.20 (2) and (3), 941.26,
941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2),
(2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03,
943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e),
943.201, 943.203, 943.23 (2) and (3), 943.231 (1),
943.24 (2), 943.27, 943.28, 943.30, 943.32, 943.34 (1)
(bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b)
and (c), 943.50 (4) (bf), (bm), and (c) and (4m), 943.60,
943.70, 943.76, 943.81, 943.82, 943.83, 943.84, 943.85,
943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c)
and (e), 944.32, 944.34, 945.03 (1m), 945.04 (1m),
945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13,
946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64,
946.65, 946.72, 946.76, 946.79, 947.015, 948.05,
948.051, 948.08, 948.12, and 948.30.
SECTION 64a. 995.15 of the statutes is created to read:
995.15 Electronic vaping device directory. (1) In
this section:
(a) “Department” means the department of revenue.
(b) “Electronic vaping device” has the meaning
given in s. 134.65 (1a) (b).
(2) No later than July 1, 2025, and annually there-
after, every manufacturer of electronic vaping devices
that are sold in this state, either directly by the manufac-
turer or through a distributor, wholesaler, retailer, or sim-
ilar intermediary, shall certify to the department, on a
form and in the manner prescribed by the department,
that the manufacturer shall comply with this section and
that either of the following apply:
(a) The manufacturer has received a marketing
authorization or similar order for the electronic vaping
device from the U.S. food and drug administration pur-
suant to 21 USC 387j.
(b) The electronic vaping device was marketed in the
United States as of August 8, 2016, the manufacturer sub-
mitted a pre−market tobacco product application for the
electronic vaping device to the U.S. food and drug
administration pursuant to 21 USC 387j on or before Sep-
tember 9, 2020, and either the application remains under
review by the U.S. food and drug administration or a final
decision on the application has not otherwise taken
effect.
(3) At the time a manufacturer of electronic vaping
devices submits the form under sub. (2), a manufacturer
of electronic vaping devices shall submit, in the manner
prescribed by the department, a form that separately lists
each of the manufacturer’s electronic vaping devices that
are available for sale in this state. The manufacturer shall
submit with the form, and in each year thereafter, a pay-
ment equal to the number of devices listed on the form,
multiplied by $500.
(4) The submissions to the department under subs.
(2) and (3) shall include a copy of the marketing authori-
zation or similar order for the electronic vaping device
issued by the U.S. food and drug administration pursuant
to 21 USC 387j, as provided under sub. (2) (a), or evi-
dence that the pre−market tobacco product application
for the electronic vaping device was submitted to the U.S.
food and drug administration, as provided under sub. (2) − 53 − 2023 Wisconsin Act 2023 Senate Bill 268
(b), and a final decision on the application has not other-
wise taken effect.
(5) A manufacturer that is required to submit a certifi-
cation form under this section shall notify the department
within 30 days of any material change to the information
contained in the certification form, including the
issuance or denial of a marketing authorization or similar
order by the U.S. food and drug administration pursuant
to 21 USC 387j, as provided under sub. (2) (a), or any
other order or action by the U.S. food and drug adminis-
tration that affects the ability of the electronic vaping
device to be introduced or delivered into interstate com-
merce for commercial distribution in the United States.
(6) Beginning March 1, 2025, the department shall
maintain and make publicly available on its website a
directory that lists all electronic vaping device manufac-
turers and electronic vaping devices for which certifica-
tion forms have been submitted and shall update the
directory at least monthly to ensure accuracy.
(7) (a) The department shall provide manufacturers
notice and an opportunity to cure deficiencies in the
directory maintained under sub. (6) before removing
manufacturers or electronic vaping devices from the
directory. The department may remove a manufacturer
or the manufacturer’s devices from the directory no
sooner than 15 business days after the date on which the
department sends the manufacturer notice under this
paragraph. The department shall send the notice under
this paragraph by email or facsimile to the email address
or facsimile number provided by the manufacturer in the
manufacturer’s most recent certification submitted under
this section.
(b) A manufacturer that receives notice under par. (a)
has no more than 15 business days to respond to the notice
and provide sufficient information, as determined by the
department, in order for the manufacturer or the manu-
facturer’s electronic vaping devices to remain in the
directory maintained under sub. (6).
(c) A determination by the department to not include
or to remove from the directory maintained under sub. (6)
a manufacturer or an electronic vaping device shall be
subject to review by the filing of a civil action for
prospective declaratory or injunctive relief.
(8) If an electronic vaping device is removed from the
directory maintained under sub. (6), each retailer, distrib-
utor, and wholesaler that has such a device in its inven-
tory shall remove the device from its inventory no later
21 days after the date on which the device is removed
from the directory and return the device to the manufac-
turer for disposal. After 21 days following removal from
the directory, the electronic vaping devices of a manufac-
turer identified in the notice under sub. (7) (a) are subject
to seizure, forfeiture, and destruction, and may not be
purchased or sold in this state. The cost of such seizure,
forfeiture, and destruction shall be borne by the person
from whom the electronic vaping devices are confis-
cated.
(9) (a) Beginning March 1, 2025, or on the date that
the department first makes the directory maintained
under sub. (6) available for public inspection on its web-
site, whichever is later, the department shall impose on
each retailer who sells or offers for sale an electronic vap-
ing device in this state that is not included in the directory
a forfeiture of $1,000 per day for each electronic vaping
device offered for sale in violation of this section until
each such device is no longer offered for sale in this state
or until each such device is properly listed on the direc-
tory pursuant to this section.
(b) Beginning March 1, 2025, or on the date that the
department first makes the directory maintained under
sub. (6) available for public inspection on its website,
whichever is later, the department shall impose on each
manufacturer of an electronic vaping device that is sold
in this state, but not included in the directory a forfeiture
of $1,000 per day for each electronic vaping device
offered for sale in violation of this section until each such
device is no longer offered for sale in this state or until
each such device is properly listed on the directory pur-
suant to this section.
(c) Any retailer, distributor, wholesaler, or manufac-
turer who violates this section engages in an unfair and
deceptive trade practice in violation of s. 100.20.
(10) Section 139.82, as it applies to records and
inspections under subch. III of ch. 139, applies to records
and inspections under this section.
(11) (a) Any electronic vaping device sold, offered
for sale, or possessed for sale, in this state, in violation of
this section shall be deemed contraband and such devices
shall be subject to seizure in the manner provided under
s. 139.40 for the seizure of cigarettes. All electronic vap-
ing devices that are seized as provided under this para-
graph shall be destroyed and not resold.
(b) The duly authorized employees of the department
have all necessary police powers to prevent violations of
this section.
(12) (a) Upon request by the secretary of revenue, the
attorney general may represent this state or assist a dis-
trict attorney in prosecuting any case arising under this
section.
(b) The state shall be entitled to recover the costs of
investigation, expert witness fees, court costs, and rea-
sonable attorney fees for any action brought by the state
to enforce this section.
(13) Section 995.12 (3), as it applies to an agent for
service of process under s. 995.12, applies to an agent for
service of process under this section.
(14) The department may promulgate rules to admin-
ister this section.
(15) No later than July 1, 2026, and annually there-
after, the department shall provide a report to the legisla- − 54 −2023 Wisconsin Act 2023 Senate Bill 268
ture, as provided under s. 13.172 (2), regarding the status
of the directory maintained under sub. (6), manufacturers
and electronic vaping devices included in the directory,
revenue and expenditures related to administration of
this section, and enforcement activities undertaken pur-
suant to this section.
SECTION 64b. Tax 8.87 of the administrative code is
repealed.
SECTION 64c.0Nonstatutory provisions.
(1) TRANSFER OF ALCOHOL BEVERAGES REGULATION
AND ENFORCEMENT FUNCTIONS.
(a) Definitions. In this subsection:
1. “Department” means the department of revenue.
2. “Division” means the division of alcohol bever-
ages in the department.
3. “Secretary” means the secretary of revenue.
(b) Assets and liabilities. On the effective date of this
paragraph, the assets and liabilities of the department pri-
marily related to alcohol beverages regulation and
enforcement under ch. 125, as determined by the secre-
tary, become the assets and liabilities of the division.
(c) Tangible personal property. On the effective date
of this paragraph, all tangible personal property, includ-
ing records, of the department that is primarily related to
alcohol beverages regulation and enforcement under ch.
125, as determined by the secretary, is transferred to the
division.
(d) Contracts. All contracts entered into by the
department in effect on the effective date of this para-
graph that are primarily related to alcohol beverages reg-
ulation and enforcement under ch. 125, as determined by
the secretary, remain in effect and are transferred to the
division. The division shall carry out any obligations
under those contracts unless modified or rescinded by the
division to the extent allowed under the contract.
(e) Position and employee transfers. On the effective
date of this paragraph, all positions, and the incumbent
employees who hold those positions, in the department
with duties that are primarily related to alcohol beverages
regulation and enforcement under ch. 125, as determined
by the secretary, are transferred to the division.
(f) Employee status. Employees transferred under
par. (e) have all the rights and the same status under ch.
230 in the division that they enjoyed in the department
immediately before the transfer. Notwithstanding s.
230.28 (4), no employee transferred under par. (e) who
has attained permanent status in class is required to serve
a probationary period.
(g) Rules and orders. All rules promulgated by the
department that relate to alcohol beverages regulation
and enforcement under ch. 125 and that are in effect on
the effective date of this paragraph remain in effect until
their specified expiration dates or until amended or
repealed by the division. All orders issued by the depart-
ment that relate to alcohol beverages regulation and
enforcement under ch. 125 and that are in effect on the
effective date of this paragraph remain in effect until their
specified expiration dates or until modified or rescinded
by the division.
(h) Pending matters. Any matter pending with the
department on the effective date of this paragraph that is
primarily related to alcohol beverages regulation and
enforcement under ch. 125, as determined by the secre-
tary, is transferred to the division. All materials submit-
ted to or actions taken by the department with respect to
the pending matters are considered as having been sub-
mitted to or taken by the division.
(i) Fees. All fees established by the department
related to permits issued under ch. 125 that are in effect
on the day before the effective date of this paragraph shall
remain in effect until modified or rescinded by the divi-
sion.
(j) Secretary to develop plan for orderly transfer. The
secretary shall develop a plan for an orderly transfer from
the department to the division and shall resolve any dis-
agreement between the department and the division with
respect to any matter specified in this subsection. The
secretary’s plan for orderly transfer shall include the
transfer of positions under par. (e) plus the transfer of a
sufficient number of currently vacant authorized FTE
positions in the department to total 20.0 FTE positions in
the division as well as initial staffing assignments in the
division.
(2) TRANSITION; PERMIT ISSUER. On the effective date
of this subsection, any permit issued by the department
of revenue under ch. 125 prior to the effective date of this
subsection shall be considered to have been issued by the
division of alcohol beverages.
(3) EXPIRATION OF RETAIL LICENSES HELD BY PRODUC-
ERS. Notwithstanding s. 125.04 (11) (b), any retail license
issued under ch. 125 to a winery or a brewer shall expire
on the effective date of this subsection and the license
shall be nonrenewable.
(4) RETAIL CLOSING HOUR EXCEPTION FOR 2024
NATIONAL POLITICAL CONVENTION.
(a) In this subsection:
1. “Convention period” means the period beginning
on the first day of a national political convention held in
Milwaukee in the summer of 2024 until the day after the
convention’s last day.
2. “Municipality” has the meaning given in s. 125.02
(11).
3. “Southeast Wisconsin municipality” means a
municipality any part of which is located within
Kenosha, Racine, Walworth, Rock, Milwaukee, Wauke-
sha, Jefferson, Dane, Ozaukee, Washington, Dodge,
Columbia, Sheboygan, or Fond du Lac County.
(b) 1. Notwithstanding s. 125.32 (3) (a), but subject
to subds. 2. and 3., during the convention period, the clos-
ing hours for premises operating under a Class “B”
license issued by a southeast Wisconsin municipality
shall be between 4 a.m. and 6 a.m. − 55 − 2023 Wisconsin Act 2023 Senate Bill 268
2. A southeast Wisconsin municipality may establish
a process to designate, and may so designate, any licensee
holding a license issued by the southeast Wisconsin
municipality and to which subd. 1. would otherwise
apply as ineligible or disqualified for the extended clos-
ing hour specified in subd. 1.
3. Notwithstanding s. 125.32 (3) (d), a southeast Wis-
consin municipality may, by ordinance adopted after the
effective date of this subdivision, opt out of subd. 1. and
retain during the convention period the closing hours
specified in s. 125.32 (3) (a).
(c) 1. Notwithstanding s. 125.68 (4) (c) 1., but subject
to subds. 2. and 3., during the convention period, the clos-
ing hours for premises operating under a “Class B” or
“Class C” license issued by a southeast Wisconsin
municipality shall be between 4 a.m. and 6 a.m.
2. A southeast Wisconsin municipality may establish
a process to designate, and may so designate, any licensee
holding a license issued by the southeast Wisconsin
municipality and to which subd. 1. would otherwise
apply as ineligible or disqualified for the extended clos-
ing hour specified in subd. 1.
3. Notwithstanding s. 125.68 (4) (c) 5., a southeast
Wisconsin municipality may, by ordinance adopted after
the effective date of this subdivision, opt out of subd. 1.
and retain during the convention period the closing hours
specified in s. 125.68 (4) (c) 1.
(d) 1. Notwithstanding ss. 125.29 (8) (a), 125.52 (5)
(a), and 125.53 (4) (a), but subject to subds. 2. and 3., dur-
ing the convention period, the closing hours for a full−
service retail outlet under s. 125.29 (7), 125.52 (4), or
125.53 (3), and the on−premises sales hours on brewery
premises, manufacturing or rectifying premises, and
winery premises, operating in a southeast Wisconsin
municipality shall be between 4 a.m. and 6 a.m.
2. A southeast Wisconsin municipality may establish
a process to designate, and may so designate, premises in
the municipality of any permittee under s. 125.29,
125.52, or 125.53 to which subd. 1. would otherwise
apply as ineligible or disqualified for the extended clos-
ing hour specified in subd. 1.
3. A southeast Wisconsin municipality may, by ordi-
nance adopted after the effective date of this subdivision,
opt out of subd. 1. and retain during the convention period
the closing hours specified in ss. 125.29 (8) (a), 125.52
(5) (a), and 125.53 (4) (a), as unaffected by par. (b).
(5m) TRANSITION; INITIAL IMPLEMENTATION AUTHOR-
ITY. The administrator of the division of income, sales
and excise tax in the department of revenue shall have
interim authority to undertake all measures necessary to
implement the changes in this act by the effective date of
each change, including taking action in preparation for
the creation of a division of alcohol beverages and
appointment of a division administrator and bureau
directors.
SECTION 64d.0Initial applicability.
(1) SAFE RIDE SURCHARGE. The treatment of s.
346.657 (1) first applies to violations committed on the
effective date of this subsection.
(2) JURISDICTION OVER OUT−OF−STATE PERMITTEES.
The treatment of s. 125.535 (3) (b) 3., (c), (d), and (e), the
renumbering of s. 125.58 (2), the renumbering and
amendment of s. 125.30 (3), the amendment of s. 125.30
(2), and the creation of ss. 125.30 (2) (d) and (3) (b) and
125.58 (2) (b) and (c) first apply with respect to permits
issued after the effective date of this subsection.
SECTION 65.0Effective dates. This act takes effect on
the first day of the 5th month beginning after publication,
except as follows:
(1) RETAIL SALE OF ELECTRONIC VAPING DEVICES. The
treatment of ss. 134.65 (title), (1), (1g), (1r), (2m), (3m),
(4), (5m), and (8) and 134.66 (1) (g), the renumbering and
amendment of s. 134.65 (1m), and the creation of s.
134.65 (1m) (a) 1. and 2. and (b) take effect on the 90th
day after the day of publication.
(2m) DOR ENFORCEMENT; ALCOHOL VAPOR DEVICES.
The treatment of ss. 40.02 (48) (am) 19. and (c), 71.78
(1), (1g), (4) (b) and (v), (5), and (6), 71.83 (6), 72.06,
73.03 (51b), 73.031, 77.61 (5) (am), (b) 2. and 15., (c),
and (d), 78.80 (3), 125.02 (1c), 125.09 (8), 134.65 (1a),
139.11 (4) (a) (intro.), 139.38 (6), 139.44 (2), (2m), and
(8) (a), (am), (b), (c), and (d), 139.82 (6), 230.36 (1m) (b)
2. (intro.) and (2m) (a) 9., 565.01 (6c), 565.02 (9) (intro.),
565.17 (5) (a) and (d), 565.40 (title) and (4), 565.50 (2),
(2m), (3), and (4), 946.82 (4), and 995.15, the renumber-
ing of s. 565.02 (8) (e), and the renumbering and amend-
ment of s. 565.02 (8) (f) take effect on the day after publi-
cation.
(3m) TRANSITION; INITIAL IMPLEMENTATION AUTHOR-
ITY. SECTION 64c of this act takes effect on the day after
publication.
(4m) FULFILLMENT HOUSES AND COMMON CARRIERS.
The treatment of ss. 125.02 (6d), 125.025 (3) (by SECTION
21m), 125.12 (5) (a) (by SECTION 25L), 125.22, 125.23,
125.535 (7), 125.68 (10) (a) and (b), 139.08 (5), and
139.11 (1) (by SECTION 40o) and (4) (b) 2. takes effect on
the first day of the 13th month beginning after publica-
tion.
(5m) NEW PERMIT FEES. The treatment of s. 125.04
(8) (title), the renumbering of s. 125.04 (8), and the cre-
ation of s. 125.04 (8) (b) take effect on the first day of the
13th month beginning after publication.
(6m) COOPERATIVE WHOLESALERS. The treatment of
ss. 125.545 (title), (1) (a), (ar), (cm), (d), (e), and (em), (2)
(a) 1., 3. b., and 4., (b), and (c), (3) (a) 2. (by SECTION
26hc) and 2m., (b), and (c), (4), (6) (a) 1. (by SECTION
26hk), 2m., 3m., and 4. (by SECTION 26hq), and (7) (by
SECTION 26ht) and 185.043 (2) (by SECTION 49d) takes
effect on the first day of the 13th month beginning after
publication.
(7m) OPERATOR’S PERMIT. The treatment of ss. 125.02
(14m) (by SECTION 21g), 125.04 (3) (a) (intro.) (by SEC- − 56 −2023 Wisconsin Act 2023 Senate Bill 268
TION 21rm) and (5) (a) 5. (by SECTION 23h) and (d) 1., 2.,
and 3. a., 125.045 (2) (a) (by SECTION 24g), 125.06 (3g),
125.07 (3) (a) 10., 125.175, 125.26 (2m) and (2s) (b),
125.32 (2) (by SECTION 26dy), 125.51 (3) (bm) and (bs)
2., 125.68 (2) (by SECTION 26jt), and 139.01 (4) (by SEC-
TION 40d) takes effect on the first day of the 13th month
beginning after publication.
(8m) NO−FEE EVENT VENUE PERMITS; CONSUMPTION OF
ALCOHOL IN PUBLIC PLACES. The treatment of ss. 125.02
(14m) (by SECTION 21h), 125.09 (1) (b) and (c), 125.24,
125.51 (4) (v) 5., and 139.01 (4) (by SECTION 40e), the
renumbering and amendment of s. 125.09 (1), the amend-
ment of ss. 125.04 (8) (b) and 125.20 (5) (c) and (d), and
the creation of ss. 125.28 (2) (b) 1. j., 125.29 (2) (a) 6.,
125.295 (2) (a) 6. g., 125.30 (3) (c) 5., and 125.69 (1) (a)
5., (b) 5m., (c) 9., and (d) 5. take effect on the first day of
the 25th month beginning after publication.
(9m) ADMINISTRATIVE RULES. The repeal of s. Tax
8.87, Wis. Adm. Code, takes effect as provided in s.
227.265.