| 444 | | - | (3) INSPECTION FOR ENFORCEMENT. Duly authorized |
|---|
| 445 | | - | employees of the department of justice and the division |
|---|
| 446 | | - | and any sheriff, police officer, marshal, or constable, |
|---|
| 447 | | - | within their respective jurisdictions, may, during normal |
|---|
| 448 | | - | business hours, enter any licensed premises, and examine − 6 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 449 | | - | the books, papers, and records of any brewer, brewpub, |
|---|
| 450 | | - | manufacturer, rectifier, wholesaler, or retailer and may |
|---|
| 451 | | - | inspect and examine, according to law, any premises |
|---|
| 452 | | - | where fermented malt beverages or intoxicating liquors |
|---|
| 453 | | - | are manufactured, sold, exposed for sale, possessed, or |
|---|
| 454 | | - | stored, for the purpose of inspecting the same and deter- |
|---|
| 455 | | - | mining whether this chapter is being complied with. Any |
|---|
| 456 | | - | refusal to permit such examination of such premises is |
|---|
| 457 | | - | sufficient grounds under s. 125.12 for revocation or sus- |
|---|
| 458 | | - | pension of any license or permit issued under this chapter |
|---|
| 459 | | - | and is punishable under s. 125.11 (3). |
|---|
| 460 | | - | (4) LIST OF PERMITTEES. The division shall provide |
|---|
| 461 | | - | the department with all information necessary for the |
|---|
| 462 | | - | department to publish the information specified in s. |
|---|
| 463 | | - | 139.11 (4) (a) 2. and (b) 2. |
|---|
| 464 | | - | SECTION 21m. 125.025 (3) of the statutes, as created |
|---|
| 465 | | - | by 2023 Wisconsin Act .... (this act), is amended to read: |
|---|
| 466 | | - | 125.025 (3) INSPECTION FOR ENFORCEMENT. Duly |
|---|
| 467 | | - | authorized employees of the department of justice and |
|---|
| 468 | | - | the division and any sheriff, police officer, marshal, or |
|---|
| 469 | | - | constable, within their respective jurisdictions, may, dur- |
|---|
| 470 | | - | ing normal business hours, enter any licensed premises, |
|---|
| 471 | | - | and examine the books, papers, and records of any |
|---|
| 472 | | - | brewer, brewpub, manufacturer, rectifier, wholesaler, or |
|---|
| 473 | | - | retailer, fulfillment house, or common carrier and may |
|---|
| 474 | | - | inspect and examine, according to law, any premises |
|---|
| 475 | | - | where fermented malt beverages or intoxicating liquors |
|---|
| 476 | | - | are manufactured, sold, exposed for sale, possessed, or |
|---|
| 477 | | - | stored, for the purpose of inspecting the same and deter- |
|---|
| 478 | | - | mining whether this chapter is being complied with. Any |
|---|
| 479 | | - | refusal to permit such examination of such premises is |
|---|
| 480 | | - | sufficient grounds under s. 125.12 for revocation or sus- |
|---|
| 481 | | - | pension of any license or permit issued under this chapter |
|---|
| 482 | | - | and is punishable under s. 125.11 (3). |
|---|
| 483 | | - | SECTION 21n. 125.03 (title) of the statutes is |
|---|
| 484 | | - | amended to read: |
|---|
| 485 | | - | 125.03 (title) Department Division rule making. |
|---|
| 486 | | - | SECTION 21o. 125.03 (1) (a) of the statutes is |
|---|
| 487 | | - | amended to read: |
|---|
| 488 | | - | 125.03 (1) (a) The department, in furtherance of |
|---|
| 489 | | - | effective control, division may promulgate rules consis- |
|---|
| 490 | | - | tent with this chapter and ch. 139 to carry out the divi- |
|---|
| 491 | | - | sion’s duties under this chapter. |
|---|
| 492 | | - | SECTION 21p. 125.03 (1) (b) of the statutes is |
|---|
| 493 | | - | amended to read: |
|---|
| 494 | | - | 125.03 (1) (b) The department division shall promul- |
|---|
| 495 | | - | gate rules providing for registration of wine collectors |
|---|
| 496 | | - | and establishing standards of eligibility for registration |
|---|
| 497 | | - | as a wine collector. The rules shall also specify the form |
|---|
| 498 | | - | and manner of notice required under s. 125.06 (11m). |
|---|
| 499 | | - | SECTION 21q. 125.03 (2) of the statutes is amended |
|---|
| 500 | | - | to read: |
|---|
| 501 | | - | 125.03 (2) CONTAINERS. The department division |
|---|
| 502 | | - | may by rule prescribe the standard size, form, or charac- |
|---|
| 503 | | - | ter of any container in which intoxicating liquor may be |
|---|
| 504 | | - | sold in this state except that the department division may |
|---|
| 505 | | - | not set the size of containers in which intoxicating liquor, |
|---|
| 506 | | - | except wine containing not more than 21 percent of alco- |
|---|
| 507 | | - | hol by volume, may be sold at a capacity greater than 1.75 |
|---|
| 508 | | - | liters (59.1752 fluid ounces). |
|---|
| 509 | | - | SECTION 21r. 125.04 (3) (a) (intro.) of the statutes is |
|---|
| 510 | | - | amended to read: |
|---|
| 511 | | - | 125.04 (3) (a) Contents. (intro.) The department |
|---|
| 512 | | - | division shall prepare an application form for each kind |
|---|
| 513 | | - | of license, other than a manager’s or operator’s license, |
|---|
| 514 | | - | and for each kind of permit issued under this chapter. |
|---|
| 515 | | - | Each form shall require all of the following information: |
|---|
| 516 | | - | SECTION 21rm. 125.04 (3) (a) (intro.) of the statutes, |
|---|
| 517 | | - | as affected by 2023 Wisconsin Act .... (this act), is |
|---|
| 518 | | - | amended to read: |
|---|
| 519 | | - | 125.04 (3) (a) Contents. (intro.) The division shall |
|---|
| 520 | | - | prepare an application form for each kind of license, |
|---|
| 521 | | - | other than a manager’s or operator’s license, and for each |
|---|
| 522 | | - | kind of permit issued under this chapter. Each form, |
|---|
| 523 | | - | except an operator’s permit form, shall require all of the |
|---|
| 524 | | - | following information: |
|---|
| 525 | | - | SECTION 21s. 125.04 (3) (a) 1. of the statutes is |
|---|
| 526 | | - | amended to read: |
|---|
| 527 | | - | 125.04 (3) (a) 1. A history of the applicant relevant |
|---|
| 528 | | - | to the applicant’s fitness to hold a license or permit, |
|---|
| 529 | | - | including whether the applicant is a restricted investor |
|---|
| 530 | | - | requiring disclosure under s. 125.20 (6) (a) 5. and the |
|---|
| 531 | | - | basis of this status. |
|---|
| 532 | | - | SECTION 21t. 125.04 (3) (b) of the statutes is |
|---|
| 533 | | - | amended to read: |
|---|
| 534 | | - | 125.04 (3) (b) Application for renewing. The depart- |
|---|
| 535 | | - | ment division may prepare a simplified application form |
|---|
| 536 | | - | for renewal of each kind of license or permit which |
|---|
| 537 | | - | requires only information pertinent to renewal. |
|---|
| 538 | | - | SECTION 21u. 125.04 (3) (bm) (intro.) of the statutes |
|---|
| 539 | | - | is amended to read: |
|---|
| 540 | | - | 125.04 (3) (bm) Signature on, and notarization of, |
|---|
| 541 | | - | forms. (intro.) The application forms prepared by the |
|---|
| 542 | | - | department division for a license or permit under this |
|---|
| 543 | | - | chapter may not require any of the following: |
|---|
| 544 | | - | SECTION 21v. 125.04 (3) (c) of the statutes is |
|---|
| 545 | | - | amended to read: |
|---|
| 546 | | - | 125.04 (3) (c) Distribution. The department division |
|---|
| 547 | | - | shall make one copy of each kind of license application |
|---|
| 548 | | - | that it prepares available to each municipality. |
|---|
| 549 | | - | SECTION 21w. 125.04 (3) (d) 1. of the statutes is |
|---|
| 550 | | - | amended to read: |
|---|
| 551 | | - | 125.04 (3) (d) 1. An application form prepared by the |
|---|
| 552 | | - | department division shall be used by each applicant for |
|---|
| 553 | | - | a permit. |
|---|
| 554 | | - | SECTION 21x. 125.04 (3) (d) 2. of the statutes is |
|---|
| 555 | | - | amended to read: |
|---|
| 556 | | - | 125.04 (3) (d) 2. A replica of an application form pre- |
|---|
| 557 | | - | pared by the department division shall be used by each |
|---|
| 558 | | - | applicant for a license, other than a manager’s or opera- |
|---|
| 559 | | - | tor’s license. − 7 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 560 | | - | SECTION 21y. 125.04 (3) (e) 2. of the statutes is |
|---|
| 561 | | - | amended to read: |
|---|
| 562 | | - | 125.04 (3) (e) 2. The applicant shall file the applica- |
|---|
| 563 | | - | tion for a permit with the department division. |
|---|
| 564 | | - | SECTION 22. 125.04 (3) (h) of the statutes is amended |
|---|
| 565 | | - | to read: |
|---|
| 566 | | - | 125.04 (3) (h) Subsequent changes. Within 10 30 |
|---|
| 567 | | - | days of any change in any fact set out in an application for |
|---|
| 568 | | - | a license or permit to sell alcohol beverages, the licensee |
|---|
| 569 | | - | or permittee shall file with the issuing authority a written |
|---|
| 570 | | - | description of the changed fact, including any change in |
|---|
| 571 | | - | restricted investors under s. 125.20 (6) (a) 5. |
|---|
| 572 | | - | SECTION 22g. 125.04 (3) (j) of the statutes is |
|---|
| 573 | | - | amended to read: |
|---|
| 574 | | - | 125.04 (3) (j) Penalty for materially false application |
|---|
| 575 | | - | information, affidavit representation. Any person who |
|---|
| 576 | | - | knowingly provides materially false information in an |
|---|
| 577 | | - | application for a license or permit under this chapter or |
|---|
| 578 | | - | on a form under par. (k), and any person who materially |
|---|
| 579 | | - | violates any representation made in an affidavit under s. |
|---|
| 580 | | - | 125.20 (6) (a) 6. or (c) 4., may be required to forfeit not |
|---|
| 581 | | - | more than $1,000. |
|---|
| 582 | | - | SECTION 22m. 125.04 (3) (k) of the statutes is created |
|---|
| 583 | | - | to read: |
|---|
| 584 | | - | 125.04 (3) (k) Approval of full−service retail outlets. |
|---|
| 585 | | - | The division shall prepare a form for use by a brewer, |
|---|
| 586 | | - | winery, manufacturer, or rectifier to request approval for |
|---|
| 587 | | - | a full−service retail outlet under s. 125.29 (7) (d) 1., |
|---|
| 588 | | - | 125.52 (4) (d) 1., or 125.53 (3) (d) 1. The form shall be |
|---|
| 589 | | - | similar to the form for a retail license application under |
|---|
| 590 | | - | par. (a). An applicant shall use the form to submit a |
|---|
| 591 | | - | request for approval of a full−service retail outlet under |
|---|
| 592 | | - | s. 125.29 (7) (d) 1., 125.52 (4) (d) 1., or 125.53 (3) (d) 1. |
|---|
| 593 | | - | SECTION 23. 125.04 (4) of the statutes is amended to |
|---|
| 594 | | - | read: |
|---|
| 595 | | - | 125.04 (4) LIST OF LICENSEES. By July 15 annually, |
|---|
| 596 | | - | the clerk of a municipality issuing licenses shall mail to |
|---|
| 597 | | - | the department division a list containing the name, |
|---|
| 598 | | - | address, and trade name of each person holding a license |
|---|
| 599 | | - | issued by that municipality, other than a manager’s or |
|---|
| 600 | | - | operator’s license or a license issued under s. 125.26 (6), |
|---|
| 601 | | - | the type of license held, and, if the person holding the |
|---|
| 602 | | - | license is a corporation or limited liability company, the |
|---|
| 603 | | - | name of the agent appointed under sub. (6). The division |
|---|
| 604 | | - | shall annually publish this list on the division’s website. |
|---|
| 605 | | - | SECTION 23g. 125.04 (5) (a) 5. of the statutes is |
|---|
| 606 | | - | amended to read: |
|---|
| 607 | | - | 125.04 (5) (a) 5. Have successfully completed within |
|---|
| 608 | | - | the 2 years prior to the date of application a responsible |
|---|
| 609 | | - | beverage server training course at any location that is |
|---|
| 610 | | - | offered by a technical college district and that conforms |
|---|
| 611 | | - | to curriculum guidelines specified by the technical col- |
|---|
| 612 | | - | lege system board or a comparable training course that is |
|---|
| 613 | | - | approved by the department division or the department of |
|---|
| 614 | | - | safety and professional services. This subdivision does |
|---|
| 615 | | - | not apply to an applicant who held, or who was an agent |
|---|
| 616 | | - | appointed and approved under sub. (6) of a corporation |
|---|
| 617 | | - | or limited liability company that held, within the past 2 |
|---|
| 618 | | - | years, a Class “A”, “Class A” or “Class C” license or a |
|---|
| 619 | | - | Class “B” or “Class B” license or permit or a manager’s |
|---|
| 620 | | - | or operator’s license. |
|---|
| 621 | | - | SECTION 23h. 125.04 (5) (a) 5. of the statutes, as |
|---|
| 622 | | - | affected by 2023 Wisconsin Act .... (this act), is amended |
|---|
| 623 | | - | to read: |
|---|
| 624 | | - | 125.04 (5) (a) 5. Have successfully completed within |
|---|
| 625 | | - | the 2 years prior to the date of application a responsible |
|---|
| 626 | | - | beverage server training course at any location that is |
|---|
| 627 | | - | offered by a technical college district and that conforms |
|---|
| 628 | | - | to curriculum guidelines specified by the technical col- |
|---|
| 629 | | - | lege system board or a comparable training course that is |
|---|
| 630 | | - | approved by the division or the department of safety and |
|---|
| 631 | | - | professional services. This subdivision does not apply to |
|---|
| 632 | | - | an applicant who held, or who was an agent appointed |
|---|
| 633 | | - | and approved under sub. (6) of a corporation or limited |
|---|
| 634 | | - | liability company that held, within the past 2 years, a |
|---|
| 635 | | - | Class “A”, “Class A” or “Class C” license or a Class “B” |
|---|
| 636 | | - | or “Class B” license or permit or a manager’s or opera- |
|---|
| 637 | | - | tor’s license, or an operator’s permit . |
|---|
| 638 | | - | SECTION 23j. 125.04 (5) (d) 1. of the statutes is |
|---|
| 639 | | - | amended to read: |
|---|
| 640 | | - | 125.04 (5) (d) 1. Paragraph (a) 2. does not apply to |
|---|
| 641 | | - | applicants for operators’ licenses issued under s. 125.17, |
|---|
| 642 | | - | to applicants for operators’ permits issued under s. |
|---|
| 643 | | - | 125.175, or to applicants for managers’ licenses issued |
|---|
| 644 | | - | under s. 125.18. Managers’ licenses may be issued only |
|---|
| 645 | | - | to applicants who are residents of this state at the time of |
|---|
| 646 | | - | issuance. |
|---|
| 647 | | - | SECTION 23k. 125.04 (5) (d) 2. of the statutes is |
|---|
| 648 | | - | amended to read: |
|---|
| 649 | | - | 125.04 (5) (d) 2. Paragraph (a) 3. does not apply to |
|---|
| 650 | | - | applicants for operators’ licenses under s. 125.17 or to |
|---|
| 651 | | - | applicants for operators’ permits under s. 125.175. Oper- |
|---|
| 652 | | - | ators’ licenses and operators’ permits may be issued only |
|---|
| 653 | | - | to applicants who have attained the age of 18. |
|---|
| 654 | | - | SECTION 23m. 125.04 (5) (d) 3. a. of the statutes is |
|---|
| 655 | | - | amended to read: |
|---|
| 656 | | - | 125.04 (5) (d) 3. a. Applicants for operators’ licenses |
|---|
| 657 | | - | under s. 125.17 and for operators’ permits under s. |
|---|
| 658 | | - | 125.175. |
|---|
| 659 | | - | SECTION 23n. 125.04 (6) (g) of the statutes is |
|---|
| 660 | | - | amended to read: |
|---|
| 661 | | - | 125.04 (6) (g) Forms. If the department division or |
|---|
| 662 | | - | any municipality prepares a form relating to the appoint- |
|---|
| 663 | | - | ment of an agent under this subsection, including any |
|---|
| 664 | | - | cancellation of an appointment or appointment of a suc- |
|---|
| 665 | | - | cessor agent, the form may not require the signature of |
|---|
| 666 | | - | more than one person signing on behalf of the corpora- |
|---|
| 667 | | - | tion or limited liability company submitting the form. |
|---|
| 668 | | - | SECTION 23o. 125.04 (8) (title) of the statutes is |
|---|
| 669 | | - | amended to read: |
|---|
| 670 | | - | 125.04 (8) (title) PAYMENT OF LICENSE FEE; PERMIT |
|---|
| 671 | | - | FEES. − 8 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 672 | | - | SECTION 23p. 125.04 (8) of the statutes is renum- |
|---|
| 673 | | - | bered 125.04 (8) (a). |
|---|
| 674 | | - | SECTION 23q. 125.04 (8) (b) of the statutes is created |
|---|
| 675 | | - | to read: |
|---|
| 676 | | - | 125.04 (8) (b) Unless the department established a |
|---|
| 677 | | - | different permit fee before the effective date of this para- |
|---|
| 678 | | - | graph .... [LRB inserts date], and except as provided in ss. |
|---|
| 679 | | - | 125.175 (3), 125.22 (1) (e), 125.23 (1) (c), 125.27 (5) (f), |
|---|
| 680 | | - | 125.28 (4), 125.295 (4), 125.51 (5) (f) 5., 125.535 (2), |
|---|
| 681 | | - | and 125.65 (10), the division shall charge an annual fee |
|---|
| 682 | | - | of $500 for each permit issued by the division under this |
|---|
| 683 | | - | chapter. |
|---|
| 684 | | - | SECTION 23r. 125.04 (8) (b) of the statutes, as created |
|---|
| 685 | | - | by 2023 Wisconsin Act .... (this act), is amended to read: |
|---|
| 686 | | - | 125.04 (8) (b) Unless the department established a |
|---|
| 687 | | - | different permit fee before the effective date of this para- |
|---|
| 688 | | - | graph .... [LRB inserts date], and except as provided in ss. |
|---|
| 689 | | - | 125.175 (3), 125.22 (1) (e), 125.23 (1) (c), 125.24 (1) (e), |
|---|
| 690 | | - | 125.27 (5) (f), 125.28 (4), 125.295 (4), 125.51 (5) (f) 5., |
|---|
| 691 | | - | 125.535 (2), and 125.65 (10), the division shall charge an |
|---|
| 692 | | - | annual fee of $500 for each permit issued by the division |
|---|
| 693 | | - | under this chapter. |
|---|
| 694 | | - | SECTION 24. 125.04 (8m) of the statutes is created to |
|---|
| 695 | | - | read: |
|---|
| 696 | | - | 125.04 (8m) PAYMENT OF CRIMINAL HISTORY FEES. |
|---|
| 697 | | - | Any fees incurred by the division under s. 165.82 (1) (am) |
|---|
| 698 | | - | for purposes of verifying a permit applicant’s eligibility |
|---|
| 699 | | - | under sub. (5) (a) 1. and (b) shall be paid by the applicant |
|---|
| 700 | | - | to the division upon application for the permit. |
|---|
| 701 | | - | SECTION 24c. 125.04 (12) (a) of the statutes is |
|---|
| 702 | | - | amended to read: |
|---|
| 703 | | - | 125.04 (12) (a) From place to place. Every alcohol |
|---|
| 704 | | - | beverage license or permit may be transferred to another |
|---|
| 705 | | - | place or premises within the same municipality. An alco- |
|---|
| 706 | | - | hol beverage warehouse permit under s. 125.19, a winery |
|---|
| 707 | | - | permit under s. 125.53, or an intoxicating liquor a whole- |
|---|
| 708 | | - | saler’s permit under s. 125.28 or 125.54 may be trans- |
|---|
| 709 | | - | ferred to another premises within this state. Transfers |
|---|
| 710 | | - | shall be made by the issuing authority upon payment of |
|---|
| 711 | | - | a fee of $10 to the issuing authority. No retail licensee, |
|---|
| 712 | | - | retail permittee, intoxicating liquor wholesaler permit- |
|---|
| 713 | | - | tee, or holder of a warehouse or winery permit is entitled |
|---|
| 714 | | - | to more than one transfer during the license or permit |
|---|
| 715 | | - | year. This paragraph does not apply to a license issued |
|---|
| 716 | | - | under s. 125.51 (4) (v) or to a reserve “Class B” license, |
|---|
| 717 | | - | as defined in s. 125.51 (4) (a). |
|---|
| 718 | | - | SECTION 24d. 125.045 (title) of the statutes is |
|---|
| 719 | | - | amended to read: |
|---|
| 720 | | - | 125.045 (title) Booklet for licensees and permit- |
|---|
| 721 | | - | tees; safe ride program information. |
|---|
| 722 | | - | SECTION 24e. 125.045 (1) of the statutes is amended |
|---|
| 723 | | - | to read: |
|---|
| 724 | | - | 125.045 (1) The department division shall prepare a |
|---|
| 725 | | - | booklet explaining the state statutes and rules relating to |
|---|
| 726 | | - | the retail sale of alcohol beverages, written concisely in |
|---|
| 727 | | - | language which is clearly understood by those required |
|---|
| 728 | | - | to utilize it. |
|---|
| 729 | | - | SECTION 24f. 125.045 (2) of the statutes is renum- |
|---|
| 730 | | - | bered 125.045 (2) (a) and amended to read: |
|---|
| 731 | | - | 125.045 (2) (a) The department division shall pro- |
|---|
| 732 | | - | vide a copy of the booklet under sub. (1) free of charge |
|---|
| 733 | | - | to each person issued a permit, including a renewal, |
|---|
| 734 | | - | under s. 125.27 or 125.51 (5). The department division |
|---|
| 735 | | - | shall provide the booklet for a charge not to exceed cost, |
|---|
| 736 | | - | as provided under s. 20.908, to municipalities. |
|---|
| 737 | | - | SECTION 24g. 125.045 (2) (a) of the statutes, as |
|---|
| 738 | | - | affected by 2023 Wisconsin Act .... (this act), is amended |
|---|
| 739 | | - | to read: |
|---|
| 740 | | - | 125.045 (2) (a) The division shall provide a copy of |
|---|
| 741 | | - | the booklet under sub. (1) free of charge to each person |
|---|
| 742 | | - | issued a permit, including a renewal, under s. 125.175, |
|---|
| 743 | | - | 125.27, or 125.51 (5). The division shall provide the |
|---|
| 744 | | - | booklet for a charge not to exceed cost, as provided under |
|---|
| 745 | | - | s. 20.908, to municipalities. |
|---|
| 746 | | - | SECTION 24h. 125.045 (2) (b) of the statutes is cre- |
|---|
| 747 | | - | ated to read: |
|---|
| 748 | | - | 125.045 (2) (b) The division shall provide to each |
|---|
| 749 | | - | person initially issued a permit under s. 125.27 or 125.51 |
|---|
| 750 | | - | (5) information regarding the safe ride program |
|---|
| 751 | | - | described in s. 85.55. |
|---|
| 752 | | - | SECTION 24i. 125.045 (3) of the statutes is renum- |
|---|
| 753 | | - | bered 125.045 (3) (a) and amended to read: |
|---|
| 754 | | - | 125.045 (3) (a) A municipality shall provide a copy |
|---|
| 755 | | - | of the booklet under sub. (1) to each person issued a |
|---|
| 756 | | - | license, including a renewal, under s. 125.17, 125.18, |
|---|
| 757 | | - | 125.25, 125.26 or 125.51 (1) by the municipality unless |
|---|
| 758 | | - | the municipality requires the person to complete an |
|---|
| 759 | | - | instructional program which includes the subject matter |
|---|
| 760 | | - | of the booklet or unless the person completes the program |
|---|
| 761 | | - | under s. 125.04 (5) (a) 5. or 125.17 (6). This section does |
|---|
| 762 | | - | not preclude a municipality from charging a fee for such |
|---|
| 763 | | - | a program. A municipality may charge for the booklet in |
|---|
| 764 | | - | an amount not to exceed the amount charged by the |
|---|
| 765 | | - | department division under sub. (2) (a). |
|---|
| 766 | | - | SECTION 24j. 125.045 (3) (b) of the statutes is created |
|---|
| 767 | | - | to read: |
|---|
| 768 | | - | 125.045 (3) (b) A municipality shall provide to each |
|---|
| 769 | | - | person initially issued a license under s. 125.26 (1) or |
|---|
| 770 | | - | 125.51 (3) or (3m) information regarding the safe ride |
|---|
| 771 | | - | program described in s. 85.55. |
|---|
| 772 | | - | SECTION 24k. 125.06 (1) of the statutes is amended |
|---|
| 773 | | - | to read: |
|---|
| 774 | | - | 125.06 (1) BREWERS’ PREMISES. The furnishing, by |
|---|
| 775 | | - | brewers, of fermented malt beverages free of charge to |
|---|
| 776 | | - | customers, visitors, and employees on the brewery |
|---|
| 777 | | - | premises if the fermented malt beverages are consumed |
|---|
| 778 | | - | on the brewery premises and are not furnished or con- |
|---|
| 779 | | - | sumed in or near any room or place where intoxicating |
|---|
| 780 | | - | liquor is sold. − 9 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 781 | | - | SECTION 24m. 125.06 (3g) of the statutes is amended |
|---|
| 782 | | - | to read: |
|---|
| 783 | | - | 125.06 (3g) WINE OR FERMENTED MALT BEVERAGES |
|---|
| 784 | | - | MADE AT SUPPLY STORES. The manufacture of wine or fer- |
|---|
| 785 | | - | mented malt beverages by any person at a business pri- |
|---|
| 786 | | - | marily engaged in selling supplies and equipment for use |
|---|
| 787 | | - | by homebrewers or home winemakers, and, notwith- |
|---|
| 788 | | - | standing s. 125.09 (1), the tasting at the business of wine |
|---|
| 789 | | - | or fermented malt beverages so manufactured, if the wine |
|---|
| 790 | | - | or fermented malt beverages are not sold or offered for |
|---|
| 791 | | - | sale. Wine or fermented malt beverages provided at a |
|---|
| 792 | | - | business for tasting under this subsection may only be |
|---|
| 793 | | - | provided by a person who holds an operator’s license |
|---|
| 794 | | - | issued under s. 125.17 or an operator’s permit issued |
|---|
| 795 | | - | under s. 125.175. |
|---|
| 796 | | - | SECTION 24n. 125.06 (3m) (c) of the statutes is cre- |
|---|
| 797 | | - | ated to read: |
|---|
| 798 | | - | 125.06 (3m) (c) If a competition or exhibition com- |
|---|
| 799 | | - | plying with par. (b) is held by a national organization and |
|---|
| 800 | | - | has participants from more than 25 states, a person who |
|---|
| 801 | | - | made homemade wine or fermented malt beverages in |
|---|
| 802 | | - | another state under conditions similar to those imposed |
|---|
| 803 | | - | under sub. (3) may, without holding a license or permit |
|---|
| 804 | | - | under this chapter, transport up to 10 gallons of home- |
|---|
| 805 | | - | made wine or fermented malt beverages into this state for |
|---|
| 806 | | - | purposes of participating in the competition or exhibi- |
|---|
| 807 | | - | tion. |
|---|
| 808 | | - | SECTION 24o. 125.06 (11m) of the statutes is |
|---|
| 809 | | - | amended to read: |
|---|
| 810 | | - | 125.06 (11m) WINE COLLECTORS. The sale by a wine |
|---|
| 811 | | - | collector to any other wine collector of manufacturer− |
|---|
| 812 | | - | sealed bottles or containers of wine that the selling wine |
|---|
| 813 | | - | collector has held for at least 8 years if the selling wine |
|---|
| 814 | | - | collector has provided prior notice of the sale to the |
|---|
| 815 | | - | department division. No more than one sale in any |
|---|
| 816 | | - | 12−month period may be conducted by a wine collector |
|---|
| 817 | | - | under this paragraph. |
|---|
| 818 | | - | SECTION 24p. 125.06 (13) of the statutes is repealed. |
|---|
| 819 | | - | SECTION 24q. 125.07 (1) (b) 4. of the statutes is |
|---|
| 820 | | - | amended to read: |
|---|
| 821 | | - | 125.07 (1) (b) 4. The court shall promptly mail notice |
|---|
| 822 | | - | of a suspension under this paragraph to the department |
|---|
| 823 | | - | division and to the clerk of each municipality which has |
|---|
| 824 | | - | issued a license or permit to the person. |
|---|
| 825 | | - | SECTION 24r. 125.07 (3) (a) 3. of the statutes is |
|---|
| 826 | | - | amended to read: |
|---|
| 827 | | - | 125.07 (3) (a) 3. Hotels, drug stores, grocery stores, |
|---|
| 828 | | - | bowling centers, movie theaters, painting studios, bil- |
|---|
| 829 | | - | liards centers having on the premises 12 or more billiards |
|---|
| 830 | | - | tables that are not designed for coin operation and that are |
|---|
| 831 | | - | 8 feet or longer in length, indoor golf simulator facilities, |
|---|
| 832 | | - | indoor golf and baseball facilities on premises for which |
|---|
| 833 | | - | the only alcohol beverage license issued is a Class “B” |
|---|
| 834 | | - | license, axe throwing facilities on premises operated |
|---|
| 835 | | - | under Class “B” or “Class B” licenses, service stations, |
|---|
| 836 | | - | vessels, cars operated by any railroad, regularly estab- |
|---|
| 837 | | - | lished athletic fields, outdoor volleyball courts that are |
|---|
| 838 | | - | contiguous to a licensed premises, stadiums, music festi- |
|---|
| 839 | | - | val venues during an event with a projected attendance of |
|---|
| 840 | | - | at least 2,500 persons, public facilities as defined in s. |
|---|
| 841 | | - | 125.51 (5) (b) 1. d. which are owned by a county or |
|---|
| 842 | | - | municipality or centers for the visual or performing arts. |
|---|
| 843 | | - | SECTION 24s. 125.07 (3) (a) 10. of the statutes is |
|---|
| 844 | | - | amended to read: |
|---|
| 845 | | - | 125.07 (3) (a) 10. An underage person who enters or |
|---|
| 846 | | - | remains on Class “B” or “Class B” licensed premises on |
|---|
| 847 | | - | a date specified by the licensee or permittee during times |
|---|
| 848 | | - | when no alcohol beverages are consumed, sold or given |
|---|
| 849 | | - | away. During those times, the licensee, the agent named |
|---|
| 850 | | - | in the license if the licensee is a corporation or limited lia- |
|---|
| 851 | | - | bility company or a person who has an operator’s license |
|---|
| 852 | | - | or operator’s permit shall be on the premises unless all |
|---|
| 853 | | - | alcohol beverages are stored in a locked portion of the |
|---|
| 854 | | - | premises. The licensee shall notify the local law enforce- |
|---|
| 855 | | - | ment agency, in advance, of the times underage persons |
|---|
| 856 | | - | will be allowed on the premises under this subdivision. |
|---|
| 857 | | - | SECTION 24t. 125.07 (3) (a) 16. of the statutes is |
|---|
| 858 | | - | amended to read: |
|---|
| 859 | | - | 125.07 (3) (a) 16. An underage person who enters or |
|---|
| 860 | | - | remains in a banquet or hospitality room on winery |
|---|
| 861 | | - | premises operated under a “Class A” or “Class B” license |
|---|
| 862 | | - | for the purpose of attending a winery tour. |
|---|
| 863 | | - | SECTION 24u. 125.07 (4) (f) 3. of the statutes is |
|---|
| 864 | | - | amended to read: |
|---|
| 865 | | - | 125.07 (4) (f) 3. A licensee may not bring a civil |
|---|
| 866 | | - | action under this paragraph unless the licensee has first |
|---|
| 867 | | - | provided notice to the underage person or the underage |
|---|
| 868 | | - | person’s parent, as applicable, of the licensee’s intent to |
|---|
| 869 | | - | bring the action. The notice shall be mailed to the last− |
|---|
| 870 | | - | known address of the underage person or underage per- |
|---|
| 871 | | - | son’s parent, as applicable, at least 15 days prior to filing |
|---|
| 872 | | - | the action and shall include a demand for the relief |
|---|
| 873 | | - | described in subd. 1. The department division may, by |
|---|
| 874 | | - | rule, prescribe a form for this notice. |
|---|
| 875 | | - | SECTION 24v. 125.09 (1) of the statutes is renum- |
|---|
| 876 | | - | bered 125.09 (1) (a) and amended to read: |
|---|
| 877 | | - | 125.09 (1) (a) No owner, lessee, or person in charge |
|---|
| 878 | | - | of a public place may permit the consumption of alcohol |
|---|
| 879 | | - | beverages on the premises property of the public place, |
|---|
| 880 | | - | unless the person has an appropriate retail license or per- |
|---|
| 881 | | - | mit or a no−sale event venue permit. |
|---|
| 882 | | - | (d) This subsection does not apply to municipalities, |
|---|
| 883 | | - | buildings and parks owned by counties, regularly estab- |
|---|
| 884 | | - | lished athletic fields and stadiums, school buildings, |
|---|
| 885 | | - | campuses of private colleges, as defined in s. 16.99 (3g), |
|---|
| 886 | | - | at the place and time an event sponsored by the private |
|---|
| 887 | | - | college is being held, churches, premises in a state fair |
|---|
| 888 | | - | park or clubs. This subsection also does not apply to the |
|---|
| 889 | | - | consumption of fermented malt beverages on commer- |
|---|
| 890 | | - | cial quadricycles except in municipalities that have |
|---|
| 891 | | - | adopted ordinances under s. 125.10 (5) (a). − 10 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 892 | | - | SECTION 24w. 125.09 (1) (b) and (c) of the statutes |
|---|
| 893 | | - | are created to read: |
|---|
| 894 | | - | 125.09 (1) (b) For purposes of par. (a), a public place |
|---|
| 895 | | - | includes a venue, location, open space, room, or estab- |
|---|
| 896 | | - | lishment that is any of the following: |
|---|
| 897 | | - | 1. Accessible and available to the public to rent for |
|---|
| 898 | | - | an event or social gathering. |
|---|
| 899 | | - | 2. Held out for rent to the public for an event or social |
|---|
| 900 | | - | gathering. |
|---|
| 901 | | - | 3. Made available for rent to a member of the public |
|---|
| 902 | | - | for an event or social gathering. |
|---|
| 903 | | - | (c) For purposes of par. (a), a public place does not |
|---|
| 904 | | - | include any of the following: |
|---|
| 905 | | - | 1. A room in a hotel, motel, or bed and breakfast that |
|---|
| 906 | | - | is used for overnight accommodations. |
|---|
| 907 | | - | 2. Vacation rental property, or any other property of |
|---|
| 908 | | - | temporary lodging, that is used for overnight accommo- |
|---|
| 909 | | - | dations if the property is furnished with sufficient beds |
|---|
| 910 | | - | for all adult guests to sleep. |
|---|
| 911 | | - | 3. A campsite on a campground licensed under s. |
|---|
| 912 | | - | 97.67. |
|---|
| 913 | | - | 4. A parking lot, driveway, or yard where vehicles |
|---|
| 914 | | - | may be parked on the same day as a professional or colle- |
|---|
| 915 | | - | giate sporting event or other ticketed event open to the |
|---|
| 916 | | - | public. |
|---|
| 917 | | - | 5. Property within a local professional football sta- |
|---|
| 918 | | - | dium district created under subch. IV of ch. 229 if the |
|---|
| 919 | | - | property is used in connection with, and on the same day |
|---|
| 920 | | - | as, a professional football game, or other ticketed event |
|---|
| 921 | | - | open to the public, held at the football stadium. |
|---|
| 922 | | - | 6. Property within a local professional baseball park |
|---|
| 923 | | - | district created under subch. III of ch. 229 if the property |
|---|
| 924 | | - | is used in connection with, and on the same day as, a pro- |
|---|
| 925 | | - | fessional baseball game, or other ticketed event open to |
|---|
| 926 | | - | the public, held at the baseball park. |
|---|
| 927 | | - | SECTION 25. 125.09 (8) of the statutes is created to |
|---|
| 928 | | - | read: |
|---|
| 929 | | - | 125.09 (8) ALCOHOL VAPOR DEVICES. No person may |
|---|
| 930 | | - | use or offer for use, possess, or sell or offer for sale in this |
|---|
| 931 | | - | state an alcohol vapor device. |
|---|
| 932 | | - | SECTION 25c. 125.105 (1) of the statutes is amended |
|---|
| 933 | | - | to read: |
|---|
| 934 | | - | 125.105 (1) No person may impersonate an inspec- |
|---|
| 935 | | - | tor, agent or other employee of the department division |
|---|
| 936 | | - | or of the department of justice. |
|---|
| 937 | | - | SECTION 25d. 125.11 (3) of the statutes is created to |
|---|
| 938 | | - | read: |
|---|
| 939 | | - | 125.11 (3) INSPECTION VIOLATION. Any person who |
|---|
| 940 | | - | refuses to permit an examination of premises as provided |
|---|
| 941 | | - | in s. 125.025 (3) shall be fined not more than $500 nor |
|---|
| 942 | | - | less than $50, or imprisoned not more than 90 days nor |
|---|
| 943 | | - | less than 10 days or both, and any license or permit issued |
|---|
| 944 | | - | to that person may be revoked. |
|---|
| 945 | | - | SECTION 25e. 125.12 (1) (a) of the statutes is |
|---|
| 946 | | - | amended to read: |
|---|
| 947 | | - | 125.12 (1) (a) Except as provided in this subsection, |
|---|
| 948 | | - | any municipality or the department division may revoke, |
|---|
| 949 | | - | suspend or refuse to renew any license or permit under |
|---|
| 950 | | - | this chapter, as provided in this section. |
|---|
| 951 | | - | SECTION 25f. 125.12 (1) (c) of the statutes is |
|---|
| 952 | | - | amended to read: |
|---|
| 953 | | - | 125.12 (1) (c) Neither a municipality nor the depart- |
|---|
| 954 | | - | ment division may consider an arrest or conviction for a |
|---|
| 955 | | - | violation punishable under s. 101.123 (8) (d), 945.03 |
|---|
| 956 | | - | (2m), 945.04 (2m), or 945.05 (1m) in any action to |
|---|
| 957 | | - | revoke, suspend, or refuse to renew a Class “B” or |
|---|
| 958 | | - | “Class B” license or permit. |
|---|
| 959 | | - | SECTION 25g. 125.12 (4) (title) of the statutes is |
|---|
| 960 | | - | amended to read: |
|---|
| 961 | | - | 125.12 (4) (title) SUSPENSION OR REVOCATION OF |
|---|
| 962 | | - | LICENSES ON COMPLAINT OF THE DEPARTMENT DIVISION. |
|---|
| 963 | | - | SECTION 25h. 125.12 (4) (ag) (intro.) of the statutes |
|---|
| 964 | | - | is amended to read: |
|---|
| 965 | | - | 125.12 (4) (ag) Complaint. (intro.) A duly autho- |
|---|
| 966 | | - | rized employee of the department division may file a |
|---|
| 967 | | - | complaint with the clerk of circuit court for the jurisdic- |
|---|
| 968 | | - | tion in which the premises of a person holding a license |
|---|
| 969 | | - | issued under this chapter is situated, alleging one or more |
|---|
| 970 | | - | of the following about a licensee: |
|---|
| 971 | | - | SECTION 25i. 125.12 (4) (ag) 9. of the statutes is cre- |
|---|
| 972 | | - | ated to read: |
|---|
| 973 | | - | 125.12 (4) (ag) 9. That the licensee has shipped alco- |
|---|
| 974 | | - | hol beverages to any person in another state in violation |
|---|
| 975 | | - | of that state’s law. |
|---|
| 976 | | - | SECTION 25j. 125.12 (5) (title) of the statutes is |
|---|
| 977 | | - | amended to read: |
|---|
| 978 | | - | 125.12 (5) (title) REVOCATIONS OR SUSPENSIONS OF, OR |
|---|
| 979 | | - | REFUSALS TO RENEW, PERMITS BY THE DEPARTMENT DIVI- |
|---|
| 980 | | - | SION. |
|---|
| 981 | | - | SECTION 25k. 125.12 (5) (a) of the statutes is |
|---|
| 982 | | - | amended to read: |
|---|
| 983 | | - | 125.12 (5) (a) The department division may, after |
|---|
| 984 | | - | notice and an opportunity for hearing, revoke, suspend, |
|---|
| 985 | | - | or refuse to renew any retail permit issued by it for the |
|---|
| 986 | | - | causes provided in sub. (4) and any other permit issued |
|---|
| 987 | | - | by it under this chapter for any violation of this chapter |
|---|
| 988 | | - | or ch. 139, except that, for a violation of s. 125.535 or |
|---|
| 989 | | - | 139.035, the department division shall revoke the permit. |
|---|
| 990 | | - | SECTION 25L. 125.12 (5) (a) of the statutes, as |
|---|
| 991 | | - | affected by 2023 Wisconsin Act .... (this act), is amended |
|---|
| 992 | | - | to read: |
|---|
| 993 | | - | 125.12 (5) (a) The division may, after notice and an |
|---|
| 994 | | - | opportunity for hearing, revoke, suspend, or refuse to |
|---|
| 995 | | - | renew any retail permit issued by it for the causes pro- |
|---|
| 996 | | - | vided in sub. (4) and any other permit issued by it under |
|---|
| 997 | | - | this chapter for any violation of this chapter or ch. 139, |
|---|
| 998 | | - | except that, for a violation of s. 125.535 or 139.035, the |
|---|
| 999 | | - | division shall revoke the permit, and the division shall |
|---|
| 1000 | | - | revoke a common carrier permit as provided in s. 125.22 − 11 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 1001 | | - | (3) (b) and a fulfillment house permit as provided in s. |
|---|
| 1002 | | - | 125.23 (6) (b). |
|---|
| 1003 | | - | SECTION 25m. 125.12 (5) (b) of the statutes is |
|---|
| 1004 | | - | amended to read: |
|---|
| 1005 | | - | 125.12 (5) (b) The department division may, after |
|---|
| 1006 | | - | notice and an opportunity for hearing, revoke any permit |
|---|
| 1007 | | - | issued under s. 125.27 (5) or 125.51 (5) (f) to a person |
|---|
| 1008 | | - | designated by the owner or operator of racetrack grounds |
|---|
| 1009 | | - | as provided in s. 125.27 (5) (b) or 125.51 (5) (f) 2. if the |
|---|
| 1010 | | - | person’s designation has terminated or the owner or oper- |
|---|
| 1011 | | - | ator of the racetrack grounds has otherwise rescinded the |
|---|
| 1012 | | - | person’s designation. |
|---|
| 1013 | | - | SECTION 25n. 125.12 (5) (bm) of the statutes is cre- |
|---|
| 1014 | | - | ated to read: |
|---|
| 1015 | | - | 125.12 (5) (bm) The division may, after notice and an |
|---|
| 1016 | | - | opportunity for hearing, revoke, suspend, or refuse to |
|---|
| 1017 | | - | renew any permit issued by it under this chapter if the per- |
|---|
| 1018 | | - | mittee has shipped alcohol beverages to any person in |
|---|
| 1019 | | - | another state in violation of that state’s law. |
|---|
| 1020 | | - | SECTION 25o. 125.12 (5) (c) of the statutes is |
|---|
| 1021 | | - | amended to read: |
|---|
| 1022 | | - | 125.12 (5) (c) A revocation, suspension, or refusal to |
|---|
| 1023 | | - | renew a permit under par. (a) or, (b), or (bm) is a contested |
|---|
| 1024 | | - | case under ch. 227. |
|---|
| 1025 | | - | SECTION 25p. 125.12 (6) (a) of the statutes is |
|---|
| 1026 | | - | amended to read: |
|---|
| 1027 | | - | 125.12 (6) (a) Any person may file a sworn written |
|---|
| 1028 | | - | complaint with the department division alleging that an |
|---|
| 1029 | | - | intoxicating liquor wholesaler has violated s. 125.54 (7) |
|---|
| 1030 | | - | (a). The complaint shall identify the specific legal basis |
|---|
| 1031 | | - | for the complaint and sufficient facts for the department |
|---|
| 1032 | | - | division to determine whether there is cause to find that |
|---|
| 1033 | | - | a violation has occurred. The department division shall |
|---|
| 1034 | | - | provide a copy of the complaint to any wholesaler against |
|---|
| 1035 | | - | whom allegations are made, along with notice of the time |
|---|
| 1036 | | - | period under par. (b) to show cause why the wholesaler’s |
|---|
| 1037 | | - | permit should not be revoked or suspended or to request |
|---|
| 1038 | | - | a hearing. |
|---|
| 1039 | | - | SECTION 25q. 125.12 (6) (b) of the statutes is |
|---|
| 1040 | | - | amended to read: |
|---|
| 1041 | | - | 125.12 (6) (b) Within 30 days of receiving a copy of |
|---|
| 1042 | | - | the complaint under par. (a), any wholesaler against |
|---|
| 1043 | | - | whom allegations are made may file a sworn written |
|---|
| 1044 | | - | response or a written request for an evidentiary hearing |
|---|
| 1045 | | - | before the department division under s. 227.44. |
|---|
| 1046 | | - | SECTION 25r. 125.12 (6) (c) of the statutes is |
|---|
| 1047 | | - | amended to read: |
|---|
| 1048 | | - | 125.12 (6) (c) Subject to pars. (d) 1. and (dm), if no |
|---|
| 1049 | | - | request for an evidentiary hearing is made under par. (b), |
|---|
| 1050 | | - | within 60 days of receiving any response under par. (b) |
|---|
| 1051 | | - | or, if no response is made, within 60 days of the date on |
|---|
| 1052 | | - | which a response or request for hearing is due under par. |
|---|
| 1053 | | - | (b), the department division shall make a written decision |
|---|
| 1054 | | - | as to whether a violation has occurred and either dismiss |
|---|
| 1055 | | - | the complaint or take action under par. (e). Any decision |
|---|
| 1056 | | - | under this paragraph shall include findings of fact and |
|---|
| 1057 | | - | conclusions of law and shall state all reasons for the deci- |
|---|
| 1058 | | - | sion. The department division shall provide a copy of the |
|---|
| 1059 | | - | decision to the complainant and to any wholesaler against |
|---|
| 1060 | | - | whom allegations are made. |
|---|
| 1061 | | - | SECTION 25s. 125.12 (6) (cm) of the statutes is |
|---|
| 1062 | | - | amended to read: |
|---|
| 1063 | | - | 125.12 (6) (cm) Subject to pars. (d) 2. and (dm), if a |
|---|
| 1064 | | - | request for an evidentiary hearing is made under par. (b), |
|---|
| 1065 | | - | the hearing shall be conducted in the manner specified for |
|---|
| 1066 | | - | a contested case under ss. 227.44 to 227.50, except that |
|---|
| 1067 | | - | the hearing shall be conducted within 45 days of receiv- |
|---|
| 1068 | | - | ing the request for hearing under par. (b) and the depart- |
|---|
| 1069 | | - | ment division shall make its written decision, including |
|---|
| 1070 | | - | whether a violation has occurred and whether the com- |
|---|
| 1071 | | - | plaint is dismissed or action is taken under par. (e), within |
|---|
| 1072 | | - | 15 days after the hearing. In addition to service of the |
|---|
| 1073 | | - | decision as provided under s. 227.48, the department |
|---|
| 1074 | | - | division shall provide a copy of the decision to the com- |
|---|
| 1075 | | - | plainant. |
|---|
| 1076 | | - | SECTION 25t. 125.12 (6) (d) of the statutes is |
|---|
| 1077 | | - | amended to read: |
|---|
| 1078 | | - | 125.12 (6) (d) 1. If no request for an evidentiary hear- |
|---|
| 1079 | | - | ing is made under par. (b), within 60 days of receiving any |
|---|
| 1080 | | - | response under par. (b) or, if no response is made, within |
|---|
| 1081 | | - | 60 days of the date on which a response or request for |
|---|
| 1082 | | - | hearing is due under par. (b), the department division may |
|---|
| 1083 | | - | extend the time period for making a decision under par. |
|---|
| 1084 | | - | (c) by an additional 60 days if the department division |
|---|
| 1085 | | - | provides notice within the time period specified in par. (c) |
|---|
| 1086 | | - | that an additional 60 days is necessary for investigation. |
|---|
| 1087 | | - | 2. If a request for an evidentiary hearing is made |
|---|
| 1088 | | - | under par. (b), within 45 days of receiving the request for |
|---|
| 1089 | | - | hearing under par. (b), the department division may |
|---|
| 1090 | | - | extend the time period for conducting the hearing by an |
|---|
| 1091 | | - | additional 45 days if the department division provides |
|---|
| 1092 | | - | notice within 45 days of receiving the request for hearing |
|---|
| 1093 | | - | under par. (b) that an additional 45 days is necessary for |
|---|
| 1094 | | - | investigation. |
|---|
| 1095 | | - | SECTION 25u. 125.12 (6) (dm) of the statutes is |
|---|
| 1096 | | - | amended to read: |
|---|
| 1097 | | - | 125.12 (6) (dm) Within 45 days of receiving any |
|---|
| 1098 | | - | response or request for hearing under par. (b) or, if no |
|---|
| 1099 | | - | response or request for hearing is made, within 45 days |
|---|
| 1100 | | - | of the date on which a response or request for hearing is |
|---|
| 1101 | | - | due under par. (b), the department division may elect to |
|---|
| 1102 | | - | file a complaint in circuit court under sub. (4) that |
|---|
| 1103 | | - | includes all allegations of the complaint under par. (a) for |
|---|
| 1104 | | - | which the department division determines there is cause |
|---|
| 1105 | | - | to find that a violation of s. 125.54 (7) (a) has occurred. |
|---|
| 1106 | | - | If the department division files a complaint in circuit |
|---|
| 1107 | | - | court as provided under this paragraph, the department |
|---|
| 1108 | | - | division shall not conduct a hearing under par. (cm) or |
|---|
| 1109 | | - | make a written decision under par. (c), but shall proceed |
|---|
| 1110 | | - | with the matter as provided under sub. (4). |
|---|
| 1111 | | - | SECTION 25v. 125.12 (6) (e) of the statutes is |
|---|
| 1112 | | - | amended to read: − 12 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 1113 | | - | 125.12 (6) (e) If the department division finds the |
|---|
| 1114 | | - | allegations under par. (a) true and sufficient, the depart- |
|---|
| 1115 | | - | ment division shall either suspend for not less than 10 |
|---|
| 1116 | | - | days nor more than 90 days or revoke the wholesaler’s |
|---|
| 1117 | | - | permit, and give notice of the suspension or revocation to |
|---|
| 1118 | | - | the wholesaler. |
|---|
| 1119 | | - | SECTION 26. 125.12 (7) of the statutes is created to |
|---|
| 1120 | | - | read: |
|---|
| 1121 | | - | 125.12 (7) REAPPLICATION FOR PERMIT AFTER REVO- |
|---|
| 1122 | | - | CATION. If the division revokes any permit issued under |
|---|
| 1123 | | - | this chapter, the applicant or permit holder may not reap- |
|---|
| 1124 | | - | ply for the permit for a period of 6 months after the date |
|---|
| 1125 | | - | of the revocation. |
|---|
| 1126 | | - | SECTION 26ab. 125.13 of the statutes is amended to |
|---|
| 1127 | | - | read: |
|---|
| 1128 | | - | 125.13 Report of suspension, revocation, or impo- |
|---|
| 1129 | | - | sition of penalty. Whenever a municipal governing |
|---|
| 1130 | | - | body or court revokes or suspends a license or permit or |
|---|
| 1131 | | - | imposes a penalty on a licensee or permittee for the viola- |
|---|
| 1132 | | - | tion of this chapter, the clerk of the municipality or court |
|---|
| 1133 | | - | revoking or suspending the license or imposing the |
|---|
| 1134 | | - | penalty shall, within 10 days after the revocation, suspen- |
|---|
| 1135 | | - | sion, or imposition of penalty, mail a report to the depart- |
|---|
| 1136 | | - | ment division at Madison, Wisconsin, giving the name of |
|---|
| 1137 | | - | the licensee, the address of the licensed premises, and a |
|---|
| 1138 | | - | full description of the penalty imposed. |
|---|
| 1139 | | - | SECTION 26ac. 125.14 (2) (c) of the statutes is |
|---|
| 1140 | | - | amended to read: |
|---|
| 1141 | | - | 125.14 (2) (c) Identification. Any person seizing |
|---|
| 1142 | | - | alcohol beverages or personal property and electing to |
|---|
| 1143 | | - | dispose of it under this subsection shall exercise reason- |
|---|
| 1144 | | - | able diligence to ascertain the name and address of the |
|---|
| 1145 | | - | owner of the alcohol beverages or property and of all per- |
|---|
| 1146 | | - | sons holding a security interest in the property seized. |
|---|
| 1147 | | - | The person shall report his or her findings in writing to |
|---|
| 1148 | | - | the department division. |
|---|
| 1149 | | - | SECTION 26ad. 125.14 (2) (d) of the statutes is |
|---|
| 1150 | | - | amended to read: |
|---|
| 1151 | | - | 125.14 (2) (d) Order. Upon conviction of any person |
|---|
| 1152 | | - | for owning, possessing, keeping, storing, manufacturing, |
|---|
| 1153 | | - | selling, distributing, or transporting alcohol beverages in |
|---|
| 1154 | | - | violation of this chapter or ch. 139, the court shall order |
|---|
| 1155 | | - | part or all of the alcohol beverages or personal property |
|---|
| 1156 | | - | seized to be destroyed if it is unfit for sale. Alcohol bev- |
|---|
| 1157 | | - | erages and other personal property fit for sale shall be |
|---|
| 1158 | | - | turned over to the department division for disposition. |
|---|
| 1159 | | - | Upon receipt of the confiscated property, the department |
|---|
| 1160 | | - | division shall exercise reasonable diligence to ascertain |
|---|
| 1161 | | - | the names and addresses of all owners of the property and |
|---|
| 1162 | | - | of all persons holding a security interest in the property. |
|---|
| 1163 | | - | If a motor vehicle is confiscated, the department division |
|---|
| 1164 | | - | shall obtain the written advice of the department of trans- |
|---|
| 1165 | | - | portation as to the ownership of the motor vehicle and |
|---|
| 1166 | | - | shall make a reasonable search for perfected security |
|---|
| 1167 | | - | interests in the vehicle. |
|---|
| 1168 | | - | SECTION 26ae. 125.14 (2) (e) of the statutes is |
|---|
| 1169 | | - | amended to read: |
|---|
| 1170 | | - | 125.14 (2) (e) Disposal. The department division |
|---|
| 1171 | | - | shall dispose of the alcohol beverages turned over to it by |
|---|
| 1172 | | - | the court by either giving it to law enforcement agencies |
|---|
| 1173 | | - | free of charge for use in criminal investigations, selling |
|---|
| 1174 | | - | it to the highest bidder if the bidder is a person holding a |
|---|
| 1175 | | - | license or permit issued under this chapter, or destroying |
|---|
| 1176 | | - | it, at the discretion of the department division. If the |
|---|
| 1177 | | - | department division elects to sell the alcohol beverages, |
|---|
| 1178 | | - | it shall publish a class 2 notice under ch. 985 asking for |
|---|
| 1179 | | - | sealed bids from qualified bidders. Any items or groups |
|---|
| 1180 | | - | of items in the inventory subject to a security interest, the |
|---|
| 1181 | | - | existence of which was established in the proceedings for |
|---|
| 1182 | | - | conviction as being bona fide and as having been created |
|---|
| 1183 | | - | without the secured party having notice that the items |
|---|
| 1184 | | - | were being used or were to be used in connection with the |
|---|
| 1185 | | - | violation, shall be sold separately. The net proceeds from |
|---|
| 1186 | | - | the sale, less all costs of seizure, storage, and sale, shall |
|---|
| 1187 | | - | be turned over to the secretary of administration and |
|---|
| 1188 | | - | credited to the common school fund. |
|---|
| 1189 | | - | SECTION 26af. 125.14 (2) (f) of the statutes is |
|---|
| 1190 | | - | amended to read: |
|---|
| 1191 | | - | 125.14 (2) (f) Sale. Any personal property, other than |
|---|
| 1192 | | - | alcohol beverages, seized under par. (a) and fit for sale, |
|---|
| 1193 | | - | shall be turned over by the department division to the |
|---|
| 1194 | | - | department of administration for disposal at public auc- |
|---|
| 1195 | | - | tion to the highest bidder, at a time and place stated in a |
|---|
| 1196 | | - | notice of sale which describes the property to be sold. |
|---|
| 1197 | | - | The sale shall be held in a conveniently accessible place |
|---|
| 1198 | | - | in the county where the property was confiscated. A copy |
|---|
| 1199 | | - | of the notice shall be published as a class 2 notice under |
|---|
| 1200 | | - | ch. 985. The last insertion shall be at least 10 days before |
|---|
| 1201 | | - | the sale. The department of revenue division shall serve |
|---|
| 1202 | | - | a copy of the notice of sale at least 2 weeks before the date |
|---|
| 1203 | | - | thereof on all persons who are or may be owners or hold- |
|---|
| 1204 | | - | ers of security interests in the property. Any confiscated |
|---|
| 1205 | | - | property worth more than $100 shall be sold separately, |
|---|
| 1206 | | - | and the balance of the confiscated property shall be sold |
|---|
| 1207 | | - | in bulk or separately at the discretion of the department |
|---|
| 1208 | | - | of administration. The net proceeds from the sale, less all |
|---|
| 1209 | | - | costs of seizure, storage, and sale, shall be turned over to |
|---|
| 1210 | | - | the secretary of administration. No motor vehicle or |
|---|
| 1211 | | - | motorboat confiscated under this section may be sold |
|---|
| 1212 | | - | within 30 days after the date of seizure. |
|---|
| 1213 | | - | SECTION 26ag. 125.14 (3) (b) of the statutes is |
|---|
| 1214 | | - | amended to read: |
|---|
| 1215 | | - | 125.14 (3) (b) Deadline. The application shall be |
|---|
| 1216 | | - | made within one year after the sale of the property. A |
|---|
| 1217 | | - | copy of the application and the order setting a hearing on |
|---|
| 1218 | | - | it shall be served on the department division at least 20 |
|---|
| 1219 | | - | days before the date set for hearing. |
|---|
| 1220 | | - | SECTION 26ah. 125.145 of the statutes is amended to |
|---|
| 1221 | | - | read: − 13 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 1222 | | - | 125.145 Prosecutions by attorney general or |
|---|
| 1223 | | - | department division. Upon request by the secretary of |
|---|
| 1224 | | - | revenue division, the attorney general may represent this |
|---|
| 1225 | | - | state or assist a district attorney in prosecuting any case |
|---|
| 1226 | | - | arising under this chapter. The department division may |
|---|
| 1227 | | - | represent this state in prosecuting any violation of s. |
|---|
| 1228 | | - | 125.54 (7) (a) or (b) and shall bring any such action in the |
|---|
| 1229 | | - | circuit court for Dane County. |
|---|
| 1230 | | - | SECTION 26ai. 125.15 (1) of the statutes is amended |
|---|
| 1231 | | - | to read: |
|---|
| 1232 | | - | 125.15 (1) An intoxicating liquor wholesaler, intoxi- |
|---|
| 1233 | | - | cating liquor retail licensee or permittee, or intoxicating |
|---|
| 1234 | | - | liquor trade association that makes a written complaint to |
|---|
| 1235 | | - | the department division under s. 125.12 (6) of a violation |
|---|
| 1236 | | - | of s. 125.54 (7) (a) may bring an action to enforce the pro- |
|---|
| 1237 | | - | visions of s. 125.54 (7) if any of the following apply: |
|---|
| 1238 | | - | (a) The department division has not rendered a deci- |
|---|
| 1239 | | - | sion within the time periods specified in s. 125.12 (6) (c) |
|---|
| 1240 | | - | to (d). |
|---|
| 1241 | | - | (b) The department division has rendered a decision |
|---|
| 1242 | | - | under s. 125.12 (6) in which the department division has |
|---|
| 1243 | | - | determined that a violation has occurred but no action has |
|---|
| 1244 | | - | been brought in circuit court by the department division, |
|---|
| 1245 | | - | attorney general, or a district attorney to prosecute the |
|---|
| 1246 | | - | violation. |
|---|
| 1247 | | - | SECTION 26aj. 125.17 (6) (a) (intro.) of the statutes |
|---|
| 1248 | | - | is amended to read: |
|---|
| 1249 | | - | 125.17 (6) (a) (intro.) Except as provided in par. (b), |
|---|
| 1250 | | - | no municipal governing body or designated municipal |
|---|
| 1251 | | - | official may issue an operator’s license unless the appli- |
|---|
| 1252 | | - | cant has successfully completed a responsible beverage |
|---|
| 1253 | | - | server training course at any location that is offered by a |
|---|
| 1254 | | - | technical college district and that conforms to curriculum |
|---|
| 1255 | | - | guidelines specified by the technical college system |
|---|
| 1256 | | - | board or a comparable training course, which may |
|---|
| 1257 | | - | include computer−based training and testing, that is |
|---|
| 1258 | | - | approved by the department division or the department of |
|---|
| 1259 | | - | safety and professional services, or unless the applicant |
|---|
| 1260 | | - | fulfills one of the following requirements: |
|---|
| 1261 | | - | SECTION 26ak. 125.175 of the statutes is created to |
|---|
| 1262 | | - | read: |
|---|
| 1263 | | - | 125.175 Issuance of operators’ permits. (1) Sub- |
|---|
| 1264 | | - | ject to sub. (4), the division shall issue an operator’s per- |
|---|
| 1265 | | - | mit to any applicant who is qualified under s. 125.04 (5). |
|---|
| 1266 | | - | Operators’ permits may not be required other than for the |
|---|
| 1267 | | - | purpose of complying with ss. 125.32 (2) and 125.68 (2) |
|---|
| 1268 | | - | or s. 125.06 (3g). Operators’ permits may be issued only |
|---|
| 1269 | | - | upon written application. |
|---|
| 1270 | | - | (2) Operators’ permits are valid in all municipalities |
|---|
| 1271 | | - | in this state. |
|---|
| 1272 | | - | (3) The division shall establish a fee for issuance or |
|---|
| 1273 | | - | renewal of an operator’s permit and shall determine |
|---|
| 1274 | | - | whether the permit shall be valid for one or 2 years. |
|---|
| 1275 | | - | (4) (a) The division may not issue an operator’s per- |
|---|
| 1276 | | - | mit unless the applicant satisfies the criteria for issuance |
|---|
| 1277 | | - | of an operator’s license specified in s. 125.17 (6) (a). In |
|---|
| 1278 | | - | applying these criteria to an applicant who holds or previ- |
|---|
| 1279 | | - | ously held an operator’s permit or an operator’s license, |
|---|
| 1280 | | - | the division shall treat as synonymous operators’ permits |
|---|
| 1281 | | - | and operators’ licenses. |
|---|
| 1282 | | - | (b) The division may not require applicants for oper- |
|---|
| 1283 | | - | ators’ permits to undergo training in addition to that spec- |
|---|
| 1284 | | - | ified in s. 125.17 (6) (a) but may require applicants to pur- |
|---|
| 1285 | | - | chase at cost materials that deal with relevant subjects not |
|---|
| 1286 | | - | covered in the course under s. 125.17 (6) (a). |
|---|
| 1287 | | - | SECTION 26am. 125.19 (1) of the statutes is amended |
|---|
| 1288 | | - | to read: |
|---|
| 1289 | | - | 125.19 (1) ISSUANCE. The department division shall |
|---|
| 1290 | | - | issue an alcohol beverage warehouse permit which |
|---|
| 1291 | | - | authorizes the permittee to store and warehouse alcohol |
|---|
| 1292 | | - | beverages in warehouse premises covered by the permit, |
|---|
| 1293 | | - | subject to rules adopted by the department division. The |
|---|
| 1294 | | - | permit does not authorize the sale of any alcohol bever- |
|---|
| 1295 | | - | ages. |
|---|
| 1296 | | - | SECTION 26an. 125.20 of the statutes is created to |
|---|
| 1297 | | - | read: |
|---|
| 1298 | | - | 125.20 Interest restrictions. (1) DEFINITIONS. In |
|---|
| 1299 | | - | this section: |
|---|
| 1300 | | - | (a) “Distribution permit” means a permit issued |
|---|
| 1301 | | - | under s. 125.28 or 125.54. |
|---|
| 1302 | | - | (b) “Distribution permittee” means a person holding |
|---|
| 1303 | | - | a distribution permit and includes a restricted individual |
|---|
| 1304 | | - | of such a person. |
|---|
| 1305 | | - | (c) “Production permit” means a permit issued under |
|---|
| 1306 | | - | s. 125.29, 125.295, 125.52, or 125.53, a permit issued |
|---|
| 1307 | | - | under s. 125.30 to a brewer in another state, or a permit |
|---|
| 1308 | | - | issued under s. 125.58 to a manufacturer, rectifier, or win- |
|---|
| 1309 | | - | ery in another state. |
|---|
| 1310 | | - | (d) “Production permittee” means a person holding |
|---|
| 1311 | | - | a production permit and includes a restricted individual |
|---|
| 1312 | | - | of such a person. |
|---|
| 1313 | | - | (e) “Restricted individual” means any of the follow- |
|---|
| 1314 | | - | ing: |
|---|
| 1315 | | - | 1. An individual identified on a manager’s license or |
|---|
| 1316 | | - | who works or acts in a managerial capacity for a permit- |
|---|
| 1317 | | - | tee or licensee. |
|---|
| 1318 | | - | 2. An individual serving as an officer, director, mem- |
|---|
| 1319 | | - | ber, manager, or agent of a corporation or limited liability |
|---|
| 1320 | | - | company holding a permit or license. |
|---|
| 1321 | | - | 3. An individual holding more than a 10 percent own- |
|---|
| 1322 | | - | ership interest in a permittee or licensee. |
|---|
| 1323 | | - | (f) “Restricted entity” means an entity holding more |
|---|
| 1324 | | - | than a 10 percent ownership interest in a permittee or |
|---|
| 1325 | | - | licensee. |
|---|
| 1326 | | - | (g) “Restricted investor” means a restricted individ- |
|---|
| 1327 | | - | ual or restricted entity. |
|---|
| 1328 | | - | (h) “Retail license or permit” means a Class “A,” |
|---|
| 1329 | | - | Class “B,” “Class A,” “Class B,” or “Class C” license, a |
|---|
| 1330 | | - | Class “B” or “Class B” permit, or a no−sale event venue |
|---|
| 1331 | | - | permit. − 14 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 1332 | | - | (i) “Retail licensee or permittee” means a person |
|---|
| 1333 | | - | holding a retail license or permit and includes a restricted |
|---|
| 1334 | | - | individual of such a person. |
|---|
| 1335 | | - | (2) PRODUCERS. (a) No production permittee may |
|---|
| 1336 | | - | hold any interest in any distribution permittee. |
|---|
| 1337 | | - | (b) No production permittee may hold any interest in |
|---|
| 1338 | | - | any retail licensee or permittee, except as authorized |
|---|
| 1339 | | - | under s. 125.295. |
|---|
| 1340 | | - | (3) DISTRIBUTORS. (a) No distribution permittee may |
|---|
| 1341 | | - | hold any interest in any retail licensee or permittee. |
|---|
| 1342 | | - | (b) No distribution permittee may hold any interest |
|---|
| 1343 | | - | in any production permittee, except as provided in s. |
|---|
| 1344 | | - | 125.28 (2) (d). |
|---|
| 1345 | | - | (4) RETAILERS. (a) No retail licensee or permittee |
|---|
| 1346 | | - | may hold any interest in any distribution permittee. |
|---|
| 1347 | | - | (b) No retail licensee or permittee may hold any inter- |
|---|
| 1348 | | - | est in any production permittee, except as authorized |
|---|
| 1349 | | - | under s. 125.295. |
|---|
| 1350 | | - | (5) CONSTRUCTION OF SECTION; AUTHORIZED CROSS− |
|---|
| 1351 | | - | TIER ACTIVITY. (a) For purposes of this section and s. |
|---|
| 1352 | | - | 125.01, permittees are categorized under the 3−tier sys- |
|---|
| 1353 | | - | tem as follows: |
|---|
| 1354 | | - | 1. A production permittee operates within the pro- |
|---|
| 1355 | | - | duction tier. |
|---|
| 1356 | | - | 2. A distribution permittee operates within the distri- |
|---|
| 1357 | | - | bution tier. |
|---|
| 1358 | | - | 3. A retail licensee or permittee operates within the |
|---|
| 1359 | | - | retail tier. |
|---|
| 1360 | | - | (b) This section does not prohibit a licensee or per- |
|---|
| 1361 | | - | mittee from engaging in any activity that this chapter |
|---|
| 1362 | | - | explicitly authorizes for the type of license or permit held |
|---|
| 1363 | | - | or that is explicitly authorized under the terms of the |
|---|
| 1364 | | - | license or permit. |
|---|
| 1365 | | - | (c) To the extent there is a conflict between any provi- |
|---|
| 1366 | | - | sion of subs. (2) to (4) and any provision of ss. 125.25 (2) |
|---|
| 1367 | | - | (b), 125.26 (2) (b), 125.27 (7), 125.28 (2) (b), 125.29 (2) |
|---|
| 1368 | | - | (a), 125.295 (2) (a) 6., 125.30 (3) (c), and 125.69 (1), the |
|---|
| 1369 | | - | provisions of ss. 125.25 (2) (b), 125.26 (2) (b), 125.27 |
|---|
| 1370 | | - | (7), 125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., |
|---|
| 1371 | | - | 125.30 (3) (c), and 125.69 (1) are controlling. |
|---|
| 1372 | | - | (d) If a license or permit may not be issued to a person |
|---|
| 1373 | | - | under s. 125.25 (2) (b), 125.26 (2) (b), 125.27 (7), 125.28 |
|---|
| 1374 | | - | (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., 125.30 (3) (c), |
|---|
| 1375 | | - | or 125.69 (1), the person may not acquire an interest pro- |
|---|
| 1376 | | - | hibited under s. 125.25 (2) (b), 125.26 (2) (b), 125.27 (7), |
|---|
| 1377 | | - | 125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., 125.30 |
|---|
| 1378 | | - | (3) (c), or 125.69 (1) after the license or permit has been |
|---|
| 1379 | | - | issued. |
|---|
| 1380 | | - | (6) PERMISSIBLE INTERESTS. (a) Notwithstanding |
|---|
| 1381 | | - | subs. (2) to (4), a licensee or permittee may be owned in |
|---|
| 1382 | | - | part by, or grant an ownership interest to, a restricted |
|---|
| 1383 | | - | investor in a different tier if all of the following are satis- |
|---|
| 1384 | | - | fied: |
|---|
| 1385 | | - | 1. No single restricted investor holds more than a 10 |
|---|
| 1386 | | - | percent ownership interest in the licensee or permittee, |
|---|
| 1387 | | - | including any passive or disregarded entity connected to |
|---|
| 1388 | | - | the restricted investor. |
|---|
| 1389 | | - | 2. No restricted investor serves as an officer, director, |
|---|
| 1390 | | - | manager, operator, or agent of the licensee or permittee. |
|---|
| 1391 | | - | 3. No restricted investor is involved in the day−to− |
|---|
| 1392 | | - | day operations of the licensee or permittee or exerts any |
|---|
| 1393 | | - | control over such operations beyond the person’s ability |
|---|
| 1394 | | - | to vote as an owner. |
|---|
| 1395 | | - | 4. The aggregate amount of ownership held by all |
|---|
| 1396 | | - | restricted investors in the licensee or permittee does not |
|---|
| 1397 | | - | exceed 49 percent. |
|---|
| 1398 | | - | 5. The licensee or permittee discloses all restricted |
|---|
| 1399 | | - | investors to the division. |
|---|
| 1400 | | - | 6. Each restricted investor executes an affidavit, on |
|---|
| 1401 | | - | a form prescribed by the division, swearing to a complete |
|---|
| 1402 | | - | lack of involvement in the day−to−day operations of, and |
|---|
| 1403 | | - | lack of control over, the licensee or permittee beyond the |
|---|
| 1404 | | - | restricted investor’s ability to vote as an owner. If the |
|---|
| 1405 | | - | restricted investor is a restricted entity, the affidavit shall |
|---|
| 1406 | | - | be executed on behalf of the restricted entity by an indi- |
|---|
| 1407 | | - | vidual who is an officer or director of the restricted entity |
|---|
| 1408 | | - | or who otherwise has management authority over the |
|---|
| 1409 | | - | restricted entity. |
|---|
| 1410 | | - | (b) A licensee or permittee, or a restricted individual |
|---|
| 1411 | | - | of a licensee or permittee, may enter into a landlord-ten- |
|---|
| 1412 | | - | ant relationship with another licensee or permittee oper- |
|---|
| 1413 | | - | ating in a different tier if all of the following are satisfied: |
|---|
| 1414 | | - | 1. The lease or rental agreement explicitly states that |
|---|
| 1415 | | - | the landlord has no control over or day−to−day involve- |
|---|
| 1416 | | - | ment in the business of the tenant. |
|---|
| 1417 | | - | 2. No control or involvement in the business of the |
|---|
| 1418 | | - | tenant by the landlord exists. |
|---|
| 1419 | | - | 3. The landlord and tenant maintain compliance with |
|---|
| 1420 | | - | ss. 125.33 and 125.69, as applicable and subject to s. |
|---|
| 1421 | | - | 125.33 (2) (hr), and this requirement is set forth in the |
|---|
| 1422 | | - | lease or rental agreement. |
|---|
| 1423 | | - | 4. The lease or rental agreement is in writing and dis- |
|---|
| 1424 | | - | closed to the division for review. |
|---|
| 1425 | | - | (c) Notwithstanding subs. (2) to (4), a spouse may |
|---|
| 1426 | | - | have an interest in the license or permit of the other |
|---|
| 1427 | | - | spouse if all of the following are satisfied: |
|---|
| 1428 | | - | 1. The marriage is governed by a valid marital prop- |
|---|
| 1429 | | - | erty agreement or prenuptial agreement. |
|---|
| 1430 | | - | 2. The marital property agreement or prenuptial |
|---|
| 1431 | | - | agreement was disclosed on any license or permit appli- |
|---|
| 1432 | | - | cation. |
|---|
| 1433 | | - | 3. A copy of the marital property agreement or pre- |
|---|
| 1434 | | - | nuptial agreement is provided to the municipal clerk or |
|---|
| 1435 | | - | division prior to issuance of the license or permit. |
|---|
| 1436 | | - | 4. Both spouses execute an affidavit, on a form pre- |
|---|
| 1437 | | - | scribed by the division, swearing to a complete lack of |
|---|
| 1438 | | - | involvement in the day−to−day operations of, and lack of |
|---|
| 1439 | | - | control over, each respective business. − 15 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 1440 | | - | (d) For purposes of subs. (2) to (4), employment in |
|---|
| 1441 | | - | a nonmanagerial capacity for a licensee or permittee is |
|---|
| 1442 | | - | not an interest in the licensee or permittee. |
|---|
| 1443 | | - | SECTION 26ao. 125.20 (5) (c) and (d) of the statutes, |
|---|
| 1444 | | - | as created by 2023 Wisconsin Act .... (this act), are |
|---|
| 1445 | | - | amended to read: |
|---|
| 1446 | | - | 125.20 (5) (c) To the extent there is a conflict between |
|---|
| 1447 | | - | any provision of subs. (2) to (4) and any provision of ss. |
|---|
| 1448 | | - | 125.24 (3), 125.25 (2) (b), 125.26 (2) (b), 125.27 (7), |
|---|
| 1449 | | - | 125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., 125.30 |
|---|
| 1450 | | - | (3) (c), and 125.69 (1), the provisions of ss. 125.24 (3), |
|---|
| 1451 | | - | 125.25 (2) (b), 125.26 (2) (b), 125.27 (7), 125.28 (2) (b), |
|---|
| 1452 | | - | 125.29 (2) (a), 125.295 (2) (a) 6., 125.30 (3) (c), and |
|---|
| 1453 | | - | 125.69 (1) are controlling. |
|---|
| 1454 | | - | (d) If a license or permit may not be issued to a person |
|---|
| 1455 | | - | under s. 125.24 (3), 125.25 (2) (b), 125.26 (2) (b), 125.27 |
|---|
| 1456 | | - | (7), 125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., |
|---|
| 1457 | | - | 125.30 (3) (c), or 125.69 (1), the person may not acquire |
|---|
| 1458 | | - | an interest prohibited under s. 125.24 (3), 125.25 (2) (b), |
|---|
| 1459 | | - | 125.26 (2) (b), 125.27 (7), 125.28 (2) (b), 125.29 (2) (a), |
|---|
| 1460 | | - | 125.295 (2) (a) 6., 125.30 (3) (c), or 125.69 (1) after the |
|---|
| 1461 | | - | license or permit has been issued. |
|---|
| 1462 | | - | SECTION 26ap. 125.21 of the statutes is created to |
|---|
| 1463 | | - | read: |
|---|
| 1464 | | - | 125.21 Production agreements. (1) DEFINITIONS. |
|---|
| 1465 | | - | In this section: |
|---|
| 1466 | | - | (a) “Alternating proprietorship” means an arrange- |
|---|
| 1467 | | - | ment in which a host producer provides use of space and |
|---|
| 1468 | | - | equipment, and may additionally provide personnel, to a |
|---|
| 1469 | | - | guest producer for the production of alcohol beverages. |
|---|
| 1470 | | - | (b) “Bottling” means placing alcohol beverages into |
|---|
| 1471 | | - | sealed finished packages, including cans, bottles, boxes, |
|---|
| 1472 | | - | bags, kegs, barrels, or any other packaging of finished |
|---|
| 1473 | | - | products. When “bottle” is used as a verb, it has the same |
|---|
| 1474 | | - | meaning as “bottling.” |
|---|
| 1475 | | - | (c) “Contract producer” means a producer who |
|---|
| 1476 | | - | directly manufactures, bottles, or labels alcohol bever- |
|---|
| 1477 | | - | ages as an agent of a recipe producer or out−of−state |
|---|
| 1478 | | - | recipe supplier. |
|---|
| 1479 | | - | (d) “Contract production” means a contract, agree- |
|---|
| 1480 | | - | ment, or business arrangement described in sub. (3) (b) |
|---|
| 1481 | | - | whereby a recipe producer or out−of−state recipe sup- |
|---|
| 1482 | | - | plier provides consideration to a contract producer for the |
|---|
| 1483 | | - | production, bottling, or labeling of alcohol beverages. |
|---|
| 1484 | | - | (e) “Guest producer” means a producer who enters |
|---|
| 1485 | | - | into a contract, agreement, or business arrangement with |
|---|
| 1486 | | - | a host producer whereby the producer has use of the host |
|---|
| 1487 | | - | producer’s premises and equipment, and may have use of |
|---|
| 1488 | | - | the host producer’s personnel, for the production of the |
|---|
| 1489 | | - | guest producer’s alcohol beverages. |
|---|
| 1490 | | - | (f) “Host producer” means a producer who enters |
|---|
| 1491 | | - | into a contract, agreement, or business arrangement with |
|---|
| 1492 | | - | a guest producer whereby the guest producer has use of |
|---|
| 1493 | | - | the producer’s premises and equipment, and may have |
|---|
| 1494 | | - | use of the producer’s personnel, for the production of the |
|---|
| 1495 | | - | guest producer’s alcohol beverages. |
|---|
| 1496 | | - | (g) “Licensing agreement” means an agreement |
|---|
| 1497 | | - | between a licensor and a producer for the production of |
|---|
| 1498 | | - | alcohol beverages containing the name, symbol, or mark |
|---|
| 1499 | | - | of the licensor. |
|---|
| 1500 | | - | (h) “Out−of−state recipe supplier” means a person to |
|---|
| 1501 | | - | whom all of the following applies: |
|---|
| 1502 | | - | 1. The person is located in another state and produces |
|---|
| 1503 | | - | alcohol beverages in that state. |
|---|
| 1504 | | - | 2. The person does not hold a permit under this chap- |
|---|
| 1505 | | - | ter, other than a permit issued under s. 125.30, 125.535, |
|---|
| 1506 | | - | or 125.58. |
|---|
| 1507 | | - | 3. The person purchases alcohol beverages from a |
|---|
| 1508 | | - | producer that are manufactured consistently with a recipe |
|---|
| 1509 | | - | provided by the person or are bottled or labeled for the |
|---|
| 1510 | | - | person. |
|---|
| 1511 | | - | (i) “Producer” means a brewer holding a permit |
|---|
| 1512 | | - | under s. 125.29, brewpub holding a permit under s. |
|---|
| 1513 | | - | 125.295, winery holding a permit under s. 125.53, manu- |
|---|
| 1514 | | - | facturer holding a permit under s. 125.52, or rectifier |
|---|
| 1515 | | - | holding a permit under s. 125.52. |
|---|
| 1516 | | - | (j) “Recipe producer” means a producer who pur- |
|---|
| 1517 | | - | chases alcohol beverages from another producer that are |
|---|
| 1518 | | - | manufactured consistently with a recipe provided by the |
|---|
| 1519 | | - | recipe producer or are bottled or labeled for the recipe |
|---|
| 1520 | | - | producer. |
|---|
| 1521 | | - | (2) PRODUCTION ARRANGEMENTS AUTHORIZED; |
|---|
| 1522 | | - | AGREEMENTS BETWEEN SAME PRODUCER TYPE. (a) Produc- |
|---|
| 1523 | | - | tion arrangements under subs. (3) to (5) are authorized as |
|---|
| 1524 | | - | provided in this section. A permittee that enters into such |
|---|
| 1525 | | - | a production arrangement does not act as an agent for or |
|---|
| 1526 | | - | in the employ of another under s. 125.52 (3) or 125.53 (2), |
|---|
| 1527 | | - | and such a production arrangement is not a prohibited |
|---|
| 1528 | | - | interest under s. 125.20. |
|---|
| 1529 | | - | (b) Except as provided in sub. (3) (b) 2. and 3., agree- |
|---|
| 1530 | | - | ments authorized under this section may be entered into |
|---|
| 1531 | | - | only by producers who hold permits issued under the |
|---|
| 1532 | | - | same section of this chapter. |
|---|
| 1533 | | - | (3) CONTRACT PRODUCTION. (a) An agreement for |
|---|
| 1534 | | - | contract production shall comply with the requirements |
|---|
| 1535 | | - | of this subsection. |
|---|
| 1536 | | - | (b) An agreement for contract production may be |
|---|
| 1537 | | - | entered into between any of the following: |
|---|
| 1538 | | - | 1. Two producers possessing the same type of permit. |
|---|
| 1539 | | - | 2. A permittee under s. 125.29, as the contract pro- |
|---|
| 1540 | | - | ducer, and a permittee under s. 125.295, as the recipe pro- |
|---|
| 1541 | | - | ducer. |
|---|
| 1542 | | - | 3. A producer and an out−of−state recipe supplier. |
|---|
| 1543 | | - | (c) All contract production activities shall occur pur- |
|---|
| 1544 | | - | suant to a written agreement between the contract pro- |
|---|
| 1545 | | - | ducer and the recipe producer or out−of−state recipe sup- |
|---|
| 1546 | | - | plier. |
|---|
| 1547 | | - | (d) 1. Except as provided in subd. 2., alcohol bever- |
|---|
| 1548 | | - | ages produced under an agreement for contract produc- |
|---|
| 1549 | | - | tion between a contract producer and a recipe producer |
|---|
| 1550 | | - | shall count toward the production volume of the recipe − 16 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 1551 | | - | producer and shall be considered, for this purpose, as pro- |
|---|
| 1552 | | - | duced on the recipe producer’s premises. |
|---|
| 1553 | | - | 2. Alcohol beverages produced under an agreement |
|---|
| 1554 | | - | for contract production between a contract producer and |
|---|
| 1555 | | - | a recipe producer may not be considered in determining |
|---|
| 1556 | | - | production volume for purposes of ss. 125.29 (7), 125.52 |
|---|
| 1557 | | - | (4), and 125.53 (3), but shall be considered as produced |
|---|
| 1558 | | - | by the recipe producer for other purposes under ss. |
|---|
| 1559 | | - | 125.29 (7), 125.52 (4), and 125.53 (3). |
|---|
| 1560 | | - | (e) The recipe producer shall be considered the pro- |
|---|
| 1561 | | - | ducer for purposes of filing reports under s. 139.11 (2) |
|---|
| 1562 | | - | and taxation under ss. 139.02, 139.03, 139.05 (2), and |
|---|
| 1563 | | - | 139.06 (1) and (2), as applicable, and shall include alco- |
|---|
| 1564 | | - | hol beverages manufactured under a contract production |
|---|
| 1565 | | - | agreement in the report required under s. 139.11 (2). For |
|---|
| 1566 | | - | alcohol beverages produced under an agreement for con- |
|---|
| 1567 | | - | tract production between a contract producer and a recipe |
|---|
| 1568 | | - | producer, the contract producer shall exclude the alcohol |
|---|
| 1569 | | - | beverages from reports required under s. 139.11 (2). |
|---|
| 1570 | | - | (4) ALTERNATING PROPRIETORSHIP. (a) An alternating |
|---|
| 1571 | | - | proprietorship shall comply with the requirements of this |
|---|
| 1572 | | - | subsection. |
|---|
| 1573 | | - | (b) All alternating proprietorships shall occur pur- |
|---|
| 1574 | | - | suant to a written agreement between the host producer |
|---|
| 1575 | | - | and guest producer. |
|---|
| 1576 | | - | (c) The agreement under par. (b) shall provide that |
|---|
| 1577 | | - | the guest producer retains the right to control the produc- |
|---|
| 1578 | | - | tion of the alcohol beverages. If the agreement provides |
|---|
| 1579 | | - | that the host producer and host producer’s personnel are |
|---|
| 1580 | | - | agents of the guest producer or acting under the direction |
|---|
| 1581 | | - | of the guest producer, the agreement shall specify the |
|---|
| 1582 | | - | terms and compensation for the use of the host producer’s |
|---|
| 1583 | | - | personnel. |
|---|
| 1584 | | - | (d) The guest producer shall be considered the pro- |
|---|
| 1585 | | - | ducer for purposes of filing reports under s. 139.11 (2) |
|---|
| 1586 | | - | and taxation under ss. 139.02, 139.03, 139.05 (2), and |
|---|
| 1587 | | - | 139.06 (1) and (2), as applicable, and shall include alco- |
|---|
| 1588 | | - | hol beverages manufactured under an alternating propri- |
|---|
| 1589 | | - | etorship in the report required under s. 139.11 (2). The |
|---|
| 1590 | | - | host producer shall exclude alcohol beverages manufac- |
|---|
| 1591 | | - | tured in an alternating proprietorship from reports |
|---|
| 1592 | | - | required under s. 139.11 (2). |
|---|
| 1593 | | - | (e) Alcohol beverages produced under an alternating |
|---|
| 1594 | | - | proprietorship shall count toward the production volume |
|---|
| 1595 | | - | of the guest producer and shall be considered, for this |
|---|
| 1596 | | - | purpose, as produced on the guest producer’s premises. |
|---|
| 1597 | | - | (5) LICENSING AGREEMENTS. (a) A producer may |
|---|
| 1598 | | - | enter into a licensing agreement or contract with a licen- |
|---|
| 1599 | | - | sor authorizing the producer−licensee to use the licen- |
|---|
| 1600 | | - | sor’s trademark or name if all of the following require- |
|---|
| 1601 | | - | ments are satisfied: |
|---|
| 1602 | | - | 1. The licensing agreement or contract is in writing. |
|---|
| 1603 | | - | 2. The producer−licensee is entirely responsible for |
|---|
| 1604 | | - | producing the alcohol beverages and for all related pro- |
|---|
| 1605 | | - | cessing steps and regulatory requirements. |
|---|
| 1606 | | - | (b) Alcohol beverages produced under the licensing |
|---|
| 1607 | | - | agreement shall count toward the production volume of |
|---|
| 1608 | | - | the producer−licensee and shall be considered, for this |
|---|
| 1609 | | - | purpose, as produced on the producer−licensee’s |
|---|
| 1610 | | - | premises. |
|---|
| 1611 | | - | SECTION 26aq. 125.22 of the statutes is created to |
|---|
| 1612 | | - | read: |
|---|
| 1613 | | - | 125.22 Common carrier permit; shipments into |
|---|
| 1614 | | - | state. (1) PERMIT. (a) No common carrier may transport |
|---|
| 1615 | | - | into or deliver within this state any alcohol beverages |
|---|
| 1616 | | - | unless the common carrier first obtains a permit from the |
|---|
| 1617 | | - | division under this section. This subsection does not |
|---|
| 1618 | | - | apply to the transportation into this state for delivery to, |
|---|
| 1619 | | - | or delivery within this state to, a person that holds a |
|---|
| 1620 | | - | license or permit issued under this chapter that authorizes |
|---|
| 1621 | | - | the licensee or permittee to receive the alcohol beverages. |
|---|
| 1622 | | - | (b) A permit under this section authorizes only the |
|---|
| 1623 | | - | transport into or delivery within this state of wine on |
|---|
| 1624 | | - | behalf of a person holding a direct wine shipper’s permit |
|---|
| 1625 | | - | under s. 125.535 or a fulfillment house permit under s. |
|---|
| 1626 | | - | 125.23. |
|---|
| 1627 | | - | (c) An applicant for a permit under this section shall |
|---|
| 1628 | | - | provide all information required by the division. The |
|---|
| 1629 | | - | division shall require the applicant to submit informa- |
|---|
| 1630 | | - | tion, as determined to be appropriate by the division, that |
|---|
| 1631 | | - | is similar to the information required of an applicant for |
|---|
| 1632 | | - | a permit under s. 125.58. |
|---|
| 1633 | | - | (d) A permit under this section may be issued only to |
|---|
| 1634 | | - | a person who holds a valid certificate issued under s. |
|---|
| 1635 | | - | 73.03 (50). |
|---|
| 1636 | | - | (e) A permittee under this section shall pay an annual |
|---|
| 1637 | | - | fee of $1,000. |
|---|
| 1638 | | - | (2) REPORTS. (a) No later than the 15th day of each |
|---|
| 1639 | | - | month, a common carrier holding a permit under this sec- |
|---|
| 1640 | | - | tion shall submit a verified report to the division, in the |
|---|
| 1641 | | - | form and manner prescribed by the division, that includes |
|---|
| 1642 | | - | all of the following information for each shipment of |
|---|
| 1643 | | - | alcohol beverages during the preceding month: |
|---|
| 1644 | | - | 1. The name and address of the person that manufac- |
|---|
| 1645 | | - | tured the alcohol beverages. |
|---|
| 1646 | | - | 2. The name and address of the consignor of the ship- |
|---|
| 1647 | | - | ment, if different from the person that manufactured the |
|---|
| 1648 | | - | alcohol beverages. |
|---|
| 1649 | | - | 3. The name and address of the consignee of the ship- |
|---|
| 1650 | | - | ment. |
|---|
| 1651 | | - | 4. The date of the shipment. |
|---|
| 1652 | | - | 5. The type and quantity of alcohol beverages |
|---|
| 1653 | | - | shipped to the consignee, as reported to the common car- |
|---|
| 1654 | | - | rier by the consignor. |
|---|
| 1655 | | - | 6. The parcel tracking number, waybill number, or |
|---|
| 1656 | | - | other identifying number for the shipment. |
|---|
| 1657 | | - | (b) The division and the department shall keep confi- |
|---|
| 1658 | | - | dential the information under par. (a) 3. and 6., and this |
|---|
| 1659 | | - | information is not subject to public copying or inspection |
|---|
| 1660 | | - | under s. 19.35 (1), but all other information included in − 17 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 1661 | | - | a report under par. (a) is subject to public copying and |
|---|
| 1662 | | - | inspection under s. 19.35 (1) and may not be treated by |
|---|
| 1663 | | - | the division or the department as confidential under any |
|---|
| 1664 | | - | provision of s. 71.78, 71.83, or 139.11 (4). |
|---|
| 1665 | | - | (c) Nothing in this section alters the requirement that |
|---|
| 1666 | | - | a person shipping alcohol beverages into this state obtain |
|---|
| 1667 | | - | all required permits under this chapter prior to shipment, |
|---|
| 1668 | | - | including any permit under s. 125.535. Nothing in this |
|---|
| 1669 | | - | section grants a manufacturer, rectifier, or shipper of |
|---|
| 1670 | | - | alcohol beverages, including a winery, authority to ship |
|---|
| 1671 | | - | alcohol beverages into this state. Nothing in this section |
|---|
| 1672 | | - | alters the face−to−face sales requirement in ss. 125.272 |
|---|
| 1673 | | - | and 125.51 (6). |
|---|
| 1674 | | - | (3) PENALTIES. (a) Any common carrier that fails to |
|---|
| 1675 | | - | obtain a permit required under sub. (1) prior to commenc- |
|---|
| 1676 | | - | ing delivery of alcohol beverages in this state is subject |
|---|
| 1677 | | - | to a fine of not more than $10,000. |
|---|
| 1678 | | - | (b) Any common carrier that ships alcohol beverages |
|---|
| 1679 | | - | other than wine obtained from a direct wine shipper per- |
|---|
| 1680 | | - | mittee under s. 125.535 or from a fulfillment house per- |
|---|
| 1681 | | - | mittee under s. 125.23 is subject to a forfeiture of not |
|---|
| 1682 | | - | more than $2,000. The division shall revoke the permit |
|---|
| 1683 | | - | of any common carrier that violates this prohibition in |
|---|
| 1684 | | - | more than one month during a calendar year. Except as |
|---|
| 1685 | | - | provided in this paragraph, s. 125.12 (5) shall apply with |
|---|
| 1686 | | - | respect to the division’s revocation of the permit. |
|---|
| 1687 | | - | (c) If a common carrier fails to submit a report |
|---|
| 1688 | | - | required under sub. (2), the common carrier is subject to |
|---|
| 1689 | | - | a forfeiture of not more than $2,000. |
|---|
| 1690 | | - | SECTION 26ar. 125.23 of the statutes is created to |
|---|
| 1691 | | - | read: |
|---|
| 1692 | | - | 125.23 Fulfillment houses. (1) PERMIT. (a) Before |
|---|
| 1693 | | - | making any shipment to, or causing any shipment to be |
|---|
| 1694 | | - | made to, any individual in this state, a person operating |
|---|
| 1695 | | - | a fulfillment house shall obtain from the division a fulfill- |
|---|
| 1696 | | - | ment house permit for each location that is involved in the |
|---|
| 1697 | | - | process of shipping wine to residents of this state. |
|---|
| 1698 | | - | (b) A person holding a permit under this section may |
|---|
| 1699 | | - | provide services only for the warehousing, packaging, |
|---|
| 1700 | | - | order fulfillment, and shipment of alcohol beverages pro- |
|---|
| 1701 | | - | duced by and belonging to a person holding a direct wine |
|---|
| 1702 | | - | shipper’s permit under s. 125.535. |
|---|
| 1703 | | - | (c) An applicant for a permit under this section shall |
|---|
| 1704 | | - | pay an annual fee of $100 for each permit. The permit |
|---|
| 1705 | | - | may be issued for a period of one year and may be |
|---|
| 1706 | | - | renewed annually. |
|---|
| 1707 | | - | (d) A permit under this section may be issued only to |
|---|
| 1708 | | - | a person who holds a valid certificate issued under s. |
|---|
| 1709 | | - | 73.03 (50). |
|---|
| 1710 | | - | (2) PERMIT APPLICATION. (a) An applicant for a per- |
|---|
| 1711 | | - | mit under this section shall provide all of the following |
|---|
| 1712 | | - | information as part of the permit application: |
|---|
| 1713 | | - | 1. All locations from which alcohol beverages are to |
|---|
| 1714 | | - | be shipped under the permit. |
|---|
| 1715 | | - | 2. Any other information required by the division. |
|---|
| 1716 | | - | The division shall require the applicant to submit infor- |
|---|
| 1717 | | - | mation, as determined to be appropriate by the division, |
|---|
| 1718 | | - | that is similar to the information required of an applicant |
|---|
| 1719 | | - | for a permit under s. 125.58. |
|---|
| 1720 | | - | (b) Notwithstanding s. 125.04 (5) (a), natural persons |
|---|
| 1721 | | - | obtaining fulfillment house permits are not required to be |
|---|
| 1722 | | - | residents of this state. Notwithstanding s. 125.04 (5) (a) |
|---|
| 1723 | | - | 5., a person is not required to complete a responsible bev- |
|---|
| 1724 | | - | erage server training course to be eligible for a permit |
|---|
| 1725 | | - | under this section. Corporations and limited liability |
|---|
| 1726 | | - | companies obtaining fulfillment house permits are sub- |
|---|
| 1727 | | - | ject to s. 125.04 (6) and any other person, including any |
|---|
| 1728 | | - | natural person or cooperative, obtaining a fulfillment |
|---|
| 1729 | | - | house permit shall appoint an agent, and be subject to all |
|---|
| 1730 | | - | provisions of s. 125.04 (6), in the same manner applicable |
|---|
| 1731 | | - | to corporations and limited liability companies. |
|---|
| 1732 | | - | (3) PACKAGE LABELING. A person holding a permit |
|---|
| 1733 | | - | under this section shall ensure all containers of wine |
|---|
| 1734 | | - | shipped directly to an individual in this state are labeled |
|---|
| 1735 | | - | with all of the following information: |
|---|
| 1736 | | - | (a) The following words, appearing in capital letters |
|---|
| 1737 | | - | and in a conspicuous location: “CONTAINS ALCO- |
|---|
| 1738 | | - | HOL: SIGNATURE OF PERSON AGE 21 OR OLDER |
|---|
| 1739 | | - | REQUIRED FOR DELIVERY.” |
|---|
| 1740 | | - | (b) The name, address, and permit number of the ful- |
|---|
| 1741 | | - | fillment house permittee and the name, address, and per- |
|---|
| 1742 | | - | mit number of the direct wine shipper. |
|---|
| 1743 | | - | (4) SHIPMENT. (a) A fulfillment house permittee may |
|---|
| 1744 | | - | not ship into this state wine from any person not holding |
|---|
| 1745 | | - | a direct wine shipper’s permit under s. 125.535. |
|---|
| 1746 | | - | (b) A fulfillment house permittee may not ship wine |
|---|
| 1747 | | - | into this state through a common carrier that does not |
|---|
| 1748 | | - | hold a permit under s. 125.22. All containers of wine |
|---|
| 1749 | | - | shipped directly to an individual in this state shall be |
|---|
| 1750 | | - | shipped using a common carrier holding a permit issued |
|---|
| 1751 | | - | under s. 125.22. |
|---|
| 1752 | | - | (c) Prior to shipping wine to an individual in this |
|---|
| 1753 | | - | state, a fulfillment house permittee shall verify the valid- |
|---|
| 1754 | | - | ity of the permit of each direct wine shipper and of each |
|---|
| 1755 | | - | common carrier associated with the shipment. |
|---|
| 1756 | | - | (5) REPORTS. (a) No later than the 15th day of each |
|---|
| 1757 | | - | month, a fulfillment house holding a permit under this |
|---|
| 1758 | | - | section shall submit a verified report to the division, in |
|---|
| 1759 | | - | the form and manner prescribed by the division, that |
|---|
| 1760 | | - | includes all of the following information for each ship- |
|---|
| 1761 | | - | ment of alcohol beverages during the preceding month: |
|---|
| 1762 | | - | 1. The name and address of the person that manufac- |
|---|
| 1763 | | - | tured the alcohol beverages. |
|---|
| 1764 | | - | 2. The name and address of the consignor of the ship- |
|---|
| 1765 | | - | ment, if different from the person that manufactured the |
|---|
| 1766 | | - | alcohol beverages. |
|---|
| 1767 | | - | 3. The name and address of the consignee of the ship- |
|---|
| 1768 | | - | ment. |
|---|
| 1769 | | - | 4. The date of the shipment. |
|---|
| 1770 | | - | 5. The type and quantity of alcohol beverages |
|---|
| 1771 | | - | shipped to the consignee. − 18 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 1772 | | - | 6. The parcel tracking number, waybill number, or |
|---|
| 1773 | | - | other identifying number for the shipment. |
|---|
| 1774 | | - | (b) The division and the department shall keep confi- |
|---|
| 1775 | | - | dential the information under par. (a) 3. and 6., and this |
|---|
| 1776 | | - | information is not subject to public copying or inspection |
|---|
| 1777 | | - | under s. 19.35 (1), but all other information included in |
|---|
| 1778 | | - | a report under par. (a) is subject to public copying and |
|---|
| 1779 | | - | inspection under s. 19.35 (1) and may not be treated by |
|---|
| 1780 | | - | the division or the department as confidential under any |
|---|
| 1781 | | - | provision of s. 71.78, 71.83, or 139.11 (4). |
|---|
| 1782 | | - | (6) PENALTIES. (a) Any fulfillment house that fails |
|---|
| 1783 | | - | to obtain a permit under this section in violation of sub. |
|---|
| 1784 | | - | (1) is subject to a fine of not more than $10,000. |
|---|
| 1785 | | - | (b) Any permittee under this section that ships alco- |
|---|
| 1786 | | - | hol beverages other than wine obtained from a direct |
|---|
| 1787 | | - | wine shipper holding a permit under s. 125.535 is subject |
|---|
| 1788 | | - | to a forfeiture of not more than $2,000. The division shall |
|---|
| 1789 | | - | revoke the permit of any permittee that violates this pro- |
|---|
| 1790 | | - | hibition in more than one month during a calendar year. |
|---|
| 1791 | | - | Except as provided in this paragraph, s. 125.12 (5) shall |
|---|
| 1792 | | - | apply with respect to the division’s revocation of the per- |
|---|
| 1793 | | - | mit. |
|---|
| 1794 | | - | (c) If a fulfillment house fails to submit a report |
|---|
| 1795 | | - | required under sub. (5), the fulfillment house is subject to |
|---|
| 1796 | | - | a forfeiture of not more than $2,000. |
|---|
| 1797 | | - | SECTION 26at. 125.24 of the statutes is created to |
|---|
| 1798 | | - | read: |
|---|
| 1799 | | - | 125.24 No−sale event venue permit. (1) PERMIT |
|---|
| 1800 | | - | ISSUANCE. (a) Except as otherwise provided in this sec- |
|---|
| 1801 | | - | tion, the division may issue to property owners no−sale |
|---|
| 1802 | | - | event venue permits that authorize the permittee to rent |
|---|
| 1803 | | - | or lease real property for use as an event venue at which |
|---|
| 1804 | | - | fermented malt beverages and wine are consumed if all |
|---|
| 1805 | | - | requirements under this section are satisfied. |
|---|
| 1806 | | - | (b) A no−sale event venue permit may be issued only |
|---|
| 1807 | | - | to a person who holds a valid certificate issued under s. |
|---|
| 1808 | | - | 73.03 (50) and is qualified under s. 125.04 (5), except that |
|---|
| 1809 | | - | a person is not required to complete a responsible bever- |
|---|
| 1810 | | - | age server training course to be eligible for a permit under |
|---|
| 1811 | | - | this section. |
|---|
| 1812 | | - | (c) A no−sale event venue permit may not be issued |
|---|
| 1813 | | - | unless all of the following are satisfied: |
|---|
| 1814 | | - | 1. The applicant certifies in the permit application |
|---|
| 1815 | | - | how many events were held at the venue in the 12−month |
|---|
| 1816 | | - | period immediately preceding the application. |
|---|
| 1817 | | - | 2. The applicant identifies with specificity in the per- |
|---|
| 1818 | | - | mit application the property that is the event venue cov- |
|---|
| 1819 | | - | ered by the permit. |
|---|
| 1820 | | - | (d) Subject to sub. (2) (c) 3., a permit may not be |
|---|
| 1821 | | - | issued under this section for premises that are covered by |
|---|
| 1822 | | - | any other license or permit under this chapter, but a |
|---|
| 1823 | | - | caterer holding Class “B” and “Class B” licenses may |
|---|
| 1824 | | - | deliver fermented malt beverages and wine to the event |
|---|
| 1825 | | - | venue if all requirements under sub. (2) are satisfied. |
|---|
| 1826 | | - | (e) The division shall establish an annual fee, calcu- |
|---|
| 1827 | | - | lated to cover the division’s administrative costs under |
|---|
| 1828 | | - | this section, for a permit issued under this section. |
|---|
| 1829 | | - | (2) ACTIVITIES AUTHORIZED UNDER PERMIT. (a) A no− |
|---|
| 1830 | | - | sale event venue permit authorizes the permittee to rent |
|---|
| 1831 | | - | or lease real property for use as an event venue at which |
|---|
| 1832 | | - | fermented malt beverages and wine are consumed on no |
|---|
| 1833 | | - | more than 6 days per calendar year and no more than one |
|---|
| 1834 | | - | day per month. |
|---|
| 1835 | | - | (b) 1. A no−sale event venue permittee may not sell |
|---|
| 1836 | | - | or otherwise provide alcohol beverages to the renter or |
|---|
| 1837 | | - | lessee of the event venue or to any guest or attendee of an |
|---|
| 1838 | | - | event on the event venue, including charging admission |
|---|
| 1839 | | - | for an event on the event venue at which any alcohol bev- |
|---|
| 1840 | | - | erages are served. |
|---|
| 1841 | | - | 2. A no−sale event venue permittee may not allow |
|---|
| 1842 | | - | any person to possess distilled spirits on the event venue |
|---|
| 1843 | | - | when the event venue is being used by a renter or lessee. |
|---|
| 1844 | | - | (c) Subject to pars. (d) and (e), a no−sale event venue |
|---|
| 1845 | | - | permit authorizes the permittee to do any of the follow- |
|---|
| 1846 | | - | ing: |
|---|
| 1847 | | - | 1. Allow the renter or lessee of the event venue to |
|---|
| 1848 | | - | bring the renter’s or lessee’s own fermented malt bever- |
|---|
| 1849 | | - | ages and wine onto the event venue and serve it to guests |
|---|
| 1850 | | - | without charge. |
|---|
| 1851 | | - | 2. Allow the guests of the renter or lessee to bring fer- |
|---|
| 1852 | | - | mented malt beverages and wine onto the event venue to |
|---|
| 1853 | | - | be consumed by the guests without charge. |
|---|
| 1854 | | - | 3. Allow the renter or lessee to obtain temporary |
|---|
| 1855 | | - | Class “B” and “Class B” licenses for an event held on the |
|---|
| 1856 | | - | event venue and sell fermented malt beverages and wine |
|---|
| 1857 | | - | under the temporary Class “B” and “Class B” licenses on |
|---|
| 1858 | | - | the event venue. |
|---|
| 1859 | | - | 4. Allow the renter or lessee to contract with a caterer |
|---|
| 1860 | | - | holding Class “B” and “Class B” licenses for the caterer |
|---|
| 1861 | | - | to provide fermented malt beverages and wine to the |
|---|
| 1862 | | - | renter or lessee and the renter’s or lessee’s guests without |
|---|
| 1863 | | - | charge on the event venue. |
|---|
| 1864 | | - | (d) If a renter or lessee of an event venue contracts |
|---|
| 1865 | | - | with a caterer as provided in par. (c) 4., all of the follow- |
|---|
| 1866 | | - | ing apply: |
|---|
| 1867 | | - | 1. Neither the renter or lessee of the event venue nor |
|---|
| 1868 | | - | any guest of the renter or lessee may bring alcohol bever- |
|---|
| 1869 | | - | ages onto the event venue. |
|---|
| 1870 | | - | 2. The caterer may serve the fermented malt bever- |
|---|
| 1871 | | - | ages and wine that are provided on the event venue, but |
|---|
| 1872 | | - | service shall be performed only by persons holding an |
|---|
| 1873 | | - | operator’s license under s. 125.17. |
|---|
| 1874 | | - | 3. The caterer may not provide fermented malt bever- |
|---|
| 1875 | | - | ages or wine on the event venue unless the renter or lessee |
|---|
| 1876 | | - | has first purchased the fermented malt beverages or wine |
|---|
| 1877 | | - | from the caterer in a face−to−face transaction at the cater- |
|---|
| 1878 | | - | er’s licensed retail premises. − 19 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 1879 | | - | (e) A renter or lessee of an event venue covered by |
|---|
| 1880 | | - | a permit under this section may not do any of the follow- |
|---|
| 1881 | | - | ing: |
|---|
| 1882 | | - | 1. Except as provided in par. (c) 3., sell any alcohol |
|---|
| 1883 | | - | beverages to guests or attendees of an event on the event |
|---|
| 1884 | | - | venue, including charging admission for an event on the |
|---|
| 1885 | | - | event venue at which any alcohol beverages are served. |
|---|
| 1886 | | - | 2. Allow any person to possess distilled spirits on the |
|---|
| 1887 | | - | event venue. |
|---|
| 1888 | | - | 3. If there are 20 or more people on the event venue, |
|---|
| 1889 | | - | allow the service of fermented malt beverages or wine |
|---|
| 1890 | | - | unless the service is performed by a person holding an |
|---|
| 1891 | | - | operator’s license under s. 125.17. |
|---|
| 1892 | | - | (3) INTEREST RESTRICTIONS. Subject to s. 125.20 (6), |
|---|
| 1893 | | - | a no−sale event venue permit may not be issued to any |
|---|
| 1894 | | - | person who holds, or has an interest in a permittee hold- |
|---|
| 1895 | | - | ing, any of the following: |
|---|
| 1896 | | - | (a) A wholesaler’s permit issued under s. 125.28 or |
|---|
| 1897 | | - | 125.54. |
|---|
| 1898 | | - | (b) A brewer’s permit issued under s. 125.29. |
|---|
| 1899 | | - | (c) A brewpub permit issued under s. 125.295. |
|---|
| 1900 | | - | (d) A winery permit issued under s. 125.53. |
|---|
| 1901 | | - | (e) A manufacturer’s or rectifier’s permit issued |
|---|
| 1902 | | - | under s. 125.52. |
|---|
| 1903 | | - | (f) An out−of−state shipper’s permit issued under s. |
|---|
| 1904 | | - | 125.30 or 125.58. |
|---|
| 1905 | | - | (4) EXCEPTION FOR PERMITTEE APPLYING FOR RETAIL |
|---|
| 1906 | | - | LICENSE. Notwithstanding any operating limitation in |
|---|
| 1907 | | - | sub. (1) or (2), a permittee under this section that has |
|---|
| 1908 | | - | applied for and is actively seeking a Class “B” or “Class |
|---|
| 1909 | | - | B” license for the event venue covered by the no−sale |
|---|
| 1910 | | - | event venue permit may, for 6 months after the date of the |
|---|
| 1911 | | - | Class “B” or “Class B” license application, continue to |
|---|
| 1912 | | - | operate in a manner similar to the manner in which it |
|---|
| 1913 | | - | operated in the immediately preceding 12−month period |
|---|
| 1914 | | - | if all of the following apply: |
|---|
| 1915 | | - | (a) The permittee has determined that it can no longer |
|---|
| 1916 | | - | operate under the no−sale event venue permit. |
|---|
| 1917 | | - | (b) The permittee has provided notice to the division |
|---|
| 1918 | | - | of the application for a Class “B” or “Class B” license. |
|---|
| 1919 | | - | (c) The permittee has not previously held a no−sale |
|---|
| 1920 | | - | event venue permit for which the permittee provided |
|---|
| 1921 | | - | notice under par. (b). |
|---|
| 1922 | | - | (5) QUOTA EXCEPTION FOR QUALIFYING PERSONS WHO |
|---|
| 1923 | | - | OPT OUT OF NO−SALE EVENT VENUE PERMIT. (a) In this sub- |
|---|
| 1924 | | - | section, “qualifying event venue” means real property |
|---|
| 1925 | | - | that is rented or leased for use as an event venue for pri- |
|---|
| 1926 | | - | vate events that satisfy all of the following requirements |
|---|
| 1927 | | - | in the preceding 12−month period: |
|---|
| 1928 | | - | 1. There were at least 5 events held at the venue at |
|---|
| 1929 | | - | which no fewer than 50 invited guests attended. |
|---|
| 1930 | | - | 2. The venue owner received at least $20,000 in rev- |
|---|
| 1931 | | - | enue from renting or leasing the venue for the events |
|---|
| 1932 | | - | under subd. 1. |
|---|
| 1933 | | - | (b) Upon application, the division shall certify an |
|---|
| 1934 | | - | owner of a qualifying event venue as eligible for the |
|---|
| 1935 | | - | quota exception under s. 125.51 (4) (v) 5. if all of the fol- |
|---|
| 1936 | | - | lowing apply: |
|---|
| 1937 | | - | 1. The qualifying event venue is in operation on the |
|---|
| 1938 | | - | effective date of this subdivision .... [LRB inserts date], |
|---|
| 1939 | | - | and has been in operation for the 12−month period imme- |
|---|
| 1940 | | - | diately preceding the date of the application. |
|---|
| 1941 | | - | 2. The qualifying event venue has not been a “Class |
|---|
| 1942 | | - | B” licensed premises at any time in the 12−month period |
|---|
| 1943 | | - | immediately preceding the date of the application. |
|---|
| 1944 | | - | 3. The owner of the qualifying event venue has not |
|---|
| 1945 | | - | applied for a permit under this section. |
|---|
| 1946 | | - | 4. The owner of the qualifying event venue provides |
|---|
| 1947 | | - | documentation to the division that, in the absence of the |
|---|
| 1948 | | - | exception under s. 125.51 (4) (v) 5., the municipality in |
|---|
| 1949 | | - | which the qualifying event venue is located would be |
|---|
| 1950 | | - | prohibited under s. 125.51 (4) (am) from issuing the |
|---|
| 1951 | | - | owner a “Class B” license. |
|---|
| 1952 | | - | 5. The owner of the qualifying event venue provides |
|---|
| 1953 | | - | documentation to the division showing, and the division |
|---|
| 1954 | | - | confirms, that the requirements under subd. 1. and par. (a) |
|---|
| 1955 | | - | are satisfied. |
|---|
| 1956 | | - | 6. The owner of the qualifying event venue provides |
|---|
| 1957 | | - | notice to the division no later than 60 days after the effec- |
|---|
| 1958 | | - | tive date of this subdivision .... [LRB inserts date], that |
|---|
| 1959 | | - | the owner is applying for a “Class B” license and is not |
|---|
| 1960 | | - | seeking a no−sale event venue permit. |
|---|
| 1961 | | - | (c) The division shall act on an application for certifi- |
|---|
| 1962 | | - | cation under par. (b) within 30 days of receiving the |
|---|
| 1963 | | - | application. |
|---|
| 1964 | | - | (d) The division may not issue a certification under |
|---|
| 1965 | | - | par. (b) after the first day of the 7th month beginning after |
|---|
| 1966 | | - | the effective date of this paragraph .... [LRB inserts date]. |
|---|
| 1967 | | - | SECTION 26ax. 125.25 (2) (b) of the statutes is |
|---|
| 1968 | | - | repealed and recreated to read: |
|---|
| 1969 | | - | 125.25 (2) (b) Subject to s. 125.20 (6), a Class “A” |
|---|
| 1970 | | - | license may not be issued to any person who holds, or has |
|---|
| 1971 | | - | an interest in a permittee holding, any of the following: |
|---|
| 1972 | | - | 1. A wholesaler’s permit issued under s. 125.28 or |
|---|
| 1973 | | - | 125.54. |
|---|
| 1974 | | - | 2. A brewer’s permit issued under s. 125.29. |
|---|
| 1975 | | - | 3. A brewpub permit issued under s. 125.295. |
|---|
| 1976 | | - | 4. A winery permit issued under s. 125.53. |
|---|
| 1977 | | - | 5. A manufacturer’s or rectifier’s permit issued under |
|---|
| 1978 | | - | s. 125.52. |
|---|
| 1979 | | - | 6. An out−of−state shipper’s permit issued under s. |
|---|
| 1980 | | - | 125.30 or 125.58. |
|---|
| 1981 | | - | SECTION 26bb. 125.26 (2) (b) of the statutes is |
|---|
| 1982 | | - | repealed and recreated to read: |
|---|
| 1983 | | - | 125.26 (2) (b) Subject to s. 125.20 (6), a Class “B” |
|---|
| 1984 | | - | license may not be issued to any person who holds, or has |
|---|
| 1985 | | - | an interest in a permittee holding, any of the following: |
|---|
| 1986 | | - | 1. A wholesaler’s permit issued under s. 125.28 or |
|---|
| 1987 | | - | 125.54. |
|---|
| 1988 | | - | 2. A brewer’s permit issued under s. 125.29. |
|---|
| 1989 | | - | 3. Except as provided in s. 125.295 (1) (h), (2) (a) 6. |
|---|
| 1990 | | - | b., and (3) (b), a brewpub permit issued under s. 125.295. − 20 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 1991 | | - | 4. A winery permit issued under s. 125.53. |
|---|
| 1992 | | - | 5. A manufacturer’s or rectifier’s permit issued under |
|---|
| 1993 | | - | s. 125.52. |
|---|
| 1994 | | - | 6. An out−of−state shipper’s permit issued under s. |
|---|
| 1995 | | - | 125.30 or 125.58. |
|---|
| 1996 | | - | SECTION 26bc. 125.26 (2m) of the statutes is |
|---|
| 1997 | | - | amended to read: |
|---|
| 1998 | | - | 125.26 (2m) Notwithstanding s. 125.04 (3) (a) 3. and |
|---|
| 1999 | | - | (9), a Class “B” license authorizes a person operating a |
|---|
| 2000 | | - | hotel to furnish a registered guest who has attained the |
|---|
| 2001 | | - | legal drinking age with a selection of fermented malt bev- |
|---|
| 2002 | | - | erages in the guest’s room which is not part of the Class |
|---|
| 2003 | | - | “B” premises. Fermented malt beverages furnished |
|---|
| 2004 | | - | under this subsection shall be furnished in original pack- |
|---|
| 2005 | | - | ages or containers and stored in a cabinet, refrigerator or |
|---|
| 2006 | | - | other secure storage place. The cabinet, refrigerator or |
|---|
| 2007 | | - | other secure storage place must be capable of being |
|---|
| 2008 | | - | locked. The cabinet, refrigerator or other secure storage |
|---|
| 2009 | | - | place shall be locked, or the fermented malt beverages |
|---|
| 2010 | | - | shall be removed from the room, when the room is not |
|---|
| 2011 | | - | occupied and when fermented malt beverages are not |
|---|
| 2012 | | - | being furnished under this subsection. A key for the lock |
|---|
| 2013 | | - | shall be supplied to a guest who has attained the legal |
|---|
| 2014 | | - | drinking age upon request at registration. The hotel shall |
|---|
| 2015 | | - | prominently display a price list of the fermented malt |
|---|
| 2016 | | - | beverages in the hotel room. Fermented malt beverages |
|---|
| 2017 | | - | may be furnished at the time the guest occupies the room, |
|---|
| 2018 | | - | but for purposes of this chapter, the sale of fermented |
|---|
| 2019 | | - | malt beverages furnished under this subsection is consid- |
|---|
| 2020 | | - | ered to occur at the time and place that the guest pays for |
|---|
| 2021 | | - | the fermented malt beverages. Notwithstanding s. |
|---|
| 2022 | | - | 125.32 (3), the guest may pay for the fermented malt bev- |
|---|
| 2023 | | - | erages at any time if he or she pays in conjunction with |
|---|
| 2024 | | - | checking out of the hotel. An individual who stocks or |
|---|
| 2025 | | - | accepts payment for alcohol beverages under this subsec- |
|---|
| 2026 | | - | tion shall be the licensee, the agent named in the license |
|---|
| 2027 | | - | if the licensee is a corporation or limited liability com- |
|---|
| 2028 | | - | pany, or the holder of a manager’s or operator’s license |
|---|
| 2029 | | - | or operator’s permit, or be supervised by one of those |
|---|
| 2030 | | - | individuals. |
|---|
| 2031 | | - | SECTION 26bd. 125.26 (2s) (b) of the statutes is |
|---|
| 2032 | | - | amended to read: |
|---|
| 2033 | | - | 125.26 (2s) (b) Notwithstanding s. 125.04 (3) (a) 3. |
|---|
| 2034 | | - | and (9), a Class “B” license authorizes a person operating |
|---|
| 2035 | | - | a coliseum or a concessionaire to furnish the holder of a |
|---|
| 2036 | | - | coliseum suite who has attained the legal drinking age |
|---|
| 2037 | | - | with a selection of fermented malt beverages in the coli- |
|---|
| 2038 | | - | seum suite that is not part of the Class “B” premises. Fer- |
|---|
| 2039 | | - | mented malt beverages furnished under this paragraph |
|---|
| 2040 | | - | shall be furnished in original packages or containers and |
|---|
| 2041 | | - | stored in a cabinet, refrigerator or other secure storage |
|---|
| 2042 | | - | place. The cabinet, refrigerator or other secure storage |
|---|
| 2043 | | - | place or the coliseum suite must be capable of being |
|---|
| 2044 | | - | locked. The cabinet, refrigerator or other secure storage |
|---|
| 2045 | | - | place or the coliseum suite shall be locked, or the fer- |
|---|
| 2046 | | - | mented malt beverages shall be removed from the coli- |
|---|
| 2047 | | - | seum suite, when the coliseum suite is not occupied and |
|---|
| 2048 | | - | when fermented malt beverages are not being furnished |
|---|
| 2049 | | - | under this paragraph. Fermented malt beverages may be |
|---|
| 2050 | | - | furnished at the time the holder occupies the coliseum |
|---|
| 2051 | | - | suite, but for purposes of this chapter, the sale of fer- |
|---|
| 2052 | | - | mented malt beverages furnished under this paragraph is |
|---|
| 2053 | | - | considered to occur at the time and place that the holder |
|---|
| 2054 | | - | pays for the fermented malt beverages. Notwithstanding |
|---|
| 2055 | | - | s. 125.32 (3), the holder of a coliseum suite may pay for |
|---|
| 2056 | | - | the fermented malt beverages at any time if he or she pays |
|---|
| 2057 | | - | in accordance with the terms of an agreement with the |
|---|
| 2058 | | - | person operating the coliseum or with the concessionaire. |
|---|
| 2059 | | - | An individual who stocks or accepts payment for alcohol |
|---|
| 2060 | | - | beverages under this paragraph shall be the licensee, the |
|---|
| 2061 | | - | agent named in the license if the licensee is a corporation |
|---|
| 2062 | | - | or limited liability company, or the holder of a manager’s |
|---|
| 2063 | | - | or operator’s license or operator’s permit, or be super- |
|---|
| 2064 | | - | vised by one of those individuals. |
|---|
| 2065 | | - | SECTION 26be. 125.27 (1) (a) of the statutes is |
|---|
| 2066 | | - | amended to read: |
|---|
| 2067 | | - | 125.27 (1) (a) The department division shall issue |
|---|
| 2068 | | - | Class “B” permits to clubs holding a valid certificate |
|---|
| 2069 | | - | issued under s. 73.03 (50) that are operated solely for the |
|---|
| 2070 | | - | playing of golf or tennis and are commonly known as |
|---|
| 2071 | | - | country clubs and to clubs that are operated solely for |
|---|
| 2072 | | - | curling, ski jumping or yachting, if the club is not open |
|---|
| 2073 | | - | to the general public and if no Class “B” licenses are |
|---|
| 2074 | | - | issued by the governing body of the municipality in |
|---|
| 2075 | | - | which the club is located. A Class “B” permit authorizes |
|---|
| 2076 | | - | retail sales of fermented malt beverages to be consumed |
|---|
| 2077 | | - | on the premises where sold. Persons holding a Class “B” |
|---|
| 2078 | | - | permit may sell beverages containing less than 0.5 per- |
|---|
| 2079 | | - | cent of alcohol by volume without obtaining a license |
|---|
| 2080 | | - | under s. 66.0433. |
|---|
| 2081 | | - | SECTION 26bf. 125.27 (2) (a) 1. (intro.) of the statutes |
|---|
| 2082 | | - | is amended to read: |
|---|
| 2083 | | - | 125.27 (2) (a) 1. (intro.) The department division |
|---|
| 2084 | | - | may issue a Class “B” permit to any person who holds a |
|---|
| 2085 | | - | valid certificate issued under s. 73.03 (50) and who is |
|---|
| 2086 | | - | qualified under s. 125.04 (5) authorizing the sale of fer- |
|---|
| 2087 | | - | mented malt beverages for consumption on any vessel |
|---|
| 2088 | | - | having a regular place of mooring located in any waters |
|---|
| 2089 | | - | of this state as defined under s. 29.001 (45) and (63) if any |
|---|
| 2090 | | - | of the following applies: |
|---|
| 2091 | | - | SECTION 26bg. 125.27 (2) (a) 2. of the statutes is |
|---|
| 2092 | | - | amended to read: |
|---|
| 2093 | | - | 125.27 (2) (a) 2. The department division may issue |
|---|
| 2094 | | - | the permit only if the vessel leaves its place of mooring |
|---|
| 2095 | | - | while the sale of fermented malt beverages is taking place |
|---|
| 2096 | | - | and if the vessel fulfills the requirement under par. (am). |
|---|
| 2097 | | - | A permit issued under this paragraph also authorizes the |
|---|
| 2098 | | - | permittee to store fermented malt beverages purchased |
|---|
| 2099 | | - | for sale on the vessel on premises owned or leased by the |
|---|
| 2100 | | - | permittee and located near the vessel’s regular place of |
|---|
| 2101 | | - | mooring. The permittee shall describe on the permit |
|---|
| 2102 | | - | application under s. 125.04 (3) (a) 3. the premises where − 21 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 2103 | | - | the fermented malt beverages will be stored. The |
|---|
| 2104 | | - | premises shall be open to inspection by the department |
|---|
| 2105 | | - | division upon request. |
|---|
| 2106 | | - | SECTION 26bh. 125.27 (3) (b) of the statutes is |
|---|
| 2107 | | - | amended to read: |
|---|
| 2108 | | - | 125.27 (3) (b) Upon application, the department divi- |
|---|
| 2109 | | - | sion shall issue a Class “B” permit to a tribe that holds a |
|---|
| 2110 | | - | valid certificate issued under s. 73.03 (50) and that is |
|---|
| 2111 | | - | qualified under s. 125.04 (5) and (6). The permit autho- |
|---|
| 2112 | | - | rizes the retail sale of fermented malt beverages for con- |
|---|
| 2113 | | - | sumption on or off the premises where sold. |
|---|
| 2114 | | - | SECTION 26bi. 125.27 (5) (b) and (f) of the statutes |
|---|
| 2115 | | - | are amended to read: |
|---|
| 2116 | | - | 125.27 (5) (b) The department division may issue |
|---|
| 2117 | | - | Class “B” permits for locations within racetrack grounds |
|---|
| 2118 | | - | to any person that holds a valid certificate issued under |
|---|
| 2119 | | - | s. 73.03 (50), that is qualified under s. 125.04 (5) and (6), |
|---|
| 2120 | | - | and that is the owner or operator of the racetrack grounds |
|---|
| 2121 | | - | or is designated by the owner or operator of the racetrack |
|---|
| 2122 | | - | grounds to operate premises located within the racetrack |
|---|
| 2123 | | - | grounds. Subject to par. (e), the permit authorizes the |
|---|
| 2124 | | - | retail sale of fermented malt beverages on the premises |
|---|
| 2125 | | - | covered by the permit, for consumption anywhere within |
|---|
| 2126 | | - | the racetrack grounds. If the department division issues |
|---|
| 2127 | | - | more than one permit under this subsection for the same |
|---|
| 2128 | | - | racetrack grounds, no part of the premises covered by a |
|---|
| 2129 | | - | permit under this subsection may overlap with premises |
|---|
| 2130 | | - | covered by any other permit issued under this subsection. |
|---|
| 2131 | | - | (f) The department division shall establish a fee for |
|---|
| 2132 | | - | a permit issued under this subsection in the amount of 50 |
|---|
| 2133 | | - | percent of the fee for a permit issued under sub. (1). |
|---|
| 2134 | | - | SECTION 26bj. 125.27 (7) of the statutes is created to |
|---|
| 2135 | | - | read: |
|---|
| 2136 | | - | 125.27 (7) INTEREST RESTRICTIONS. Subject to s. |
|---|
| 2137 | | - | 125.20 (6), a Class “B” permit may not be issued to any |
|---|
| 2138 | | - | person who holds, or has an interest in a permittee hold- |
|---|
| 2139 | | - | ing, any of the following: |
|---|
| 2140 | | - | (a) A wholesaler’s permit issued under s. 125.28 or |
|---|
| 2141 | | - | 125.54. |
|---|
| 2142 | | - | (b) A brewer’s permit issued under s. 125.29. |
|---|
| 2143 | | - | (c) A brewpub permit issued under s. 125.295. |
|---|
| 2144 | | - | (d) A winery permit issued under s. 125.53. |
|---|
| 2145 | | - | (e) A manufacturer’s or rectifier’s permit issued |
|---|
| 2146 | | - | under s. 125.52. |
|---|
| 2147 | | - | (f) An out−of−state shipper’s permit issued under s. |
|---|
| 2148 | | - | 125.30 or 125.58. |
|---|
| 2149 | | - | SECTION 26bk. 125.275 (1) of the statutes is |
|---|
| 2150 | | - | amended to read: |
|---|
| 2151 | | - | 125.275 (1) The department division may issue an |
|---|
| 2152 | | - | industrial fermented malt beverages permit which autho- |
|---|
| 2153 | | - | rizes the permittee to purchase and use fermented malt |
|---|
| 2154 | | - | beverages for industrial purposes only. Such permits |
|---|
| 2155 | | - | may be issued only to persons who prove to the depart- |
|---|
| 2156 | | - | ment division that they use alcohol for industrial pur- |
|---|
| 2157 | | - | poses and who holds a valid certificate issued under s. |
|---|
| 2158 | | - | 73.03 (50). |
|---|
| 2159 | | - | SECTION 26bm. 125.275 (2) (b) of the statutes is |
|---|
| 2160 | | - | amended to read: |
|---|
| 2161 | | - | 125.275 (2) (b) An industrial fermented malt bever- |
|---|
| 2162 | | - | ages permit may not be issued to a person holding a |
|---|
| 2163 | | - | wholesaler’s permit issued under s. 125.28 or to a person |
|---|
| 2164 | | - | who has a direct or indirect ownership an interest in a |
|---|
| 2165 | | - | premises operating under a wholesaler’s permit issued |
|---|
| 2166 | | - | permittee under s. 125.28. |
|---|
| 2167 | | - | SECTION 26bn. 125.275 (3) of the statutes is |
|---|
| 2168 | | - | amended to read: |
|---|
| 2169 | | - | 125.275 (3) Shipments of industrial fermented malt |
|---|
| 2170 | | - | beverages shall be conspicuously labeled “for industrial |
|---|
| 2171 | | - | purposes” and shall meet other requirements which the |
|---|
| 2172 | | - | department division prescribes by rule. |
|---|
| 2173 | | - | SECTION 26bo. 125.28 (1) (a) of the statutes is |
|---|
| 2174 | | - | amended to read: |
|---|
| 2175 | | - | 125.28 (1) (a) Subject to par. (b), the department divi- |
|---|
| 2176 | | - | sion may issue permits to wholesalers for the sale of fer- |
|---|
| 2177 | | - | mented malt beverages from premises within this state, |
|---|
| 2178 | | - | which premises shall comply with the requirements |
|---|
| 2179 | | - | under s. 125.34 (2). Subject to s. 125.34, and except as |
|---|
| 2180 | | - | provided in pars. (e) and (f), a wholesaler’s permit autho- |
|---|
| 2181 | | - | rizes sales of fermented malt beverages only in original |
|---|
| 2182 | | - | packages or containers to retailers or wholesalers. |
|---|
| 2183 | | - | SECTION 26bp. 125.28 (1) (b) of the statutes is |
|---|
| 2184 | | - | amended to read: |
|---|
| 2185 | | - | 125.28 (1) (b) If a wholesaler does not maintain any |
|---|
| 2186 | | - | warehouse in this state but is licensed and maintains a |
|---|
| 2187 | | - | warehouse in an adjoining state that allows wholesalers |
|---|
| 2188 | | - | holding a wholesaler’s permit in this state to deliver fer- |
|---|
| 2189 | | - | mented malt beverages to retailers in the adjoining state |
|---|
| 2190 | | - | without warehousing in that state and that further |
|---|
| 2191 | | - | requires that all fermented malt beverages be first |
|---|
| 2192 | | - | unloaded and physically at rest at, and distributed from, |
|---|
| 2193 | | - | the warehouse of the licensed wholesaler in that state, the |
|---|
| 2194 | | - | wholesaler’s permit shall be issued by the department |
|---|
| 2195 | | - | division. Notwithstanding s. 125.04 (5) (a) 2. and (c) and |
|---|
| 2196 | | - | (6), the department division may issue the wholesaler’s |
|---|
| 2197 | | - | permit to a wholesaler described in this paragraph who is |
|---|
| 2198 | | - | a natural person and not a resident of this state or that is |
|---|
| 2199 | | - | a corporation or limited liability company and has not |
|---|
| 2200 | | - | appointed an agent in this state. |
|---|
| 2201 | | - | SECTION 26bq. 125.28 (2) (b) (intro.) of the statutes |
|---|
| 2202 | | - | is amended to read: |
|---|
| 2203 | | - | 125.28 (2) (b) (intro.) A Subject to s. 125.20 (6), a |
|---|
| 2204 | | - | wholesaler’s permit may not be issued to any of the fol- |
|---|
| 2205 | | - | lowing: |
|---|
| 2206 | | - | SECTION 26br. 125.28 (2) (b) 1. a. of the statutes is |
|---|
| 2207 | | - | amended to read: |
|---|
| 2208 | | - | 125.28 (2) (b) 1. a. A Class “A” license issued under |
|---|
| 2209 | | - | s. 125.25 or “Class A” license issued under s. 125.51 (2). |
|---|
| 2210 | | - | SECTION 26bs. 125.28 (2) (b) 1. b. of the statutes is |
|---|
| 2211 | | - | amended to read: |
|---|
| 2212 | | - | 125.28 (2) (b) 1. b. A Class “B” license issued under |
|---|
| 2213 | | - | s. 125.26, “Class B” license issued under s. 125.51 (3), or |
|---|
| 2214 | | - | “Class C” license issued under s. 125.51 (3m). − 22 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 2215 | | - | SECTION 26bt. 125.28 (2) (b) 1. c. of the statutes is |
|---|
| 2216 | | - | amended to read: |
|---|
| 2217 | | - | 125.28 (2) (b) 1. c. A Class “B” permit issued under |
|---|
| 2218 | | - | s. 125.27 or “Class B” permit issued under s. 125.51 (5). |
|---|
| 2219 | | - | SECTION 26bu. 125.28 (2) (b) 1. g., h. and i. of the |
|---|
| 2220 | | - | statutes are created to read: |
|---|
| 2221 | | - | 125.28 (2) (b) 1. g. A winery permit issued under s. |
|---|
| 2222 | | - | 125.53. |
|---|
| 2223 | | - | h. A manufacturer’s or rectifier’s permit issued under |
|---|
| 2224 | | - | s. 125.52. |
|---|
| 2225 | | - | i. An out−of−state shipper’s permit issued under s. |
|---|
| 2226 | | - | 125.30 or 125.58. |
|---|
| 2227 | | - | SECTION 26bv. 125.28 (2) (b) 1. j. of the statutes is |
|---|
| 2228 | | - | created to read: |
|---|
| 2229 | | - | 125.28 (2) (b) 1. j. A no−sale event venue permit |
|---|
| 2230 | | - | issued under s. 125.24. |
|---|
| 2231 | | - | SECTION 26bw. 125.28 (2) (b) 2. of the statutes is |
|---|
| 2232 | | - | amended to read: |
|---|
| 2233 | | - | 125.28 (2) (b) 2. Except as provided in s. 125.33 (2m) |
|---|
| 2234 | | - | Subject to s. 125.20 (6), a person who has a direct or indi- |
|---|
| 2235 | | - | rect ownership an interest in a premises operating under |
|---|
| 2236 | | - | person holding one or more of the licenses or permits |
|---|
| 2237 | | - | listed in subd. 1. a. to f. |
|---|
| 2238 | | - | SECTION 26bx. 125.28 (2) (e) of the statutes is |
|---|
| 2239 | | - | repealed. |
|---|
| 2240 | | - | SECTION 26by. 125.28 (4) of the statutes is amended |
|---|
| 2241 | | - | to read: |
|---|
| 2242 | | - | 125.28 (4) The amount of the permit fee shall be |
|---|
| 2243 | | - | established by the department division and shall be an |
|---|
| 2244 | | - | amount that is sufficient to fund one special agent posi- |
|---|
| 2245 | | - | tion dedicated to alcohol and tobacco enforcement at in |
|---|
| 2246 | | - | the department division, but the permit fee may not |
|---|
| 2247 | | - | exceed $2,500 per year or fractional part thereof. All per- |
|---|
| 2248 | | - | mit fees received under this subsection shall be credited |
|---|
| 2249 | | - | to the appropriation account under s. 20.566 (1) (hd). |
|---|
| 2250 | | - | SECTION 26cc. 125.28 (5) (b) of the statutes is |
|---|
| 2251 | | - | amended to read: |
|---|
| 2252 | | - | 125.28 (5) (b) A wholesaler under this section shall |
|---|
| 2253 | | - | annually sell and deliver fermented malt beverages to at |
|---|
| 2254 | | - | least 25 retail licensees or other wholesalers that do not |
|---|
| 2255 | | - | have any direct or indirect an interest in each other or in |
|---|
| 2256 | | - | the wholesaler. The department division may not issue |
|---|
| 2257 | | - | a permit under this section unless the applicant represents |
|---|
| 2258 | | - | to the department division an intention to satisfy this |
|---|
| 2259 | | - | requirement, and may not renew a permit issued under |
|---|
| 2260 | | - | this section unless the wholesaler demonstrates that this |
|---|
| 2261 | | - | requirement has been satisfied. |
|---|
| 2262 | | - | SECTION 26cd. 125.28 (5) (d) 3. of the statutes is |
|---|
| 2263 | | - | amended to read: |
|---|
| 2264 | | - | 125.28 (5) (d) 3. This paragraph shall not affect the |
|---|
| 2265 | | - | authority of any municipality or the department division |
|---|
| 2266 | | - | to revoke, suspend, or refuse to renew or issue a license |
|---|
| 2267 | | - | or permit under s. 125.12. |
|---|
| 2268 | | - | SECTION 26ce. 125.28 (5) (e) of the statutes is |
|---|
| 2269 | | - | amended to read: |
|---|
| 2270 | | - | 125.28 (5) (e) The department division shall promul- |
|---|
| 2271 | | - | gate rules to administer and enforce the requirements |
|---|
| 2272 | | - | under this subsection. The rules shall ensure coordina- |
|---|
| 2273 | | - | tion between the department’s division’s issuance and |
|---|
| 2274 | | - | renewal of permits under this section and its enforcement |
|---|
| 2275 | | - | of the requirements of this subsection, and shall require |
|---|
| 2276 | | - | that all applications for issuance or renewal of permits |
|---|
| 2277 | | - | under this section be processed by department division |
|---|
| 2278 | | - | personnel generally familiar with activities of fermented |
|---|
| 2279 | | - | malt beverages wholesalers. The department division |
|---|
| 2280 | | - | shall establish by rule minimum requirements for ware- |
|---|
| 2281 | | - | house facilities on premises described in permits issued |
|---|
| 2282 | | - | under this section and for periodic site inspections by the |
|---|
| 2283 | | - | department division of such warehouse facilities. |
|---|
| 2284 | | - | SECTION 26cf. 125.29 (1) of the statutes is amended |
|---|
| 2285 | | - | to read: |
|---|
| 2286 | | - | 125.29 (1) PERMIT. No person may operate as a |
|---|
| 2287 | | - | brewer unless that person obtains a permit from the |
|---|
| 2288 | | - | department division. A permit under this section may |
|---|
| 2289 | | - | only be issued to a person who holds a valid certificate |
|---|
| 2290 | | - | issued under s. 73.03 (50). |
|---|
| 2291 | | - | SECTION 26cg. 125.29 (2) (a) of the statutes is |
|---|
| 2292 | | - | repealed and recreated to read: |
|---|
| 2293 | | - | 125.29 (2) (a) Subject to s. 125.20 (6), a brewer’s per- |
|---|
| 2294 | | - | mit may not be issued to any person who holds, or has an |
|---|
| 2295 | | - | interest in a licensee or permittee holding, any of the fol- |
|---|
| 2296 | | - | lowing: |
|---|
| 2297 | | - | 1. A Class “A” license issued under s. 125.25 or |
|---|
| 2298 | | - | “Class A” license issued under s. 125.51 (2). |
|---|
| 2299 | | - | 2. A Class “B” license issued under s. 125.26, “Class |
|---|
| 2300 | | - | B” license issued under s. 125.51 (3), or “Class C” license |
|---|
| 2301 | | - | issued under s. 125.51 (3m). |
|---|
| 2302 | | - | 3. A Class “B” permit issued under s. 125.27 or |
|---|
| 2303 | | - | “Class B” permit issued under s. 125.51 (5). |
|---|
| 2304 | | - | 4. Except as provided in par. (c), a wholesaler’s per- |
|---|
| 2305 | | - | mit issued under s. 125.28 or 125.54. |
|---|
| 2306 | | - | 5. A brewpub permit issued under s. 125.295. |
|---|
| 2307 | | - | SECTION 26ch. 125.29 (2) (a) 6. of the statutes is cre- |
|---|
| 2308 | | - | ated to read: |
|---|
| 2309 | | - | 125.29 (2) (a) 6. A no−sale event venue permit under |
|---|
| 2310 | | - | s. 125.24. |
|---|
| 2311 | | - | SECTION 26ci. 125.29 (2) (b) 1. and 2. of the statutes |
|---|
| 2312 | | - | are repealed. |
|---|
| 2313 | | - | SECTION 26cj. 125.29 (2) (b) 3. of the statutes is |
|---|
| 2314 | | - | renumbered 125.29 (2) (c). |
|---|
| 2315 | | - | SECTION 26ck. 125.29 (3) (intro.) of the statutes is |
|---|
| 2316 | | - | amended to read: |
|---|
| 2317 | | - | 125.29 (3) AUTHORIZED ACTIVITIES. (intro.) The |
|---|
| 2318 | | - | department division shall issue brewer’s permits to eligi- |
|---|
| 2319 | | - | ble applicants authorizing all of the following: |
|---|
| 2320 | | - | SECTION 26cm. 125.29 (3) (c) of the statutes is |
|---|
| 2321 | | - | amended to read: |
|---|
| 2322 | | - | 125.29 (3) (c) The transportation of fermented malt |
|---|
| 2323 | | - | beverages between the brewery premises and any depot |
|---|
| 2324 | | - | or, warehouse, or full−service retail outlet maintained by − 23 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 2325 | | - | the brewer, off−site retail outlet established by the |
|---|
| 2326 | | - | brewer, or other premises for which the brewer holds a |
|---|
| 2327 | | - | permit under this chapter. |
|---|
| 2328 | | - | SECTION 26cn. 125.29 (3) (dm) of the statutes is cre- |
|---|
| 2329 | | - | ated to read: |
|---|
| 2330 | | - | 125.29 (3) (dm) The sale, shipment, transportation, |
|---|
| 2331 | | - | and delivery of fermented malt beverages, in bulk or in |
|---|
| 2332 | | - | any state of packaging, that have been manufactured by |
|---|
| 2333 | | - | the brewer to another brewer holding a permit under this |
|---|
| 2334 | | - | section, and the receipt of the fermented malt beverages |
|---|
| 2335 | | - | by the other brewer. |
|---|
| 2336 | | - | SECTION 26co. 125.29 (3) (e) of the statutes is |
|---|
| 2337 | | - | amended to read: |
|---|
| 2338 | | - | 125.29 (3) (e) Notwithstanding ss. 125.04 (9) and |
|---|
| 2339 | | - | 125.09 (1), and subject to sub. (7) (h), the retail sale of fer- |
|---|
| 2340 | | - | mented malt beverages that have been manufactured on |
|---|
| 2341 | | - | the brewery premises or on other premises of the brewer |
|---|
| 2342 | | - | for on−premise consumption by individuals at the brew- |
|---|
| 2343 | | - | ery premises or an off−site retail outlet established by the |
|---|
| 2344 | | - | brewer. |
|---|
| 2345 | | - | SECTION 26cp. 125.29 (3) (f) of the statutes is |
|---|
| 2346 | | - | amended to read: |
|---|
| 2347 | | - | 125.29 (3) (f) Notwithstanding ss. 125.04 (9) and |
|---|
| 2348 | | - | 125.09 (1), and subject to sub. (7) (h), the retail sale to |
|---|
| 2349 | | - | individuals of fermented malt beverages, in original |
|---|
| 2350 | | - | unopened packages or containers, that have been manu- |
|---|
| 2351 | | - | factured on the brewery premises or on other premises of |
|---|
| 2352 | | - | the brewer for off−premise consumption by individuals, |
|---|
| 2353 | | - | if the sale occurs at the brewery premises or at an off−site |
|---|
| 2354 | | - | retail outlet established by the brewer. |
|---|
| 2355 | | - | SECTION 26cq. 125.29 (3) (g) of the statutes is |
|---|
| 2356 | | - | repealed. |
|---|
| 2357 | | - | SECTION 26cr. 125.29 (3) (h) of the statutes is renum- |
|---|
| 2358 | | - | bered 125.29 (3) (h) (intro.) and amended to read: |
|---|
| 2359 | | - | 125.29 (3) (h) (intro.) Notwithstanding ss. 125.04 (9) |
|---|
| 2360 | | - | and 125.09 (1), the retail sale of intoxicating liquor, for |
|---|
| 2361 | | - | on−premise on−premises consumption by individuals at |
|---|
| 2362 | | - | the brewery premises or an off−site retail outlet estab- |
|---|
| 2363 | | - | lished by the brewer, if all of the following apply: |
|---|
| 2364 | | - | 1. The brewer held, on June 1, 2011, a license or per- |
|---|
| 2365 | | - | mit authorizing the retail sale of intoxicating liquor and |
|---|
| 2366 | | - | if at the location. |
|---|
| 2367 | | - | 2. The intoxicating liquor has been purchased by the |
|---|
| 2368 | | - | brewer from a wholesaler holding a permit under s. |
|---|
| 2369 | | - | 125.54. |
|---|
| 2370 | | - | SECTION 26cs. 125.29 (3) (h) 3. of the statutes is cre- |
|---|
| 2371 | | - | ated to read: |
|---|
| 2372 | | - | 125.29 (3) (h) 3. The brewer is not eligible to make |
|---|
| 2373 | | - | full−service retail sales under sub. (7) at the location. |
|---|
| 2374 | | - | SECTION 26ct. 125.29 (3) (i) of the statutes is |
|---|
| 2375 | | - | amended to read: |
|---|
| 2376 | | - | 125.29 (3) (i) The provision of free taste samples on |
|---|
| 2377 | | - | the brewery premises, at an off−site retail outlet estab- |
|---|
| 2378 | | - | lished by the brewer, or at the brewer’s full−service retail |
|---|
| 2379 | | - | outlet if the taste samples are of alcohol beverages the |
|---|
| 2380 | | - | brewer is authorized to sell under pars. (e) and (f) or sub. |
|---|
| 2381 | | - | (7) (c) or as authorized under s. 125.33 (12). |
|---|
| 2382 | | - | SECTION 26cu. 125.29 (6) of the statutes is amended |
|---|
| 2383 | | - | to read: |
|---|
| 2384 | | - | 125.29 (6) RESTAURANTS. A brewer may operate a |
|---|
| 2385 | | - | restaurant on the brewery premises and, at an off−site |
|---|
| 2386 | | - | retail outlet established by the brewer. A brewer may not |
|---|
| 2387 | | - | operate a restaurant at any other location except that a |
|---|
| 2388 | | - | brewer may possess or hold an indirect interest in a Class |
|---|
| 2389 | | - | “B” license for not more than 20 restaurants in each of |
|---|
| 2390 | | - | which the sale of alcohol beverages accounts for less than |
|---|
| 2391 | | - | 60 percent of the restaurant’s gross receipts if no fer- |
|---|
| 2392 | | - | mented malt beverages manufactured by the brewer are |
|---|
| 2393 | | - | offered for sale in any of these restaurants, and at any |
|---|
| 2394 | | - | full−service retail outlet under sub. (7). Unless engaged |
|---|
| 2395 | | - | in retail sales under sub. (7), a brewer operating a restau- |
|---|
| 2396 | | - | rant may only sell alcohol beverages that have been man- |
|---|
| 2397 | | - | ufactured under the brewer’s own brewer’s permit. |
|---|
| 2398 | | - | SECTION 26cv. 125.29 (7) and (8) of the statutes are |
|---|
| 2399 | | - | created to read: |
|---|
| 2400 | | - | 125.29 (7) RETAIL SALES; FULL−SERVICE RETAIL OUT- |
|---|
| 2401 | | - | LETS. (a) 1. Notwithstanding ss. 125.04 (9) and 125.09 |
|---|
| 2402 | | - | (1), a brewer may make retail sales, on the brewery |
|---|
| 2403 | | - | premises, of fermented malt beverages that have been |
|---|
| 2404 | | - | manufactured by the brewer on the brewery premises or |
|---|
| 2405 | | - | on other premises of the brewer, for on−premises or off− |
|---|
| 2406 | | - | premises consumption. |
|---|
| 2407 | | - | 2. Notwithstanding ss. 125.04 (9) and 125.09 (1), if |
|---|
| 2408 | | - | a brewer manufactured, on all brewery premises operated |
|---|
| 2409 | | - | by the brewer in this state, a cumulative total of at least |
|---|
| 2410 | | - | 250 barrels of fermented malt beverages in any one of the |
|---|
| 2411 | | - | 3 preceding calendar years, the brewer may engage in |
|---|
| 2412 | | - | full−service retail sales on the brewery premises. |
|---|
| 2413 | | - | (b) Notwithstanding ss. 125.04 (9) and 125.09 (1), |
|---|
| 2414 | | - | and subject to pars. (d) and (g), if a brewer manufactured, |
|---|
| 2415 | | - | on all brewery premises operated by the brewer in this |
|---|
| 2416 | | - | state, a cumulative total of at least 250 barrels of fer- |
|---|
| 2417 | | - | mented malt beverages in any one of the 3 preceding cal- |
|---|
| 2418 | | - | endar years, the brewer may engage in full−service retail |
|---|
| 2419 | | - | sales at off−site locations identified in the brewer’s per- |
|---|
| 2420 | | - | mit. Subject to pars. (f) and (g), the number of retail sales |
|---|
| 2421 | | - | locations a brewer is allowed in addition to the brewery |
|---|
| 2422 | | - | premises is determined by the cumulative volume of fer- |
|---|
| 2423 | | - | mented malt beverages the brewer manufactured on all |
|---|
| 2424 | | - | brewery premises operated by the brewer in this state in |
|---|
| 2425 | | - | any one of the 3 preceding calendar years, as follows: |
|---|
| 2426 | | - | 1. If the brewer’s cumulative volume in a year was |
|---|
| 2427 | | - | at least 250 barrels of fermented malt beverages but less |
|---|
| 2428 | | - | than 2,500 barrels of fermented malt beverages, the |
|---|
| 2429 | | - | brewer may establish one full−service retail outlet. |
|---|
| 2430 | | - | 2. If the brewer’s cumulative volume in a year was |
|---|
| 2431 | | - | at least 2,500 barrels of fermented malt beverages but less |
|---|
| 2432 | | - | than 7,500 barrels of fermented malt beverages, the |
|---|
| 2433 | | - | brewer may establish not more than 2 full−service retail |
|---|
| 2434 | | - | outlets. − 24 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 2435 | | - | 3. If the brewer’s cumulative volume in a year was |
|---|
| 2436 | | - | at least 7,500 barrels of fermented malt beverages, the |
|---|
| 2437 | | - | brewer may establish not more than 3 full−service retail |
|---|
| 2438 | | - | outlets. |
|---|
| 2439 | | - | (c) 1. Except as provided in subd. 2. and par. (f), a |
|---|
| 2440 | | - | brewer may make full−service retail sales of alcohol bev- |
|---|
| 2441 | | - | erages on the brewery premises and at any of its full−ser- |
|---|
| 2442 | | - | vice retail outlets only if the alcohol beverages were pur- |
|---|
| 2443 | | - | chased by the brewer from a wholesaler holding a permit |
|---|
| 2444 | | - | under s. 125.28 or 125.54, from a brewer authorized to |
|---|
| 2445 | | - | make sales to retailers under sub. (3m), from a brewpub |
|---|
| 2446 | | - | authorized to make sales to retailers under s. 125.295 (1) |
|---|
| 2447 | | - | (g), or from a permittee under s. 125.30 authorized to |
|---|
| 2448 | | - | make sales to retailers under s. 125.30 (4). |
|---|
| 2449 | | - | 2. A brewer is not required to purchase from another |
|---|
| 2450 | | - | permittee fermented malt beverages manufactured by the |
|---|
| 2451 | | - | brewer that the brewer sells at retail on the brewery |
|---|
| 2452 | | - | premises or at a full−service retail outlet of the brewer. |
|---|
| 2453 | | - | 3. Subject to subd. 2. and par. (f), a brewer engaged |
|---|
| 2454 | | - | in full−service retail sales on brewery premises or at a |
|---|
| 2455 | | - | full−service retail outlet of the brewer is subject to ss. |
|---|
| 2456 | | - | 125.33 (9) and 125.69 (6) to the same extent as if the |
|---|
| 2457 | | - | brewer were a retail licensee. |
|---|
| 2458 | | - | (d) 1. A brewer may not commence sales of alcohol |
|---|
| 2459 | | - | beverages at a full−service retail outlet unless, prior to |
|---|
| 2460 | | - | commencing such sales, the brewer receives approval |
|---|
| 2461 | | - | from the municipality in which the full−service retail out- |
|---|
| 2462 | | - | let is located and from the division as provided in par. (g). |
|---|
| 2463 | | - | 2. Subject to par. (f), a municipality may limit the |
|---|
| 2464 | | - | scope of alcohol beverages offered for sale at a full−ser- |
|---|
| 2465 | | - | vice retail outlet only with respect to alcohol beverages |
|---|
| 2466 | | - | that are not of the same type as those produced by the per- |
|---|
| 2467 | | - | son holding the brewer’s permit. A municipality may not |
|---|
| 2468 | | - | limit the sale, at a full−service retail outlet, of alcohol |
|---|
| 2469 | | - | beverages produced by the person holding the brewer’s |
|---|
| 2470 | | - | permit. A municipality may not limit the scope of alcohol |
|---|
| 2471 | | - | beverages offered for sale under sub. (3) (h). If a munici- |
|---|
| 2472 | | - | pality limits the scope of alcohol beverages offered for |
|---|
| 2473 | | - | sale, the provision of taste samples is limited to those |
|---|
| 2474 | | - | alcohol beverages authorized to be sold. |
|---|
| 2475 | | - | 3. Except as provided in subd. 2., a municipality’s |
|---|
| 2476 | | - | approval under subd. 1. shall be based on the same stan- |
|---|
| 2477 | | - | dards and criteria that the municipality has established by |
|---|
| 2478 | | - | ordinance for the evaluation and approval of retail license |
|---|
| 2479 | | - | applications. A municipality may not impose any |
|---|
| 2480 | | - | requirement or restriction in connection with the |
|---|
| 2481 | | - | approval under subd. 1. that the municipality does not |
|---|
| 2482 | | - | impose on retail licensees. |
|---|
| 2483 | | - | (e) If a brewer operates a restaurant as provided in |
|---|
| 2484 | | - | sub. (6) and is authorized under this subsection to make |
|---|
| 2485 | | - | retail sales of wine at the restaurant, the brewer may make |
|---|
| 2486 | | - | retail sales of wine in an opened original bottle, in a quan- |
|---|
| 2487 | | - | tity not to exceed one bottle, for consumption both at the |
|---|
| 2488 | | - | restaurant and away from the restaurant if all of the fol- |
|---|
| 2489 | | - | lowing apply: |
|---|
| 2490 | | - | 1. The purchaser of the wine orders food to be con- |
|---|
| 2491 | | - | sumed at the restaurant. |
|---|
| 2492 | | - | 2. The brewer provides a dated receipt that identifies |
|---|
| 2493 | | - | the purchase of the food and the bottle of wine. |
|---|
| 2494 | | - | 3. Prior to the opened, partially consumed bottle of |
|---|
| 2495 | | - | wine being taken away from the restaurant, the brewer |
|---|
| 2496 | | - | securely reinserts the cork into the bottle to the point |
|---|
| 2497 | | - | where the top of the cork is even with the top of the bottle, |
|---|
| 2498 | | - | or securely reattaches the original cap to the bottle, and |
|---|
| 2499 | | - | the cork is reinserted or the cap is reattached at a time |
|---|
| 2500 | | - | other than during the hours in which the brewer is prohib- |
|---|
| 2501 | | - | ited under sub. (8) (b) from making retail sales for off− |
|---|
| 2502 | | - | premises consumption. |
|---|
| 2503 | | - | (f) 1. If a brewer may establish one or more full−ser- |
|---|
| 2504 | | - | vice retail outlets under pars. (b) and (g) and the brewer |
|---|
| 2505 | | - | also holds a manufacturer’s or rectifier’s permit or win- |
|---|
| 2506 | | - | ery permit or both and, as such, may establish full−ser- |
|---|
| 2507 | | - | vice retail outlets under s. 125.52 (4) (b) and (g) or 125.53 |
|---|
| 2508 | | - | (3) (b) and (g), the aggregate number of full−service retail |
|---|
| 2509 | | - | outlets that may be established is the maximum number |
|---|
| 2510 | | - | authorized under par. (b), under s. 125.52 (4) (b), or under |
|---|
| 2511 | | - | s. 125.53 (3) (b), whichever is greatest, but not exceeding |
|---|
| 2512 | | - | 3 full−service retail outlets. Under these circumstances, |
|---|
| 2513 | | - | each authorized full−service retail outlet shall serve as |
|---|
| 2514 | | - | the full−service retail outlet associated with each applica- |
|---|
| 2515 | | - | ble permit, regardless of whether the permittee would |
|---|
| 2516 | | - | otherwise be entitled to fewer full−service retail outlets |
|---|
| 2517 | | - | when calculated under par. (b) or s. 125.52 (4) (b) or |
|---|
| 2518 | | - | 125.53 (3) (b). |
|---|
| 2519 | | - | 2. If a brewer may engage in full−service retail sales |
|---|
| 2520 | | - | on the brewery premises as provided in par. (a) 2. and the |
|---|
| 2521 | | - | brewer also holds a manufacturer’s or rectifier’s permit |
|---|
| 2522 | | - | or winery permit or both, the brewer may make retail |
|---|
| 2523 | | - | sales on the brewery premises of intoxicating liquor pro- |
|---|
| 2524 | | - | duced under its manufacturer’s or rectifier’s permit or |
|---|
| 2525 | | - | winery permit without first purchasing the intoxicating |
|---|
| 2526 | | - | liquor from a wholesaler holding a permit under s. |
|---|
| 2527 | | - | 125.54. |
|---|
| 2528 | | - | 3. If a person holds more than one brewer’s permit |
|---|
| 2529 | | - | under this section, the retail sales authority under this |
|---|
| 2530 | | - | subsection for brewery premises applies with respect to |
|---|
| 2531 | | - | each brewer’s permit, but the limit on full−service retail |
|---|
| 2532 | | - | outlets is an aggregate maximum, regardless of the num- |
|---|
| 2533 | | - | ber of brewer’s permits held. |
|---|
| 2534 | | - | (g) 1. An application for a brewer’s permit, including |
|---|
| 2535 | | - | an application for an amendment to the brewer’s permit, |
|---|
| 2536 | | - | shall specify each full−service retail outlet of the brewer |
|---|
| 2537 | | - | and particularly describe the premises of the full−service |
|---|
| 2538 | | - | retail outlet. |
|---|
| 2539 | | - | 2. The division shall establish a process for approval |
|---|
| 2540 | | - | of a brewer’s full−service retail outlet and for revocation |
|---|
| 2541 | | - | of this approval. The division shall approve a brewer’s |
|---|
| 2542 | | - | full−service retail outlet, and may not revoke this |
|---|
| 2543 | | - | approval, unless the brewer has violated a provision of |
|---|
| 2544 | | - | this chapter related to full−service retail outlets. The − 25 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 2545 | | - | division’s failure to approve, or revocation of approval |
|---|
| 2546 | | - | of, a full−service retail outlet described in a brewer’s |
|---|
| 2547 | | - | application or permit does not affect any other full−ser- |
|---|
| 2548 | | - | vice retail outlet or the brewery premises as described in |
|---|
| 2549 | | - | the application or permit. |
|---|
| 2550 | | - | 3. If the division approves a full−service retail outlet, |
|---|
| 2551 | | - | the brewer’s permit, as initially issued or as amended, |
|---|
| 2552 | | - | shall particularly describe the premises constituting the |
|---|
| 2553 | | - | full−service retail outlet, which shall be considered part |
|---|
| 2554 | | - | of the premises under the brewer’s permit. |
|---|
| 2555 | | - | 4. If the division approves a full−service retail outlet, |
|---|
| 2556 | | - | the agent appointed under s. 125.04 (6) for the brewer’s |
|---|
| 2557 | | - | permit shall also serve as the agent for the full−service |
|---|
| 2558 | | - | retail outlet. |
|---|
| 2559 | | - | 5. Section 125.04 (12) (a) does not apply to a brew- |
|---|
| 2560 | | - | er’s full−service retail outlet. Upon notice to the division, |
|---|
| 2561 | | - | a brewer may relocate any full−service retail outlet to a |
|---|
| 2562 | | - | new location within this state once per calendar year, |
|---|
| 2563 | | - | except that one full−service retail outlet of a brewer may |
|---|
| 2564 | | - | be relocated without limitation on frequency in each cal- |
|---|
| 2565 | | - | endar year. |
|---|
| 2566 | | - | (h) A brewer that is eligible to establish a full−service |
|---|
| 2567 | | - | retail outlet under this subsection is not authorized to |
|---|
| 2568 | | - | make retail sales of fermented malt beverages at an off− |
|---|
| 2569 | | - | site retail outlet under sub. (3) (e) and (f). |
|---|
| 2570 | | - | (8) CLOSING HOURS. (a) On brewery premises, no |
|---|
| 2571 | | - | person may sell alcohol beverages at retail for on− |
|---|
| 2572 | | - | premises consumption, provide taste samples of alcohol |
|---|
| 2573 | | - | beverages, or consume alcohol beverages during the |
|---|
| 2574 | | - | closing hours applicable to a Class “B” licensee under s. |
|---|
| 2575 | | - | 125.32 (3) (a). A full−service retail outlet under sub. (7) |
|---|
| 2576 | | - | shall be subject to the same closing hours applicable to a |
|---|
| 2577 | | - | Class “B” licensee under s. 125.32 (3) (a). |
|---|
| 2578 | | - | (b) On brewery premises and at a full−service retail |
|---|
| 2579 | | - | outlet, no person may sell alcohol beverages at retail for |
|---|
| 2580 | | - | off−premises consumption during the hours in which a |
|---|
| 2581 | | - | Class “B” licensee in the municipality where the brewery |
|---|
| 2582 | | - | or retail outlet is located may not make retail sales under |
|---|
| 2583 | | - | s. 125.32 (3) (am) and (d). |
|---|
| 2584 | | - | (c) No member of the public or invited guests may be |
|---|
| 2585 | | - | present on brewery premises during the closing hours |
|---|
| 2586 | | - | applicable to a Class “B” licensee under s. 125.32 (3) (a). |
|---|
| 2587 | | - | (d) Activities authorized under a brewer’s permit |
|---|
| 2588 | | - | related to the production, shipment, transportation, or |
|---|
| 2589 | | - | delivery of alcohol beverages may occur at any time. |
|---|
| 2590 | | - | SECTION 26cw. 125.295 (1) (intro.) of the statutes is |
|---|
| 2591 | | - | amended to read: |
|---|
| 2592 | | - | 125.295 (1) (intro.) The department division shall |
|---|
| 2593 | | - | issue brewpub permits to eligible applicants authorizing |
|---|
| 2594 | | - | all of the following: |
|---|
| 2595 | | - | SECTION 26cx. 125.295 (1) (a) of the statutes is |
|---|
| 2596 | | - | amended to read: |
|---|
| 2597 | | - | 125.295 (1) (a) The manufacture of fermented malt |
|---|
| 2598 | | - | beverages on the brewpub premises if, except as provided |
|---|
| 2599 | | - | in s. 125.21 (2) and (3), the entire manufacturing process |
|---|
| 2600 | | - | occurs on these premises and not more than 10,000 |
|---|
| 2601 | | - | 20,000 barrels of fermented malt beverages are manufac- |
|---|
| 2602 | | - | tured in a calendar year by the permittee’s brewpub |
|---|
| 2603 | | - | group. |
|---|
| 2604 | | - | SECTION 26cy. 125.295 (1) (fm) of the statutes is cre- |
|---|
| 2605 | | - | ated to read: |
|---|
| 2606 | | - | 125.295 (1) (fm) The sale, shipment, transportation, |
|---|
| 2607 | | - | and delivery of fermented malt beverages, in bulk or in |
|---|
| 2608 | | - | any state of packaging, that have been manufactured by |
|---|
| 2609 | | - | the brewpub to another brewpub holding a permit under |
|---|
| 2610 | | - | this section, and the receipt of the fermented malt bever- |
|---|
| 2611 | | - | ages by the other brewpub. |
|---|
| 2612 | | - | SECTION 26cz. 125.295 (1) (g) of the statutes is |
|---|
| 2613 | | - | amended to read: |
|---|
| 2614 | | - | 125.295 (1) (g) The sale at wholesale, shipment, |
|---|
| 2615 | | - | transportation, and delivery, in original unopened pack- |
|---|
| 2616 | | - | ages or containers, to retailers, from the brewpub |
|---|
| 2617 | | - | premises, of fermented malt beverages that have been |
|---|
| 2618 | | - | manufactured on these premises or on other brewpub |
|---|
| 2619 | | - | premises of the brewpub. A brewpub’s brewpub group |
|---|
| 2620 | | - | may not sell, ship, transport, or deliver more than a total |
|---|
| 2621 | | - | of 1,000 2,000 barrels of fermented malt beverages in any |
|---|
| 2622 | | - | calendar year to retailers under this paragraph. Fer- |
|---|
| 2623 | | - | mented malt beverages provided by a brewpub to any |
|---|
| 2624 | | - | retail premises for which the brewpub group holds a retail |
|---|
| 2625 | | - | license shall not be included in any calculation of the |
|---|
| 2626 | | - | 1,000 2,000 barrel limitation under this paragraph. |
|---|
| 2627 | | - | Deliveries and shipments of fermented malt beverages by |
|---|
| 2628 | | - | a brewpub under this paragraph shall be made to retailers |
|---|
| 2629 | | - | only at their retail premises. Any retailer receiving such |
|---|
| 2630 | | - | a delivery or shipment is subject to the prohibition under |
|---|
| 2631 | | - | s. 125.34 (5) against further transporting the delivery or |
|---|
| 2632 | | - | shipment to any other retail premises. |
|---|
| 2633 | | - | SECTION 26db. 125.295 (2) (a) 1. of the statutes is |
|---|
| 2634 | | - | amended to read: |
|---|
| 2635 | | - | 125.295 (2) (a) 1. The applicant’s brewpub group |
|---|
| 2636 | | - | manufactures a total of not more than 10,000 20,000 bar- |
|---|
| 2637 | | - | rels of fermented malt beverages in a calendar year. |
|---|
| 2638 | | - | SECTION 26dc. 125.295 (2) (a) 2. of the statutes is |
|---|
| 2639 | | - | amended to read: |
|---|
| 2640 | | - | 125.295 (2) (a) 2. The Except as provided in s. 125.21 |
|---|
| 2641 | | - | (2) and (3), the applicant’s entire process for manufactur- |
|---|
| 2642 | | - | ing fermented malt beverages occurs on premises cov- |
|---|
| 2643 | | - | ered by a permit issued under this section. If the applicant |
|---|
| 2644 | | - | holds more than one permit issued under this section, the |
|---|
| 2645 | | - | applicant is not required to manufacture fermented malt |
|---|
| 2646 | | - | beverages on each premises for which a permit is issued |
|---|
| 2647 | | - | under this section. |
|---|
| 2648 | | - | SECTION 26dd. 125.295 (2) (a) 4. of the statutes is |
|---|
| 2649 | | - | amended to read: |
|---|
| 2650 | | - | 125.295 (2) (a) 4. The applicant holds a Class “B” |
|---|
| 2651 | | - | license for the restaurant identified in subd. 3. and, on |
|---|
| 2652 | | - | these Class “B” premises, offers for sale, in addition to |
|---|
| 2653 | | - | fermented malt beverages manufactured by the appli- |
|---|
| 2654 | | - | cant, fermented malt beverages manufactured by a |
|---|
| 2655 | | - | brewer or brewpub other than the applicant and its brew- |
|---|
| 2656 | | - | pub group. − 26 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 2657 | | - | SECTION 26de. 125.295 (2) (a) 6. (intro.) of the |
|---|
| 2658 | | - | statutes is amended to read: |
|---|
| 2659 | | - | 125.295 (2) (a) 6. (intro.) Neither Subject to s. 125.20 |
|---|
| 2660 | | - | (6), neither the applicant nor the applicant’s brewpub |
|---|
| 2661 | | - | group holds, or has a direct or indirect ownership an |
|---|
| 2662 | | - | interest in a premises operating under licensee or permit- |
|---|
| 2663 | | - | tee holding, any of the following: |
|---|
| 2664 | | - | SECTION 26df. 125.295 (2) (a) 6. a. of the statutes is |
|---|
| 2665 | | - | amended to read: |
|---|
| 2666 | | - | 125.295 (2) (a) 6. a. A Class “A” license issued under |
|---|
| 2667 | | - | s. 125.25 or “Class A” license issued under s. 125.51 (2). |
|---|
| 2668 | | - | SECTION 26dg. 125.295 (2) (a) 6. b. of the statutes is |
|---|
| 2669 | | - | amended to read: |
|---|
| 2670 | | - | 125.295 (2) (a) 6. b. Except as provided in subd. 4. |
|---|
| 2671 | | - | and subs. (1) (h) and (3) (b) and (c), a Class “B” license |
|---|
| 2672 | | - | issued under s. 125.26, Class “B” permit issued under s. |
|---|
| 2673 | | - | 125.27, “Class B” license issued under s. 125.51 (3), |
|---|
| 2674 | | - | “Class B” permit issued under s. 125.51 (5), or “Class C” |
|---|
| 2675 | | - | license issued under s. 125.51 (3m). |
|---|
| 2676 | | - | SECTION 26dh. 125.295 (2) (a) 6. c. of the statutes is |
|---|
| 2677 | | - | amended to read: |
|---|
| 2678 | | - | 125.295 (2) (a) 6. c. A wholesaler’s permit issued |
|---|
| 2679 | | - | under s. 125.28 or 125.54. |
|---|
| 2680 | | - | SECTION 26di. 125.295 (2) (a) 6. g. of the statutes is |
|---|
| 2681 | | - | created to read: |
|---|
| 2682 | | - | 125.295 (2) (a) 6. g. A no−sale event venue permit |
|---|
| 2683 | | - | issued under s. 125.24. |
|---|
| 2684 | | - | SECTION 26dj. 125.295 (2) (b) of the statutes is |
|---|
| 2685 | | - | amended to read: |
|---|
| 2686 | | - | 125.295 (2) (b) If an applicant under par. (a) has no |
|---|
| 2687 | | - | current operations, the applicant may certify that the |
|---|
| 2688 | | - | applicant has applied for or will apply for a Class “B” |
|---|
| 2689 | | - | license or license under s. 97.30 for a restaurant or will |
|---|
| 2690 | | - | comply with any other requirement under par. (a), prior |
|---|
| 2691 | | - | to or upon commencing operations authorized under this |
|---|
| 2692 | | - | section. If a Class “B” license or license under s. 97.30 |
|---|
| 2693 | | - | for a restaurant is not subsequently issued to the appli- |
|---|
| 2694 | | - | cant, or if the applicant otherwise fails to comply with |
|---|
| 2695 | | - | any requirement for eligibility under par. (a), the depart- |
|---|
| 2696 | | - | ment division may revoke under s. 125.12 (5) the permit |
|---|
| 2697 | | - | issued under this section. |
|---|
| 2698 | | - | SECTION 26dk. 125.295 (2) (c) of the statutes is |
|---|
| 2699 | | - | amended to read: |
|---|
| 2700 | | - | 125.295 (2) (c) If an applicant under par. (a) holds |
|---|
| 2701 | | - | any license or permit prohibited under par. (a) 6. at the |
|---|
| 2702 | | - | time of its application, the applicant may certify that the |
|---|
| 2703 | | - | applicant will surrender any such license or permit upon |
|---|
| 2704 | | - | issuance of a permit under this section. If the department |
|---|
| 2705 | | - | division issues a permit under this section and the appli- |
|---|
| 2706 | | - | cant fails to surrender any license or permit prohibited |
|---|
| 2707 | | - | under par. (a) 6., the department division may revoke |
|---|
| 2708 | | - | under s. 125.12 (5) the permit issued under this section. |
|---|
| 2709 | | - | An applicant is not required to surrender any Class “B” |
|---|
| 2710 | | - | license issued under s. 125.31 (1) (a) 2., 2009 stats., or |
|---|
| 2711 | | - | under s. 125.31 (1) (a) 3., 2005 stats., if the applicant’s |
|---|
| 2712 | | - | continued possession of the license is consistent with |
|---|
| 2713 | | - | subs. (1) (h), (2) (a) 4., and (3) (b) and (c). |
|---|
| 2714 | | - | SECTION 26dm. 125.295 (4) of the statutes is |
|---|
| 2715 | | - | amended to read: |
|---|
| 2716 | | - | 125.295 (4) The fee established by the department |
|---|
| 2717 | | - | division for a brewpub permit shall not exceed the fee |
|---|
| 2718 | | - | established by the department division for a permit under |
|---|
| 2719 | | - | s. 125.29. |
|---|
| 2720 | | - | SECTION 26dn. 125.295 (5) of the statutes is |
|---|
| 2721 | | - | amended to read: |
|---|
| 2722 | | - | 125.295 (5) The department division shall promul- |
|---|
| 2723 | | - | gate rules and prescribe forms to ensure strict compliance |
|---|
| 2724 | | - | with the requirements under this section. |
|---|
| 2725 | | - | SECTION 26do. 125.30 (1) of the statutes is amended |
|---|
| 2726 | | - | to read: |
|---|
| 2727 | | - | 125.30 (1) The department division shall issue out− |
|---|
| 2728 | | - | of−state shippers’ permits which, except as provided in |
|---|
| 2729 | | - | sub. (4), authorize the permittee to ship fermented malt |
|---|
| 2730 | | - | beverages only to holders of a wholesaler’s permit issued |
|---|
| 2731 | | - | under s. 125.28. Except with respect to any shipment |
|---|
| 2732 | | - | from a warehouse in an adjoining state by a wholesaler |
|---|
| 2733 | | - | issued a wholesale permit under s. 125.28 (1) (b), no per- |
|---|
| 2734 | | - | son may receive fermented malt beverages in this state |
|---|
| 2735 | | - | which have been directly shipped from outside this state |
|---|
| 2736 | | - | by any person other than the holder of a permit issued |
|---|
| 2737 | | - | under this section. Subject to s. 125.34 (2), all shipments |
|---|
| 2738 | | - | of fermented malt beverages to a wholesaler of fermented |
|---|
| 2739 | | - | malt beverages in this state, whether shipped to the |
|---|
| 2740 | | - | wholesaler from inside this state or from outside this |
|---|
| 2741 | | - | state, shall be unloaded in, physically at rest in, and only |
|---|
| 2742 | | - | then distributed from the wholesaler’s warehouse in this |
|---|
| 2743 | | - | state. |
|---|
| 2744 | | - | SECTION 26dp. 125.30 (2) of the statutes is amended |
|---|
| 2745 | | - | to read: |
|---|
| 2746 | | - | 125.30 (2) The application for an out−of−state ship- |
|---|
| 2747 | | - | per’s permit and the permit shall be on forms prescribed |
|---|
| 2748 | | - | by the department division which shall contain provi- |
|---|
| 2749 | | - | sions determined by the department division as necessary |
|---|
| 2750 | | - | to effectuate the purposes of ss. 139.01 to 139.25 and |
|---|
| 2751 | | - | shall include a provision that the permittee agrees to do |
|---|
| 2752 | | - | all of the following: |
|---|
| 2753 | | - | (a) To comply Comply with s. 139.05 relating to fil- |
|---|
| 2754 | | - | ing a bond, filing returns, paying taxes, and record keep- |
|---|
| 2755 | | - | ing;. |
|---|
| 2756 | | - | (b) To permit Permit inspections and examinations of |
|---|
| 2757 | | - | the permittee’s premises and records by the department |
|---|
| 2758 | | - | division and its duly authorized employees, as authorized |
|---|
| 2759 | | - | under s. 139.08 (4); and 125.025 (3). |
|---|
| 2760 | | - | (c) To pay Pay the expenses reasonably attributable |
|---|
| 2761 | | - | to such the inspections and examinations under par. (b) |
|---|
| 2762 | | - | made within the United States. |
|---|
| 2763 | | - | SECTION 26dq. 125.30 (2) (d) of the statutes is cre- |
|---|
| 2764 | | - | ated to read: − 27 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 2765 | | - | 125.30 (2) (d) Accept service of process and consent |
|---|
| 2766 | | - | to jurisdiction in any proceeding in this state to enforce |
|---|
| 2767 | | - | the provisions of this chapter or ch. 139. |
|---|
| 2768 | | - | SECTION 26dr. 125.30 (3) of the statutes is renum- |
|---|
| 2769 | | - | bered 125.30 (3) (a) and amended to read: |
|---|
| 2770 | | - | 125.30 (3) (a) Out−of−state shippers’ permits may be |
|---|
| 2771 | | - | issued only to a person who holds a valid certificate |
|---|
| 2772 | | - | issued under s. 73.03 (50), who is qualified under s. |
|---|
| 2773 | | - | 125.04 (5), who does not maintain an office or street |
|---|
| 2774 | | - | address in this state, and who is the primary source of sup- |
|---|
| 2775 | | - | ply for the brand of fermented malt beverages. An out− |
|---|
| 2776 | | - | of−state shipper’s permit may not be issued to a person |
|---|
| 2777 | | - | determined by the department division to be primarily |
|---|
| 2778 | | - | engaged in wholesale or retail sales in another state. Not- |
|---|
| 2779 | | - | withstanding s. 125.04 (5) (a), natural persons obtaining |
|---|
| 2780 | | - | out−of−state shippers’ permits are not required to be resi- |
|---|
| 2781 | | - | dents of this state. Notwithstanding s. 125.04 (5) (a) 5., |
|---|
| 2782 | | - | a person is not required to complete a responsible bever- |
|---|
| 2783 | | - | age server training course to be qualified for a permit |
|---|
| 2784 | | - | under this section. Notwithstanding s. 125.04 (6), corpo- |
|---|
| 2785 | | - | rations or limited liability companies obtaining out−of− |
|---|
| 2786 | | - | state shippers’ permits are not required to appoint agents |
|---|
| 2787 | | - | vested with authority over the premises as described in s. |
|---|
| 2788 | | - | 125.04 (6) (a). |
|---|
| 2789 | | - | SECTION 26ds. 125.30 (3) (b) of the statutes is created |
|---|
| 2790 | | - | to read: |
|---|
| 2791 | | - | 125.30 (3) (b) 1. A permittee under this section shall |
|---|
| 2792 | | - | appoint and continually engage the services of an agent |
|---|
| 2793 | | - | in this state to act as agent for the service of process on |
|---|
| 2794 | | - | whom all processes, and any action or proceeding against |
|---|
| 2795 | | - | the permittee concerning or arising out of the enforce- |
|---|
| 2796 | | - | ment of any provision of this chapter or ch. 139, may be |
|---|
| 2797 | | - | served in any manner authorized by law. That service |
|---|
| 2798 | | - | shall constitute legal and valid service of process on the |
|---|
| 2799 | | - | permittee. The permittee shall provide to the division, in |
|---|
| 2800 | | - | the form and manner prescribed by the division, the |
|---|
| 2801 | | - | name, address, phone number, and proof of the appoint- |
|---|
| 2802 | | - | ment and availability of the agent. |
|---|
| 2803 | | - | 2. The permittee shall provide notice to the division |
|---|
| 2804 | | - | 30 calendar days before termination of the authority of an |
|---|
| 2805 | | - | agent under subd. 1. and shall provide proof to the satis- |
|---|
| 2806 | | - | faction of the division of the appointment of a new agent |
|---|
| 2807 | | - | no less than 5 calendar days before the termination of an |
|---|
| 2808 | | - | existing agent appointment. In the event an agent termi- |
|---|
| 2809 | | - | nates an agency appointment, the permittee shall notify |
|---|
| 2810 | | - | the division of that termination within 5 calendar days |
|---|
| 2811 | | - | and shall include proof to the satisfaction of the division |
|---|
| 2812 | | - | of the appointment of a new agent. |
|---|
| 2813 | | - | 3. If a permittee fails to maintain an agent in this state |
|---|
| 2814 | | - | after a permit is issued under this section, the permittee |
|---|
| 2815 | | - | is considered to have appointed the department of finan- |
|---|
| 2816 | | - | cial institutions as the permittee’s agent, and the permit- |
|---|
| 2817 | | - | tee may be proceeded against in courts of this state by ser- |
|---|
| 2818 | | - | vice of process upon the department of financial |
|---|
| 2819 | | - | institutions. |
|---|
| 2820 | | - | SECTION 26dt. 125.30 (3) (c) of the statutes is created |
|---|
| 2821 | | - | to read: |
|---|
| 2822 | | - | 125.30 (3) (c) Subject to s. 125.20 (6), an out−of− |
|---|
| 2823 | | - | state shipper’s permit may not be issued to any person |
|---|
| 2824 | | - | who has an interest in a licensee or permittee holding any |
|---|
| 2825 | | - | of the following: |
|---|
| 2826 | | - | 1. A Class “A” license issued under s. 125.25 or |
|---|
| 2827 | | - | “Class A” license issued under s. 125.51 (2). |
|---|
| 2828 | | - | 2. A Class “B” license issued under s. 125.26, “Class |
|---|
| 2829 | | - | B” license issued under s. 125.51 (3), or “Class C” license |
|---|
| 2830 | | - | issued under s. 125.51 (3m). |
|---|
| 2831 | | - | 3. A Class “B” permit issued under s. 125.27 or |
|---|
| 2832 | | - | “Class B” permit issued under s. 125.51 (5). |
|---|
| 2833 | | - | 4. A wholesaler’s permit issued under s. 125.28 or |
|---|
| 2834 | | - | 125.54. |
|---|
| 2835 | | - | SECTION 26du. 125.30 (3) (c) 5. of the statutes is cre- |
|---|
| 2836 | | - | ated to read: |
|---|
| 2837 | | - | 125.30 (3) (c) 5. A no−sale event venue permit issued |
|---|
| 2838 | | - | under s. 125.24. |
|---|
| 2839 | | - | SECTION 26dv. 125.30 (4) of the statutes is amended |
|---|
| 2840 | | - | to read: |
|---|
| 2841 | | - | 125.30 (4) An out−of−state brewer that manufactures |
|---|
| 2842 | | - | 300,000 barrels or less of fermented malt beverages in a |
|---|
| 2843 | | - | calendar year from all locations and that holds an out−of− |
|---|
| 2844 | | - | state shipper’s permit may sell and ship fermented malt |
|---|
| 2845 | | - | beverages directly to retail licensees if the out−of−state |
|---|
| 2846 | | - | brewer registers with the department division, files what- |
|---|
| 2847 | | - | ever periodic reports with the department division as the |
|---|
| 2848 | | - | department division may require, and complies with the |
|---|
| 2849 | | - | requirements in ss. 125.33 and 125.34, as applicable, to |
|---|
| 2850 | | - | the same extent as if the out−of−state brewer were a |
|---|
| 2851 | | - | wholesaler holding a permit under s. 125.28. |
|---|
| 2852 | | - | SECTION 26dw. 125.30 (5) of the statutes is amended |
|---|
| 2853 | | - | to read: |
|---|
| 2854 | | - | 125.30 (5) The department division may revoke or |
|---|
| 2855 | | - | suspend an out−of−state shipper’s permit for such time as |
|---|
| 2856 | | - | the department division determines, if the permittee vio- |
|---|
| 2857 | | - | lates any provision of the application or ss. 139.01 to |
|---|
| 2858 | | - | 139.25. |
|---|
| 2859 | | - | SECTION 26dx. 125.32 (2) of the statutes is amended |
|---|
| 2860 | | - | to read: |
|---|
| 2861 | | - | 125.32 (2) OPERATORS LICENSES; CLASS “A,” OR |
|---|
| 2862 | | - | CLASS “B,” AND OTHER PREMISES. Except as provided |
|---|
| 2863 | | - | under sub. (3) (b) and ss. 125.07 (3) (a) 10. and 125.26 |
|---|
| 2864 | | - | (6), no premises operated under a Class “A” or Class “B” |
|---|
| 2865 | | - | license or permit may be open for business, and no person |
|---|
| 2866 | | - | who holds a brewer’s permit, manufacturer’s or recti- |
|---|
| 2867 | | - | fier’s permit, or winery permit may allow the sale or pro- |
|---|
| 2868 | | - | vision of taste samples of fermented malt beverages on |
|---|
| 2869 | | - | the brewery premises, manufacturing or rectifying |
|---|
| 2870 | | - | premises, winery premises, or any retail outlet operated |
|---|
| 2871 | | - | by the brewer, manufacturer, rectifier, or winery under s. |
|---|
| 2872 | | - | 125.29 (7), 125.52 (4), or 125.53 (3), unless there is upon |
|---|
| 2873 | | - | the premises the licensee or permittee, the agent named |
|---|
| 2874 | | - | in the license or permit if the licensee or permittee is a − 28 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 2875 | | - | corporation or limited liability company, or some person |
|---|
| 2876 | | - | who has an operator’s license and who is responsible for |
|---|
| 2877 | | - | the acts of all persons serving any fermented malt bever- |
|---|
| 2878 | | - | ages to customers. An operator’s license issued in |
|---|
| 2879 | | - | respect to a vessel under s. 125.27 (2) is valid outside the |
|---|
| 2880 | | - | municipality that issues it. For the purpose of this subsec- |
|---|
| 2881 | | - | tion, any person holding a manager’s license under s. |
|---|
| 2882 | | - | 125.18 or any member of the licensee’s or permittee’s |
|---|
| 2883 | | - | immediate family who has attained the age of 18 shall be |
|---|
| 2884 | | - | considered the holder of an operator’s license. No per- |
|---|
| 2885 | | - | son, including a member of the licensee’s or permittee’s |
|---|
| 2886 | | - | immediate family, other than the licensee, permittee, or |
|---|
| 2887 | | - | agent may serve fermented malt beverages in any place |
|---|
| 2888 | | - | operated under a Class “A” or Class “B” license or permit |
|---|
| 2889 | | - | or on brewery premises, manufacturing or rectifying |
|---|
| 2890 | | - | premises, winery premises, or any retail outlet operated |
|---|
| 2891 | | - | by a brewer, manufacturer, rectifier, or winery under s. |
|---|
| 2892 | | - | 125.29 (7), 125.52 (4), or 125.53 (3) unless he or she has |
|---|
| 2893 | | - | an operator’s license, is considered to have an operator’s |
|---|
| 2894 | | - | license under this subsection, or is at least 18 years of age |
|---|
| 2895 | | - | and is under the immediate supervision of the licensee, |
|---|
| 2896 | | - | permittee, agent, or a person holding an operator’s |
|---|
| 2897 | | - | license, who is on the premises at the time of the service. |
|---|
| 2898 | | - | SECTION 26dy. 125.32 (2) of the statutes, as affected |
|---|
| 2899 | | - | by 2023 Wisconsin Act .... (this act), is amended to read: |
|---|
| 2900 | | - | 125.32 (2) OPERATORS LICENSES AND PERMITS; CLASS |
|---|
| 2901 | | - | “A,” CLASS “B,” AND OTHER PREMISES. Except as provided |
|---|
| 2902 | | - | under sub. (3) (b) and ss. 125.07 (3) (a) 10. and 125.26 |
|---|
| 2903 | | - | (6), no premises operated under a Class “A” or Class “B” |
|---|
| 2904 | | - | license or permit may be open for business, and no person |
|---|
| 2905 | | - | who holds a brewer’s permit, manufacturer’s or recti- |
|---|
| 2906 | | - | fier’s permit, or winery permit may allow the sale or pro- |
|---|
| 2907 | | - | vision of taste samples of fermented malt beverages on |
|---|
| 2908 | | - | the brewery premises, manufacturing or rectifying |
|---|
| 2909 | | - | premises, winery premises, or any retail outlet operated |
|---|
| 2910 | | - | by the brewer, manufacturer, rectifier, or winery under s. |
|---|
| 2911 | | - | 125.29 (7), 125.52 (4), or 125.53 (3), unless there is upon |
|---|
| 2912 | | - | the premises the licensee or permittee, the agent named |
|---|
| 2913 | | - | in the license or permit if the licensee or permittee is a |
|---|
| 2914 | | - | corporation or limited liability company, or some person |
|---|
| 2915 | | - | who has an operator’s license or operator’s permit and |
|---|
| 2916 | | - | who is responsible for the acts of all persons serving any |
|---|
| 2917 | | - | fermented malt beverages to customers. An operator’s |
|---|
| 2918 | | - | license issued in respect to a vessel under s. 125.27 (2) is |
|---|
| 2919 | | - | valid outside the municipality that issues it. For the pur- |
|---|
| 2920 | | - | pose of this subsection, any person holding a manager’s |
|---|
| 2921 | | - | license under s. 125.18 or any member of the licensee’s |
|---|
| 2922 | | - | or permittee’s immediate family who has attained the age |
|---|
| 2923 | | - | of 18 shall be considered the holder of an operator’s |
|---|
| 2924 | | - | license. No person other than the licensee, permittee, or |
|---|
| 2925 | | - | agent may serve fermented malt beverages in any place |
|---|
| 2926 | | - | operated under a Class “A” or Class “B” license or permit |
|---|
| 2927 | | - | or on brewery premises, manufacturing or rectifying |
|---|
| 2928 | | - | premises, winery premises, or any retail outlet operated |
|---|
| 2929 | | - | by a brewer, manufacturer, rectifier, or winery under s. |
|---|
| 2930 | | - | 125.29 (7), 125.52 (4), or 125.53 (3) unless he or she has |
|---|
| 2931 | | - | an operator’s license or operator’s permit, is considered |
|---|
| 2932 | | - | to have an operator’s license under this subsection, or is |
|---|
| 2933 | | - | at least 18 years of age and is under the immediate super- |
|---|
| 2934 | | - | vision of the licensee, permittee, agent, or a person hold- |
|---|
| 2935 | | - | ing an operator’s license or operator’s permit, who is on |
|---|
| 2936 | | - | the premises at the time of the service. |
|---|
| 2937 | | - | SECTION 26eb. 125.32 (3m) (L) of the statutes is cre- |
|---|
| 2938 | | - | ated to read: |
|---|
| 2939 | | - | 125.32 (3m) (L) An axe throwing facility. |
|---|
| 2940 | | - | SECTION 26ec. 125.32 (6) (a) of the statutes is |
|---|
| 2941 | | - | amended to read: |
|---|
| 2942 | | - | 125.32 (6) (a) Except as provided in s. 125.33 (2) (o) |
|---|
| 2943 | | - | or (12), 125.69 (9), or 125.70, and subject to par. (c), no |
|---|
| 2944 | | - | person may possess on the premises covered by a retail |
|---|
| 2945 | | - | or wholesale fermented malt beverages license or permit |
|---|
| 2946 | | - | any alcohol beverages not authorized by law for sale on |
|---|
| 2947 | | - | the premises. |
|---|
| 2948 | | - | SECTION 26ed. 125.33 (2) (a) of the statutes is |
|---|
| 2949 | | - | amended to read: |
|---|
| 2950 | | - | 125.33 (2) (a) Give to any campus or Class “B” |
|---|
| 2951 | | - | licensee or permittee, at any given time, for placement |
|---|
| 2952 | | - | inside the premises, signs, clocks, or menu boards with |
|---|
| 2953 | | - | an aggregate value of not more than $2,500. If a gift of |
|---|
| 2954 | | - | any item would cause the $2,500 limit to be exceeded, the |
|---|
| 2955 | | - | recipient shall pay the brewer, brewpub, or wholesaler |
|---|
| 2956 | | - | the amount of the item’s value in excess of $2,500. Each |
|---|
| 2957 | | - | recipient shall keep an invoice or credit memo containing |
|---|
| 2958 | | - | the name of the donor and the number and value of items |
|---|
| 2959 | | - | received under this paragraph. The value of an item is its |
|---|
| 2960 | | - | cost to the donor. Each recipient shall make the records |
|---|
| 2961 | | - | kept under this paragraph available to the department |
|---|
| 2962 | | - | division for inspection upon request. |
|---|
| 2963 | | - | SECTION 26ee. 125.33 (2) (d) of the statutes is |
|---|
| 2964 | | - | amended to read: |
|---|
| 2965 | | - | 125.33 (2) (d) Sell to a campus or Class “B” licensee |
|---|
| 2966 | | - | or permittee at fair market value equipment designed and |
|---|
| 2967 | | - | intended to preserve and maintain the sanitary dispensing |
|---|
| 2968 | | - | of fermented malt beverages or any services necessary to |
|---|
| 2969 | | - | maintain this kind of equipment. A brewer, brewpub, or |
|---|
| 2970 | | - | wholesaler shall charge the same price per unit of equip- |
|---|
| 2971 | | - | ment to each campus or Class “B” licensee or permittee |
|---|
| 2972 | | - | making the same or a similar purchase, and shall charge |
|---|
| 2973 | | - | the same rate to each campus or Class “B” licensee or per- |
|---|
| 2974 | | - | mittee purchasing maintenance services under this subdi- |
|---|
| 2975 | | - | vision. Each brewer, brewpub, or wholesaler shall keep |
|---|
| 2976 | | - | records of each transaction under this subdivision and |
|---|
| 2977 | | - | shall make the records available to the department divi- |
|---|
| 2978 | | - | sion upon request. |
|---|
| 2979 | | - | SECTION 26ef. 125.33 (2) (hr) of the statutes is cre- |
|---|
| 2980 | | - | ated to read: |
|---|
| 2981 | | - | 125.33 (2) (hr) Enter into a landlord-tenant relation- |
|---|
| 2982 | | - | ship with a Class “B” licensee or permittee if all of the |
|---|
| 2983 | | - | requirements under s. 125.20 (6) (b) are satisfied. |
|---|
| 2984 | | - | SECTION 26eg. 125.33 (9) of the statutes is renum- |
|---|
| 2985 | | - | bered 125.33 (9) (a) and amended to read: − 29 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 2986 | | - | 125.33 (9) (a) Except as provided in ss. 125.29 (3m) |
|---|
| 2987 | | - | (b) and (c), 125.295 (1) (g), and 125.30 (4), no campus or |
|---|
| 2988 | | - | retail licensee or permittee may purchase or possess fer- |
|---|
| 2989 | | - | mented malt beverages purchased from any person other |
|---|
| 2990 | | - | than a wholesaler holding a permit under this chapter for |
|---|
| 2991 | | - | the sale of fermented malt beverages. |
|---|
| 2992 | | - | (b) Any person who violates this subsection may par. |
|---|
| 2993 | | - | (a), if the total volume of fermented malt beverages pur- |
|---|
| 2994 | | - | chased or possessed by that person in one month is 4,320 |
|---|
| 2995 | | - | fluid ounces or less, may be required to forfeit not more |
|---|
| 2996 | | - | than $100. A person who purchases or possesses more |
|---|
| 2997 | | - | than 4,320 fluid ounces of fermented malt beverages in |
|---|
| 2998 | | - | one month in violation of par. (a) shall be fined not more |
|---|
| 2999 | | - | than $10,000 or imprisoned for not more than 9 months |
|---|
| 3000 | | - | or both. |
|---|
| 3001 | | - | SECTION 26eh. 125.33 (9) (c) of the statutes is created |
|---|
| 3002 | | - | to read: |
|---|
| 3003 | | - | 125.33 (9) (c) Notwithstanding par. (b), a Class “B” |
|---|
| 3004 | | - | licensee or permittee who purchases fermented malt bev- |
|---|
| 3005 | | - | erages from a Class “A” licensee for resale or who pos- |
|---|
| 3006 | | - | sesses fermented malt beverages purchased from a Class |
|---|
| 3007 | | - | “A” licensee for resale may be fined not more than $100. |
|---|
| 3008 | | - | SECTION 26ei. 125.33 (12) of the statutes is amended |
|---|
| 3009 | | - | to read: |
|---|
| 3010 | | - | 125.33 (12) PROVIDING TASTE SAMPLES ON CLASS “A” |
|---|
| 3011 | | - | RETAIL PREMISES. Notwithstanding s. 125.34 (6), with the |
|---|
| 3012 | | - | consent of the Class “A” or Class “B” licensee, a brewer |
|---|
| 3013 | | - | may provide, free of charge, on Class “A” or Class “B” |
|---|
| 3014 | | - | premises, taste samples of fermented malt beverages to |
|---|
| 3015 | | - | any person who has attained the legal drinking age for |
|---|
| 3016 | | - | consumption on the premises during hours in which the |
|---|
| 3017 | | - | Class “A” licensee is authorized under s. 125.25 (1) to |
|---|
| 3018 | | - | provide taste samples or, if more restrictive, only during |
|---|
| 3019 | | - | hours established by ordinance by a municipality under |
|---|
| 3020 | | - | s. 125.32 (3) (d) between the hours of 11 a.m. and 7 p.m. |
|---|
| 3021 | | - | The provision of taste samples under this subsection shall |
|---|
| 3022 | | - | be subject to the same limitations that apply to taste sam- |
|---|
| 3023 | | - | ples provided by a Class “A” licensee under s. 125.25 (1). |
|---|
| 3024 | | - | No brewer may provide as taste samples under this sub- |
|---|
| 3025 | | - | section any fermented malt beverages that the brewer did |
|---|
| 3026 | | - | not purchase from the Class “A” licensee on whose |
|---|
| 3027 | | - | premises the taste samples are provided. A brewer may |
|---|
| 3028 | | - | provide taste samples of any fermented malt beverages |
|---|
| 3029 | | - | that the brewer purchased from the retail licensee or that |
|---|
| 3030 | | - | the brewer produced on premises covered by its brewer’s |
|---|
| 3031 | | - | permit and brings to the retail premises, but the brewer |
|---|
| 3032 | | - | may not leave at the retail premises any unused fer- |
|---|
| 3033 | | - | mented malt beverages not purchased from the retail |
|---|
| 3034 | | - | licensee. A brewer may provide taste samples under this |
|---|
| 3035 | | - | subsection through an individual representing the brewer |
|---|
| 3036 | | - | who is hired by the brewer and who is not employed by |
|---|
| 3037 | | - | or an agent of a wholesaler. All provisions of this subsec- |
|---|
| 3038 | | - | tion that apply to a brewer apply equally to any individual |
|---|
| 3039 | | - | representing a brewer. |
|---|
| 3040 | | - | SECTION 26ej. 125.34 (6) of the statutes is amended |
|---|
| 3041 | | - | to read: |
|---|
| 3042 | | - | 125.34 (6) Except as provided in ss. 125.29 (3), (3m) |
|---|
| 3043 | | - | (b) and (c), and (7) and 125.30 (4), a brewer or out−of− |
|---|
| 3044 | | - | state shipper may sell, transport, and deliver fermented |
|---|
| 3045 | | - | malt beverages only to a wholesaler. |
|---|
| 3046 | | - | SECTION 26ek. 125.51 (1) (a) of the statutes is |
|---|
| 3047 | | - | amended to read: |
|---|
| 3048 | | - | 125.51 (1) (a) Subject to sub. (2) (e) 2., every munici- |
|---|
| 3049 | | - | pal governing body may grant and issue “Class A” and |
|---|
| 3050 | | - | “Class B” licenses for retail sales of intoxicating liquor, |
|---|
| 3051 | | - | and “Class C” licenses for retail sales of wine, from |
|---|
| 3052 | | - | premises within the municipality to persons entitled to a |
|---|
| 3053 | | - | license under this chapter as the issuing municipal gov- |
|---|
| 3054 | | - | erning body deems proper and may authorize an official |
|---|
| 3055 | | - | or body of the municipality to issue temporary “Class B” |
|---|
| 3056 | | - | licenses under sub. (10). No “Class B” license may be |
|---|
| 3057 | | - | issued to a winery under sub. (3) (am) unless the winery |
|---|
| 3058 | | - | has been issued a permit under s. 125.53 and the winery |
|---|
| 3059 | | - | is capable of producing at least 5,000 gallons of wine per |
|---|
| 3060 | | - | year in no more than 2 locations. |
|---|
| 3061 | | - | SECTION 26em. 125.51 (2) (am) of the statutes is |
|---|
| 3062 | | - | amended to read: |
|---|
| 3063 | | - | 125.51 (2) (am) In addition to the authorization under |
|---|
| 3064 | | - | par. (a) and s. 125.06 (13), a “Class A” license authorizes |
|---|
| 3065 | | - | the licensee to provide, free of charge, to customers and |
|---|
| 3066 | | - | visitors who have attained the legal drinking age, taste |
|---|
| 3067 | | - | samples of intoxicating liquor other than wine that are not |
|---|
| 3068 | | - | in original packages or containers and that do not exceed |
|---|
| 3069 | | - | 0.5 fluid ounces each, for consumption on the “Class A” |
|---|
| 3070 | | - | premises. No “Class A” licensee may provide more than |
|---|
| 3071 | | - | one such taste sample per day to any one person. Taste |
|---|
| 3072 | | - | samples may be provided under this paragraph only |
|---|
| 3073 | | - | between the hours of 11 a.m. and 7 p.m. and may not |
|---|
| 3074 | | - | exceed the quantities specified in s. 125.69 (9) (b). Any |
|---|
| 3075 | | - | representative of a manufacturer, rectifier, winery, or |
|---|
| 3076 | | - | out−of−state shipper issued a permit under s. 125.52, |
|---|
| 3077 | | - | 125.53, or 125.58 may assist the “Class A” licensee in |
|---|
| 3078 | | - | dispensing or serving the taste samples. No “Class A” |
|---|
| 3079 | | - | licensee may provide as taste samples under this para- |
|---|
| 3080 | | - | graph intoxicating liquor other than wine that the “Class |
|---|
| 3081 | | - | A” licensee did not purchase from a wholesaler. |
|---|
| 3082 | | - | SECTION 26en. 125.51 (2) (e) 3. of the statutes is |
|---|
| 3083 | | - | amended to read: |
|---|
| 3084 | | - | 125.51 (2) (e) 3. Notwithstanding par. pars. (a) and |
|---|
| 3085 | | - | (am) and s. 125.06 (13) 125.69 (9), a person issued a |
|---|
| 3086 | | - | “Class A” license under subd. 2. may not make retail |
|---|
| 3087 | | - | sales, or provide taste samples, of any intoxicating liquor |
|---|
| 3088 | | - | other than cider. Paragraph (am) does not apply to a per- |
|---|
| 3089 | | - | son issued a “Class A” license under subd. 2, and may not |
|---|
| 3090 | | - | allow a winery, manufacturer, or rectifier to provide taste |
|---|
| 3091 | | - | samples of any intoxicating liquor other than cider, on the |
|---|
| 3092 | | - | “Class A” premises. |
|---|
| 3093 | | - | SECTION 26eo. 125.51 (3) (a) of the statutes is |
|---|
| 3094 | | - | amended to read: |
|---|
| 3095 | | - | 125.51 (3) (a) A “Class B” license authorizes the |
|---|
| 3096 | | - | retail sale of intoxicating liquor by the glass and not in the |
|---|
| 3097 | | - | original package or container for consumption on the − 30 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 3098 | | - | premises where sold or for consumption off the premises |
|---|
| 3099 | | - | if the licensee seals the container of intoxicating liquor |
|---|
| 3100 | | - | with a tamper−evident seal before the intoxicating liquor |
|---|
| 3101 | | - | is removed from the premises. In addition, wine may be |
|---|
| 3102 | | - | sold in the original package or container in any quantity |
|---|
| 3103 | | - | to be consumed off the premises where sold. This para- |
|---|
| 3104 | | - | graph does not apply in municipalities in which the gov- |
|---|
| 3105 | | - | erning body elects to come under par. (b) or to a winery |
|---|
| 3106 | | - | that has been issued a “Class B” license. Paragraph (am) |
|---|
| 3107 | | - | applies to all wineries that have been issued a “Class B” |
|---|
| 3108 | | - | license. |
|---|
| 3109 | | - | SECTION 26ep. 125.51 (3) (am) of the statutes is |
|---|
| 3110 | | - | repealed. |
|---|
| 3111 | | - | SECTION 26eq. 125.51 (3) (b) of the statutes is |
|---|
| 3112 | | - | amended to read: |
|---|
| 3113 | | - | 125.51 (3) (b) In all municipalities electing by ordi- |
|---|
| 3114 | | - | nance to come under this paragraph, a retail “Class B” |
|---|
| 3115 | | - | license authorizes the sale of intoxicating liquor to be |
|---|
| 3116 | | - | consumed by the glass on the premises where sold or off |
|---|
| 3117 | | - | the premises if the licensee seals the container of intoxi- |
|---|
| 3118 | | - | cating liquor with a tamper−evident seal before the |
|---|
| 3119 | | - | intoxicating liquor is removed from the premises. The |
|---|
| 3120 | | - | “Class B” license also authorizes the sale of intoxicating |
|---|
| 3121 | | - | liquor in the original package or container, in any quan- |
|---|
| 3122 | | - | tity, to be consumed off the premises where sold. This |
|---|
| 3123 | | - | paragraph does not apply to a winery that has been issued |
|---|
| 3124 | | - | a “Class B” license. Paragraph (am) applies to all winer- |
|---|
| 3125 | | - | ies that have been issued a “Class B” license. |
|---|
| 3126 | | - | SECTION 26er. 125.51 (3) (bg) of the statutes is cre- |
|---|
| 3127 | | - | ated to read: |
|---|
| 3128 | | - | 125.51 (3) (bg) 1. In this paragraph, “bulk container” |
|---|
| 3129 | | - | means a container exceeding 1.75 liters in volume. |
|---|
| 3130 | | - | 2. This paragraph applies only with respect to a |
|---|
| 3131 | | - | “Class B” licensee exercising its authority under par. (a) |
|---|
| 3132 | | - | or (b) to make retail sales of intoxicating liquor for con- |
|---|
| 3133 | | - | sumption on the premises where sold or for consumption |
|---|
| 3134 | | - | off the premises if the licensee seals the container of |
|---|
| 3135 | | - | intoxicating liquor with a tamper−evident seal before the |
|---|
| 3136 | | - | intoxicating liquor is removed from the premises. |
|---|
| 3137 | | - | 3. Notwithstanding s. 125.03 (2) and any rule pro- |
|---|
| 3138 | | - | mulgated thereunder, a “Class B” licensee may, on the |
|---|
| 3139 | | - | licensed premises, prepare, store, and dispense mixed |
|---|
| 3140 | | - | drinks containing intoxicating liquor, in advance of sale |
|---|
| 3141 | | - | as described in subd. 2., if all of the following apply: |
|---|
| 3142 | | - | a. The mixed drink is provided to the consumer in a |
|---|
| 3143 | | - | glass or other container not exceeding 72 ounces in vol- |
|---|
| 3144 | | - | ume. |
|---|
| 3145 | | - | b. The mixed drink has not been stored in a container |
|---|
| 3146 | | - | for more than 48 hours prior to its sale to a customer. |
|---|
| 3147 | | - | c. If the mixed drink is stored in or dispensed from a |
|---|
| 3148 | | - | bulk container, the bulk container does not exceed 5 gal- |
|---|
| 3149 | | - | lons in volume and is labeled in compliance with the |
|---|
| 3150 | | - | requirements established under subd. 4. |
|---|
| 3151 | | - | d. The licensee has not stored the mixed drink in or |
|---|
| 3152 | | - | dispensed the mixed drink from a wine bottle and has |
|---|
| 3153 | | - | ensured compliance with ss. 125.68 (8) (a) 2. and 3. and |
|---|
| 3154 | | - | 125.69 (6), as well as compliance with any other applica- |
|---|
| 3155 | | - | ble state or federal food safety regulation and any federal |
|---|
| 3156 | | - | alcohol regulation. |
|---|
| 3157 | | - | 4. The division shall prescribe the form of the label |
|---|
| 3158 | | - | to be used by “Class B” licensees under subd. 3. c., but the |
|---|
| 3159 | | - | form shall require the licensee to disclose on the label all |
|---|
| 3160 | | - | of the following information: |
|---|
| 3161 | | - | a. That the container holds a batch of premixed drinks |
|---|
| 3162 | | - | and the date and time the batch was prepared. |
|---|
| 3163 | | - | b. Following the words “expiration date,” the date |
|---|
| 3164 | | - | and time that is 48 hours after the date and time the batch |
|---|
| 3165 | | - | was prepared. |
|---|
| 3166 | | - | c. The words “contains alcohol.” |
|---|
| 3167 | | - | d. The name of the person who prepared the batch of |
|---|
| 3168 | | - | premixed drinks in the container. |
|---|
| 3169 | | - | e. The ingredients of the batch of premixed drinks, |
|---|
| 3170 | | - | unless the label contains a recipe title for the batch and the |
|---|
| 3171 | | - | recipe, with a complete ingredient list, is maintained on |
|---|
| 3172 | | - | the “Class B” premises and is available for inspection. |
|---|
| 3173 | | - | 5. Section 125.68 (9) (b) does not apply with respect |
|---|
| 3174 | | - | to a container used by a “Class B” licensee solely to pre- |
|---|
| 3175 | | - | pare, store, or dispense mixed drinks in compliance with |
|---|
| 3176 | | - | this paragraph. |
|---|
| 3177 | | - | SECTION 26es. 125.51 (3) (bm) of the statutes is |
|---|
| 3178 | | - | amended to read: |
|---|
| 3179 | | - | 125.51 (3) (bm) Notwithstanding pars. (a) and (b) |
|---|
| 3180 | | - | and s. 125.04 (3) (a) 3. and (9), a “Class B” license autho- |
|---|
| 3181 | | - | rizes a person operating a hotel to furnish a registered |
|---|
| 3182 | | - | guest who has attained the legal drinking age with a selec- |
|---|
| 3183 | | - | tion of intoxicating liquor in the guest’s room which is not |
|---|
| 3184 | | - | part of the “Class B” premises. Intoxicating liquor fur- |
|---|
| 3185 | | - | nished under this paragraph shall be furnished in original |
|---|
| 3186 | | - | packages or containers and stored in a cabinet, refrigera- |
|---|
| 3187 | | - | tor or other secure storage place. The cabinet, refrigera- |
|---|
| 3188 | | - | tor or other secure storage place must be capable of being |
|---|
| 3189 | | - | locked. The cabinet, refrigerator or other secure storage |
|---|
| 3190 | | - | place shall be locked, or the intoxicating liquor shall be |
|---|
| 3191 | | - | removed from the room, when the room is not occupied |
|---|
| 3192 | | - | and when intoxicating liquor is not being furnished under |
|---|
| 3193 | | - | this paragraph. A key for the lock shall be supplied to a |
|---|
| 3194 | | - | guest who has attained the legal drinking age upon |
|---|
| 3195 | | - | request at registration. The hotel shall prominently dis- |
|---|
| 3196 | | - | play a price list of the intoxicating liquor in the hotel |
|---|
| 3197 | | - | room. Intoxicating liquor may be furnished at the time |
|---|
| 3198 | | - | the guest occupies the room, but for purposes of this |
|---|
| 3199 | | - | chapter, the sale of intoxicating liquor furnished under |
|---|
| 3200 | | - | this paragraph is considered to occur at the time and place |
|---|
| 3201 | | - | that the guest pays for the intoxicating liquor. Notwith- |
|---|
| 3202 | | - | standing s. 125.68 (4) (c), the guest may pay for the |
|---|
| 3203 | | - | intoxicating liquor at any time if he or she pays in con- |
|---|
| 3204 | | - | junction with checking out of the hotel. An individual |
|---|
| 3205 | | - | who stocks or accepts payment for alcohol beverages |
|---|
| 3206 | | - | under this paragraph shall be the licensee, the agent |
|---|
| 3207 | | - | named in the license if the licensee is a corporation or |
|---|
| 3208 | | - | limited liability company, or the holder of a manager’s or − 31 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 3209 | | - | operator’s license or operator’s permit, or be supervised |
|---|
| 3210 | | - | by one of those individuals. |
|---|
| 3211 | | - | SECTION 26et. 125.51 (3) (bs) 2. of the statutes is |
|---|
| 3212 | | - | amended to read: |
|---|
| 3213 | | - | 125.51 (3) (bs) 2. Notwithstanding pars. (a) and (b) |
|---|
| 3214 | | - | and s. 125.04 (3) (a) 3. and (9), a “Class B” license autho- |
|---|
| 3215 | | - | rizes a person operating a coliseum to furnish the holder |
|---|
| 3216 | | - | of a coliseum suite who has attained the legal drinking |
|---|
| 3217 | | - | age with a selection of intoxicating liquor in the coliseum |
|---|
| 3218 | | - | suite that is not part of the “Class B” premises. Intoxicat- |
|---|
| 3219 | | - | ing liquor furnished under this subdivision shall be fur- |
|---|
| 3220 | | - | nished in original packages or containers and stored in a |
|---|
| 3221 | | - | cabinet, refrigerator or other secure storage place. The |
|---|
| 3222 | | - | cabinet, refrigerator or other secure storage place or the |
|---|
| 3223 | | - | coliseum suite must be capable of being locked. The cab- |
|---|
| 3224 | | - | inet, refrigerator or other secure storage place or the coli- |
|---|
| 3225 | | - | seum suite shall be locked, or the intoxicating liquor shall |
|---|
| 3226 | | - | be removed from the coliseum suite, when the coliseum |
|---|
| 3227 | | - | suite is not occupied and when intoxicating liquor is not |
|---|
| 3228 | | - | being furnished under this subdivision. Intoxicating |
|---|
| 3229 | | - | liquor may be furnished at the time the holder of the coli- |
|---|
| 3230 | | - | seum suite occupies the coliseum suite, but for purposes |
|---|
| 3231 | | - | of this chapter, the sale of intoxicating liquor furnished |
|---|
| 3232 | | - | under this subdivision is considered to occur at the time |
|---|
| 3233 | | - | and place that the holder pays for the intoxicating liquor. |
|---|
| 3234 | | - | Notwithstanding s. 125.68 (4) (c), the holder of a coli- |
|---|
| 3235 | | - | seum suite may pay for the intoxicating liquor at any time |
|---|
| 3236 | | - | if he or she pays in accordance with an agreement with |
|---|
| 3237 | | - | the person operating the coliseum or with the concession- |
|---|
| 3238 | | - | aire. An individual who stocks or accepts payment for |
|---|
| 3239 | | - | alcohol beverages under this subdivision shall be the |
|---|
| 3240 | | - | licensee, the agent named in the license if the licensee is |
|---|
| 3241 | | - | a corporation or limited liability company, or the holder |
|---|
| 3242 | | - | of a manager’s or operator’s license or operator’s permit, |
|---|
| 3243 | | - | or be supervised by one of those individuals. |
|---|
| 3244 | | - | SECTION 26eu. 125.51 (3) (f) of the statutes is |
|---|
| 3245 | | - | amended to read: |
|---|
| 3246 | | - | 125.51 (3) (f) A “Class B” license may be issued only |
|---|
| 3247 | | - | to a holder of a retail Class “B” license to sell fermented |
|---|
| 3248 | | - | malt beverages unless the “Class B” license is the kind of |
|---|
| 3249 | | - | “Class B” license specified under par. (am) or is a tempo- |
|---|
| 3250 | | - | rary “Class B” license under sub. (10). |
|---|
| 3251 | | - | SECTION 26ev. 125.51 (3m) (a) of the statutes is |
|---|
| 3252 | | - | repealed. |
|---|
| 3253 | | - | SECTION 26ew. 125.51 (3m) (c) of the statutes is |
|---|
| 3254 | | - | amended to read: |
|---|
| 3255 | | - | 125.51 (3m) (c) A Except as provided under s. |
|---|
| 3256 | | - | 125.69, a “Class C” license may be issued to a person |
|---|
| 3257 | | - | qualified under s. 125.04 (5) for a restaurant in which the |
|---|
| 3258 | | - | sale of alcohol beverages accounts for less than 50 per- |
|---|
| 3259 | | - | cent of gross receipts and which does not have a barroom |
|---|
| 3260 | | - | or for a restaurant in which the sale of alcohol beverages |
|---|
| 3261 | | - | accounts for less than 50 percent of gross receipts and |
|---|
| 3262 | | - | which has a barroom in which wine is the only intoxicat- |
|---|
| 3263 | | - | ing liquor sold. A “Class C” license may not be issued to |
|---|
| 3264 | | - | a foreign corporation, a foreign limited liability company |
|---|
| 3265 | | - | or, except a person acting as an agent for or in the employ |
|---|
| 3266 | | - | of another. |
|---|
| 3267 | | - | SECTION 26ex. 125.51 (3r) (a) 3. of the statutes is |
|---|
| 3268 | | - | amended to read: |
|---|
| 3269 | | - | 125.51 (3r) (a) 3. Prior to the opened, partially con- |
|---|
| 3270 | | - | sumed bottle of wine being taken off the licensed |
|---|
| 3271 | | - | premises, the licensee securely reinserts the cork into the |
|---|
| 3272 | | - | bottle to the point where the top of the cork is even with |
|---|
| 3273 | | - | the top of the bottle, or securely reattaches the original |
|---|
| 3274 | | - | cap to the bottle, and the cork is reinserted or the cap is |
|---|
| 3275 | | - | reattached at a time other than during the time period |
|---|
| 3276 | | - | specified in s. 125.68 (4) (c) 3. |
|---|
| 3277 | | - | SECTION 26ey. 125.51 (3r) (b) of the statutes is |
|---|
| 3278 | | - | amended to read: |
|---|
| 3279 | | - | 125.51 (3r) (b) This subsection does not apply to a |
|---|
| 3280 | | - | “Class B” license issued to a winery under sub. (3) (am). |
|---|
| 3281 | | - | Nothing in this subsection restricts a licensee’s authoriza- |
|---|
| 3282 | | - | tion for retail sales of wine under subs. (3) (a) and (b) and |
|---|
| 3283 | | - | (3m) (b). |
|---|
| 3284 | | - | SECTION 26ez. 125.51 (4) (a) 1. of the statutes is |
|---|
| 3285 | | - | amended to read: |
|---|
| 3286 | | - | 125.51 (4) (a) 1. “License” means a retail “Class B” |
|---|
| 3287 | | - | license issued under sub. (3) but does not include a “Class |
|---|
| 3288 | | - | B” license issued to wineries under sub. (3) (am). |
|---|
| 3289 | | - | SECTION 26fb. 125.51 (4) (e) 1. of the statutes is |
|---|
| 3290 | | - | amended to read: |
|---|
| 3291 | | - | 125.51 (4) (e) 1. A municipality may make a request |
|---|
| 3292 | | - | to another municipality that is contiguous with, or within |
|---|
| 3293 | | - | 2 miles of, located in whole or in part in the same county |
|---|
| 3294 | | - | as the requesting municipality that the other municipality |
|---|
| 3295 | | - | transfer a reserve “Class B” license to the requesting |
|---|
| 3296 | | - | municipality. If the request is granted, the reserve “Class |
|---|
| 3297 | | - | B” license shall be transferred. |
|---|
| 3298 | | - | SECTION 26fc. 125.51 (4) (v) 5. of the statutes is cre- |
|---|
| 3299 | | - | ated to read: |
|---|
| 3300 | | - | 125.51 (4) (v) 5. An event venue certified by the divi- |
|---|
| 3301 | | - | sion under s. 125.24 (5) (b). Except as provided in this |
|---|
| 3302 | | - | subdivision, a license may not be issued under this subdi- |
|---|
| 3303 | | - | vision unless the license application is received by the |
|---|
| 3304 | | - | municipality no later than the first day of the 7th month |
|---|
| 3305 | | - | beginning after the effective date of this subdivision .... |
|---|
| 3306 | | - | [LRB inserts date]. Except as provided in this subdivi- |
|---|
| 3307 | | - | sion, if a “Class B” license issued under this subdivision |
|---|
| 3308 | | - | is surrendered to the issuing municipality, not renewed, |
|---|
| 3309 | | - | or revoked, the municipality may not reissue the license. |
|---|
| 3310 | | - | The municipality may reissue the license if the licensee |
|---|
| 3311 | | - | sells or transfers ownership of the licensed premises or a |
|---|
| 3312 | | - | business operated on the licensed premises and the |
|---|
| 3313 | | - | license is surrendered or not renewed in connection with |
|---|
| 3314 | | - | the sale or transfer of the property or business, the |
|---|
| 3315 | | - | licensee continued to operate the licensed premises as a |
|---|
| 3316 | | - | qualifying event venue, as defined in s. 125.24 (5) (a), |
|---|
| 3317 | | - | from the time of license issuance until the time the license |
|---|
| 3318 | | - | is surrendered or not renewed, the license is reissued for |
|---|
| 3319 | | - | the same location, and the applicant for reissuance of the |
|---|
| 3320 | | - | license satisfies the requirements under this chapter to − 32 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 3321 | | - | hold the license and certifies to the municipality that the |
|---|
| 3322 | | - | applicant will continue to operate the licensed premises |
|---|
| 3323 | | - | as a qualifying event venue, as defined in s. 125.24 (5) |
|---|
| 3324 | | - | (a). |
|---|
| 3325 | | - | SECTION 26fd. 125.51 (5) (a) 1. of the statutes is |
|---|
| 3326 | | - | amended to read: |
|---|
| 3327 | | - | 125.51 (5) (a) 1. The department division shall issue |
|---|
| 3328 | | - | “Class B” permits to clubs that are operated solely for the |
|---|
| 3329 | | - | playing of golf or tennis and are commonly known as |
|---|
| 3330 | | - | country clubs and to clubs which are operated solely for |
|---|
| 3331 | | - | curling, ski jumping, or yachting. A “Class B” permit |
|---|
| 3332 | | - | may be issued only to a club that holds a valid certificate |
|---|
| 3333 | | - | issued under s. 73.03 (50), that is not open to the general |
|---|
| 3334 | | - | public, and that is located in a municipality that does not |
|---|
| 3335 | | - | issue “Class B” licenses or to a club located in a munici- |
|---|
| 3336 | | - | pality that issues “Class B” licenses, if the club holds a |
|---|
| 3337 | | - | valid certificate issued under s. 73.03 (50), is not open to |
|---|
| 3338 | | - | the general public, was not issued a license under s. |
|---|
| 3339 | | - | 176.05 (4a), 1979 stats., and does not currently hold a |
|---|
| 3340 | | - | “Class B” license. The permits may be issued by the |
|---|
| 3341 | | - | department division without regard to any quota under |
|---|
| 3342 | | - | sub. (4). The holder of a “Class B” permit may sell intoxi- |
|---|
| 3343 | | - | cating liquor for consumption by the glass and not in the |
|---|
| 3344 | | - | original package or container on the premises covered by |
|---|
| 3345 | | - | the permit. |
|---|
| 3346 | | - | SECTION 26fe. 125.51 (5) (a) 4. of the statutes is |
|---|
| 3347 | | - | amended to read: |
|---|
| 3348 | | - | 125.51 (5) (a) 4. The department division may annu- |
|---|
| 3349 | | - | ally issue a “Class B” permit to any club that holds a valid |
|---|
| 3350 | | - | certificate issued under s. 73.03 (50), is organized to |
|---|
| 3351 | | - | engage in sports similar to curling, golf, tennis or yacht- |
|---|
| 3352 | | - | ing and that held a license from July 1, 1950, to June 30, |
|---|
| 3353 | | - | 1951, as long as it is continuously operated under sub- |
|---|
| 3354 | | - | stantially the same circumstances under which it oper- |
|---|
| 3355 | | - | ated during the year beginning July 1, 1950, if the club is |
|---|
| 3356 | | - | located in a municipality that does not issue “Class B” |
|---|
| 3357 | | - | licenses. |
|---|
| 3358 | | - | SECTION 26ff. 125.51 (5) (b) 2. of the statutes is |
|---|
| 3359 | | - | amended to read: |
|---|
| 3360 | | - | 125.51 (5) (b) 2. The department division shall issue |
|---|
| 3361 | | - | a “Class B” permit to a concessionaire that holds a valid |
|---|
| 3362 | | - | certificate issued under s. 73.03 (50) and that conducts |
|---|
| 3363 | | - | business in an operating airport or public facility, if the |
|---|
| 3364 | | - | county or municipality which owns the airport or public |
|---|
| 3365 | | - | facility has, by resolution of its governing body, annually |
|---|
| 3366 | | - | applied to the department division for the permit. The |
|---|
| 3367 | | - | permit authorizes the sale of intoxicating liquor for con- |
|---|
| 3368 | | - | sumption by the glass and not in the original package or |
|---|
| 3369 | | - | container on the premises. |
|---|
| 3370 | | - | SECTION 26fg. 125.51 (5) (b) 4. of the statutes is |
|---|
| 3371 | | - | amended to read: |
|---|
| 3372 | | - | 125.51 (5) (b) 4. The department division may not |
|---|
| 3373 | | - | issue a permit under this paragraph to any county or |
|---|
| 3374 | | - | municipality or officer or employee thereof. |
|---|
| 3375 | | - | SECTION 26fh. 125.51 (5) (c) 1. of the statutes is |
|---|
| 3376 | | - | amended to read: |
|---|
| 3377 | | - | 125.51 (5) (c) 1. The department division may issue |
|---|
| 3378 | | - | a “Class B” permit to any person who holds a valid cer- |
|---|
| 3379 | | - | tificate issued under s. 73.03 (50) and who is qualified |
|---|
| 3380 | | - | under s. 125.04 (5) authorizing the sale of intoxicating |
|---|
| 3381 | | - | liquor for consumption on any vessel having a regular |
|---|
| 3382 | | - | place of mooring located in any waters of this state as |
|---|
| 3383 | | - | defined under s. 29.001 (45) and (63) if the vessel either |
|---|
| 3384 | | - | serves food and has an approved passenger capacity of |
|---|
| 3385 | | - | not less than 40 individuals and the sale of intoxicating |
|---|
| 3386 | | - | liquor and fermented malt beverages on the vessel |
|---|
| 3387 | | - | accounts for less than 50 percent of the gross receipts of |
|---|
| 3388 | | - | all of the food and beverages served on the vessel or if the |
|---|
| 3389 | | - | vessel has an approved passenger capacity of at least 100 |
|---|
| 3390 | | - | individuals and the sale of intoxicating liquor and fer- |
|---|
| 3391 | | - | mented malt beverages on the vessel accounts for less |
|---|
| 3392 | | - | than 50 percent of the gross receipts of the vessel. The |
|---|
| 3393 | | - | department division may issue the permit only if the ves- |
|---|
| 3394 | | - | sel leaves its place of mooring while the sale of intoxicat- |
|---|
| 3395 | | - | ing liquor is taking place and if the vessel fulfills the |
|---|
| 3396 | | - | requirement under par. (c) 1m. A permit issued under this |
|---|
| 3397 | | - | subdivision also authorizes the permittee to store intoxi- |
|---|
| 3398 | | - | cating liquor purchased for sale on the vessel on premises |
|---|
| 3399 | | - | owned or leased by the permittee and located near the |
|---|
| 3400 | | - | vessel’s regular place of mooring. The permittee shall |
|---|
| 3401 | | - | describe on the permit application under s. 125.04 (3) (a) |
|---|
| 3402 | | - | 3. the premises where the intoxicating liquor will be |
|---|
| 3403 | | - | stored. The premises shall be open to inspection by the |
|---|
| 3404 | | - | department division upon request. |
|---|
| 3405 | | - | SECTION 26fi. 125.51 (5) (d) 2. of the statutes is |
|---|
| 3406 | | - | amended to read: |
|---|
| 3407 | | - | 125.51 (5) (d) 2. Upon application, the department |
|---|
| 3408 | | - | division shall issue a “Class B” permit to a tribe that holds |
|---|
| 3409 | | - | a valid certificate issued under s. 73.03 (50) and that is |
|---|
| 3410 | | - | qualified under s. 125.04 (5) and (6). The permit autho- |
|---|
| 3411 | | - | rizes the retail sale of intoxicating liquor for consumption |
|---|
| 3412 | | - | on the premises where sold by the glass and not in the |
|---|
| 3413 | | - | original package or container. The permit also authorizes |
|---|
| 3414 | | - | the sale of intoxicating liquor in the original package or |
|---|
| 3415 | | - | container, in multiples not to exceed 4 liters at any one |
|---|
| 3416 | | - | time, to be consumed off the premises where sold, except |
|---|
| 3417 | | - | that wine is not subject to the 4−liter limitation. |
|---|
| 3418 | | - | SECTION 26fj. 125.51 (5) (f) 2. and 5. of the statutes |
|---|
| 3419 | | - | are amended to read: |
|---|
| 3420 | | - | 125.51 (5) (f) 2. The department division may issue |
|---|
| 3421 | | - | “Class B” permits for locations within racetrack grounds |
|---|
| 3422 | | - | to any person that holds a valid certificate issued under |
|---|
| 3423 | | - | s. 73.03 (50), that is qualified under s. 125.04 (5) and (6), |
|---|
| 3424 | | - | and that is the owner or operator of the racetrack grounds |
|---|
| 3425 | | - | or is designated by the owner or operator of the racetrack |
|---|
| 3426 | | - | grounds to operate premises located within the racetrack |
|---|
| 3427 | | - | grounds. Subject to subd. 4., the permit authorizes the |
|---|
| 3428 | | - | retail sale of intoxicating liquor, by the glass and not in |
|---|
| 3429 | | - | the original package or container, on the premises |
|---|
| 3430 | | - | covered by the permit, for consumption anywhere within |
|---|
| 3431 | | - | the racetrack grounds. If the department division issues |
|---|
| 3432 | | - | more than one permit under this paragraph for the same − 33 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 3433 | | - | racetrack grounds, no part of the premises covered by a |
|---|
| 3434 | | - | permit under this paragraph may overlap with premises |
|---|
| 3435 | | - | covered by any other permit issued under this paragraph. |
|---|
| 3436 | | - | 5. The department division shall establish a fee for a |
|---|
| 3437 | | - | permit issued under this paragraph in the amount of 50 |
|---|
| 3438 | | - | percent of the fee for a permit issued under par. (a). |
|---|
| 3439 | | - | SECTION 26fk. 125.52 (1) (a) of the statutes is |
|---|
| 3440 | | - | amended to read: |
|---|
| 3441 | | - | 125.52 (1) (a) The department division shall issue |
|---|
| 3442 | | - | manufacturers’ and rectifiers’ permits which authorize |
|---|
| 3443 | | - | the manufacture or rectification, respectively, of intoxi- |
|---|
| 3444 | | - | cating liquor on the premises covered by the permit. A |
|---|
| 3445 | | - | person holding a manufacturer’s or rectifier’s permit may |
|---|
| 3446 | | - | manufacture and bottle wine, pursuant to the terms of the |
|---|
| 3447 | | - | permit, without procuring a winery permit. |
|---|
| 3448 | | - | SECTION 26fm. 125.52 (1) (b) 1. of the statutes is |
|---|
| 3449 | | - | renumbered 125.52 (1) (b) (intro.) and amended to read: |
|---|
| 3450 | | - | 125.52 (1) (b) (intro.) A manufacturer’s or rectifier’s |
|---|
| 3451 | | - | permit entitles authorizes the permittee to engage in any |
|---|
| 3452 | | - | of the following activities: |
|---|
| 3453 | | - | 1. To sell intoxicating liquor in original unopened |
|---|
| 3454 | | - | packages or containers to wholesalers holding a permit |
|---|
| 3455 | | - | under s. 125.54,. |
|---|
| 3456 | | - | 2. To sell or transfer, in bulk or in any state of packag- |
|---|
| 3457 | | - | ing, intoxicating liquor to wineries holding a permit |
|---|
| 3458 | | - | under s. 125.53, and to other manufacturers and rectifiers |
|---|
| 3459 | | - | holding a permit under this section, from the premises |
|---|
| 3460 | | - | described in the permit. Except as provided in subd. 2., |
|---|
| 3461 | | - | no sales may be made for consumption on the premises |
|---|
| 3462 | | - | of the permittee. |
|---|
| 3463 | | - | SECTION 26fn. 125.52 (1) (b) 2. of the statutes is |
|---|
| 3464 | | - | renumbered 125.52 (1) (b) 6. and amended to read: |
|---|
| 3465 | | - | 125.52 (1) (b) 6. Notwithstanding s. 125.09 (1), a |
|---|
| 3466 | | - | manufacturer’s or rectifier’s permit authorizes the retail |
|---|
| 3467 | | - | sale of intoxicating liquor that is manufactured or recti- |
|---|
| 3468 | | - | fied on the premises, for consumption on or off the |
|---|
| 3469 | | - | premises. A manufacturer’s or rectifier’s permit also |
|---|
| 3470 | | - | authorizes the provision of To provide taste samples, free |
|---|
| 3471 | | - | of charge and in an amount not exceeding a total of 1.5 |
|---|
| 3472 | | - | fluid ounces to any one person, of intoxicating liquor that |
|---|
| 3473 | | - | is manufactured or rectified on the premises, for con- |
|---|
| 3474 | | - | sumption on the premises. The department may pre- |
|---|
| 3475 | | - | scribe additional regulations for the sale of intoxicating |
|---|
| 3476 | | - | liquor under this subdivision, if the additional regulations |
|---|
| 3477 | | - | do not conflict with the requirements applicable to hold- |
|---|
| 3478 | | - | ers of “Class B” licenses. Notwithstanding any other pro- |
|---|
| 3479 | | - | vision of this chapter, the authorization under this subdi- |
|---|
| 3480 | | - | vision applies with respect to a person who holds any |
|---|
| 3481 | | - | permit under this section, a winery permit under s. |
|---|
| 3482 | | - | 125.53, and either a “Class A” license or a “Class B” |
|---|
| 3483 | | - | license issued under s. 125.51 (3) (am), all issued for the |
|---|
| 3484 | | - | same premises or portions of the same premises, on the |
|---|
| 3485 | | - | manufacturer’s or rectifier’s premises or at the manufac- |
|---|
| 3486 | | - | turer’s or rectifier’s full−service retail outlet if the taste |
|---|
| 3487 | | - | samples are of alcohol beverages the manufacturer or |
|---|
| 3488 | | - | rectifier is authorized to sell under sub. (4) (c), or as |
|---|
| 3489 | | - | authorized under s. 125.69 (9). |
|---|
| 3490 | | - | SECTION 26fo. 125.52 (1) (b) 3., 4. and 5. of the |
|---|
| 3491 | | - | statutes are created to read: |
|---|
| 3492 | | - | 125.52 (1) (b) 3. To transfer intoxicating liquor to, or |
|---|
| 3493 | | - | receive intoxicating liquor from, another manufacturer |
|---|
| 3494 | | - | or rectifier holding a permit under this section or a winery |
|---|
| 3495 | | - | holding a permit under s. 125.53, in bulk or in any state |
|---|
| 3496 | | - | of packaging, for purposes of further manufacturing, bot- |
|---|
| 3497 | | - | tling, or storage. |
|---|
| 3498 | | - | 4. To sell, ship, transport, and deliver intoxicating |
|---|
| 3499 | | - | liquor, in bulk or in any state of packaging, that has been |
|---|
| 3500 | | - | manufactured by the manufacturer or rectifier to another |
|---|
| 3501 | | - | manufacture or rectifier holding a permit under this sec- |
|---|
| 3502 | | - | tion. |
|---|
| 3503 | | - | 5. To transport intoxicating liquor between the pro- |
|---|
| 3504 | | - | duction premises and any depot, warehouse, or full−ser- |
|---|
| 3505 | | - | vice retail outlet maintained by the manufacturer or recti- |
|---|
| 3506 | | - | fier or other premises for which the manufacturer or |
|---|
| 3507 | | - | rectifier holds a permit under this chapter. |
|---|
| 3508 | | - | SECTION 26fp. 125.52 (2) of the statutes is amended |
|---|
| 3509 | | - | to read: |
|---|
| 3510 | | - | 125.52 (2) LIMITED MANUFACTURER’S PERMIT. The |
|---|
| 3511 | | - | department division shall issue a limited manufacturer’s |
|---|
| 3512 | | - | permit which authorizes the use or sale of the intoxicating |
|---|
| 3513 | | - | liquor produced only if it is rendered unfit for use as a |
|---|
| 3514 | | - | beverage and is used or sold for use as fuel. The depart- |
|---|
| 3515 | | - | ment division shall notify the department of natural |
|---|
| 3516 | | - | resources of the name and address of any person to whom |
|---|
| 3517 | | - | a limited manufacturer’s permit is issued. |
|---|
| 3518 | | - | SECTION 26fq. 125.52 (4) and (5) of the statutes are |
|---|
| 3519 | | - | created to read: |
|---|
| 3520 | | - | 125.52 (4) RETAIL SALES; FULL−SERVICE RETAIL OUT- |
|---|
| 3521 | | - | LETS. (a) 1. Notwithstanding ss. 125.04 (9) and 125.09 |
|---|
| 3522 | | - | (1), a manufacturer or rectifier may make retail sales, on |
|---|
| 3523 | | - | the manufacturing or rectifying premises, of intoxicating |
|---|
| 3524 | | - | liquor that has been manufactured or rectified by the |
|---|
| 3525 | | - | manufacturer or rectifier on the manufacturing or rectify- |
|---|
| 3526 | | - | ing premises or on other premises of the manufacturer or |
|---|
| 3527 | | - | rectifier, for on−premises or off−premises consumption. |
|---|
| 3528 | | - | 2. Notwithstanding ss. 125.04 (9) and 125.09 (1), if |
|---|
| 3529 | | - | a manufacturer or rectifier produced, on all manufactur- |
|---|
| 3530 | | - | ing or rectifying premises operated by the manufacturer |
|---|
| 3531 | | - | or rectifier in this state, a cumulative total of at least 1,500 |
|---|
| 3532 | | - | liters of intoxicating liquor in any one of the 3 preceding |
|---|
| 3533 | | - | calendar years, the manufacturer or rectifier may engage |
|---|
| 3534 | | - | in full−service retail sales on the manufacturing or recti- |
|---|
| 3535 | | - | fying premises. |
|---|
| 3536 | | - | (b) Notwithstanding ss. 125.04 (9) and 125.09 (1), |
|---|
| 3537 | | - | and subject to pars. (d) and (g), if a manufacturer or recti- |
|---|
| 3538 | | - | fier produced, on all manufacturing or rectifying |
|---|
| 3539 | | - | premises operated by the manufacturer or rectifier in this |
|---|
| 3540 | | - | state, a cumulative total of at least 1,500 liters of intoxi- |
|---|
| 3541 | | - | cating liquor in any one of the 3 preceding calendar years, |
|---|
| 3542 | | - | the manufacturer or rectifier may engage in full−service − 34 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 3543 | | - | retail sales at off−site locations identified in the manufac- |
|---|
| 3544 | | - | turer’s or rectifier’s permit. Subject to pars. (f) and (g), |
|---|
| 3545 | | - | the number of retail sales locations a manufacturer or rec- |
|---|
| 3546 | | - | tifier is allowed in addition to the manufacturing or recti- |
|---|
| 3547 | | - | fying premises is determined by the cumulative volume |
|---|
| 3548 | | - | of intoxicating liquor the manufacturer or rectifier pro- |
|---|
| 3549 | | - | duced on all manufacturing or rectifying premises oper- |
|---|
| 3550 | | - | ated by the manufacturer or rectifier in this state in any |
|---|
| 3551 | | - | one of the 3 preceding calendar years, as follows: |
|---|
| 3552 | | - | 1. If the manufacturer’s or rectifier’s cumulative vol- |
|---|
| 3553 | | - | ume in a year was at least 1,500 liters of intoxicating |
|---|
| 3554 | | - | liquor but less than 5,000 liters of intoxicating liquor, the |
|---|
| 3555 | | - | manufacturer or rectifier may establish one full−service |
|---|
| 3556 | | - | retail outlet. |
|---|
| 3557 | | - | 2. If the manufacturer’s or rectifier’s cumulative vol- |
|---|
| 3558 | | - | ume in a year was at least 5,000 liters of intoxicating |
|---|
| 3559 | | - | liquor but less than 35,000 liters of intoxicating liquor, |
|---|
| 3560 | | - | the manufacturer or rectifier may establish not more than |
|---|
| 3561 | | - | 2 full−service retail outlets. |
|---|
| 3562 | | - | 3. If the manufacturer’s or rectifier’s cumulative vol- |
|---|
| 3563 | | - | ume in a year was at least 35,000 liters of intoxicating |
|---|
| 3564 | | - | liquor, the manufacturer or rectifier may establish not |
|---|
| 3565 | | - | more than 3 full−service retail outlets. |
|---|
| 3566 | | - | (c) 1. Except as provided in subd. 2. and par. (f), a |
|---|
| 3567 | | - | manufacturer or rectifier may make full−service retail |
|---|
| 3568 | | - | sales of alcohol beverages on the manufacturing or recti- |
|---|
| 3569 | | - | fying premises and at any of its full−service retail outlets |
|---|
| 3570 | | - | only if the alcohol beverages were purchased by the man- |
|---|
| 3571 | | - | ufacturer or rectifier from a wholesaler holding a permit |
|---|
| 3572 | | - | under s. 125.28 or 125.54, from a brewer authorized to |
|---|
| 3573 | | - | make sales to retailers under s. 125.29 (3m), from a brew- |
|---|
| 3574 | | - | pub authorized to make sales to retailers under s. 125.295 |
|---|
| 3575 | | - | (1) (g), or from a permittee under s. 125.30 authorized to |
|---|
| 3576 | | - | make sales to retailers under s. 125.30 (4). |
|---|
| 3577 | | - | 2. A manufacturer or rectifier is not required to pur- |
|---|
| 3578 | | - | chase from another permittee intoxicating liquor pro- |
|---|
| 3579 | | - | duced by the manufacturer or rectifier that the manufac- |
|---|
| 3580 | | - | turer or rectifier sells at retail on the manufacturing or |
|---|
| 3581 | | - | rectifying premises or at a full−service retail outlet of the |
|---|
| 3582 | | - | manufacturer or rectifier. |
|---|
| 3583 | | - | 3. Subject to subd. 2. and par. (f), a manufacturer or |
|---|
| 3584 | | - | rectifier engaged in full−service retail sales on manufac- |
|---|
| 3585 | | - | turing or rectifying premises or at a full−service retail |
|---|
| 3586 | | - | outlet of the manufacturer or rectifier is subject to ss. |
|---|
| 3587 | | - | 125.33 (9) and 125.69 (6) to the same extent as if the man- |
|---|
| 3588 | | - | ufacturer or rectifier were a retail licensee. |
|---|
| 3589 | | - | (d) 1. A manufacturer or rectifier may not commence |
|---|
| 3590 | | - | sales of alcohol beverages at a full−service retail outlet |
|---|
| 3591 | | - | unless, prior to commencing such sales, the manufacturer |
|---|
| 3592 | | - | or rectifier receives approval from the municipality in |
|---|
| 3593 | | - | which the full−service retail outlet is located and from the |
|---|
| 3594 | | - | division as provided in par. (g). |
|---|
| 3595 | | - | 2. Subject to par. (f), a municipality may limit the |
|---|
| 3596 | | - | scope of alcohol beverages offered for sale at a full−ser- |
|---|
| 3597 | | - | vice retail outlet only with respect to alcohol beverages |
|---|
| 3598 | | - | that are not of the same type as those produced by the per- |
|---|
| 3599 | | - | son holding the manufacturer’s or rectifier’s permit. A |
|---|
| 3600 | | - | municipality may not limit the sale, at a full−service retail |
|---|
| 3601 | | - | outlet, of alcohol beverages produced by the person hold- |
|---|
| 3602 | | - | ing the manufacturer’s or rectifier’s permit. If a munici- |
|---|
| 3603 | | - | pality limits the scope of alcohol beverages offered for |
|---|
| 3604 | | - | sale, the provision of taste samples is limited to those |
|---|
| 3605 | | - | alcohol beverages authorized to be sold. |
|---|
| 3606 | | - | 3. Except as provided in subd. 2., a municipality’s |
|---|
| 3607 | | - | approval under subd. 1. shall be based on the same stan- |
|---|
| 3608 | | - | dards and criteria that the municipality has established by |
|---|
| 3609 | | - | ordinance for the evaluation and approval of retail license |
|---|
| 3610 | | - | applications. A municipality may not impose any |
|---|
| 3611 | | - | requirement or restriction in connection with the |
|---|
| 3612 | | - | approval under subd. 1. that the municipality does not |
|---|
| 3613 | | - | impose on retail licensees. |
|---|
| 3614 | | - | (e) 1. A manufacturer or rectifier may operate a |
|---|
| 3615 | | - | restaurant at any full−service retail outlet under this sub- |
|---|
| 3616 | | - | section and on the manufacturing or rectifying premises. |
|---|
| 3617 | | - | 2. If the manufacturer or rectifier operates a restau- |
|---|
| 3618 | | - | rant as provided in subd. 1. and is authorized under this |
|---|
| 3619 | | - | subsection to make retail sales of wine at the restaurant, |
|---|
| 3620 | | - | the manufacturer or rectifier may make retail sales of |
|---|
| 3621 | | - | wine in an opened original bottle, in a quantity not to |
|---|
| 3622 | | - | exceed one bottle, for consumption both at the restaurant |
|---|
| 3623 | | - | and away from the restaurant if all of the following apply: |
|---|
| 3624 | | - | a. The purchaser of the wine orders food to be con- |
|---|
| 3625 | | - | sumed at the restaurant. |
|---|
| 3626 | | - | b. The manufacturer or rectifier provides a dated |
|---|
| 3627 | | - | receipt that identifies the purchase of the food and the |
|---|
| 3628 | | - | bottle of wine. |
|---|
| 3629 | | - | c. Prior to the opened, partially consumed bottle of |
|---|
| 3630 | | - | wine being taken away from the restaurant, the manufac- |
|---|
| 3631 | | - | turer or rectifier securely reinserts the cork into the bottle |
|---|
| 3632 | | - | to the point where the top of the cork is even with the top |
|---|
| 3633 | | - | of the bottle, or securely reattaches the original cap to the |
|---|
| 3634 | | - | bottle, and the cork is reinserted or the cap is reattached |
|---|
| 3635 | | - | at a time other than during the hours in which the manu- |
|---|
| 3636 | | - | facturer or rectifier is prohibited under sub. (5) (b) from |
|---|
| 3637 | | - | making retail sales for off−premises consumption. |
|---|
| 3638 | | - | (f) 1. If a manufacturer or rectifier may establish one |
|---|
| 3639 | | - | or more full−service retail outlets under pars. (b) and (g) |
|---|
| 3640 | | - | and the manufacturer or rectifier also holds a brewer’s |
|---|
| 3641 | | - | permit or winery permit or both and, as such, may estab- |
|---|
| 3642 | | - | lish full−service retail outlets under s. 125.29 (7) (b) and |
|---|
| 3643 | | - | (g) or 125.53 (3) (b) and (g), the aggregate number of |
|---|
| 3644 | | - | full−service retail outlets that may be established is the |
|---|
| 3645 | | - | maximum number authorized under par. (b), under s. |
|---|
| 3646 | | - | 125.29 (7) (b), or under s. 125.53 (3) (b), whichever is |
|---|
| 3647 | | - | greatest, but not exceeding 3 full−service retail outlets. |
|---|
| 3648 | | - | Under these circumstances, each authorized full−service |
|---|
| 3649 | | - | retail outlet shall serve as the full−service retail outlet |
|---|
| 3650 | | - | associated with each applicable permit, regardless of |
|---|
| 3651 | | - | whether the permittee would otherwise be entitled to |
|---|
| 3652 | | - | fewer full−service retail outlets when calculated under |
|---|
| 3653 | | - | par. (b) or s. 125.29 (7) (b) or 125.53 (3) (b). − 35 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 3654 | | - | 2. If a manufacturer or rectifier may engage in full− |
|---|
| 3655 | | - | service retail sales on the manufacturing or rectifying |
|---|
| 3656 | | - | premises as provided in par. (a) 2. and the manufacturer |
|---|
| 3657 | | - | or rectifier also holds a brewer’s permit or winery permit |
|---|
| 3658 | | - | or both, the manufacturer or rectifier may make retail |
|---|
| 3659 | | - | sales on the manufacturing or rectifying premises of fer- |
|---|
| 3660 | | - | mented malt beverages produced under its brewer’s per- |
|---|
| 3661 | | - | mit or wine produced under its winery permit without |
|---|
| 3662 | | - | first purchasing the fermented malt beverages or wine |
|---|
| 3663 | | - | from a wholesaler holding a permit under s. 125.28 or |
|---|
| 3664 | | - | 125.54 or receiving the fermented malt beverages under |
|---|
| 3665 | | - | authorization of s. 125.29 (3m) (b), 125.295 (1) (g), or |
|---|
| 3666 | | - | 125.30 (4). |
|---|
| 3667 | | - | 3. If a person holds more than one manufacturer’s |
|---|
| 3668 | | - | permit or rectifier’s permit under this section, or more |
|---|
| 3669 | | - | than one combination permit authorized under s. 125.55 |
|---|
| 3670 | | - | (1), the retail sales authority under this subsection for |
|---|
| 3671 | | - | manufacturing or rectifying premises applies with |
|---|
| 3672 | | - | respect to each permit, but the limit on full−service retail |
|---|
| 3673 | | - | outlets is an aggregate maximum, regardless of the num- |
|---|
| 3674 | | - | ber of permits held. |
|---|
| 3675 | | - | (g) 1. An application for a manufacturer’s or recti- |
|---|
| 3676 | | - | fier’s permit, including an application for an amendment |
|---|
| 3677 | | - | to the manufacturer’s or rectifier’s permit, shall specify |
|---|
| 3678 | | - | each full−service retail outlet of the manufacturer or rec- |
|---|
| 3679 | | - | tifier and particularly describe the premises of the full− |
|---|
| 3680 | | - | service retail outlet. |
|---|
| 3681 | | - | 2. The division shall establish a process for approval |
|---|
| 3682 | | - | of a manufacturer’s or rectifier’s full−service retail outlet |
|---|
| 3683 | | - | and for revocation of this approval. The division shall |
|---|
| 3684 | | - | approve a manufacturer’s or rectifier’s full−service retail |
|---|
| 3685 | | - | outlet, and may not revoke this approval, unless the man- |
|---|
| 3686 | | - | ufacturer or rectifier has violated a provision of this chap- |
|---|
| 3687 | | - | ter related to full−service retail outlets. The division’s |
|---|
| 3688 | | - | failure to approve, or revocation of approval of, a full− |
|---|
| 3689 | | - | service retail outlet described in a manufacturer’s or rec- |
|---|
| 3690 | | - | tifier’s application or permit does not affect any other |
|---|
| 3691 | | - | full−service retail outlet or the manufacturing or rectify- |
|---|
| 3692 | | - | ing premises as described in the application or permit. |
|---|
| 3693 | | - | 3. If the division approves a full−service retail outlet, |
|---|
| 3694 | | - | the manufacturer’s or rectifier’s permit, as initially |
|---|
| 3695 | | - | issued or as amended, shall particularly describe the |
|---|
| 3696 | | - | premises constituting the full−service retail outlet, which |
|---|
| 3697 | | - | shall be considered part of the premises under the manu- |
|---|
| 3698 | | - | facturer’s or rectifier’s permit. |
|---|
| 3699 | | - | 4. If the division approves a full−service retail outlet, |
|---|
| 3700 | | - | the agent appointed under s. 125.04 (6) for the manufac- |
|---|
| 3701 | | - | turer’s or rectifier’s permit shall also serve as the agent |
|---|
| 3702 | | - | for the full−service retail outlet. |
|---|
| 3703 | | - | 5. Section 125.04 (12) (a) does not apply to a manu- |
|---|
| 3704 | | - | facturer’s or rectifier’s full−service retail outlet. Upon |
|---|
| 3705 | | - | notice to the division, a manufacturer or rectifier may |
|---|
| 3706 | | - | relocate any full−service retail outlet to a new location |
|---|
| 3707 | | - | within this state once per calendar year, except that one |
|---|
| 3708 | | - | full−service retail outlet of a manufacturer or rectifier |
|---|
| 3709 | | - | may be relocated without limitation on frequency in each |
|---|
| 3710 | | - | calendar year. |
|---|
| 3711 | | - | (5) CLOSING HOURS. (a) On a manufacturer’s or recti- |
|---|
| 3712 | | - | fier’s premises, no person may sell alcohol beverages at |
|---|
| 3713 | | - | retail for on−premises consumption, provide taste sam- |
|---|
| 3714 | | - | ples of alcohol beverages, or consume alcohol beverages |
|---|
| 3715 | | - | during the closing hours applicable to a Class “B” |
|---|
| 3716 | | - | licensee under s. 125.32 (3) (a). A full−service retail out- |
|---|
| 3717 | | - | let under sub. (4) shall be subject to the same closing |
|---|
| 3718 | | - | hours applicable to a Class “B” licensee under s. 125.32 |
|---|
| 3719 | | - | (3) (a). |
|---|
| 3720 | | - | (b) On a manufacturer’s or rectifier’s premises and |
|---|
| 3721 | | - | at a full−service retail outlet, no person may sell alcohol |
|---|
| 3722 | | - | beverages at retail for off−premises consumption during |
|---|
| 3723 | | - | the hours in which a Class “B” licensee in the municipal- |
|---|
| 3724 | | - | ity where the manufacturing or rectifying premises or |
|---|
| 3725 | | - | retail outlet is located may not make retail sales under s. |
|---|
| 3726 | | - | 125.32 (3) (am) and (d). |
|---|
| 3727 | | - | (c) No member of the public or invited guests may be |
|---|
| 3728 | | - | present on a manufacturer’s or rectifier’s premises during |
|---|
| 3729 | | - | the closing hours applicable to a Class “B” licensee under |
|---|
| 3730 | | - | s. 125.32 (3) (a). |
|---|
| 3731 | | - | (d) Activities authorized under a manufacturer’s or |
|---|
| 3732 | | - | rectifier’s permit related to the production, shipment, |
|---|
| 3733 | | - | transportation, or delivery of alcohol beverages may |
|---|
| 3734 | | - | occur at any time. |
|---|
| 3735 | | - | SECTION 26fr. 125.52 (7) of the statutes is repealed. |
|---|
| 3736 | | - | SECTION 26fs. 125.53 (1) of the statutes is renum- |
|---|
| 3737 | | - | bered 125.53 (1) (a) (intro.) and amended to read: |
|---|
| 3738 | | - | 125.53 (1) (a) (intro.) The department division shall |
|---|
| 3739 | | - | issue only to a manufacturing winery in this state that |
|---|
| 3740 | | - | holds a valid certificate issued under s. 73.03 (50) a win- |
|---|
| 3741 | | - | ery permit authorizing the permittee to engage in the fol- |
|---|
| 3742 | | - | lowing activities: |
|---|
| 3743 | | - | 1. The manufacture and bottling of wine on the |
|---|
| 3744 | | - | premises covered by the permit for sale, in original |
|---|
| 3745 | | - | unopened packages or containers, to wholesalers holding |
|---|
| 3746 | | - | a permit under s. 125.54. A winery permit also autho- |
|---|
| 3747 | | - | rizes the permittee to, on |
|---|
| 3748 | | - | 2. On the winery premises and without obtaining a |
|---|
| 3749 | | - | rectifier’s permit, possess possessing intoxicating liquor |
|---|
| 3750 | | - | and mix or blend mixing or blending intoxicating liquor |
|---|
| 3751 | | - | to produce wine sold to wholesalers holding a permit |
|---|
| 3752 | | - | under s. 125.54. A winery holding a permit under this |
|---|
| 3753 | | - | section may offer on the premises, manufacturers or rec- |
|---|
| 3754 | | - | tifiers holding a permit under s. 125.52, and wineries |
|---|
| 3755 | | - | holding a permit under this section. |
|---|
| 3756 | | - | 7. The provision of free taste samples of wine manu- |
|---|
| 3757 | | - | factured on the premises to persons who have attained the |
|---|
| 3758 | | - | legal drinking age. A permittee under this section may |
|---|
| 3759 | | - | also have either one “Class A” license or one “Class B” |
|---|
| 3760 | | - | license, but not both. The “Class A” license or “Class B” |
|---|
| 3761 | | - | license may either be issued for the winery premises or |
|---|
| 3762 | | - | for real estate owned or leased by the winery. If a “Class |
|---|
| 3763 | | - | A” or “Class B” liquor license has also been issued to the − 36 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 3764 | | - | winery, the winery may provide wine manufactured, |
|---|
| 3765 | | - | mixed, or blended on the winery premises directly to the |
|---|
| 3766 | | - | “Class A” or “Class B” premises and may offer the taste |
|---|
| 3767 | | - | samples on the “Class A” or “Class B” premises on the |
|---|
| 3768 | | - | winery premises or at the winery’s full−service retail out- |
|---|
| 3769 | | - | let if the taste samples are of alcohol beverages the win- |
|---|
| 3770 | | - | ery is authorized to sell under sub. (3) (c), or as authorized |
|---|
| 3771 | | - | under s. 125.69 (9). |
|---|
| 3772 | | - | (b) A winery holding a permit under this section may |
|---|
| 3773 | | - | also make retail sales of wine, and provide taste samples |
|---|
| 3774 | | - | of wine, on county or district fair fairgrounds as provided |
|---|
| 3775 | | - | in s. 125.51 (10), but this wine sold at retail or provided |
|---|
| 3776 | | - | as taste samples shall be purchased from a wholesaler |
|---|
| 3777 | | - | holding a permit under s. 125.54. |
|---|
| 3778 | | - | SECTION 26ft. 125.53 (1) (a) 3., 4., 5. and 6. of the |
|---|
| 3779 | | - | statutes are created to read: |
|---|
| 3780 | | - | 125.53 (1) (a) 3. The sale or transfer, in bulk or in any |
|---|
| 3781 | | - | state of packaging, of wine to wineries holding a permit |
|---|
| 3782 | | - | under this section and to manufacturers and rectifiers |
|---|
| 3783 | | - | holding a permit under s. 125.52, from the winery |
|---|
| 3784 | | - | premises. |
|---|
| 3785 | | - | 4. The sale, shipment, transportation, and delivery of |
|---|
| 3786 | | - | wine, in bulk or in any state of packaging, that has been |
|---|
| 3787 | | - | manufactured by the winery to another winery holding a |
|---|
| 3788 | | - | permit under this section or a manufacturer or rectifier |
|---|
| 3789 | | - | holding a permit under s. 125.52. |
|---|
| 3790 | | - | 5. The receipt of intoxicating liquor from another |
|---|
| 3791 | | - | winery holding a permit under this section or a manufac- |
|---|
| 3792 | | - | turer or rectifier holding a permit under s. 125.52, in bulk |
|---|
| 3793 | | - | or in any state of packaging, for purposes of further man- |
|---|
| 3794 | | - | ufacturing, bottling, or storage. |
|---|
| 3795 | | - | 6. The transportation of wine between the winery |
|---|
| 3796 | | - | premises and any depot, warehouse, or full−service retail |
|---|
| 3797 | | - | outlet maintained by the winery or other premises for |
|---|
| 3798 | | - | which the winery holds a permit under this chapter. |
|---|
| 3799 | | - | SECTION 26fu. 125.53 (3) and (4) of the statutes are |
|---|
| 3800 | | - | created to read: |
|---|
| 3801 | | - | 125.53 (3) (a) 1. Notwithstanding ss. 125.04 (9) and |
|---|
| 3802 | | - | 125.09 (1), and subject to subd. 3., a winery may make |
|---|
| 3803 | | - | retail sales, on the winery premises, of wine that has been |
|---|
| 3804 | | - | manufactured or bottled by the winery on the winery |
|---|
| 3805 | | - | premises or on other premises of the winery, for on− |
|---|
| 3806 | | - | premises or off−premises consumption. |
|---|
| 3807 | | - | 2. Notwithstanding ss. 125.04 (9) and 125.09 (1), and |
|---|
| 3808 | | - | subject to subd. 3., if a winery manufactured or bottled, |
|---|
| 3809 | | - | on all winery premises operated by the winery in this |
|---|
| 3810 | | - | state, a cumulative total of at least 1,000 gallons of wine |
|---|
| 3811 | | - | in any one of the 3 preceding calendar years, the winery |
|---|
| 3812 | | - | may engage in full−service retail sales on the winery |
|---|
| 3813 | | - | premises. |
|---|
| 3814 | | - | 3. If a winery held a “Class B” license immediately |
|---|
| 3815 | | - | preceding the effective date of this subdivision .... [LRB |
|---|
| 3816 | | - | inserts date], for a location other than the winery |
|---|
| 3817 | | - | premises, that location shall be considered the winery |
|---|
| 3818 | | - | premises for purposes of the retail sales authorization |
|---|
| 3819 | | - | under subds. 1. and 2. and that location shall be in addi- |
|---|
| 3820 | | - | tion to any retail sales locations authorized under par. (b). |
|---|
| 3821 | | - | (b) Notwithstanding ss. 125.04 (9) and 125.09 (1), |
|---|
| 3822 | | - | and subject to pars. (d) and (g), if a winery manufactured |
|---|
| 3823 | | - | or bottled, on all winery premises operated by the winery |
|---|
| 3824 | | - | in this state, a cumulative total of at least 1,000 gallons of |
|---|
| 3825 | | - | wine in any one of the 3 preceding calendar years, the |
|---|
| 3826 | | - | winery may engage in full−service retail sales at off−site |
|---|
| 3827 | | - | locations identified in the winery permit. Subject to pars. |
|---|
| 3828 | | - | (f) and (g), the number of retail sales locations a winery |
|---|
| 3829 | | - | is allowed in addition to the winery premises is deter- |
|---|
| 3830 | | - | mined by the cumulative volume of wine the winery |
|---|
| 3831 | | - | manufactured or bottled on all winery premises operated |
|---|
| 3832 | | - | by the winery in this state in any one of the 3 preceding |
|---|
| 3833 | | - | calendar years, as follows: |
|---|
| 3834 | | - | 1. If the winery’s cumulative volume in a year was at |
|---|
| 3835 | | - | least 1,000 gallons of wine but less than 5,000 gallons of |
|---|
| 3836 | | - | wine, the winery may establish one full−service retail |
|---|
| 3837 | | - | outlet. |
|---|
| 3838 | | - | 2. If the winery’s cumulative volume in a year was at |
|---|
| 3839 | | - | least 5,000 gallons of wine but less than 25,000 gallons |
|---|
| 3840 | | - | of wine, the winery may establish not more than 2 full− |
|---|
| 3841 | | - | service retail outlets. |
|---|
| 3842 | | - | 3. If the winery’s cumulative volume in a year was at |
|---|
| 3843 | | - | least 25,000 gallons of wine, the winery may establish |
|---|
| 3844 | | - | not more than 3 full−service retail outlets. |
|---|
| 3845 | | - | (c) 1. Except as provided in subd. 2. and par. (f), a |
|---|
| 3846 | | - | winery may make full−service retail sales of alcohol bev- |
|---|
| 3847 | | - | erages on the winery premises and at any of its full−ser- |
|---|
| 3848 | | - | vice retail outlets only if the alcohol beverages were pur- |
|---|
| 3849 | | - | chased by the winery from a wholesaler holding a permit |
|---|
| 3850 | | - | under s. 125.28 or 125.54, from a brewer authorized to |
|---|
| 3851 | | - | make sales to retailers under s. 125.29 (3m), from a brew- |
|---|
| 3852 | | - | pub authorized to make sales to retailers under s. 125.295 |
|---|
| 3853 | | - | (1) (g), or from a permittee under s. 125.30 authorized to |
|---|
| 3854 | | - | make sales to retailers under s. 125.30 (4). |
|---|
| 3855 | | - | 2. A winery is not required to purchase from another |
|---|
| 3856 | | - | permittee wine manufactured or bottled by the winery |
|---|
| 3857 | | - | that the winery sells at retail on the winery premises or at |
|---|
| 3858 | | - | a full−service retail outlet of the winery. |
|---|
| 3859 | | - | 3. Subject to subd. 2. and par. (f), a winery engaged |
|---|
| 3860 | | - | in full−service retail sales on winery premises or at a full− |
|---|
| 3861 | | - | service retail outlet of the winery is subject to ss. 125.33 |
|---|
| 3862 | | - | (9) and 125.69 (6) to the same extent as if the winery were |
|---|
| 3863 | | - | a retail licensee. |
|---|
| 3864 | | - | (d) 1. A winery may not commence sales of alcohol |
|---|
| 3865 | | - | beverages at a full−service retail outlet unless, prior to |
|---|
| 3866 | | - | commencing such sales, the winery receives approval |
|---|
| 3867 | | - | from the municipality in which the full−service retail out- |
|---|
| 3868 | | - | let is located and from the division as provided in par. (g). |
|---|
| 3869 | | - | 2. Subject to par. (f), a municipality may limit the |
|---|
| 3870 | | - | scope of alcohol beverages offered for sale at a full−ser- |
|---|
| 3871 | | - | vice retail outlet only with respect to alcohol beverages |
|---|
| 3872 | | - | that are not of the same type as those produced by the per- |
|---|
| 3873 | | - | son holding the winery permit. A municipality may not − 37 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 3874 | | - | limit the sale, at a full−service retail outlet, of alcohol |
|---|
| 3875 | | - | beverages produced by the person holding the winery |
|---|
| 3876 | | - | permit. If a municipality limits the scope of alcohol bev- |
|---|
| 3877 | | - | erages offered for sale, the provision of taste samples is |
|---|
| 3878 | | - | limited to those alcohol beverages authorized to be sold. |
|---|
| 3879 | | - | 3. Except as provided in subd. 2., a municipality’s |
|---|
| 3880 | | - | approval under subd. 1. shall be based on the same stan- |
|---|
| 3881 | | - | dards and criteria that the municipality has established by |
|---|
| 3882 | | - | ordinance for the evaluation and approval of retail license |
|---|
| 3883 | | - | applications. A municipality may not impose any |
|---|
| 3884 | | - | requirement or restriction in connection with the |
|---|
| 3885 | | - | approval under subd. 1. that the municipality does not |
|---|
| 3886 | | - | impose on retail licensees. |
|---|
| 3887 | | - | (e) 1. A winery may operate a restaurant at any full− |
|---|
| 3888 | | - | service retail outlet under this subsection and on the win- |
|---|
| 3889 | | - | ery premises. |
|---|
| 3890 | | - | 2. If the winery operates a restaurant as provided in |
|---|
| 3891 | | - | subd. 1., the winery may make retail sales of wine in an |
|---|
| 3892 | | - | opened original bottle, in a quantity not to exceed one |
|---|
| 3893 | | - | bottle, for consumption both at the restaurant and away |
|---|
| 3894 | | - | from the restaurant if all of the following apply: |
|---|
| 3895 | | - | a. The purchaser of the wine orders food to be con- |
|---|
| 3896 | | - | sumed at the restaurant. |
|---|
| 3897 | | - | b. The winery provides a dated receipt that identifies |
|---|
| 3898 | | - | the purchase of the food and the bottle of wine. |
|---|
| 3899 | | - | c. Prior to the opened, partially consumed bottle of |
|---|
| 3900 | | - | wine being taken away from the restaurant, the winery |
|---|
| 3901 | | - | securely reinserts the cork into the bottle to the point |
|---|
| 3902 | | - | where the top of the cork is even with the top of the bottle, |
|---|
| 3903 | | - | or securely reattaches the original cap to the bottle, and |
|---|
| 3904 | | - | the cork is reinserted or the cap is reattached at a time |
|---|
| 3905 | | - | other than during the hours in which the winery is prohib- |
|---|
| 3906 | | - | ited under sub. (4) (b) from making retail sales for off− |
|---|
| 3907 | | - | premises consumption. |
|---|
| 3908 | | - | (f) 1. If a winery may establish one or more full−ser- |
|---|
| 3909 | | - | vice retail outlets under pars. (b) and (g) and the winery |
|---|
| 3910 | | - | also holds a manufacturer’s or rectifier’s permit or brew- |
|---|
| 3911 | | - | er’s permit or both and, as such, may establish full−ser- |
|---|
| 3912 | | - | vice retail outlets under s. 125.29 (7) (b) and (g) or 125.52 |
|---|
| 3913 | | - | (4) (b) and (g), the aggregate number of full−service retail |
|---|
| 3914 | | - | outlets that may be established is the maximum number |
|---|
| 3915 | | - | authorized under par. (b), under s. 125.29 (7) (b), or under |
|---|
| 3916 | | - | s. 125.52 (4) (b), whichever is greatest, but not exceeding |
|---|
| 3917 | | - | 3 full−service retail outlets. Under these circumstances, |
|---|
| 3918 | | - | each authorized full−service retail outlet shall serve as |
|---|
| 3919 | | - | the full−service retail outlet associated with each applica- |
|---|
| 3920 | | - | ble permit, regardless of whether the permittee would |
|---|
| 3921 | | - | otherwise be entitled to fewer full−service retail outlets |
|---|
| 3922 | | - | when calculated under par. (b) or s. 125.29 (7) (b) or |
|---|
| 3923 | | - | 125.52 (4) (b). |
|---|
| 3924 | | - | 2. If a winery may engage in full−service retail sales |
|---|
| 3925 | | - | on the winery premises as provided in par. (a) 2. and the |
|---|
| 3926 | | - | winery also holds a brewer’s permit or manufacturer’s or |
|---|
| 3927 | | - | rectifier’s permit or both, the winery may make retail |
|---|
| 3928 | | - | sales on the winery premises of fermented malt bever- |
|---|
| 3929 | | - | ages produced under its brewer’s permit or intoxicating |
|---|
| 3930 | | - | liquor produced under its manufacturer’s or rectifier’s |
|---|
| 3931 | | - | permit without first purchasing the fermented malt bev- |
|---|
| 3932 | | - | erages or intoxicating liquor from a wholesaler holding |
|---|
| 3933 | | - | a permit under s. 125.28 or 125.54 or receiving the fer- |
|---|
| 3934 | | - | mented malt beverages under authorization of s. 125.29 |
|---|
| 3935 | | - | (3m) (b), 125.295 (1) (g), or 125.30 (4). |
|---|
| 3936 | | - | 3. If a person holds more than one winery permit |
|---|
| 3937 | | - | under this section, the retail sales authority under this |
|---|
| 3938 | | - | subsection for winery premises applies with respect to |
|---|
| 3939 | | - | each winery permit, but the limit on full−service retail |
|---|
| 3940 | | - | outlets is an aggregate maximum, regardless of the num- |
|---|
| 3941 | | - | ber of winery permits held. |
|---|
| 3942 | | - | (g) 1. An application for a winery permit, including |
|---|
| 3943 | | - | an application for an amendment to the winery permit, |
|---|
| 3944 | | - | shall specify each full−service retail outlet of the winery |
|---|
| 3945 | | - | and particularly describe the premises of the full−service |
|---|
| 3946 | | - | retail outlet. |
|---|
| 3947 | | - | 2. The division shall establish a process for approval |
|---|
| 3948 | | - | of a winery’s full−service retail outlet and for revocation |
|---|
| 3949 | | - | of this approval. The division shall approve a winery’s |
|---|
| 3950 | | - | full−service retail outlet, and may not revoke this |
|---|
| 3951 | | - | approval, unless the winery has violated a provision of |
|---|
| 3952 | | - | this chapter related to full−service retail outlets. The |
|---|
| 3953 | | - | division’s failure to approve, or revocation of approval |
|---|
| 3954 | | - | of, a full−service retail outlet described in a winery’s |
|---|
| 3955 | | - | application or permit does not affect any other full−ser- |
|---|
| 3956 | | - | vice retail outlet or the winery premises as described in |
|---|
| 3957 | | - | the application or permit. |
|---|
| 3958 | | - | 3. If the division approves a full−service retail outlet, |
|---|
| 3959 | | - | the winery permit, as initially issued or as amended, shall |
|---|
| 3960 | | - | particularly describe the premises constituting the full− |
|---|
| 3961 | | - | service retail outlet, which shall be considered part of the |
|---|
| 3962 | | - | premises under the winery permit. |
|---|
| 3963 | | - | 4. If the division approves a full−service retail outlet, |
|---|
| 3964 | | - | the agent appointed under s. 125.04 (6) for the winery |
|---|
| 3965 | | - | permit shall also serve as the agent for the full−service |
|---|
| 3966 | | - | retail outlet. |
|---|
| 3967 | | - | 5. Section 125.04 (12) (a) does not apply to a win- |
|---|
| 3968 | | - | ery’s full−service retail outlet. Upon notice to the divi- |
|---|
| 3969 | | - | sion, a winery may relocate any full−service retail outlet |
|---|
| 3970 | | - | to a new location within this state once per calendar year, |
|---|
| 3971 | | - | except that one full−service retail outlet of a winery may |
|---|
| 3972 | | - | be relocated without limitation on frequency in each cal- |
|---|
| 3973 | | - | endar year. |
|---|
| 3974 | | - | (4) (a) On winery premises, no person may sell alco- |
|---|
| 3975 | | - | hol beverages at retail for on−premises consumption, |
|---|
| 3976 | | - | provide taste samples of alcohol beverages, or consume |
|---|
| 3977 | | - | alcohol beverages during the closing hours applicable to |
|---|
| 3978 | | - | a Class “B” licensee under s. 125.32 (3) (a). A full−ser- |
|---|
| 3979 | | - | vice retail outlet under sub. (3) shall be subject to the |
|---|
| 3980 | | - | same closing hours applicable to a Class “B” licensee |
|---|
| 3981 | | - | under s. 125.32 (3) (a). |
|---|
| 3982 | | - | (b) On winery premises and at a full−service retail |
|---|
| 3983 | | - | outlet, no person may sell alcohol beverages at retail for |
|---|
| 3984 | | - | off−premises consumption during the hours in which a |
|---|
| 3985 | | - | Class “B” licensee in the municipality where the winery − 38 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 3986 | | - | or retail outlet is located may not make retail sales under |
|---|
| 3987 | | - | s. 125.32 (3) (am) and (d). |
|---|
| 3988 | | - | (c) No member of the public or invited guests may be |
|---|
| 3989 | | - | present on winery premises during the closing hours |
|---|
| 3990 | | - | applicable to a Class “B” licensee under s. 125.32 (3) (a). |
|---|
| 3991 | | - | (d) Activities authorized under a winery permit |
|---|
| 3992 | | - | related to the production, shipment, transportation, or |
|---|
| 3993 | | - | delivery of alcohol beverages may occur at any time. |
|---|
| 3994 | | - | SECTION 26fv. 125.535 (1) of the statutes is amended |
|---|
| 3995 | | - | to read: |
|---|
| 3996 | | - | 125.535 (1) AUTHORIZED ACTIVITIES. The department |
|---|
| 3997 | | - | division shall issue direct wine shippers’ permits autho- |
|---|
| 3998 | | - | rizing the permittee to ship wine manufactured or bottled |
|---|
| 3999 | | - | by the permittee directly to an individual in this state who |
|---|
| 4000 | | - | is of the legal drinking age, who acknowledges receipt of |
|---|
| 4001 | | - | the wine shipped, and who is not intoxicated at the time |
|---|
| 4002 | | - | of delivery. |
|---|
| 4003 | | - | SECTION 26fw. 125.535 (2) of the statutes is amended |
|---|
| 4004 | | - | to read: |
|---|
| 4005 | | - | 125.535 (2) ANNUAL PERMIT FEE. The department |
|---|
| 4006 | | - | division may, by rule, establish an annual fee, not to |
|---|
| 4007 | | - | exceed $100, for each permit issued under this section. |
|---|
| 4008 | | - | All fees collected under this subsection shall be credited |
|---|
| 4009 | | - | to the appropriation account under s. 20.566 (1) (ha). |
|---|
| 4010 | | - | SECTION 26fx. 125.535 (3) (b) 2. of the statutes is |
|---|
| 4011 | | - | amended to read: |
|---|
| 4012 | | - | 125.535 (3) (b) 2. The winery submits to the depart- |
|---|
| 4013 | | - | ment division, with any initial application or renewal for |
|---|
| 4014 | | - | a certificate under s. 73.03 (50) or a permit under par. (a) |
|---|
| 4015 | | - | 3. or 4., a copy of any current license, permit, or authori- |
|---|
| 4016 | | - | zation issued to the winery by the state from which the |
|---|
| 4017 | | - | winery will ship wine into this state or the winery’s fed- |
|---|
| 4018 | | - | eral basic permit. |
|---|
| 4019 | | - | SECTION 26fy. 125.535 (3) (b) 3. of the statutes is cre- |
|---|
| 4020 | | - | ated to read: |
|---|
| 4021 | | - | 125.535 (3) (b) 3. The winery satisfies all require- |
|---|
| 4022 | | - | ments under par. (d). |
|---|
| 4023 | | - | SECTION 26fz. 125.535 (3) (c) of the statutes is |
|---|
| 4024 | | - | amended to read: |
|---|
| 4025 | | - | 125.535 (3) (c) Notwithstanding s. 125.04 (5) (a), |
|---|
| 4026 | | - | natural persons obtaining direct wine shippers’ permits |
|---|
| 4027 | | - | are not required to be residents of this state. Notwith- |
|---|
| 4028 | | - | standing s. 125.04 (5) (a) 5., a person is not required to |
|---|
| 4029 | | - | complete a responsible beverage server training course to |
|---|
| 4030 | | - | be eligible for a permit under this section. Corporations |
|---|
| 4031 | | - | and limited liability companies obtaining direct wine |
|---|
| 4032 | | - | shippers’ permits are subject to s. 125.04 (6) and any |
|---|
| 4033 | | - | other person, including any natural person or coopera- |
|---|
| 4034 | | - | tive, obtaining a direct wine shipper’s permit shall |
|---|
| 4035 | | - | appoint an agent, and be subject to all provisions of s. |
|---|
| 4036 | | - | 125.04 (6), in the same manner applicable to corporations |
|---|
| 4037 | | - | and limited liability companies. Notwithstanding s. |
|---|
| 4038 | | - | 125.04 (5) (a) 2. and (c), an agent appointed under s. |
|---|
| 4039 | | - | 125.04 (6) by a corporation or limited liability company |
|---|
| 4040 | | - | obtaining a direct wine shipper’s permit is not required to |
|---|
| 4041 | | - | be a resident of this state. |
|---|
| 4042 | | - | SECTION 26gb. 125.535 (3) (d) and (e) of the statutes |
|---|
| 4043 | | - | are created to read: |
|---|
| 4044 | | - | 125.535 (3) (d) 1. Unless the permittee or agent of the |
|---|
| 4045 | | - | permittee appointed under s. 125.04 (6) is a resident of |
|---|
| 4046 | | - | this state, or unless the permittee maintains a registered |
|---|
| 4047 | | - | agent in this state under s. 180.0501, 180.1507, |
|---|
| 4048 | | - | 183.0105, or 183.1007, a permittee under this section |
|---|
| 4049 | | - | shall appoint and continually engage the services of an |
|---|
| 4050 | | - | agent in this state to act as agent for the service of process |
|---|
| 4051 | | - | on whom all processes, and any action or proceeding |
|---|
| 4052 | | - | against the permittee concerning or arising out of the |
|---|
| 4053 | | - | enforcement of any provision of this chapter or ch. 139, |
|---|
| 4054 | | - | may be served in any manner authorized by law. That ser- |
|---|
| 4055 | | - | vice shall constitute legal and valid service of process on |
|---|
| 4056 | | - | the permittee. The permittee shall provide to the divi- |
|---|
| 4057 | | - | sion, in the form and manner prescribed by the division, |
|---|
| 4058 | | - | the name, address, phone number, and proof of the |
|---|
| 4059 | | - | appointment and availability of the agent. |
|---|
| 4060 | | - | 2. The permittee shall provide notice to the division |
|---|
| 4061 | | - | 30 calendar days before termination of the authority of an |
|---|
| 4062 | | - | agent under subd. 1. and shall provide proof to the satis- |
|---|
| 4063 | | - | faction of the division of the appointment of a new agent |
|---|
| 4064 | | - | no less than 5 calendar days before the termination of an |
|---|
| 4065 | | - | existing agent appointment. In the event an agent termi- |
|---|
| 4066 | | - | nates an agency appointment, the permittee shall notify |
|---|
| 4067 | | - | the division of that termination within 5 calendar days |
|---|
| 4068 | | - | and shall include proof to the satisfaction of the division |
|---|
| 4069 | | - | of the appointment of a new agent. |
|---|
| 4070 | | - | 3. If a permittee fails to maintain an agent in this state |
|---|
| 4071 | | - | after a permit is issued under this section, the permittee |
|---|
| 4072 | | - | is considered to have appointed the department of finan- |
|---|
| 4073 | | - | cial institutions as the permittee’s agent, and the permit- |
|---|
| 4074 | | - | tee may be proceeded against in courts of this state by ser- |
|---|
| 4075 | | - | vice of process upon the department of financial |
|---|
| 4076 | | - | institutions. |
|---|
| 4077 | | - | (e) The application for a permit under this section |
|---|
| 4078 | | - | shall include a provision that the permittee agrees to do |
|---|
| 4079 | | - | all of the following: |
|---|
| 4080 | | - | 1. File reports, provide records, and allow inspec- |
|---|
| 4081 | | - | tions and examinations to the extent provided in s. |
|---|
| 4082 | | - | 125.025 and ch. 139. |
|---|
| 4083 | | - | 2. Pay the expenses reasonably attributable to inspec- |
|---|
| 4084 | | - | tions and examinations made by the division at any |
|---|
| 4085 | | - | premises of the permittee located outside this state. |
|---|
| 4086 | | - | 3. Accept service of process and consent to jurisdic- |
|---|
| 4087 | | - | tion in any proceeding in this state to enforce the provi- |
|---|
| 4088 | | - | sions of this chapter or ch. 139. |
|---|
| 4089 | | - | SECTION 26gc. 125.535 (7) of the statutes is created |
|---|
| 4090 | | - | to read: |
|---|
| 4091 | | - | 125.535 (7) SHIPMENTS THROUGH FULFILLMENT |
|---|
| 4092 | | - | HOUSE; COMMON CARRIERS. (a) A permittee under this |
|---|
| 4093 | | - | section may arrange with a fulfillment house to ship wine − 39 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 4094 | | - | on the permittee’s behalf only if the fulfillment house |
|---|
| 4095 | | - | holds a permit under s. 125.23. |
|---|
| 4096 | | - | (b) All containers of wine shipped directly to an indi- |
|---|
| 4097 | | - | vidual in this state shall be shipped using a common car- |
|---|
| 4098 | | - | rier holding a permit issued under s. 125.22. |
|---|
| 4099 | | - | SECTION 26gd. 125.54 (1) of the statutes is amended |
|---|
| 4100 | | - | to read: |
|---|
| 4101 | | - | 125.54 (1) AUTHORIZED ACTIVITIES. The department |
|---|
| 4102 | | - | division shall issue wholesalers’ permits authorizing the |
|---|
| 4103 | | - | permittee to sell, from the premises described in the per- |
|---|
| 4104 | | - | mit, intoxicating liquor at wholesale to retailers and |
|---|
| 4105 | | - | wholesalers, as well as to manufacturers, rectifiers, and |
|---|
| 4106 | | - | wineries for production purposes. The permittee may not |
|---|
| 4107 | | - | sell intoxicating liquor for consumption on the premises. |
|---|
| 4108 | | - | Possession of a permit under this section does not autho- |
|---|
| 4109 | | - | rize the permittee to sell tax−free intoxicating liquor and |
|---|
| 4110 | | - | wine brought into this state under s. 139.03 (5). |
|---|
| 4111 | | - | SECTION 26ge. 125.54 (3) of the statutes is amended |
|---|
| 4112 | | - | to read: |
|---|
| 4113 | | - | 125.54 (3) TASTE SAMPLES ON “CLASS A” RETAIL |
|---|
| 4114 | | - | PREMISES. Wholesalers holding a permit issued under this |
|---|
| 4115 | | - | section, employees of such wholesalers, and individuals |
|---|
| 4116 | | - | representing such wholesalers may not assist or partici- |
|---|
| 4117 | | - | pate in providing taste samples under s. 125.06 (13) (a) |
|---|
| 4118 | | - | or 125.51 (2) (am) or 125.69 (9). |
|---|
| 4119 | | - | SECTION 26gf. 125.54 (5) of the statutes is amended |
|---|
| 4120 | | - | to read: |
|---|
| 4121 | | - | 125.54 (5) SALES AREA. No wholesaler may sell any |
|---|
| 4122 | | - | intoxicating liquor before filing with the department |
|---|
| 4123 | | - | division a written statement that the permittee is a distrib- |
|---|
| 4124 | | - | utor of a particular brand in this state, or an area of this |
|---|
| 4125 | | - | state, and that the sales of that brand by the permittee and |
|---|
| 4126 | | - | anyone purchasing from the permittee will be limited to |
|---|
| 4127 | | - | the area specified. The permittee shall notify the depart- |
|---|
| 4128 | | - | ment division of any change in the area within 7 days of |
|---|
| 4129 | | - | the effective date of the change. |
|---|
| 4130 | | - | SECTION 26gg. 125.54 (6) of the statutes is amended |
|---|
| 4131 | | - | to read: |
|---|
| 4132 | | - | 125.54 (6) MULTIPLE PERMITS. Not more than 2 Mul- |
|---|
| 4133 | | - | tiple wholesalers’ permits may be issued to any one per- |
|---|
| 4134 | | - | son. In each application for a wholesaler’s permit, the |
|---|
| 4135 | | - | applicant shall state that whether application has not been |
|---|
| 4136 | | - | made for more than one any other wholesaler’s permit |
|---|
| 4137 | | - | and shall identify any other wholesaler’s permit held by |
|---|
| 4138 | | - | the applicant. |
|---|
| 4139 | | - | SECTION 26gh. 125.54 (7) (a) 2. of the statutes is |
|---|
| 4140 | | - | amended to read: |
|---|
| 4141 | | - | 125.54 (7) (a) 2. A permittee under this section shall |
|---|
| 4142 | | - | annually sell and deliver intoxicating liquor to at least 10 |
|---|
| 4143 | | - | retail licensees or permittees that do not have any direct |
|---|
| 4144 | | - | or indirect an interest in each other or in the permittee |
|---|
| 4145 | | - | under this section. The department division shall not |
|---|
| 4146 | | - | issue a permit under this section unless the applicant rep- |
|---|
| 4147 | | - | resents to the department division an intention to satisfy |
|---|
| 4148 | | - | this requirement, and shall not renew a permit issued |
|---|
| 4149 | | - | under this section unless the permittee demonstrates that |
|---|
| 4150 | | - | this requirement has been satisfied. |
|---|
| 4151 | | - | SECTION 26gi. 125.54 (7) (c) 3. of the statutes is |
|---|
| 4152 | | - | amended to read: |
|---|
| 4153 | | - | 125.54 (7) (c) 3. This paragraph shall not affect the |
|---|
| 4154 | | - | authority of any municipality or the department division |
|---|
| 4155 | | - | to revoke, suspend, or refuse to renew or issue a license |
|---|
| 4156 | | - | or permit under s. 125.12. |
|---|
| 4157 | | - | SECTION 26gj. 125.54 (7) (d) of the statutes is |
|---|
| 4158 | | - | amended to read: |
|---|
| 4159 | | - | 125.54 (7) (d) The department division shall promul- |
|---|
| 4160 | | - | gate rules to administer and enforce the requirements |
|---|
| 4161 | | - | under this subsection. The rules shall ensure coordina- |
|---|
| 4162 | | - | tion between the department’s division’s issuance and |
|---|
| 4163 | | - | renewal of permits under this section and its enforcement |
|---|
| 4164 | | - | of the requirements of this subsection, and shall require |
|---|
| 4165 | | - | that all applications for issuance or renewal of permits |
|---|
| 4166 | | - | under this section be processed by department division |
|---|
| 4167 | | - | personnel generally familiar with activities of intoxicat- |
|---|
| 4168 | | - | ing liquor wholesalers. The department division shall |
|---|
| 4169 | | - | establish by rule minimum requirements for warehouse |
|---|
| 4170 | | - | facilities on premises described in permits issued under |
|---|
| 4171 | | - | this section and for periodic site inspections by the |
|---|
| 4172 | | - | department division of such warehouse facilities. |
|---|
| 4173 | | - | SECTION 26gk. 125.545 (title) of the statutes is |
|---|
| 4174 | | - | amended to read: |
|---|
| 4175 | | - | 125.545 (title) Small winery cooperative whole- |
|---|
| 4176 | | - | salers. |
|---|
| 4177 | | - | SECTION 26gm. 125.545 (1) (a) of the statutes is |
|---|
| 4178 | | - | amended to read: |
|---|
| 4179 | | - | 125.545 (1) (a) “Member” means a small winery or |
|---|
| 4180 | | - | small manufacturer that meets the requirements estab- |
|---|
| 4181 | | - | lished under this section for membership in a cooperative |
|---|
| 4182 | | - | wholesaler and that has been qualified and accepted for |
|---|
| 4183 | | - | membership in a cooperative wholesaler. |
|---|
| 4184 | | - | SECTION 26gn. 125.545 (1) (ar) of the statutes is cre- |
|---|
| 4185 | | - | ated to read: |
|---|
| 4186 | | - | 125.545 (1) (ar) “Out−of−state manufacturer” means |
|---|
| 4187 | | - | a manufacturer or rectifier of intoxicating liquor that is |
|---|
| 4188 | | - | located in a state other than this state. |
|---|
| 4189 | | - | SECTION 26go. 125.545 (1) (cm) of the statutes is cre- |
|---|
| 4190 | | - | ated to read: |
|---|
| 4191 | | - | 125.545 (1) (cm) “Small manufacturer” means any |
|---|
| 4192 | | - | manufacturer or rectifier that produces and bottles less |
|---|
| 4193 | | - | than 50,000 gallons of intoxicating liquor other than wine |
|---|
| 4194 | | - | in a calendar year. |
|---|
| 4195 | | - | SECTION 26gp. 125.545 (1) (d) of the statutes is |
|---|
| 4196 | | - | amended to read: |
|---|
| 4197 | | - | 125.545 (1) (d) “Small winery” means any winery |
|---|
| 4198 | | - | that produces and bottles less than 25,000 50,000 gallons |
|---|
| 4199 | | - | of wine in a calendar year. |
|---|
| 4200 | | - | SECTION 26gq. 125.545 (1) (e) of the statutes is |
|---|
| 4201 | | - | amended to read: − 40 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 4202 | | - | 125.545 (1) (e) “Small winery cooperative whole- |
|---|
| 4203 | | - | saler” or “cooperative wholesaler” means an entity estab- |
|---|
| 4204 | | - | lished under this section. |
|---|
| 4205 | | - | SECTION 26gr. 125.545 (1) (em) of the statutes is cre- |
|---|
| 4206 | | - | ated to read: |
|---|
| 4207 | | - | 125.545 (1) (em) “Wisconsin manufacturer” means |
|---|
| 4208 | | - | a manufacturer or rectifier operating under a permit |
|---|
| 4209 | | - | issued under s. 125.52. |
|---|
| 4210 | | - | SECTION 26gs. 125.545 (2) (a) 1. of the statutes is |
|---|
| 4211 | | - | amended to read: |
|---|
| 4212 | | - | 125.545 (2) (a) 1. A cooperative wholesaler may only |
|---|
| 4213 | | - | be created as provided under s. 185.043 (2) and this sec- |
|---|
| 4214 | | - | tion. Each cooperative wholesaler operating under |
|---|
| 4215 | | - | authority of this section shall be organized under ch. 185 |
|---|
| 4216 | | - | but shall be subject to the limitations on such coopera- |
|---|
| 4217 | | - | tives imposed by this section. Subject to subd. subds. 3. |
|---|
| 4218 | | - | and 4., only small wineries and small manufacturers may |
|---|
| 4219 | | - | be members of a cooperative wholesaler. The principal |
|---|
| 4220 | | - | purpose of a cooperative wholesaler shall be to sell and |
|---|
| 4221 | | - | distribute wine intoxicating liquor manufactured, |
|---|
| 4222 | | - | blended, or mixed, and also bottled, by its members. |
|---|
| 4223 | | - | SECTION 26gt. 125.545 (2) (a) 3. b. of the statutes is |
|---|
| 4224 | | - | amended to read: |
|---|
| 4225 | | - | 125.545 (2) (a) 3. b. The small winery is certified by |
|---|
| 4226 | | - | the department division under sub. (6) (a) as a small win- |
|---|
| 4227 | | - | ery. |
|---|
| 4228 | | - | SECTION 26gu. 125.545 (2) (a) 4. of the statutes is |
|---|
| 4229 | | - | created to read: |
|---|
| 4230 | | - | 125.545 (2) (a) 4. A small manufacturer may become |
|---|
| 4231 | | - | a member of a cooperative wholesaler only if the small |
|---|
| 4232 | | - | manufacturer is certified by the division under sub. (6) (a) |
|---|
| 4233 | | - | as a small manufacturer. |
|---|
| 4234 | | - | SECTION 26gv. 125.545 (2) (b) of the statutes is |
|---|
| 4235 | | - | amended to read: |
|---|
| 4236 | | - | 125.545 (2) (b) In addition to the requirements speci- |
|---|
| 4237 | | - | fied in s. 185.31 for the board of directors of a cooperative |
|---|
| 4238 | | - | wholesaler, a director representing a member that is a |
|---|
| 4239 | | - | Wisconsin winery or Wisconsin manufacturer shall be |
|---|
| 4240 | | - | either an owner or an employee of that Wisconsin winery |
|---|
| 4241 | | - | or Wisconsin manufacturer. If any out−of−state winery |
|---|
| 4242 | | - | or out−of−state manufacturer is a member of the coopera- |
|---|
| 4243 | | - | tive wholesaler, at least one director shall be either an |
|---|
| 4244 | | - | owner or an employee of an out−of−state winery or out− |
|---|
| 4245 | | - | of−state manufacturer that is a member of the cooperative |
|---|
| 4246 | | - | wholesaler. |
|---|
| 4247 | | - | SECTION 26gw. 125.545 (2) (c) of the statutes is |
|---|
| 4248 | | - | amended to read: |
|---|
| 4249 | | - | 125.545 (2) (c) Notwithstanding any provision of ch. |
|---|
| 4250 | | - | 185, a cooperative wholesaler may not employ any |
|---|
| 4251 | | - | owner or employee of a member. However, an individual |
|---|
| 4252 | | - | that is an owner or an employee of a member may act as |
|---|
| 4253 | | - | a volunteer to assist that cooperative wholesaler in the |
|---|
| 4254 | | - | sale and distribution of wine intoxicating liquor to retail- |
|---|
| 4255 | | - | ers and other wholesalers in the manner authorized under |
|---|
| 4256 | | - | this section. |
|---|
| 4257 | | - | SECTION 26gx. 125.545 (3) (a) 1. of the statutes is |
|---|
| 4258 | | - | amended to read: |
|---|
| 4259 | | - | 125.545 (3) (a) 1. Within 7 days after filing its articles |
|---|
| 4260 | | - | of incorporation under ch. 185, a cooperative wholesaler |
|---|
| 4261 | | - | shall apply to the department division for a wholesaler’s |
|---|
| 4262 | | - | permit under s. 125.54. The provisions of s. 125.04 (5) |
|---|
| 4263 | | - | (c) and (6) shall apply to a cooperative wholesaler as if |
|---|
| 4264 | | - | the cooperative wholesaler were a corporation or a lim- |
|---|
| 4265 | | - | ited liability company and, for each of these provisions, |
|---|
| 4266 | | - | the department division shall determine whether the |
|---|
| 4267 | | - | cooperative wholesaler is most similar to a corporation or |
|---|
| 4268 | | - | a limited liability company in the context of that provi- |
|---|
| 4269 | | - | sion and apply that provision to the cooperative whole- |
|---|
| 4270 | | - | saler accordingly. |
|---|
| 4271 | | - | SECTION 26hb. 125.545 (3) (a) 2. of the statutes is |
|---|
| 4272 | | - | amended to read: |
|---|
| 4273 | | - | 125.545 (3) (a) 2. Notwithstanding s. 125.54 (6), the |
|---|
| 4274 | | - | department division may issue not more than one whole- |
|---|
| 4275 | | - | saler’s permit to any cooperative wholesaler. The depart- |
|---|
| 4276 | | - | ment division may not issue more than a total of 6 whole- |
|---|
| 4277 | | - | salers’ permits to cooperative wholesalers in this state. |
|---|
| 4278 | | - | The department division may not issue any new whole- |
|---|
| 4279 | | - | saler’s permit to a cooperative wholesaler after Decem- |
|---|
| 4280 | | - | ber 31, 2008, but may renew wholesalers’ permits that |
|---|
| 4281 | | - | were initially issued to cooperative wholesalers prior to |
|---|
| 4282 | | - | that date. |
|---|
| 4283 | | - | SECTION 26hc. 125.545 (3) (a) 2. of the statutes, as |
|---|
| 4284 | | - | affected by 2023 Wisconsin Act .... (this act), is amended |
|---|
| 4285 | | - | to read: |
|---|
| 4286 | | - | 125.545 (3) (a) 2. Notwithstanding s. 125.54 (6), the |
|---|
| 4287 | | - | division may issue not more than one wholesaler’s permit |
|---|
| 4288 | | - | to any cooperative wholesaler. The division may not |
|---|
| 4289 | | - | issue more than a total of 6 wholesalers’ permits to coop- |
|---|
| 4290 | | - | erative wholesalers in this state. The Except as provided |
|---|
| 4291 | | - | in subd. 2m., the division may not issue any new whole- |
|---|
| 4292 | | - | saler’s permit to a cooperative wholesaler after Decem- |
|---|
| 4293 | | - | ber 31, 2008, but may renew wholesalers’ permits that |
|---|
| 4294 | | - | were initially issued to cooperative wholesalers prior to |
|---|
| 4295 | | - | that date. |
|---|
| 4296 | | - | SECTION 26hd. 125.545 (3) (a) 2m. of the statutes is |
|---|
| 4297 | | - | created to read: |
|---|
| 4298 | | - | 125.545 (3) (a) 2m. The division may issue new |
|---|
| 4299 | | - | wholesalers’ permits to cooperative wholesalers after the |
|---|
| 4300 | | - | effective date of this subdivision .... [LRB inserts date], |
|---|
| 4301 | | - | but not later than the first day of the 7th month beginning |
|---|
| 4302 | | - | after the effective date of this subdivision .... [LRB inserts |
|---|
| 4303 | | - | date], and may renew wholesalers’ permits that were ini- |
|---|
| 4304 | | - | tially issued to cooperative wholesalers during this |
|---|
| 4305 | | - | period. The division may not issue new wholesalers’ per- |
|---|
| 4306 | | - | mits under this subdivision that cause the total number of |
|---|
| 4307 | | - | wholesalers’ permits issued to cooperative wholesalers |
|---|
| 4308 | | - | in this state to exceed 6. |
|---|
| 4309 | | - | SECTION 26he. 125.545 (3) (b) of the statutes is |
|---|
| 4310 | | - | amended to read: − 41 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 4311 | | - | 125.545 (3) (b) 1. Notwithstanding s. 125.54 (1), and |
|---|
| 4312 | | - | except as provided in subd. 3., a cooperative wholesaler |
|---|
| 4313 | | - | issued a wholesaler’s permit under par. (a) is authorized |
|---|
| 4314 | | - | to sell and distribute only wine intoxicating liquor. |
|---|
| 4315 | | - | Except as provided in subd. 3., a cooperative wholesaler |
|---|
| 4316 | | - | may not sell or distribute any alcohol beverages, or any |
|---|
| 4317 | | - | other product, except wine intoxicating liquor. |
|---|
| 4318 | | - | 2. A cooperative wholesaler shall purchase on con- |
|---|
| 4319 | | - | signment wine intoxicating liquor from its members to be |
|---|
| 4320 | | - | resold to retailers and other wholesalers. Notwithstand- |
|---|
| 4321 | | - | ing s. 125.69 (5), a cooperative wholesaler may not pur- |
|---|
| 4322 | | - | chase wine intoxicating liquor from any person other |
|---|
| 4323 | | - | than a member. A cooperative wholesaler may not resell |
|---|
| 4324 | | - | or distribute wine intoxicating liquor unless it has been |
|---|
| 4325 | | - | purchased on consignment from a member. Notwith- |
|---|
| 4326 | | - | standing s. 125.54 (1), a cooperative wholesaler may not |
|---|
| 4327 | | - | sell or distribute wine intoxicating liquor except to a |
|---|
| 4328 | | - | retailer or to a wholesaler holding a permit under s. |
|---|
| 4329 | | - | 125.54. |
|---|
| 4330 | | - | 3. A cooperative wholesaler may purchase ancillary |
|---|
| 4331 | | - | wine industry trade goods such as bottles, corks, and |
|---|
| 4332 | | - | other supplies used by wineries or manufacturers in the |
|---|
| 4333 | | - | bottling and sale of wine intoxicating liquor if such trade |
|---|
| 4334 | | - | goods do not include any alcohol beverages. Any wine |
|---|
| 4335 | | - | industry trade goods purchased by a cooperative whole- |
|---|
| 4336 | | - | saler under this subdivision may be offered for resale to |
|---|
| 4337 | | - | the cooperative wholesaler’s members or to any winery |
|---|
| 4338 | | - | or manufacturer that was formerly a member of the coop- |
|---|
| 4339 | | - | erative wholesaler. |
|---|
| 4340 | | - | 4. A cooperative wholesaler shall work with all of its |
|---|
| 4341 | | - | members on evenhanded terms. Any preferential treat- |
|---|
| 4342 | | - | ment by a cooperative wholesaler for the benefit of a |
|---|
| 4343 | | - | member that is a Wisconsin winery or Wisconsin manu- |
|---|
| 4344 | | - | facturer, and any discrimination against a member that is |
|---|
| 4345 | | - | an out−of−state winery or out−of−state manufacturer, is |
|---|
| 4346 | | - | prohibited. |
|---|
| 4347 | | - | SECTION 26hf. 125.545 (3) (c) of the statutes is |
|---|
| 4348 | | - | amended to read: |
|---|
| 4349 | | - | 125.545 (3) (c) Neither a cooperative wholesaler nor |
|---|
| 4350 | | - | its members are subject to any restriction on dealings |
|---|
| 4351 | | - | under s. 125.69 (1) between wholesalers and wineries or |
|---|
| 4352 | | - | manufacturers. Except as provided in s. 125.54 (7) (e) |
|---|
| 4353 | | - | and as otherwise provided in this section, all provisions |
|---|
| 4354 | | - | of this chapter and ch. 139 that apply to a wholesaler |
|---|
| 4355 | | - | issued a permit under s. 125.54 also apply to a coopera- |
|---|
| 4356 | | - | tive wholesaler issued a permit under s. 125.54. |
|---|
| 4357 | | - | SECTION 26hg. 125.545 (4) of the statutes is |
|---|
| 4358 | | - | amended to read: |
|---|
| 4359 | | - | 125.545 (4) EXCLUSIVE DISTRIBUTION. A member of |
|---|
| 4360 | | - | a cooperative wholesaler may make its wine intoxicating |
|---|
| 4361 | | - | liquor available for purchase by a retailer or another |
|---|
| 4362 | | - | wholesaler only through the cooperative wholesaler of |
|---|
| 4363 | | - | which it is a member. A member of a cooperative whole- |
|---|
| 4364 | | - | saler may not sell its wine intoxicating liquor directly to |
|---|
| 4365 | | - | any other wholesaler or directly to a retailer. |
|---|
| 4366 | | - | SECTION 26hi. 125.545 (5) of the statutes is amended |
|---|
| 4367 | | - | to read: |
|---|
| 4368 | | - | 125.545 (5) BIENNIAL REPORTS. With each applica- |
|---|
| 4369 | | - | tion for renewal of a wholesaler’s permit issued to a coop- |
|---|
| 4370 | | - | erative wholesaler, each cooperative wholesaler shall file |
|---|
| 4371 | | - | with the department division, in the form and manner pre- |
|---|
| 4372 | | - | scribed by the department division by rule, a biennial |
|---|
| 4373 | | - | report that includes detailed information on its members, |
|---|
| 4374 | | - | board of directors, and sale and distribution activities. |
|---|
| 4375 | | - | SECTION 26hj. 125.545 (6) (title) and (a) 1. and 2. of |
|---|
| 4376 | | - | the statutes are amended to read: |
|---|
| 4377 | | - | 125.545 (6) (title) DEPARTMENT DIVISION CERTIFICA- |
|---|
| 4378 | | - | TION AND RULE MAKING. |
|---|
| 4379 | | - | (a) 1. The department division shall, upon applica- |
|---|
| 4380 | | - | tion, certify eligible applicants as small wineries and |
|---|
| 4381 | | - | renew prior certifications of eligible applicants as small |
|---|
| 4382 | | - | wineries. |
|---|
| 4383 | | - | 2. Any winery seeking to become a member of, or to |
|---|
| 4384 | | - | maintain its membership in, a cooperative wholesaler |
|---|
| 4385 | | - | may apply to the department division for certification as |
|---|
| 4386 | | - | a small winery. If the winery meets the definition of a |
|---|
| 4387 | | - | small winery under this section, satisfies the requirement |
|---|
| 4388 | | - | under sub. (2) (a) 3. a., and submits any other information |
|---|
| 4389 | | - | that the department division determines is necessary to |
|---|
| 4390 | | - | certify that the winery is operating as a small winery and |
|---|
| 4391 | | - | is eligible for membership in a cooperative wholesaler, |
|---|
| 4392 | | - | the department division shall certify the winery as a small |
|---|
| 4393 | | - | winery. This certification shall remain valid for one year. |
|---|
| 4394 | | - | SECTION 26hk. 125.545 (6) (a) 1. of the statutes, as |
|---|
| 4395 | | - | affected by 2023 Wisconsin Act .... (this act), is amended |
|---|
| 4396 | | - | to read: |
|---|
| 4397 | | - | 125.545 (6) (a) 1. The division shall, upon applica- |
|---|
| 4398 | | - | tion, certify eligible applicants as small wineries or small |
|---|
| 4399 | | - | manufacturers and renew prior certifications of eligible |
|---|
| 4400 | | - | applicants as small wineries or small manufacturers. |
|---|
| 4401 | | - | SECTION 26hm. 125.545 (6) (a) 2m. of the statutes is |
|---|
| 4402 | | - | created to read: |
|---|
| 4403 | | - | 125.545 (6) (a) 2m. Any manufacturer seeking to |
|---|
| 4404 | | - | become a member of, or to maintain its membership in, |
|---|
| 4405 | | - | a cooperative wholesaler may apply to the division for |
|---|
| 4406 | | - | certification as a small manufacturer. If the manufacturer |
|---|
| 4407 | | - | meets the definition of a small manufacturer under this |
|---|
| 4408 | | - | section and submits any other information that the divi- |
|---|
| 4409 | | - | sion determines is necessary to certify that the manufac- |
|---|
| 4410 | | - | turer is operating as a small manufacturer and is eligible |
|---|
| 4411 | | - | for membership in a cooperative wholesaler, the division |
|---|
| 4412 | | - | shall certify the manufacturer as a small manufacturer. |
|---|
| 4413 | | - | This certification shall remain valid for one year. |
|---|
| 4414 | | - | SECTION 26hn. 125.545 (6) (a) 3. of the statutes is |
|---|
| 4415 | | - | amended to read: |
|---|
| 4416 | | - | 125.545 (6) (a) 3. In certifying any winery under |
|---|
| 4417 | | - | subd. 2., the department division shall classify the winery |
|---|
| 4418 | | - | as either a Wisconsin winery or an out−of−state winery. |
|---|
| 4419 | | - | SECTION 26ho. 125.545 (6) (a) 3m. of the statutes is |
|---|
| 4420 | | - | created to read: − 42 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 4421 | | - | 125.545 (6) (a) 3m. In certifying any manufacturer |
|---|
| 4422 | | - | under subd. 2m., the division shall classify the manufac- |
|---|
| 4423 | | - | turer as either a Wisconsin manufacturer or an out−of− |
|---|
| 4424 | | - | state manufacturer. |
|---|
| 4425 | | - | SECTION 26hp. 125.545 (6) (a) 4. of the statutes is |
|---|
| 4426 | | - | amended to read: |
|---|
| 4427 | | - | 125.545 (6) (a) 4. The department division shall |
|---|
| 4428 | | - | refuse to certify under this paragraph any winery that |
|---|
| 4429 | | - | cannot demonstrate it holds all necessary permits for its |
|---|
| 4430 | | - | operations or that the department division finds is other- |
|---|
| 4431 | | - | wise not in full compliance with the laws of this state. |
|---|
| 4432 | | - | SECTION 26hq. 125.545 (6) (a) 4. of the statutes, as |
|---|
| 4433 | | - | affected by 2023 Wisconsin Act .... (this act), is amended |
|---|
| 4434 | | - | to read: |
|---|
| 4435 | | - | 125.545 (6) (a) 4. The division shall refuse to certify |
|---|
| 4436 | | - | under this paragraph any winery or manufacturer that |
|---|
| 4437 | | - | cannot demonstrate it holds all necessary permits for its |
|---|
| 4438 | | - | operations or that the division finds is otherwise not in |
|---|
| 4439 | | - | full compliance with the laws of this state. |
|---|
| 4440 | | - | SECTION 26hr. 125.545 (6) (b) of the statutes is |
|---|
| 4441 | | - | amended to read: |
|---|
| 4442 | | - | 125.545 (6) (b) The department division shall pro- |
|---|
| 4443 | | - | mulgate rules to administer and enforce the requirements |
|---|
| 4444 | | - | under this section. |
|---|
| 4445 | | - | SECTION 26hs. 125.545 (7) of the statutes is amended |
|---|
| 4446 | | - | to read: |
|---|
| 4447 | | - | 125.545 (7) PENALTIES. (a) Any winery that sells or |
|---|
| 4448 | | - | distributes its wine directly to a retailer, rather than |
|---|
| 4449 | | - | through a wholesaler or cooperative wholesaler, is sub- |
|---|
| 4450 | | - | ject to a fine of not more than $10,000 and revocation of |
|---|
| 4451 | | - | all of its permits by the department division under s. |
|---|
| 4452 | | - | 125.12 (5). |
|---|
| 4453 | | - | (b) Any cooperative wholesaler that provides prefer- |
|---|
| 4454 | | - | ential treatment to a Wisconsin winery or discriminates |
|---|
| 4455 | | - | against an out−of−state winery is subject to a fine of not |
|---|
| 4456 | | - | more than $10,000 and revocation of its wholesaler’s per- |
|---|
| 4457 | | - | mit by the department division under s. 125.12 (5). |
|---|
| 4458 | | - | SECTION 26ht. 125.545 (7) of the statutes, as affected |
|---|
| 4459 | | - | by 2023 Wisconsin Act .... (this act), is amended to read: |
|---|
| 4460 | | - | 125.545 (7) PENALTIES. (a) Any winery or manufac- |
|---|
| 4461 | | - | turer that sells or distributes its wine intoxicating liquor |
|---|
| 4462 | | - | directly to a retailer, rather than through a wholesaler or |
|---|
| 4463 | | - | cooperative wholesaler, is subject to a fine of not more |
|---|
| 4464 | | - | than $10,000 and revocation of all of its permits by the |
|---|
| 4465 | | - | division under s. 125.12 (5). |
|---|
| 4466 | | - | (b) Any cooperative wholesaler that provides prefer- |
|---|
| 4467 | | - | ential treatment to a Wisconsin winery or Wisconsin |
|---|
| 4468 | | - | manufacturer or discriminates against an out−of−state |
|---|
| 4469 | | - | winery or out−of−state manufacturer is subject to a fine |
|---|
| 4470 | | - | of not more than $10,000 and revocation of its whole- |
|---|
| 4471 | | - | saler’s permit by the division under s. 125.12 (5). |
|---|
| 4472 | | - | SECTION 26hu. 125.55 (1) of the statutes is amended |
|---|
| 4473 | | - | to read: |
|---|
| 4474 | | - | 125.55 (1) The department division may issue a com- |
|---|
| 4475 | | - | bination manufacturer’s and rectifier’s permit. |
|---|
| 4476 | | - | SECTION 26hv. 125.56 (2) (a) of the statutes is |
|---|
| 4477 | | - | amended to read: |
|---|
| 4478 | | - | 125.56 (2) (a) The department division shall issue |
|---|
| 4479 | | - | sacramental wine permits to organized religious bodies |
|---|
| 4480 | | - | authorizing them to purchase for their own use sacramen- |
|---|
| 4481 | | - | tal wine from any permittee under s. 125.52 (1), 125.53 |
|---|
| 4482 | | - | or 125.54. A permit under this subsection does not autho- |
|---|
| 4483 | | - | rize the resale of sacramental wine by the permittee. |
|---|
| 4484 | | - | SECTION 26hw. 125.56 (2) (c) of the statutes is |
|---|
| 4485 | | - | amended to read: |
|---|
| 4486 | | - | 125.56 (2) (c) Shipments of sacramental wine shall |
|---|
| 4487 | | - | be conspicuously labeled “for sacramental purposes” and |
|---|
| 4488 | | - | shall meet any other requirements the department divi- |
|---|
| 4489 | | - | sion prescribes by rule. |
|---|
| 4490 | | - | SECTION 26hx. 125.56 (2) (d) of the statutes is |
|---|
| 4491 | | - | amended to read: |
|---|
| 4492 | | - | 125.56 (2) (d) A sacramental wine permit shall be |
|---|
| 4493 | | - | issued free of charge by the department division and is |
|---|
| 4494 | | - | not subject to s. 125.04 (11) (a). |
|---|
| 4495 | | - | SECTION 26hy. 125.58 (1) of the statutes is amended |
|---|
| 4496 | | - | to read: |
|---|
| 4497 | | - | 125.58 (1) The department division shall issue out− |
|---|
| 4498 | | - | of−state shippers’ permits which authorize persons |
|---|
| 4499 | | - | located outside this state to sell or ship intoxicating liquor |
|---|
| 4500 | | - | into this state. Except as provided under sub. subs. (4) |
|---|
| 4501 | | - | and (5), intoxicating liquor may be shipped into this state |
|---|
| 4502 | | - | only to a person holding a wholesaler’s permit under s. |
|---|
| 4503 | | - | 125.54 or, if shipped from a manufacturer or rectifier in |
|---|
| 4504 | | - | another state holding a permit under this section, to a per- |
|---|
| 4505 | | - | son holding a manufacturer’s or rectifier’s permit under |
|---|
| 4506 | | - | s. 125.52 or a winery permit under s. 125.53. Except as |
|---|
| 4507 | | - | provided under sub. subs. (4) and (5), a separate out−of− |
|---|
| 4508 | | - | state shipper’s permit is required for each location from |
|---|
| 4509 | | - | which any intoxicating liquor is sold or shipped into this |
|---|
| 4510 | | - | state, including the location from which the invoices are |
|---|
| 4511 | | - | issued for the sales or shipments. Any person holding an |
|---|
| 4512 | | - | out−of−state shipper’s permit issued under this section |
|---|
| 4513 | | - | may solicit orders for sales or shipments by the permittee |
|---|
| 4514 | | - | without obtaining the sales solicitation permit required |
|---|
| 4515 | | - | by s. 125.65, but every agent, salesperson or other repre- |
|---|
| 4516 | | - | sentative who solicits orders for sales or shipments by an |
|---|
| 4517 | | - | out−of−state shipper shall first obtain a permit for solicit- |
|---|
| 4518 | | - | ing orders under s. 125.65. No holder of an out−of−state |
|---|
| 4519 | | - | shipper’s permit issued under this section may sell intoxi- |
|---|
| 4520 | | - | cating liquor in this state or ship intoxicating liquor into |
|---|
| 4521 | | - | this state unless the out−of−state shipper is the primary |
|---|
| 4522 | | - | source of supply for that intoxicating liquor. |
|---|
| 4523 | | - | SECTION 26hz. 125.58 (2) of the statutes is renum- |
|---|
| 4524 | | - | bered 125.58 (2) (a). |
|---|
| 4525 | | - | SECTION 26jb. 125.58 (2) (b) and (c) of the statutes |
|---|
| 4526 | | - | are created to read: |
|---|
| 4527 | | - | 125.58 (2) (b) 1. Unless the permittee or agent of the |
|---|
| 4528 | | - | permittee appointed under s. 125.04 (6) is a resident of |
|---|
| 4529 | | - | this state, or unless the permittee maintains a registered |
|---|
| 4530 | | - | agent in this state under s. 180.0501, 180.1507, − 43 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 4531 | | - | 183.0105, or 183.1007, a permittee under this section |
|---|
| 4532 | | - | shall appoint and continually engage the services of an |
|---|
| 4533 | | - | agent in this state to act as agent for the service of process |
|---|
| 4534 | | - | on whom all processes, and any action or proceeding |
|---|
| 4535 | | - | against the permittee concerning or arising out of the |
|---|
| 4536 | | - | enforcement of any provision of this chapter or ch. 139, |
|---|
| 4537 | | - | may be served in any manner authorized by law. That ser- |
|---|
| 4538 | | - | vice shall constitute legal and valid service of process on |
|---|
| 4539 | | - | the permittee. The permittee shall provide to the divi- |
|---|
| 4540 | | - | sion, in the form and manner prescribed by the division, |
|---|
| 4541 | | - | the name, address, phone number, and proof of the |
|---|
| 4542 | | - | appointment and availability of the agent. |
|---|
| 4543 | | - | 2. The permittee shall provide notice to the division |
|---|
| 4544 | | - | 30 calendar days before termination of the authority of an |
|---|
| 4545 | | - | agent under subd. 1. and shall provide proof to the satis- |
|---|
| 4546 | | - | faction of the division of the appointment of a new agent |
|---|
| 4547 | | - | no less than 5 calendar days before the termination of an |
|---|
| 4548 | | - | existing agent appointment. In the event an agent termi- |
|---|
| 4549 | | - | nates an agency appointment, the permittee shall notify |
|---|
| 4550 | | - | the division of that termination within 5 calendar days |
|---|
| 4551 | | - | and shall include proof to the satisfaction of the division |
|---|
| 4552 | | - | of the appointment of a new agent. |
|---|
| 4553 | | - | 3. If a permittee fails to maintain an agent in this state |
|---|
| 4554 | | - | after a permit is issued under this section, the permittee |
|---|
| 4555 | | - | is considered to have appointed the department of finan- |
|---|
| 4556 | | - | cial institutions as the permittee’s agent, and the permit- |
|---|
| 4557 | | - | tee may be proceeded against in courts of this state by ser- |
|---|
| 4558 | | - | vice of process upon the department of financial |
|---|
| 4559 | | - | institutions. |
|---|
| 4560 | | - | (c) The application for a permit under this section |
|---|
| 4561 | | - | shall include a provision that the permittee agrees to do |
|---|
| 4562 | | - | all of the following: |
|---|
| 4563 | | - | 1. File reports, provide records, and allow inspec- |
|---|
| 4564 | | - | tions and examinations to the extent provided in s. |
|---|
| 4565 | | - | 125.025 and ch. 139. |
|---|
| 4566 | | - | 2. Pay the expenses reasonably attributable to inspec- |
|---|
| 4567 | | - | tions and examinations made by the division at the |
|---|
| 4568 | | - | premises of the permittee located outside this state. |
|---|
| 4569 | | - | 3. Accept service of process and consent to jurisdic- |
|---|
| 4570 | | - | tion in any proceeding in this state to enforce the provi- |
|---|
| 4571 | | - | sions of this chapter or ch. 139. |
|---|
| 4572 | | - | SECTION 26jc. 125.58 (5) of the statutes is created to |
|---|
| 4573 | | - | read: |
|---|
| 4574 | | - | 125.58 (5) A fulfillment house located outside this |
|---|
| 4575 | | - | state that holds a permit under s. 125.23 may ship wine |
|---|
| 4576 | | - | into this state as provided in s. 125.23 and is not required |
|---|
| 4577 | | - | to hold an out−of−state shipper’s permit under this sec- |
|---|
| 4578 | | - | tion. |
|---|
| 4579 | | - | SECTION 26jd. 125.60 (1) of the statutes is amended |
|---|
| 4580 | | - | to read: |
|---|
| 4581 | | - | 125.60 (1) The department division may issue a |
|---|
| 4582 | | - | wholesale alcohol permit which authorizes the permittee |
|---|
| 4583 | | - | to sell ethyl alcohol of 190 proof or more to persons hold- |
|---|
| 4584 | | - | ing permits or licenses issued under s. 125.61 or 125.62. |
|---|
| 4585 | | - | Nothing in this section requires manufacturers, rectifiers |
|---|
| 4586 | | - | and wholesalers holding permits issued under s. 125.52 |
|---|
| 4587 | | - | (1) or 125.54 to obtain a wholesale alcohol permit. |
|---|
| 4588 | | - | SECTION 26je. 125.61 (1) of the statutes is amended |
|---|
| 4589 | | - | to read: |
|---|
| 4590 | | - | 125.61 (1) The department division may issue a |
|---|
| 4591 | | - | medicinal alcohol permit which authorizes the permittee |
|---|
| 4592 | | - | to purchase and use alcohol for medicinal purposes only. |
|---|
| 4593 | | - | The permit may be issued only to persons who prove to |
|---|
| 4594 | | - | the department division that they use alcohol for medici- |
|---|
| 4595 | | - | nal purposes. |
|---|
| 4596 | | - | SECTION 26jf. 125.61 (3) of the statutes is amended |
|---|
| 4597 | | - | to read: |
|---|
| 4598 | | - | 125.61 (3) Shipments of medicinal alcohol shall be |
|---|
| 4599 | | - | conspicuously labeled “for medicinal purposes” and |
|---|
| 4600 | | - | shall meet other requirements which the department divi- |
|---|
| 4601 | | - | sion prescribes by rule. |
|---|
| 4602 | | - | SECTION 26jg. 125.61 (4) of the statutes is amended |
|---|
| 4603 | | - | to read: |
|---|
| 4604 | | - | 125.61 (4) A medicinal permit shall be issued free of |
|---|
| 4605 | | - | charge by the department division and is not subject to s. |
|---|
| 4606 | | - | 125.04 (11) (a). |
|---|
| 4607 | | - | SECTION 26jh. 125.62 (1) of the statutes is amended |
|---|
| 4608 | | - | to read: |
|---|
| 4609 | | - | 125.62 (1) The department division may issue an |
|---|
| 4610 | | - | industrial alcohol permit which authorizes the permittee |
|---|
| 4611 | | - | to purchase and use alcohol for industrial purposes only. |
|---|
| 4612 | | - | Such permits may be issued only to persons who prove |
|---|
| 4613 | | - | to the department division that they use alcohol for indus- |
|---|
| 4614 | | - | trial purposes. |
|---|
| 4615 | | - | SECTION 26ji. 125.62 (3) of the statutes is amended |
|---|
| 4616 | | - | to read: |
|---|
| 4617 | | - | 125.62 (3) Shipments of industrial alcohol shall be |
|---|
| 4618 | | - | conspicuously labeled “for industrial purposes” and shall |
|---|
| 4619 | | - | meet other requirements which the department division |
|---|
| 4620 | | - | prescribes by rule. |
|---|
| 4621 | | - | SECTION 26jk. 125.63 (1) of the statutes is amended |
|---|
| 4622 | | - | to read: |
|---|
| 4623 | | - | 125.63 (1) The department division may issue an |
|---|
| 4624 | | - | industrial wine permit which authorizes the purchase and |
|---|
| 4625 | | - | use of wine for industrial purposes only. An industrial |
|---|
| 4626 | | - | wine permit may be issued only to persons who prove to |
|---|
| 4627 | | - | the department division that they use wine for industrial |
|---|
| 4628 | | - | purposes. |
|---|
| 4629 | | - | SECTION 26jm. 125.63 (3) of the statutes is amended |
|---|
| 4630 | | - | to read: |
|---|
| 4631 | | - | 125.63 (3) Shipments of industrial wine shall be con- |
|---|
| 4632 | | - | spicuously labeled “for industrial purposes” and shall |
|---|
| 4633 | | - | meet other requirements which the department division |
|---|
| 4634 | | - | prescribes by rule. |
|---|
| 4635 | | - | SECTION 26jn. 125.65 (1) of the statutes is amended |
|---|
| 4636 | | - | to read: |
|---|
| 4637 | | - | 125.65 (1) The department division may issue a per- |
|---|
| 4638 | | - | mit for wholesale sales for future delivery which autho- |
|---|
| 4639 | | - | rizes the permittee to solicit orders, and to engage in the |
|---|
| 4640 | | - | sale, of intoxicating liquor for delivery at a future date. − 44 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 4641 | | - | A person holding a permit under this section may give a |
|---|
| 4642 | | - | sample of a brand of intoxicating liquor to a “Class A” |
|---|
| 4643 | | - | licensee who has not previously purchased that brand |
|---|
| 4644 | | - | from the permittee. |
|---|
| 4645 | | - | SECTION 26jo. 125.65 (4) (intro.) of the statutes is |
|---|
| 4646 | | - | amended to read: |
|---|
| 4647 | | - | 125.65 (4) (intro.) The department division shall |
|---|
| 4648 | | - | require the following information in applications for per- |
|---|
| 4649 | | - | mits under this section: |
|---|
| 4650 | | - | SECTION 26jp. 125.65 (4) (e) of the statutes is |
|---|
| 4651 | | - | amended to read: |
|---|
| 4652 | | - | 125.65 (4) (e) Any other information required by the |
|---|
| 4653 | | - | department division. |
|---|
| 4654 | | - | SECTION 26jq. 125.65 (6) of the statutes is amended |
|---|
| 4655 | | - | to read: |
|---|
| 4656 | | - | 125.65 (6) Employers shall furnish the department |
|---|
| 4657 | | - | division with the names of all employees engaged in |
|---|
| 4658 | | - | activities requiring a permit under this section and shall |
|---|
| 4659 | | - | notify the department division whenever an employee |
|---|
| 4660 | | - | begins or terminates employment. Upon leaving |
|---|
| 4661 | | - | employment, an employee shall submit his or her permit |
|---|
| 4662 | | - | to the department division for cancellation. |
|---|
| 4663 | | - | SECTION 26jr. 125.65 (10) of the statutes is amended |
|---|
| 4664 | | - | to read: |
|---|
| 4665 | | - | 125.65 (10) The department division may not require |
|---|
| 4666 | | - | a fee for a permit under this section for an individual who |
|---|
| 4667 | | - | is eligible for the veterans fee waiver program under s. |
|---|
| 4668 | | - | 45.44. |
|---|
| 4669 | | - | SECTION 26js. 125.68 (2) of the statutes is amended |
|---|
| 4670 | | - | to read: |
|---|
| 4671 | | - | 125.68 (2) OPERATORS’ LICENSES; “CLASS A,” “CLASS |
|---|
| 4672 | | - | B,” “CLASS C,” AND OTHER PREMISES. Except as provided |
|---|
| 4673 | | - | under ss. 125.07 (3) (a) 10. and 125.51 (10), no premises |
|---|
| 4674 | | - | operated under a “Class A” or “Class C” license or under |
|---|
| 4675 | | - | a “Class B” license or permit may be open for business, |
|---|
| 4676 | | - | and no person who holds a brewer’s permit, manufactur- |
|---|
| 4677 | | - | er’s or rectifier’s permit, or winery permit may allow the |
|---|
| 4678 | | - | sale or provision of taste samples of intoxicating liquor |
|---|
| 4679 | | - | on the brewery premises, manufacturing or rectifying |
|---|
| 4680 | | - | premises as provided in s. 125.52 (1) (b) 2., winery |
|---|
| 4681 | | - | premises, or any retail outlet operated by the brewer, |
|---|
| 4682 | | - | manufacturer, rectifier, or winery under s. 125.29 (7), |
|---|
| 4683 | | - | 125.52 (4), or 125.53 (3), unless there is upon the |
|---|
| 4684 | | - | premises either the licensee or permittee, the agent |
|---|
| 4685 | | - | named in the license or permit if the licensee or permittee |
|---|
| 4686 | | - | is a corporation or limited liability company, or some per- |
|---|
| 4687 | | - | son who has an operator’s license and who is responsible |
|---|
| 4688 | | - | for the acts of all persons selling or serving any intoxicat- |
|---|
| 4689 | | - | ing liquor to customers. An operator’s license issued in |
|---|
| 4690 | | - | respect to a vessel under s. 125.51 (5) (c) is valid outside |
|---|
| 4691 | | - | the municipality that issues it. For the purpose of this |
|---|
| 4692 | | - | subsection, any person holding a manager’s license |
|---|
| 4693 | | - | issued under s. 125.18 or any member of the licensee’s or |
|---|
| 4694 | | - | permittee’s immediate family who has attained the age of |
|---|
| 4695 | | - | 18 shall be considered the holder of an operator’s license. |
|---|
| 4696 | | - | No person, including a member of the licensee’s or per- |
|---|
| 4697 | | - | mittee’s immediate family, other than the licensee, per- |
|---|
| 4698 | | - | mittee, or agent may serve or sell alcohol beverages in |
|---|
| 4699 | | - | any place operated under a “Class A” or “Class C” license |
|---|
| 4700 | | - | or under a “Class B” license or permit, or serve or sell |
|---|
| 4701 | | - | intoxicating liquor on brewery premises, manufacturing |
|---|
| 4702 | | - | or rectifying premises, winery premises, or any retail out- |
|---|
| 4703 | | - | let operated by a brewer, manufacturer, rectifier, or win- |
|---|
| 4704 | | - | ery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless |
|---|
| 4705 | | - | he or she has an operator’s license, is considered to have |
|---|
| 4706 | | - | an operator’s license under this subsection, or is at least |
|---|
| 4707 | | - | 18 years of age and is under the immediate supervision |
|---|
| 4708 | | - | of the licensee, permittee, or agent or a person holding an |
|---|
| 4709 | | - | operator’s license, who is on the premises at the time of |
|---|
| 4710 | | - | the service. |
|---|
| 4711 | | - | SECTION 26jt. 125.68 (2) of the statutes, as affected |
|---|
| 4712 | | - | by 2023 Wisconsin Act .... (this act), is amended to read: |
|---|
| 4713 | | - | 125.68 (2) OPERATORS’ LICENSES AND PERMITS; |
|---|
| 4714 | | - | “CLASS A,” “CLASS B,” “CLASS C,” AND OTHER PREMISES. |
|---|
| 4715 | | - | Except as provided under ss. 125.07 (3) (a) 10. and |
|---|
| 4716 | | - | 125.51 (10), no premises operated under a “Class A” or |
|---|
| 4717 | | - | “Class C” license or under a “Class B” license or permit |
|---|
| 4718 | | - | may be open for business, and no person who holds a |
|---|
| 4719 | | - | brewer’s permit, manufacturer’s or rectifier’s permit, or |
|---|
| 4720 | | - | winery permit may allow the sale or provision of taste |
|---|
| 4721 | | - | samples of intoxicating liquor on the brewery premises, |
|---|
| 4722 | | - | manufacturing or rectifying premises, winery premises, |
|---|
| 4723 | | - | or any retail outlet operated by the brewer, manufacturer, |
|---|
| 4724 | | - | rectifier, or winery under s. 125.29 (7), 125.52 (4), or |
|---|
| 4725 | | - | 125.53 (3), unless there is upon the premises either the |
|---|
| 4726 | | - | licensee or permittee, the agent named in the license or |
|---|
| 4727 | | - | permit if the licensee or permittee is a corporation or lim- |
|---|
| 4728 | | - | ited liability company, or some person who has an opera- |
|---|
| 4729 | | - | tor’s license or operator’s permit and who is responsible |
|---|
| 4730 | | - | for the acts of all persons selling or serving any intoxicat- |
|---|
| 4731 | | - | ing liquor to customers. An operator’s license issued in |
|---|
| 4732 | | - | respect to a vessel under s. 125.51 (5) (c) is valid outside |
|---|
| 4733 | | - | the municipality that issues it. For the purpose of this |
|---|
| 4734 | | - | subsection, any person holding a manager’s license |
|---|
| 4735 | | - | issued under s. 125.18 or any member of the licensee’s or |
|---|
| 4736 | | - | permittee’s immediate family who has attained the age of |
|---|
| 4737 | | - | 18 shall be considered the holder of an operator’s license. |
|---|
| 4738 | | - | No person other than the licensee, permittee, or agent |
|---|
| 4739 | | - | may serve or sell alcohol beverages in any place operated |
|---|
| 4740 | | - | under a “Class A” or “Class C” license or under a “Class |
|---|
| 4741 | | - | B” license or permit, or serve or sell intoxicating liquor |
|---|
| 4742 | | - | on brewery premises, manufacturing or rectifying |
|---|
| 4743 | | - | premises, winery premises, or any retail outlet operated |
|---|
| 4744 | | - | by a brewer, manufacturer, rectifier, or winery under s. |
|---|
| 4745 | | - | 125.29 (7), 125.52 (4), or 125.53 (3), unless he or she has |
|---|
| 4746 | | - | an operator’s license or operator’s permit, is considered |
|---|
| 4747 | | - | to have an operator’s license under this subsection, or is |
|---|
| 4748 | | - | at least 18 years of age and is under the immediate super- |
|---|
| 4749 | | - | vision of the licensee, permittee, or agent or a person |
|---|
| 4750 | | - | holding an operator’s license or operator’s permit, who |
|---|
| 4751 | | - | is on the premises at the time of the service. − 45 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 4752 | | - | SECTION 26ju. 125.68 (4) (c) 1. of the statutes is |
|---|
| 4753 | | - | amended to read: |
|---|
| 4754 | | - | 125.68 (4) (c) 1. Subject to subds. 3. and 6. and s. |
|---|
| 4755 | | - | 125.51 (3r) (a) 3., no premises for which a “Class B” |
|---|
| 4756 | | - | license or permit or a “Class C” license has been issued |
|---|
| 4757 | | - | may remain open between the hours of 2 a.m. and 6 a.m., |
|---|
| 4758 | | - | except as otherwise provided in this subdivision and |
|---|
| 4759 | | - | subd. 4. On January 1 premises operating under a “Class |
|---|
| 4760 | | - | B” license or permit are not required to close. On Satur- |
|---|
| 4761 | | - | day and Sunday, no premises may remain open between |
|---|
| 4762 | | - | 2:30 a.m. and 6 a.m. except that, on the Sunday that day- |
|---|
| 4763 | | - | light saving time begins as specified in s. 175.095 (2), no |
|---|
| 4764 | | - | premises may remain open between 3:30 a.m. and 6 a.m. |
|---|
| 4765 | | - | This subdivision does not apply to a “Class B” license |
|---|
| 4766 | | - | issued to a winery under s. 125.51 (3) (am). |
|---|
| 4767 | | - | SECTION 26jv. 125.68 (4) (c) 3. of the statutes is |
|---|
| 4768 | | - | amended to read: |
|---|
| 4769 | | - | 125.68 (4) (c) 3. Between 12 midnight and 6 a.m. no |
|---|
| 4770 | | - | person may sell intoxicating liquor on “Class B” licensed |
|---|
| 4771 | | - | premises in an original unopened package, container or |
|---|
| 4772 | | - | bottle or for consumption away from the premises or on |
|---|
| 4773 | | - | “Class C” licensed premises as authorized under s. |
|---|
| 4774 | | - | 125.51 (3r) (a). A municipal governing body may, by |
|---|
| 4775 | | - | ordinance, impose more restrictive hours than are pro- |
|---|
| 4776 | | - | vided in this subdivision except with respect to the sale |
|---|
| 4777 | | - | of intoxicating liquor authorized under s. 125.51 (3r) (a). |
|---|
| 4778 | | - | This subdivision does not apply to a “Class B” license |
|---|
| 4779 | | - | issued to a winery under s. 125.51 (3) (am). |
|---|
| 4780 | | - | SECTION 26jw. 125.68 (4) (c) 3m. of the statutes is |
|---|
| 4781 | | - | repealed. |
|---|
| 4782 | | - | SECTION 26jx. 125.68 (9) (f) of the statutes is |
|---|
| 4783 | | - | amended to read: |
|---|
| 4784 | | - | 125.68 (9) (f) Every person manufacturing, rectify- |
|---|
| 4785 | | - | ing or blending intoxicating liquor sold in this state shall |
|---|
| 4786 | | - | provide the department division with the names, brands, |
|---|
| 4787 | | - | descriptions, alcoholic content by volume and any other |
|---|
| 4788 | | - | information about the intoxicating liquor required by the |
|---|
| 4789 | | - | department division. Information required by this para- |
|---|
| 4790 | | - | graph shall be submitted prior to placing any new blend |
|---|
| 4791 | | - | on the market. The department division may also require |
|---|
| 4792 | | - | by rule that samples of new products be submitted for |
|---|
| 4793 | | - | examination and analysis. |
|---|
| 4794 | | - | SECTION 26jy. 125.68 (10) (a) and (b) of the statutes |
|---|
| 4795 | | - | are amended to read: |
|---|
| 4796 | | - | 125.68 (10) (a) Except as provided in s. ss. 125.23 |
|---|
| 4797 | | - | and 125.535, no intoxicating liquor may be shipped into |
|---|
| 4798 | | - | this state unless consigned to a person holding a whole- |
|---|
| 4799 | | - | saler’s permit under s. 125.54 or, if shipped from a manu- |
|---|
| 4800 | | - | facturer or rectifier in another state holding a permit |
|---|
| 4801 | | - | under s. 125.58, consigned to a person holding a manu- |
|---|
| 4802 | | - | facturer’s or rectifier’s permit under s. 125.52 or a winery |
|---|
| 4803 | | - | permit under s. 125.53. |
|---|
| 4804 | | - | (b) Except as provided in s. ss. 125.23 and 125.535, |
|---|
| 4805 | | - | no common carrier or other person may transport into and |
|---|
| 4806 | | - | deliver within this state any intoxicating liquor unless it |
|---|
| 4807 | | - | is consigned to a person holding a wholesaler’s permit |
|---|
| 4808 | | - | under s. 125.54 or, if shipped from a manufacturer or rec- |
|---|
| 4809 | | - | tifier in another state holding a permit under s. 125.58, |
|---|
| 4810 | | - | consigned to a person holding a manufacturer’s or recti- |
|---|
| 4811 | | - | fier’s permit under s. 125.52 or a winery permit under s. |
|---|
| 4812 | | - | 125.53. Any common carrier violating this paragraph |
|---|
| 4813 | | - | shall forfeit $100 for each violation. |
|---|
| 4814 | | - | SECTION 26kc. 125.69 (1) of the statutes is repealed |
|---|
| 4815 | | - | and recreated to read: |
|---|
| 4816 | | - | 125.69 (1) INTEREST RESTRICTIONS. (a) Subject to s. |
|---|
| 4817 | | - | 125.20 (6), a manufacturer’s or rectifier’s permit under |
|---|
| 4818 | | - | s. 125.52 may not be issued to any person who holds, or |
|---|
| 4819 | | - | has an interest in a licensee or permittee holding, any of |
|---|
| 4820 | | - | the following: |
|---|
| 4821 | | - | 1. A Class “A” license issued under s. 125.25 or |
|---|
| 4822 | | - | “Class A” license issued under s. 125.51 (2). |
|---|
| 4823 | | - | 2. A Class “B” license issued under s. 125.26, “Class |
|---|
| 4824 | | - | B” license issued under s. 125.51 (3), or “Class C” license |
|---|
| 4825 | | - | issued under s. 125.51 (3m). |
|---|
| 4826 | | - | 3. A Class “B” permit issued under s. 125.27 or |
|---|
| 4827 | | - | “Class B” permit issued under s. 125.51 (5). |
|---|
| 4828 | | - | 4. A wholesaler’s permit issued under s. 125.28 or |
|---|
| 4829 | | - | 125.54. |
|---|
| 4830 | | - | (b) Subject to s. 125.20 (6), a winery permit under s. |
|---|
| 4831 | | - | 125.53 may not be issued to any person who holds, or has |
|---|
| 4832 | | - | an interest in a licensee or permittee holding, any of the |
|---|
| 4833 | | - | following: |
|---|
| 4834 | | - | 1. A Class “A” license issued under s. 125.25 or |
|---|
| 4835 | | - | “Class A” license issued under s. 125.51 (2). |
|---|
| 4836 | | - | 2. A Class “B” license issued under s. 125.26, “Class |
|---|
| 4837 | | - | B” license issued under s. 125.51 (3), or “Class C” license |
|---|
| 4838 | | - | issued under s. 125.51 (3m). |
|---|
| 4839 | | - | 3. A Class “B” permit issued under s. 125.27 or |
|---|
| 4840 | | - | “Class B” permit issued under s. 125.51 (5). |
|---|
| 4841 | | - | 4. A wholesaler’s permit issued under s. 125.28 or |
|---|
| 4842 | | - | 125.54. |
|---|
| 4843 | | - | (c) Subject to s. 125.20 (6), a wholesaler’s permit |
|---|
| 4844 | | - | under s. 125.54 may not be issued to any person who |
|---|
| 4845 | | - | holds, or has an interest in a licensee or permittee holding, |
|---|
| 4846 | | - | any of the following: |
|---|
| 4847 | | - | 1. A Class “A” license issued under s. 125.25 or |
|---|
| 4848 | | - | “Class A” license issued under s. 125.51 (2). |
|---|
| 4849 | | - | 2. A Class “B” license issued under s. 125.26, “Class |
|---|
| 4850 | | - | B” license issued under s. 125.51 (3), or “Class C” license |
|---|
| 4851 | | - | issued under s. 125.51 (3m). |
|---|
| 4852 | | - | 3. A Class “B” permit issued under s. 125.27 or |
|---|
| 4853 | | - | “Class B” permit issued under s. 125.51 (5). |
|---|
| 4854 | | - | 4. A brewer’s permit issued under s. 125.29. |
|---|
| 4855 | | - | 5. A brewpub permit issued under s. 125.295. |
|---|
| 4856 | | - | 6. A winery permit issued under s. 125.53. |
|---|
| 4857 | | - | 7. A manufacturer’s or rectifier’s permit issued under |
|---|
| 4858 | | - | s. 125.52. |
|---|
| 4859 | | - | 8. An out−of−state shipper’s permit issued under s. |
|---|
| 4860 | | - | 125.30 or 125.58. |
|---|
| 4861 | | - | (d) Subject to s. 125.20 (6), an out−of−state shipper’s |
|---|
| 4862 | | - | permit under s. 125.58 may not be issued to any person − 46 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 4863 | | - | who holds, or has an interest in a licensee or permittee |
|---|
| 4864 | | - | holding, any of the following: |
|---|
| 4865 | | - | 1. A Class “A” license issued under s. 125.25 or |
|---|
| 4866 | | - | “Class A” license issued under s. 125.51 (2). |
|---|
| 4867 | | - | 2. A Class “B” license issued under s. 125.26, “Class |
|---|
| 4868 | | - | B” license issued under s. 125.51 (3), or “Class C” license |
|---|
| 4869 | | - | issued under s. 125.51 (3m). |
|---|
| 4870 | | - | 3. A Class “B” permit issued under s. 125.27 or |
|---|
| 4871 | | - | “Class B” permit issued under s. 125.51 (5). |
|---|
| 4872 | | - | 4. A wholesaler’s permit issued under s. 125.28 or |
|---|
| 4873 | | - | 125.54. |
|---|
| 4874 | | - | (e) Subject to s. 125.20 (6), a “Class A” license may |
|---|
| 4875 | | - | not be issued to any person who holds, or has an interest |
|---|
| 4876 | | - | in a permittee holding, any of the following: |
|---|
| 4877 | | - | 1. A wholesaler’s permit issued under s. 125.28 or |
|---|
| 4878 | | - | 125.54. |
|---|
| 4879 | | - | 2. A brewer’s permit issued under s. 125.29. |
|---|
| 4880 | | - | 3. A brewpub permit issued under s. 125.295. |
|---|
| 4881 | | - | 4. A winery permit issued under s. 125.53. |
|---|
| 4882 | | - | 5. A manufacturer’s or rectifier’s permit issued under |
|---|
| 4883 | | - | s. 125.52. |
|---|
| 4884 | | - | 6. An out−of−state shipper’s permit issued under s. |
|---|
| 4885 | | - | 125.30 or 125.58. |
|---|
| 4886 | | - | (f) Subject to s. 125.20 (6), a “Class B” license or per- |
|---|
| 4887 | | - | mit or “Class C” license may not be issued to any person |
|---|
| 4888 | | - | who holds, or has an interest in a permittee holding, any |
|---|
| 4889 | | - | of the following: |
|---|
| 4890 | | - | 1. A wholesaler’s permit issued under s. 125.28 or |
|---|
| 4891 | | - | 125.54. |
|---|
| 4892 | | - | 2. A brewer’s permit issued under s. 125.29. |
|---|
| 4893 | | - | 3. Except as provided in s. 125.295 (1) (h), (2) (a) 6. |
|---|
| 4894 | | - | e., and (3) (c), a brewpub permit issued under s. 125.295. |
|---|
| 4895 | | - | 4. A winery permit issued under s. 125.53. |
|---|
| 4896 | | - | 5. A manufacturer’s or rectifier’s permit issued under |
|---|
| 4897 | | - | s. 125.52. |
|---|
| 4898 | | - | 6. An out−of−state shipper’s permit issued under s. |
|---|
| 4899 | | - | 125.30 or 125.58. |
|---|
| 4900 | | - | SECTION 26ke. 125.69 (1) (a) 5., (b) 5m., (c) 9. and |
|---|
| 4901 | | - | (d) 5. of the statutes are created to read: |
|---|
| 4902 | | - | 125.69 (1) (a) 5. A no−sale event venue permit issued |
|---|
| 4903 | | - | under s. 125.24. |
|---|
| 4904 | | - | (b) 5m. A no−sale event venue permit issued under |
|---|
| 4905 | | - | s. 125.24. |
|---|
| 4906 | | - | (c) 9. A no−sale event venue permit issued under s. |
|---|
| 4907 | | - | 125.24. |
|---|
| 4908 | | - | (d) 5. A no−sale event venue permit issued under s. |
|---|
| 4909 | | - | 125.24. |
|---|
| 4910 | | - | SECTION 26kg. 125.69 (4) (e) of the statutes is |
|---|
| 4911 | | - | amended to read: |
|---|
| 4912 | | - | 125.69 (4) (e) Costs. The cost of administering this |
|---|
| 4913 | | - | subsection shall be charged to the manufacturer, rectifier |
|---|
| 4914 | | - | and wholesaler permittees. The department division |
|---|
| 4915 | | - | shall determine the costs and shall establish the proce- |
|---|
| 4916 | | - | dure for apportioning the cost against the permittees and |
|---|
| 4917 | | - | provide for the method of payment to the department |
|---|
| 4918 | | - | division. |
|---|
| 4919 | | - | SECTION 26ki. 125.69 (7) of the statutes is amended |
|---|
| 4920 | | - | to read: |
|---|
| 4921 | | - | 125.69 (7) LICENSE OR PERMIT REVOCATION. The vio- |
|---|
| 4922 | | - | lation of sub. (1), (3) or (5), or s. 125.20 (5) (d) as it relates |
|---|
| 4923 | | - | to sub. (1), is sufficient cause for the revocation of the |
|---|
| 4924 | | - | license or permit of any licensee or permittee receiving |
|---|
| 4925 | | - | the benefit from the prohibited act as well as the revoca- |
|---|
| 4926 | | - | tion of the license or permit of the licensee or permittee |
|---|
| 4927 | | - | committing the prohibited act. |
|---|
| 4928 | | - | SECTION 26km. 125.69 (9) of the statutes is created |
|---|
| 4929 | | - | to read: |
|---|
| 4930 | | - | 125.69 (9) PROVIDING TASTE SAMPLES ON RETAIL |
|---|
| 4931 | | - | PREMISES. (a) Subject to par. (e), with the consent of the |
|---|
| 4932 | | - | “Class A,” “Class B,” or “Class C” licensee, a winery, |
|---|
| 4933 | | - | manufacturer, or rectifier may provide, free of charge, on |
|---|
| 4934 | | - | “Class A,” “Class B,” or “Class C” premises, taste sam- |
|---|
| 4935 | | - | ples of intoxicating liquor to any person who has attained |
|---|
| 4936 | | - | the legal drinking age for consumption on the premises |
|---|
| 4937 | | - | between the hours of 11 a.m. and 7 p.m. |
|---|
| 4938 | | - | (b) A taste sample of wine may not exceed 3 fluid |
|---|
| 4939 | | - | ounces and a person may not receive more than 2 taste |
|---|
| 4940 | | - | samples of wine per day. A taste sample of intoxicating |
|---|
| 4941 | | - | liquor other than wine may not exceed 0.5 fluid ounces |
|---|
| 4942 | | - | and a person may receive not more than one taste sample |
|---|
| 4943 | | - | of such intoxicating liquor per day. |
|---|
| 4944 | | - | (c) A winery, manufacturer, or rectifier may provide |
|---|
| 4945 | | - | taste samples of any intoxicating liquor purchased from |
|---|
| 4946 | | - | the retail licensee or of any intoxicating liquor the winery, |
|---|
| 4947 | | - | manufacturer, or rectifier produced on premises covered |
|---|
| 4948 | | - | by its winery permit, manufacturer’s permit, or rectifier’s |
|---|
| 4949 | | - | permit and brings to the retail premises, but the winery, |
|---|
| 4950 | | - | manufacturer, or rectifier may not leave at the retail |
|---|
| 4951 | | - | premises any unused intoxicating liquor not purchased |
|---|
| 4952 | | - | from the retail licensee. |
|---|
| 4953 | | - | (d) Any representative of a manufacturer, rectifier, or |
|---|
| 4954 | | - | winery issued a permit under s. 125.52 or 125.53 may |
|---|
| 4955 | | - | assist the retail licensee in dispensing or serving the taste |
|---|
| 4956 | | - | samples. |
|---|
| 4957 | | - | (e) This subsection authorizes taste samples only of |
|---|
| 4958 | | - | wine on “Class C” licensed premises. |
|---|
| 4959 | | - | SECTION 27. 134.65 (title) of the statutes is amended |
|---|
| 4960 | | - | to read: |
|---|
| 4961 | | - | 134.65 (title) Cigarette, electronic vaping devices, |
|---|
| 4962 | | - | and tobacco products retailer license. |
|---|
| 4963 | | - | SECTION 28. 134.65 (1) of the statutes is renumbered |
|---|
| 4964 | | - | 134.65 (1d) and amended to read: |
|---|
| 4965 | | - | 134.65 (1d) No person shall in any manner, or upon |
|---|
| 4966 | | - | any pretense, or by any device, directly or indirectly sell, |
|---|
| 4967 | | - | expose for sale, possess with intent to sell, exchange, bar- |
|---|
| 4968 | | - | ter, dispose of or give away any cigarettes, electronic |
|---|
| 4969 | | - | vaping devices, or tobacco products to any person not |
|---|
| 4970 | | - | holding a license as herein provided or a permit under ss. |
|---|
| 4971 | | - | 139.30 to 139.41 or 139.79 without first obtaining a |
|---|
| 4972 | | - | license from the clerk of the city, village or town wherein |
|---|
| 4973 | | - | such privilege is sought to be exercised. − 47 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 4974 | | - | SECTION 29. 134.65 (1a) of the statutes is created to |
|---|
| 4975 | | - | read: |
|---|
| 4976 | | - | 134.65 (1a) In this section: |
|---|
| 4977 | | - | (a) “Cigarette” has the meaning given in s. 139.30 |
|---|
| 4978 | | - | (1m). |
|---|
| 4979 | | - | (b) “Electronic vaping device” means a device that |
|---|
| 4980 | | - | may be used to deliver any aerosolized or vaporized liq- |
|---|
| 4981 | | - | uid or other substance for inhalation, regardless of |
|---|
| 4982 | | - | whether the liquid or other substance contains nicotine, |
|---|
| 4983 | | - | including an e−cigarette, e−cigar, e−pipe, vape pen, or |
|---|
| 4984 | | - | e−hookah. “Electronic vaping device” includes a com- |
|---|
| 4985 | | - | ponent, part, or accessory of the device, and includes a |
|---|
| 4986 | | - | liquid or other substance that may be aerosolized or |
|---|
| 4987 | | - | vaporized by such device, regardless of whether the liq- |
|---|
| 4988 | | - | uid or other substance contains nicotine. “Electronic |
|---|
| 4989 | | - | vaping device” does not include a battery or battery |
|---|
| 4990 | | - | charger when sold separately. “Electronic vaping device” |
|---|
| 4991 | | - | does not include drugs, devices, or combination products |
|---|
| 4992 | | - | authorized for sale by the U.S. food and drug administra- |
|---|
| 4993 | | - | tion, as those terms are defined in the Federal Food, Drug, |
|---|
| 4994 | | - | and Cosmetic Act. |
|---|
| 4995 | | - | (c) “Tobacco products” has the meaning given in s. |
|---|
| 4996 | | - | 139.75 (12). |
|---|
| 4997 | | - | (d) “Vending machine” has the meaning given in s. |
|---|
| 4998 | | - | 139.30 (14). |
|---|
| 4999 | | - | SECTION 30. 134.65 (1g) of the statutes is created to |
|---|
| 5000 | | - | read: |
|---|
| 5001 | | - | 134.65 (1g) (a) The department of revenue shall cre- |
|---|
| 5002 | | - | ate an application form for licenses issued under sub. |
|---|
| 5003 | | - | (1d). The form shall require all of the following informa- |
|---|
| 5004 | | - | tion from an applicant: |
|---|
| 5005 | | - | 1. The applicant’s history relevant to the applicant’s |
|---|
| 5006 | | - | fitness to hold a license under sub. (1d). |
|---|
| 5007 | | - | 2. The kind of license for which the applicant is |
|---|
| 5008 | | - | applying. |
|---|
| 5009 | | - | 3. The premises where cigarettes, electronic vaping |
|---|
| 5010 | | - | devices, or tobacco products will be sold or stored. |
|---|
| 5011 | | - | 4. If the applicant is a corporation, the identity of the |
|---|
| 5012 | | - | corporate officers and agent. |
|---|
| 5013 | | - | 5. If the applicant is a limited liability company, the |
|---|
| 5014 | | - | identity of the company members or managers and agent. |
|---|
| 5015 | | - | 6. The applicant’s trade name, if any. |
|---|
| 5016 | | - | 7. Whether the applicant will sell, exchange, barter, |
|---|
| 5017 | | - | dispose of, or give away the cigarettes, electronic vaping |
|---|
| 5018 | | - | devices, or tobacco products over the counter or in a |
|---|
| 5019 | | - | vending machine, or both. |
|---|
| 5020 | | - | 8. Any other information required by the department |
|---|
| 5021 | | - | of revenue. |
|---|
| 5022 | | - | (b) The department of revenue shall make the form |
|---|
| 5023 | | - | prepared under this subsection available to all cities, vil- |
|---|
| 5024 | | - | lages, and towns. |
|---|
| 5025 | | - | (c) An applicant for a license under sub. (1d) shall use |
|---|
| 5026 | | - | the form prepared under this subsection. |
|---|
| 5027 | | - | (d) An application for a license under sub. (1d) shall |
|---|
| 5028 | | - | be signed by the applicant and the applicant shall submit |
|---|
| 5029 | | - | the application to the clerk of the city, village, or town |
|---|
| 5030 | | - | where the intended place of sale is located. |
|---|
| 5031 | | - | (e) Within 30 days of any change in any fact set forth |
|---|
| 5032 | | - | in an application for a license under sub. (1d), the appli- |
|---|
| 5033 | | - | cant or licensee shall file a written description of the |
|---|
| 5034 | | - | change with the clerk of the city, village, or town where |
|---|
| 5035 | | - | the application was submitted. |
|---|
| 5036 | | - | (f) Any person may inspect applications for a license |
|---|
| 5037 | | - | under sub. (1d). The clerk of a city, village, or town |
|---|
| 5038 | | - | where such applications are submitted shall retain all |
|---|
| 5039 | | - | applications, except that the clerk may destroy any appli- |
|---|
| 5040 | | - | cation that is 4 or more years old. |
|---|
| 5041 | | - | SECTION 31. 134.65 (1m) of the statutes is renum- |
|---|
| 5042 | | - | bered 134.65 (1m) (a) (intro.) and amended to read: |
|---|
| 5043 | | - | 134.65 (1m) (a) (intro.) A city, village, or town clerk |
|---|
| 5044 | | - | may not issue a license under sub. (1) (1d) unless the |
|---|
| 5045 | | - | applicant specifies in the license application whether the |
|---|
| 5046 | | - | applicant will sell, exchange, barter, dispose of, or give |
|---|
| 5047 | | - | away the cigarette or tobacco products over the counter |
|---|
| 5048 | | - | or in a vending machine, or both. meets all of the follow- |
|---|
| 5049 | | - | ing requirements: |
|---|
| 5050 | | - | SECTION 32. 134.65 (1m) (a) 1. and 2. of the statutes |
|---|
| 5051 | | - | are created to read: |
|---|
| 5052 | | - | 134.65 (1m) (a) 1. Subject to ss. 111.321, 111.322, |
|---|
| 5053 | | - | and 111.335, the applicant has not habitually been a law |
|---|
| 5054 | | - | offender or been convicted of a felony unless pardoned. |
|---|
| 5055 | | - | 2. The applicant has submitted the proof required |
|---|
| 5056 | | - | under s. 77.61 (11). |
|---|
| 5057 | | - | SECTION 33. 134.65 (1m) (b) of the statutes is created |
|---|
| 5058 | | - | to read: |
|---|
| 5059 | | - | 134.65 (1m) (b) The requirements under par. (a) |
|---|
| 5060 | | - | apply to all partners of a partnership, all members of a |
|---|
| 5061 | | - | limited liability company, all agents of a limited liability |
|---|
| 5062 | | - | company or corporation, and all officers of a corporation. |
|---|
| 5063 | | - | Subject to ss. 111.321, 111.322, and 111.335, if a business |
|---|
| 5064 | | - | entity has been convicted of a crime, the entity may not |
|---|
| 5065 | | - | be issued a license under sub. (1d) unless the entity has |
|---|
| 5066 | | - | terminated its relationship with the individuals whose |
|---|
| 5067 | | - | actions directly contributed to the conviction. |
|---|
| 5068 | | - | SECTION 34. 134.65 (1r) of the statutes is amended |
|---|
| 5069 | | - | to read: |
|---|
| 5070 | | - | 134.65 (1r) A city, village, or town clerk may not |
|---|
| 5071 | | - | require an applicant’s signature on an application for a |
|---|
| 5072 | | - | cigarette, electronic vaping devices, and tobacco prod- |
|---|
| 5073 | | - | ucts retailer license to be notarized. If a city, village, |
|---|
| 5074 | | - | town, or any department of this state prepares an applica- |
|---|
| 5075 | | - | tion form for a cigarette, electronic vaping devices, and |
|---|
| 5076 | | - | tobacco products retailer license, the form may not |
|---|
| 5077 | | - | require an applicant’s signature on the form to be nota- |
|---|
| 5078 | | - | rized. |
|---|
| 5079 | | - | SECTION 35. 134.65 (2m) of the statutes is created to |
|---|
| 5080 | | - | read: |
|---|
| 5081 | | - | 134.65 (2m) Annually, no later than July 15, the clerk |
|---|
| 5082 | | - | of a city, village, or town issuing licenses under sub. (1d) |
|---|
| 5083 | | - | shall submit to the department of revenue, in a manner − 48 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 5084 | | - | prescribed by the department, a list of licenses issued by |
|---|
| 5085 | | - | the city, village, or town under sub. (1d) during the previ- |
|---|
| 5086 | | - | ous fiscal year. The list shall include the name, address, |
|---|
| 5087 | | - | seller’s permit number, and trade name of the licensee |
|---|
| 5088 | | - | and the type of license held. The department of revenue |
|---|
| 5089 | | - | shall publish this list annually on the department’s web- |
|---|
| 5090 | | - | site. |
|---|
| 5091 | | - | SECTION 36. 134.65 (3m) of the statutes is created to |
|---|
| 5092 | | - | read: |
|---|
| 5093 | | - | 134.65 (3m) A person holding a license under sub. |
|---|
| 5094 | | - | (1d) shall enclose the license in a frame that has a trans- |
|---|
| 5095 | | - | parent front that allows the license to be read clearly. The |
|---|
| 5096 | | - | licensee shall conspicuously display the license for pub- |
|---|
| 5097 | | - | lic inspection at all times in the room or place where the |
|---|
| 5098 | | - | activity subject to licensure is carried out. |
|---|
| 5099 | | - | SECTION 37. 134.65 (4) of the statutes is amended to |
|---|
| 5100 | | - | read: |
|---|
| 5101 | | - | 134.65 (4) Every licensed retailer shall keep com- |
|---|
| 5102 | | - | plete and accurate records of all purchases and receipts of |
|---|
| 5103 | | - | cigarettes, electronic vaping devices, and tobacco prod- |
|---|
| 5104 | | - | ucts. Such records shall be preserved on the licensed |
|---|
| 5105 | | - | premises for 2 years in such a manner as to insure perma- |
|---|
| 5106 | | - | nency and accessibility for inspection and shall be sub- |
|---|
| 5107 | | - | ject to inspection at all reasonable hours by authorized |
|---|
| 5108 | | - | state and local law enforcement officials. |
|---|
| 5109 | | - | SECTION 38. 134.65 (5m) of the statutes is amended |
|---|
| 5110 | | - | to read: |
|---|
| 5111 | | - | 134.65 (5m) Any person who knowingly provides |
|---|
| 5112 | | - | materially false information in an application for a ciga- |
|---|
| 5113 | | - | rette, electronic vaping devices, and tobacco products |
|---|
| 5114 | | - | retailer license under this section may be required to for- |
|---|
| 5115 | | - | feit not more than $1,000. |
|---|
| 5116 | | - | SECTION 39. 134.65 (8) of the statutes is amended to |
|---|
| 5117 | | - | read: |
|---|
| 5118 | | - | 134.65 (8) The uniform licensing of cigarette, elec- |
|---|
| 5119 | | - | tronic vaping devices, and tobacco products retailers is a |
|---|
| 5120 | | - | matter of statewide concern. A city, village, or town may |
|---|
| 5121 | | - | adopt an ordinance regulating the issuance, suspension, |
|---|
| 5122 | | - | revocation, or renewal of a license under this section only |
|---|
| 5123 | | - | if the ordinance strictly conforms to this section. If a city, |
|---|
| 5124 | | - | village, or town has in effect on May 1, 2016, an ordi- |
|---|
| 5125 | | - | nance that does not strictly conform to this section, the |
|---|
| 5126 | | - | ordinance does not apply and may not be enforced. |
|---|
| 5127 | | - | SECTION 40. 134.66 (1) (g) of the statutes is amended |
|---|
| 5128 | | - | to read: |
|---|
| 5129 | | - | 134.66 (1) (g) “Retailer” means any person licensed |
|---|
| 5130 | | - | under s. 134.65 (1) (1d). |
|---|
| 5131 | | - | SECTION 40b. 139.01 (2p) of the statutes is created |
|---|
| 5132 | | - | to read: |
|---|
| 5133 | | - | 139.01 (2p) “Division” means the division of alcohol |
|---|
| 5134 | | - | beverages in the department. |
|---|
| 5135 | | - | SECTION 40c. 139.01 (4) of the statutes is amended |
|---|
| 5136 | | - | to read: |
|---|
| 5137 | | - | 139.01 (4) “License,” and “fermented malt bever- |
|---|
| 5138 | | - | ages” have the same meaning as in s. 125.02, and |
|---|
| 5139 | | - | “licensed premises” are premises described in licenses |
|---|
| 5140 | | - | and permits issued by the department division, cities, vil- |
|---|
| 5141 | | - | lages, or towns under the authority of said section. |
|---|
| 5142 | | - | SECTION 40d. 139.01 (4) of the statutes, as affected |
|---|
| 5143 | | - | by 2023 Wisconsin Act .... (this act), section 40c, is |
|---|
| 5144 | | - | amended to read: |
|---|
| 5145 | | - | 139.01 (4) “License,” and “fermented malt bever- |
|---|
| 5146 | | - | ages” have the same meaning as in s. 125.02, and |
|---|
| 5147 | | - | “licensed premises” are premises described in licenses |
|---|
| 5148 | | - | and permits issued by the division, cities, villages, or |
|---|
| 5149 | | - | towns under the authority of said section, other than a |
|---|
| 5150 | | - | permit issued under s. 125.175. |
|---|
| 5151 | | - | SECTION 40e. 139.01 (4) of the statutes, as affected |
|---|
| 5152 | | - | by 2023 Wisconsin Act .... (this act), section 40d, is |
|---|
| 5153 | | - | amended to read: |
|---|
| 5154 | | - | 139.01 (4) “License,” and “fermented malt bever- |
|---|
| 5155 | | - | ages” have the same meaning as in s. 125.02, and |
|---|
| 5156 | | - | “licensed premises” are premises described in licenses |
|---|
| 5157 | | - | and permits issued by the division, cities, villages, or |
|---|
| 5158 | | - | towns under the authority of said section, other than a |
|---|
| 5159 | | - | permit permits issued under s. ss. 125.175 and 125.24. |
|---|
| 5160 | | - | SECTION 40f. 139.01 (6) of the statutes is amended |
|---|
| 5161 | | - | to read: |
|---|
| 5162 | | - | 139.01 (6) A “rectifier” is a person who rectifies, |
|---|
| 5163 | | - | purifies or refines distilled spirits or wines by any process |
|---|
| 5164 | | - | other than by original and continuous distillation from |
|---|
| 5165 | | - | mash, wort or wash, through continuous closed vessels or |
|---|
| 5166 | | - | pipes, until the manufacture thereof is complete, or who |
|---|
| 5167 | | - | has in his or her possession any still or leach tub or keeps |
|---|
| 5168 | | - | any other apparatus for the purpose of refining in any |
|---|
| 5169 | | - | manner distilled spirits or the other liquors, or who after |
|---|
| 5170 | | - | rectifying and purifying distilled spirits, by mixing such |
|---|
| 5171 | | - | spirits or liquors with any materials, manufactures any |
|---|
| 5172 | | - | spurious, imitation or compound liquors for sale, and any |
|---|
| 5173 | | - | person who, without rectifying, purifying or refining dis- |
|---|
| 5174 | | - | tilled spirits, by mixing such spirits with any materials, |
|---|
| 5175 | | - | manufactures any spurious, imitation or compound |
|---|
| 5176 | | - | liquors for sale under the name of “whiskey,” “brandy,” |
|---|
| 5177 | | - | “gin,” “rum,” “spirits,” “cordials” or any other name, and |
|---|
| 5178 | | - | who is also a distiller or is under substantially the same |
|---|
| 5179 | | - | management or control as a distiller. A rectifier may sell |
|---|
| 5180 | | - | at wholesale intoxicating liquors rectified by him or her |
|---|
| 5181 | | - | without any other license than that of a rectifier. “Recti- |
|---|
| 5182 | | - | fier” does not include a “Class B” licensee that prepares, |
|---|
| 5183 | | - | stores, or dispenses mixed drinks in advance of sale in |
|---|
| 5184 | | - | compliance with s. 125.51 (3) (bg). |
|---|
| 5185 | | - | SECTION 40g. 139.03 (5) (a) of the statutes is |
|---|
| 5186 | | - | amended to read: |
|---|
| 5187 | | - | 139.03 (5) (a) No person who enters this state from |
|---|
| 5188 | | - | another state may have in his or her possession and bring |
|---|
| 5189 | | - | into the state any intoxicating liquor or wine. The prohi- |
|---|
| 5190 | | - | bition in this paragraph does not apply to a person who |
|---|
| 5191 | | - | changes his or her domicile from another state or a for- |
|---|
| 5192 | | - | eign country to this state and who brings into this state |
|---|
| 5193 | | - | intoxicating liquor and wine constituting household |
|---|
| 5194 | | - | goods. The prohibition in this paragraph does not apply |
|---|
| 5195 | | - | to intoxicating liquor or wine consigned to any person − 49 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 5196 | | - | having a permit from the secretary division to engage in |
|---|
| 5197 | | - | the sale of such intoxicating liquor or wine. |
|---|
| 5198 | | - | SECTION 40h. 139.04 (4) of the statutes is amended |
|---|
| 5199 | | - | to read: |
|---|
| 5200 | | - | 139.04 (4) Sale or shipment of fermented malt bever- |
|---|
| 5201 | | - | ages by a brewer to a bottler or between brewers, or of |
|---|
| 5202 | | - | intoxicating liquor, whether in bulk or any state of pack- |
|---|
| 5203 | | - | aging, between manufacturers, rectifiers, and wineries. |
|---|
| 5204 | | - | SECTION 40i. 139.06 (3) of the statutes is amended to |
|---|
| 5205 | | - | read: |
|---|
| 5206 | | - | 139.06 (3) In shipping intoxicating liquor, whether in |
|---|
| 5207 | | - | bulk for the purpose of bottling or rectifying to a rectifier |
|---|
| 5208 | | - | located within the state or in any state of packaging, to a |
|---|
| 5209 | | - | manufacturer or rectifier holding a permit under s. |
|---|
| 5210 | | - | 125.52, the manufacturer or rectifier shall securely affix |
|---|
| 5211 | | - | thereto a label or statement, in such form as is prescribed |
|---|
| 5212 | | - | by the secretary, reciting that the shipment is made for the |
|---|
| 5213 | | - | purpose of bottling or rectifying a tax−exempt transfer |
|---|
| 5214 | | - | between producers as authorized under s. 139.04 (4). |
|---|
| 5215 | | - | Each manufacturer or rectifier making such shipments |
|---|
| 5216 | | - | shall file an information report that shows the dates and |
|---|
| 5217 | | - | quantities of shipments and the name and address of each |
|---|
| 5218 | | - | consignee. |
|---|
| 5219 | | - | SECTION 40j. 139.08 (3) of the statutes is amended |
|---|
| 5220 | | - | to read: |
|---|
| 5221 | | - | 139.08 (3) POLICE POWERS. The department of rev- |
|---|
| 5222 | | - | enue shall enforce and the duly authorized employees of |
|---|
| 5223 | | - | the department shall have all necessary police powers to |
|---|
| 5224 | | - | prevent violations of s. 134.65, and this subchapter and |
|---|
| 5225 | | - | ch. 125. |
|---|
| 5226 | | - | SECTION 40k. 139.08 (4) of the statutes is amended |
|---|
| 5227 | | - | to read: |
|---|
| 5228 | | - | 139.08 (4) INSPECTION FOR ENFORCEMENT. Duly |
|---|
| 5229 | | - | authorized employees of the department of justice and |
|---|
| 5230 | | - | the department of revenue and any sheriff, police officer, |
|---|
| 5231 | | - | marshal, or constable, within their respective jurisdic- |
|---|
| 5232 | | - | tions, may at all reasonable hours enter any licensed |
|---|
| 5233 | | - | premises, and examine the books, papers, and records of |
|---|
| 5234 | | - | any brewer, brewpub, manufacturer, bottler, rectifier, |
|---|
| 5235 | | - | wholesaler, or retailer, for the purpose of inspecting the |
|---|
| 5236 | | - | same and determining whether the tax and fee imposed |
|---|
| 5237 | | - | by ss. 139.01 to 139.25 have been fully paid, and may |
|---|
| 5238 | | - | inspect and examine, according to law, any premises |
|---|
| 5239 | | - | where fermented malt beverages or intoxicating liquors |
|---|
| 5240 | | - | are manufactured, sold, exposed for sale, possessed, or |
|---|
| 5241 | | - | stored, for the purpose of inspecting the same and deter- |
|---|
| 5242 | | - | mining whether the tax imposed by ss. 139.01 to 139.25 |
|---|
| 5243 | | - | has been fully paid, and whether ss. 139.01 to 139.25 and |
|---|
| 5244 | | - | ch. 125 are being complied with. Any refusal to permit |
|---|
| 5245 | | - | such examination of such premises is sufficient grounds |
|---|
| 5246 | | - | under s. 125.12 for revocation or suspension of any |
|---|
| 5247 | | - | license or permit granted for the sale of any fermented |
|---|
| 5248 | | - | malt beverages or intoxicating liquors and is punishable |
|---|
| 5249 | | - | under s. 139.25 (10). |
|---|
| 5250 | | - | SECTION 40m. 139.08 (5) of the statutes is created to |
|---|
| 5251 | | - | read: |
|---|
| 5252 | | - | 139.08 (5) RETENTION OF CERTAIN RECORDS. Notwith- |
|---|
| 5253 | | - | standing any retention schedule established for the |
|---|
| 5254 | | - | department’s records under s. 16.61, the department shall |
|---|
| 5255 | | - | retain for 3 years after receipt by the department all |
|---|
| 5256 | | - | reports submitted to the division under ss. 125.22 (2) and |
|---|
| 5257 | | - | 125.23 (5) and all records received by the division relat- |
|---|
| 5258 | | - | ing to these reports. |
|---|
| 5259 | | - | SECTION 40n. 139.11 (1) of the statutes is amended |
|---|
| 5260 | | - | to read: |
|---|
| 5261 | | - | 139.11 (1) PRESERVATION OF RECORDS. Every person |
|---|
| 5262 | | - | who manufactures, rectifies, distributes, imports, trans- |
|---|
| 5263 | | - | ports, stores, warehouses, or sells intoxicating liquor or |
|---|
| 5264 | | - | fermented malt beverages shall keep complete and accu- |
|---|
| 5265 | | - | rate records of all such liquor or malt beverages pur- |
|---|
| 5266 | | - | chased, sold, manufactured, rectified, brewed, fer- |
|---|
| 5267 | | - | mented, distilled, produced, stored, warehoused, |
|---|
| 5268 | | - | imported, or transported within this state. Such records |
|---|
| 5269 | | - | shall be of a kind and in the form prescribed by the secre- |
|---|
| 5270 | | - | tary and shall be safely preserved to ensure accessibility |
|---|
| 5271 | | - | for inspection by the secretary or by the division as pro- |
|---|
| 5272 | | - | vided in s. 125.025 (3). A person required to keep records |
|---|
| 5273 | | - | under this subsection may keep such records in electronic |
|---|
| 5274 | | - | form only. |
|---|
| 5275 | | - | SECTION 40o. 139.11 (1) of the statutes, as affected |
|---|
| 5276 | | - | by 2023 Wisconsin Act .... (this act), is amended to read: |
|---|
| 5277 | | - | 139.11 (1) PRESERVATION OF RECORDS. Every person |
|---|
| 5278 | | - | who manufactures, rectifies, distributes, imports, trans- |
|---|
| 5279 | | - | ports, stores, warehouses, or sells intoxicating liquor or |
|---|
| 5280 | | - | fermented malt beverages shall keep complete and accu- |
|---|
| 5281 | | - | rate records of all such liquor or malt beverages pur- |
|---|
| 5282 | | - | chased, sold, manufactured, rectified, brewed, fer- |
|---|
| 5283 | | - | mented, distilled, produced, stored, warehoused, |
|---|
| 5284 | | - | imported, or transported within this state. Such records |
|---|
| 5285 | | - | shall be of a kind and in the form prescribed by the secre- |
|---|
| 5286 | | - | tary and shall be safely preserved to ensure accessibility |
|---|
| 5287 | | - | for inspection by the secretary or by the division as pro- |
|---|
| 5288 | | - | vided in s. 125.025 (3). A person required to keep records |
|---|
| 5289 | | - | under this subsection may keep such records in electronic |
|---|
| 5290 | | - | form only. Any common carrier or fulfillment house |
|---|
| 5291 | | - | required to submit reports under s. 125.22 or 125.23 shall |
|---|
| 5292 | | - | maintain, for 3 years, all records related to the reports or |
|---|
| 5293 | | - | otherwise required to be kept under this subsection. |
|---|
| 5294 | | - | SECTION 41. 139.11 (4) (a) (intro.) of the statutes is |
|---|
| 5295 | | - | amended to read: |
|---|
| 5296 | | - | 139.11 (4) (a) (intro.) Sections 71.78 (1), (1g), (1m), |
|---|
| 5297 | | - | and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating to con- |
|---|
| 5298 | | - | fidentiality of income and franchise tax returns, apply to |
|---|
| 5299 | | - | any information obtained from any person on a fer- |
|---|
| 5300 | | - | mented malt beverage tax return, report, schedule, |
|---|
| 5301 | | - | exhibit, or other document or from an audit report relat- |
|---|
| 5302 | | - | ing to any of those documents, except that the department |
|---|
| 5303 | | - | of revenue shall publish the following: |
|---|
| 5304 | | - | SECTION 41b. 139.11 (4) (a) 2. of the statutes is |
|---|
| 5305 | | - | amended to read: |
|---|
| 5306 | | - | 139.11 (4) (a) 2. A current list, available on paper and |
|---|
| 5307 | | - | on the department’s Internet site, providing detailed − 50 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 5308 | | - | information regarding every person issued a wholesalers |
|---|
| 5309 | | - | permit under s. 125.28, brewers permit under s. 125.29, |
|---|
| 5310 | | - | brewpub permit under s. 125.295, or out−of−state ship- |
|---|
| 5311 | | - | pers permit under s. 125.30. The information provided |
|---|
| 5312 | | - | under this subdivision shall include the name and address |
|---|
| 5313 | | - | of the permit holder and the date on which the department |
|---|
| 5314 | | - | division issued the permit. |
|---|
| 5315 | | - | SECTION 41c. 139.11 (4) (b) 2. of the statutes is |
|---|
| 5316 | | - | amended to read: |
|---|
| 5317 | | - | 139.11 (4) (b) 2. A current and regularly updated list, |
|---|
| 5318 | | - | made available on paper and on the department’s Internet |
|---|
| 5319 | | - | website, of permit holders that minimally includes |
|---|
| 5320 | | - | detailed information on the name, address, contact per- |
|---|
| 5321 | | - | son, and date of permit issuance for every common car- |
|---|
| 5322 | | - | rier permit issued under s. 125.22, fulfillment house per- |
|---|
| 5323 | | - | mit issued under s. 125.23, manufacturer’s and rectifier’s |
|---|
| 5324 | | - | permit issued under s. 125.52, winery permit issued |
|---|
| 5325 | | - | under s. 125.53, direct wine shipper’s permit issued |
|---|
| 5326 | | - | under s. 125.535, wholesaler’s permit issued under s. |
|---|
| 5327 | | - | 125.54, and out−of−state shipper’s permit issued under s. |
|---|
| 5328 | | - | 125.58. |
|---|
| 5329 | | - | SECTION 41d. 139.22 of the statutes is amended to |
|---|
| 5330 | | - | read: |
|---|
| 5331 | | - | 139.22 Confiscation. If a duly authorized employee |
|---|
| 5332 | | - | of the department of revenue or the department of justice |
|---|
| 5333 | | - | or any sheriff, police officer, marshal, or constable, |
|---|
| 5334 | | - | within his or her respective jurisdiction, discovers any |
|---|
| 5335 | | - | fermented malt beverages upon any premises other than |
|---|
| 5336 | | - | the premises of a brewer, brewpub, or bottler, or any |
|---|
| 5337 | | - | intoxicating liquor upon any premises other than the |
|---|
| 5338 | | - | premises of a manufacturer, rectifier, winery, or whole- |
|---|
| 5339 | | - | saler, and upon which the tax has not been paid or which |
|---|
| 5340 | | - | was possessed, kept, stored, manufactured, sold, distrib- |
|---|
| 5341 | | - | uted, or transported in violation of ss. 139.01 to 139.25 |
|---|
| 5342 | | - | and ch. 125, the employee or any such officer may imme- |
|---|
| 5343 | | - | diately seize the fermented malt beverages or intoxicat- |
|---|
| 5344 | | - | ing liquors. Any such fermented malt beverages or |
|---|
| 5345 | | - | intoxicating liquors so seized shall be held transferred by |
|---|
| 5346 | | - | the department of revenue to the division and disposed of |
|---|
| 5347 | | - | under s. 125.14 (2) (e). |
|---|
| 5348 | | - | SECTION 41e. 139.25 (9) of the statutes is amended |
|---|
| 5349 | | - | to read: |
|---|
| 5350 | | - | 139.25 (9) FAILURE TO KEEP RECORDS. Failure to com- |
|---|
| 5351 | | - | ply with s. 139.11 (1) shall carry a penalty of revocation |
|---|
| 5352 | | - | by the secretary of revenue division of the license or per- |
|---|
| 5353 | | - | mit. |
|---|
| 5354 | | - | SECTION 42. 139.38 (6) of the statutes is amended to |
|---|
| 5355 | | - | read: |
|---|
| 5356 | | - | 139.38 (6) Sections 71.78 (1), (1g), (1m), and (4) to |
|---|
| 5357 | | - | (9) and 71.83 (2) (a) 3. and 3m., relating to confidentiality |
|---|
| 5358 | | - | of income and franchise tax returns, apply to any infor- |
|---|
| 5359 | | - | mation obtained from any person on a cigarette tax |
|---|
| 5360 | | - | return, report, schedule, exhibit, or other document or |
|---|
| 5361 | | - | from an audit report pertaining to the return, report, |
|---|
| 5362 | | - | schedule, exhibit, or document, except that the depart- |
|---|
| 5363 | | - | ment shall publish on its Internet site website, at least |
|---|
| 5364 | | - | quarterly, a current list of permits issued to distributors |
|---|
| 5365 | | - | and jobbers under s. 139.34 and include on the list the |
|---|
| 5366 | | - | name and address of the permit holder and the date on |
|---|
| 5367 | | - | which the department issued the permit. |
|---|
| 5368 | | - | SECTION 43. 139.44 (2) of the statutes is amended to |
|---|
| 5369 | | - | read: |
|---|
| 5370 | | - | 139.44 (2) Any person who makes or signs any false |
|---|
| 5371 | | - | or fraudulent report or who attempts to evade the tax |
|---|
| 5372 | | - | imposed by s. 139.31 or 139.76, or who aids in or abets |
|---|
| 5373 | | - | the evasion or attempted evasion of that tax may be fined |
|---|
| 5374 | | - | not more than $10,000 or imprisoned for not more than |
|---|
| 5375 | | - | 9 months or both. |
|---|
| 5376 | | - | SECTION 44. 139.44 (2m) of the statutes is created to |
|---|
| 5377 | | - | read: |
|---|
| 5378 | | - | 139.44 (2m) Any person who evades or attempts to |
|---|
| 5379 | | - | evade, or who aids or abets the evasion or attempted eva- |
|---|
| 5380 | | - | sion of, a tax imposed under s. 139.31 or 139.76 is guilty |
|---|
| 5381 | | - | of the following: |
|---|
| 5382 | | - | (a) A Class A misdemeanor if the amount of the tax |
|---|
| 5383 | | - | is no more than $2,500. |
|---|
| 5384 | | - | (b) A Class I felony if the amount of the tax is more |
|---|
| 5385 | | - | than $2,500, but no more than $5,000. |
|---|
| 5386 | | - | (c) A Class H felony if the amount of the tax is more |
|---|
| 5387 | | - | than $5,000, but no more than $10,000. |
|---|
| 5388 | | - | (d) A Class G felony if the amount of the tax is more |
|---|
| 5389 | | - | than $10,000, but no more than $100,000. |
|---|
| 5390 | | - | (e) A Class F felony if the amount of the tax is more |
|---|
| 5391 | | - | than $100,000. |
|---|
| 5392 | | - | SECTION 45. 139.44 (8) (a) of the statutes is amended |
|---|
| 5393 | | - | to read: |
|---|
| 5394 | | - | 139.44 (8) (a) If the number of cigarettes does not |
|---|
| 5395 | | - | exceed 6,000, a fine of 200, the person may be fined not |
|---|
| 5396 | | - | more than $200 or imprisonment imprisoned for not |
|---|
| 5397 | | - | more than 6 months or both. |
|---|
| 5398 | | - | SECTION 46. 139.44 (8) (am) of the statutes is created |
|---|
| 5399 | | - | to read: |
|---|
| 5400 | | - | 139.44 (8) (am) If the number of cigarettes exceeds |
|---|
| 5401 | | - | 200 but does not exceed 3,000, the person may be fined |
|---|
| 5402 | | - | not more than $1,000 or imprisoned for not more than one |
|---|
| 5403 | | - | year or both. |
|---|
| 5404 | | - | SECTION 47. 139.44 (8) (b) and (c) of the statutes are |
|---|
| 5405 | | - | amended to read: |
|---|
| 5406 | | - | 139.44 (8) (b) If the number of cigarettes exceeds |
|---|
| 5407 | | - | 6,000 3,000 but does not exceed 36,000, a fine of not |
|---|
| 5408 | | - | more than $1,000 or imprisonment for not more than one |
|---|
| 5409 | | - | year in the county jail or both 5,000, the person is guilty |
|---|
| 5410 | | - | of a Class I felony. |
|---|
| 5411 | | - | (c) If the number of cigarettes exceeds 36,000 5,000 |
|---|
| 5412 | | - | but does not exceed 10,000, the person is guilty of a Class |
|---|
| 5413 | | - | I H felony. |
|---|
| 5414 | | - | SECTION 48. 139.44 (8) (d) of the statutes is created |
|---|
| 5415 | | - | to read: |
|---|
| 5416 | | - | 139.44 (8) (d) If the number of cigarettes exceeds |
|---|
| 5417 | | - | 10,000, the person is guilty of a Class F felony. |
|---|
| 5418 | | - | SECTION 49. 139.82 (6) of the statutes is amended to |
|---|
| 5419 | | - | read: − 51 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 5420 | | - | 139.82 (6) Sections 71.78 (1), (1g), (1m), and (4) to |
|---|
| 5421 | | - | (9) and 71.83 (2) (a) 3. and 3m., relating to confidentiality |
|---|
| 5422 | | - | of income and franchise tax returns, apply to any infor- |
|---|
| 5423 | | - | mation obtained from any person on a cigarette tax |
|---|
| 5424 | | - | return, report, schedule, exhibit, or other document or |
|---|
| 5425 | | - | from an audit report pertaining to the return, report, |
|---|
| 5426 | | - | schedule, exhibit, or document, except that the depart- |
|---|
| 5427 | | - | ment shall publish on its Internet site website, at least |
|---|
| 5428 | | - | quarterly, a current list of permits issued to distributors |
|---|
| 5429 | | - | and jobbers under s. 139.34 and include on the list the |
|---|
| 5430 | | - | name and address of the permit holder and the date on |
|---|
| 5431 | | - | which the department issued the permit. |
|---|
| 5432 | | - | SECTION 49c. 185.043 (2) of the statutes is amended |
|---|
| 5433 | | - | to read: |
|---|
| 5434 | | - | 185.043 (2) If the cooperative is formed for purposes |
|---|
| 5435 | | - | of operating as a small winery cooperative wholesaler |
|---|
| 5436 | | - | under s. 125.545, 3 or more individuals, at least one of |
|---|
| 5437 | | - | whom must be a resident and all of which must be owners |
|---|
| 5438 | | - | of small wineries certified by the division of alcohol bev- |
|---|
| 5439 | | - | erages in the department of revenue under s. 125.545 (6) |
|---|
| 5440 | | - | (a), may form a cooperative by signing, acknowledging, |
|---|
| 5441 | | - | and filing articles. Membership in a cooperative formed |
|---|
| 5442 | | - | under this subsection is limited to small wineries certified |
|---|
| 5443 | | - | by the department of revenue division of alcohol bever- |
|---|
| 5444 | | - | ages under s. 125.545 (6) (a). |
|---|
| 5445 | | - | SECTION 49d. 185.043 (2) of the statutes, as affected |
|---|
| 5446 | | - | by 2023 Wisconsin Act .... (this act), is amended to read: |
|---|
| 5447 | | - | 185.043 (2) If the cooperative is formed for purposes |
|---|
| 5448 | | - | of operating as a small winery cooperative wholesaler |
|---|
| 5449 | | - | under s. 125.545, 3 or more individuals, at least one of |
|---|
| 5450 | | - | whom must be a resident and all of which must be owners |
|---|
| 5451 | | - | of small wineries or small manufacturers certified by the |
|---|
| 5452 | | - | division of alcohol beverages in the department of rev- |
|---|
| 5453 | | - | enue under s. 125.545 (6) (a), may form a cooperative by |
|---|
| 5454 | | - | signing, acknowledging, and filing articles. Membership |
|---|
| 5455 | | - | in a cooperative formed under this subsection is limited |
|---|
| 5456 | | - | to small wineries or small manufacturers certified by the |
|---|
| 5457 | | - | division of alcohol beverages under s. 125.545 (6) (a). |
|---|
| 5458 | | - | SECTION 49e. 227.52 (1) of the statutes is amended |
|---|
| 5459 | | - | to read: |
|---|
| 5460 | | - | 227.52 (1) Decisions of the department of revenue |
|---|
| 5461 | | - | other than decisions relating to alcohol beverage permits |
|---|
| 5462 | | - | issued under ch. 125. |
|---|
| 5463 | | - | SECTION 49f. 230.08 (2) (e) 11. of the statutes is |
|---|
| 5464 | | - | amended to read: |
|---|
| 5465 | | - | 230.08 (2) (e) 11. Revenue — 7 8. |
|---|
| 5466 | | - | SECTION 50. 230.36 (1m) (b) 2. (intro.) of the statutes |
|---|
| 5467 | | - | is amended to read: |
|---|
| 5468 | | - | 230.36 (1m) (b) 2. (intro.) A conservation warden, |
|---|
| 5469 | | - | conservation patrol boat captain, conservation patrol |
|---|
| 5470 | | - | boat engineer, member of the state patrol, state motor |
|---|
| 5471 | | - | vehicle inspector, University of Wisconsin System police |
|---|
| 5472 | | - | officer, security officer, or security person, other state |
|---|
| 5473 | | - | facilities police officer, special tax agent, excise tax |
|---|
| 5474 | | - | investigator special agent employed by the department of |
|---|
| 5475 | | - | revenue who is authorized to act under s. 73.031, and spe- |
|---|
| 5476 | | - | cial criminal investigation agent employed by the depart- |
|---|
| 5477 | | - | ment of justice at all times while: |
|---|
| 5478 | | - | SECTION 51. 230.36 (2m) (a) 9. of the statutes is |
|---|
| 5479 | | - | amended to read: |
|---|
| 5480 | | - | 230.36 (2m) (a) 9. A excise tax investigator special |
|---|
| 5481 | | - | agent employed by the department of revenue who is |
|---|
| 5482 | | - | authorized to act under s. 73.031. |
|---|
| 5483 | | - | SECTION 51m. 346.657 (1) of the statutes, as affected |
|---|
| 5484 | | - | by 2023 Wisconsin Act 9, is amended to read: |
|---|
| 5485 | | - | 346.657 (1) If a court imposes a fine or a forfeiture |
|---|
| 5486 | | - | for a violation of s. 346.62 or 346.63 (1) or (5), or a local |
|---|
| 5487 | | - | ordinance in conformity therewith, or s. 346.63 (2) or (6) |
|---|
| 5488 | | - | or 940.25, or s. 940.09 where the offense involved the use |
|---|
| 5489 | | - | of a vehicle, it shall impose a safe ride program surcharge |
|---|
| 5490 | | - | under ch. 814 in an amount of $50 $75 in addition to the |
|---|
| 5491 | | - | fine or forfeiture, plus costs, fees, and other surcharges |
|---|
| 5492 | | - | imposed under ch. 814. |
|---|
| 5493 | | - | SECTION 52. 565.01 (6c) of the statutes is created to |
|---|
| 5494 | | - | read: |
|---|
| 5495 | | - | 565.01 (6c) “Special agent” means any employee of |
|---|
| 5496 | | - | the department authorized to act under s. 73.031. |
|---|
| 5497 | | - | SECTION 53. 565.02 (8) (e) of the statutes is renum- |
|---|
| 5498 | | - | bered 565.02 (9) (a). |
|---|
| 5499 | | - | SECTION 54. 565.02 (8) (f) of the statutes is renum- |
|---|
| 5500 | | - | bered 565.02 (9) (b) and amended to read: |
|---|
| 5501 | | - | 565.02 (9) (b) If the division of criminal investigation |
|---|
| 5502 | | - | in the department of justice chooses not to investigate a |
|---|
| 5503 | | - | report under par. (e), coordinate Coordinate an investiga- |
|---|
| 5504 | | - | tion of the suspected gaming−related criminal activity |
|---|
| 5505 | | - | with local law enforcement officials and district attor- |
|---|
| 5506 | | - | neys. |
|---|
| 5507 | | - | SECTION 55. 565.02 (9) (intro.) of the statutes is cre- |
|---|
| 5508 | | - | ated to read: |
|---|
| 5509 | | - | 565.02 (9) (intro.) The department may do all of the |
|---|
| 5510 | | - | following: |
|---|
| 5511 | | - | SECTION 56. 565.17 (5) (a) of the statutes is amended |
|---|
| 5512 | | - | to read: |
|---|
| 5513 | | - | 565.17 (5) (a) No Except as provided under par. (d), |
|---|
| 5514 | | - | no employee in the lottery division of the department or |
|---|
| 5515 | | - | the secretary, deputy secretary, or assistant deputy secre- |
|---|
| 5516 | | - | tary of revenue and no member of such a person’s imme- |
|---|
| 5517 | | - | diate family, as defined in s. 19.42 (7), may purchase a |
|---|
| 5518 | | - | lottery ticket or lottery share. |
|---|
| 5519 | | - | SECTION 57. 565.17 (5) (d) of the statutes is created |
|---|
| 5520 | | - | to read: |
|---|
| 5521 | | - | 565.17 (5) (d) An employee in the lottery division of |
|---|
| 5522 | | - | the department may purchase a lottery ticket or lottery |
|---|
| 5523 | | - | share if the purchase is on behalf of the lottery division |
|---|
| 5524 | | - | of the department and is a part of an official lottery inves- |
|---|
| 5525 | | - | tigation. No person may share or assign a lottery ticket |
|---|
| 5526 | | - | or lottery share purchased under this paragraph and no |
|---|
| 5527 | | - | person may claim any prize or winnings from a lottery |
|---|
| 5528 | | - | ticket or lottery share purchased under this paragraph. |
|---|
| 5529 | | - | SECTION 58. 565.40 (title) of the statutes is amended |
|---|
| 5530 | | - | to read: − 52 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 5531 | | - | 565.40 (title) Department of justice enforcement |
|---|
| 5532 | | - | Enforcement authority. |
|---|
| 5533 | | - | SECTION 59. 565.40 (4) of the statutes is created to |
|---|
| 5534 | | - | read: |
|---|
| 5535 | | - | 565.40 (4) POLICE POWERS. The department may |
|---|
| 5536 | | - | enforce violations of this chapter, and special agents may |
|---|
| 5537 | | - | exercise their arrest authority under s. 73.031 to enforce |
|---|
| 5538 | | - | violations of this chapter. This subsection does not |
|---|
| 5539 | | - | deprive or relieve other law enforcement or peace offi- |
|---|
| 5540 | | - | cers of the power and duty to enforce violations of this |
|---|
| 5541 | | - | chapter. |
|---|
| 5542 | | - | SECTION 60. 565.50 (2) of the statutes is amended to |
|---|
| 5543 | | - | read: |
|---|
| 5544 | | - | 565.50 (2) Any person who alters or, forges, counter- |
|---|
| 5545 | | - | feits, or illegally obtains a lottery ticket or share or inten- |
|---|
| 5546 | | - | tionally utters or transfers an altered or, forged, counter- |
|---|
| 5547 | | - | feit, or illegally obtained lottery ticket or share is guilty |
|---|
| 5548 | | - | of a Class I felony. |
|---|
| 5549 | | - | SECTION 61. 565.50 (2m) of the statutes is created to |
|---|
| 5550 | | - | read: |
|---|
| 5551 | | - | 565.50 (2m) Any person who claims a lottery prize |
|---|
| 5552 | | - | from a winning lottery ticket or share and then transfers |
|---|
| 5553 | | - | the same winning lottery ticket or share to another person |
|---|
| 5554 | | - | is guilty of a Class I felony. |
|---|
| 5555 | | - | SECTION 62. 565.50 (3) of the statutes is amended to |
|---|
| 5556 | | - | read: |
|---|
| 5557 | | - | 565.50 (3) Any person who possesses an altered or, |
|---|
| 5558 | | - | forged, counterfeit, or illegally obtained lottery ticket or |
|---|
| 5559 | | - | share, or a winning lottery ticket or share for which the |
|---|
| 5560 | | - | prize has been previously claimed, with intent to defraud |
|---|
| 5561 | | - | shall be fined not more than $10,000 or imprisoned for |
|---|
| 5562 | | - | not more than 9 months or both. |
|---|
| 5563 | | - | SECTION 63. 565.50 (4) of the statutes is created to |
|---|
| 5564 | | - | read: |
|---|
| 5565 | | - | 565.50 (4) Any person who transfers a lottery ticket |
|---|
| 5566 | | - | or share to another person, presents a transferred lottery |
|---|
| 5567 | | - | ticket or share for payment of a lottery prize, or claims a |
|---|
| 5568 | | - | lottery prize from a transferred ticket or share with intent |
|---|
| 5569 | | - | to avoid withholding under s. 565.30 (4), (5), (5m), or |
|---|
| 5570 | | - | (5r) shall be fined not more than $10,000 or imprisoned |
|---|
| 5571 | | - | for not more than 9 months or both. |
|---|
| 5572 | | - | SECTION 64. 946.82 (4) of the statutes, as affected by |
|---|
| 5573 | | - | 2023 Wisconsin Act 10, is amended to read: |
|---|
| 5574 | | - | 946.82 (4) “Racketeering activity” means any activ- |
|---|
| 5575 | | - | ity specified in 18 USC 1961 (1) in effect as of |
|---|
| 5576 | | - | April 27, 1982, or the attempt, conspiracy to commit, or |
|---|
| 5577 | | - | commission of any of the felonies specified in: chs. 945 |
|---|
| 5578 | | - | and 961, subch. V of ch. 551, and ss. 49.49, 134.05, |
|---|
| 5579 | | - | 139.44 (1), (2m), and (8), 180.0129, 181.0129, 185.825, |
|---|
| 5580 | | - | 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, |
|---|
| 5581 | | - | 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 |
|---|
| 5582 | | - | (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, |
|---|
| 5583 | | - | 940.302 (2), 940.305, 940.31, 941.20 (2) and (3), 941.26, |
|---|
| 5584 | | - | 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), |
|---|
| 5585 | | - | (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, |
|---|
| 5586 | | - | 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), |
|---|
| 5587 | | - | 943.201, 943.203, 943.23 (2) and (3), 943.231 (1), |
|---|
| 5588 | | - | 943.24 (2), 943.27, 943.28, 943.30, 943.32, 943.34 (1) |
|---|
| 5589 | | - | (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) |
|---|
| 5590 | | - | and (c), 943.50 (4) (bf), (bm), and (c) and (4m), 943.60, |
|---|
| 5591 | | - | 943.70, 943.76, 943.81, 943.82, 943.83, 943.84, 943.85, |
|---|
| 5592 | | - | 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) |
|---|
| 5593 | | - | and (e), 944.32, 944.34, 945.03 (1m), 945.04 (1m), |
|---|
| 5594 | | - | 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, |
|---|
| 5595 | | - | 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, |
|---|
| 5596 | | - | 946.65, 946.72, 946.76, 946.79, 947.015, 948.05, |
|---|
| 5597 | | - | 948.051, 948.08, 948.12, and 948.30. |
|---|
| 5598 | | - | SECTION 64a. 995.15 of the statutes is created to read: |
|---|
| 5599 | | - | 995.15 Electronic vaping device directory. (1) In |
|---|
| 5600 | | - | this section: |
|---|
| 5601 | | - | (a) “Department” means the department of revenue. |
|---|
| 5602 | | - | (b) “Electronic vaping device” has the meaning |
|---|
| 5603 | | - | given in s. 134.65 (1a) (b). |
|---|
| 5604 | | - | (2) No later than July 1, 2025, and annually there- |
|---|
| 5605 | | - | after, every manufacturer of electronic vaping devices |
|---|
| 5606 | | - | that are sold in this state, either directly by the manufac- |
|---|
| 5607 | | - | turer or through a distributor, wholesaler, retailer, or sim- |
|---|
| 5608 | | - | ilar intermediary, shall certify to the department, on a |
|---|
| 5609 | | - | form and in the manner prescribed by the department, |
|---|
| 5610 | | - | that the manufacturer shall comply with this section and |
|---|
| 5611 | | - | that either of the following apply: |
|---|
| 5612 | | - | (a) The manufacturer has received a marketing |
|---|
| 5613 | | - | authorization or similar order for the electronic vaping |
|---|
| 5614 | | - | device from the U.S. food and drug administration pur- |
|---|
| 5615 | | - | suant to 21 USC 387j. |
|---|
| 5616 | | - | (b) The electronic vaping device was marketed in the |
|---|
| 5617 | | - | United States as of August 8, 2016, the manufacturer sub- |
|---|
| 5618 | | - | mitted a pre−market tobacco product application for the |
|---|
| 5619 | | - | electronic vaping device to the U.S. food and drug |
|---|
| 5620 | | - | administration pursuant to 21 USC 387j on or before Sep- |
|---|
| 5621 | | - | tember 9, 2020, and either the application remains under |
|---|
| 5622 | | - | review by the U.S. food and drug administration or a final |
|---|
| 5623 | | - | decision on the application has not otherwise taken |
|---|
| 5624 | | - | effect. |
|---|
| 5625 | | - | (3) At the time a manufacturer of electronic vaping |
|---|
| 5626 | | - | devices submits the form under sub. (2), a manufacturer |
|---|
| 5627 | | - | of electronic vaping devices shall submit, in the manner |
|---|
| 5628 | | - | prescribed by the department, a form that separately lists |
|---|
| 5629 | | - | each of the manufacturer’s electronic vaping devices that |
|---|
| 5630 | | - | are available for sale in this state. The manufacturer shall |
|---|
| 5631 | | - | submit with the form, and in each year thereafter, a pay- |
|---|
| 5632 | | - | ment equal to the number of devices listed on the form, |
|---|
| 5633 | | - | multiplied by $500. |
|---|
| 5634 | | - | (4) The submissions to the department under subs. |
|---|
| 5635 | | - | (2) and (3) shall include a copy of the marketing authori- |
|---|
| 5636 | | - | zation or similar order for the electronic vaping device |
|---|
| 5637 | | - | issued by the U.S. food and drug administration pursuant |
|---|
| 5638 | | - | to 21 USC 387j, as provided under sub. (2) (a), or evi- |
|---|
| 5639 | | - | dence that the pre−market tobacco product application |
|---|
| 5640 | | - | for the electronic vaping device was submitted to the U.S. |
|---|
| 5641 | | - | food and drug administration, as provided under sub. (2) − 53 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 5642 | | - | (b), and a final decision on the application has not other- |
|---|
| 5643 | | - | wise taken effect. |
|---|
| 5644 | | - | (5) A manufacturer that is required to submit a certifi- |
|---|
| 5645 | | - | cation form under this section shall notify the department |
|---|
| 5646 | | - | within 30 days of any material change to the information |
|---|
| 5647 | | - | contained in the certification form, including the |
|---|
| 5648 | | - | issuance or denial of a marketing authorization or similar |
|---|
| 5649 | | - | order by the U.S. food and drug administration pursuant |
|---|
| 5650 | | - | to 21 USC 387j, as provided under sub. (2) (a), or any |
|---|
| 5651 | | - | other order or action by the U.S. food and drug adminis- |
|---|
| 5652 | | - | tration that affects the ability of the electronic vaping |
|---|
| 5653 | | - | device to be introduced or delivered into interstate com- |
|---|
| 5654 | | - | merce for commercial distribution in the United States. |
|---|
| 5655 | | - | (6) Beginning March 1, 2025, the department shall |
|---|
| 5656 | | - | maintain and make publicly available on its website a |
|---|
| 5657 | | - | directory that lists all electronic vaping device manufac- |
|---|
| 5658 | | - | turers and electronic vaping devices for which certifica- |
|---|
| 5659 | | - | tion forms have been submitted and shall update the |
|---|
| 5660 | | - | directory at least monthly to ensure accuracy. |
|---|
| 5661 | | - | (7) (a) The department shall provide manufacturers |
|---|
| 5662 | | - | notice and an opportunity to cure deficiencies in the |
|---|
| 5663 | | - | directory maintained under sub. (6) before removing |
|---|
| 5664 | | - | manufacturers or electronic vaping devices from the |
|---|
| 5665 | | - | directory. The department may remove a manufacturer |
|---|
| 5666 | | - | or the manufacturer’s devices from the directory no |
|---|
| 5667 | | - | sooner than 15 business days after the date on which the |
|---|
| 5668 | | - | department sends the manufacturer notice under this |
|---|
| 5669 | | - | paragraph. The department shall send the notice under |
|---|
| 5670 | | - | this paragraph by email or facsimile to the email address |
|---|
| 5671 | | - | or facsimile number provided by the manufacturer in the |
|---|
| 5672 | | - | manufacturer’s most recent certification submitted under |
|---|
| 5673 | | - | this section. |
|---|
| 5674 | | - | (b) A manufacturer that receives notice under par. (a) |
|---|
| 5675 | | - | has no more than 15 business days to respond to the notice |
|---|
| 5676 | | - | and provide sufficient information, as determined by the |
|---|
| 5677 | | - | department, in order for the manufacturer or the manu- |
|---|
| 5678 | | - | facturer’s electronic vaping devices to remain in the |
|---|
| 5679 | | - | directory maintained under sub. (6). |
|---|
| 5680 | | - | (c) A determination by the department to not include |
|---|
| 5681 | | - | or to remove from the directory maintained under sub. (6) |
|---|
| 5682 | | - | a manufacturer or an electronic vaping device shall be |
|---|
| 5683 | | - | subject to review by the filing of a civil action for |
|---|
| 5684 | | - | prospective declaratory or injunctive relief. |
|---|
| 5685 | | - | (8) If an electronic vaping device is removed from the |
|---|
| 5686 | | - | directory maintained under sub. (6), each retailer, distrib- |
|---|
| 5687 | | - | utor, and wholesaler that has such a device in its inven- |
|---|
| 5688 | | - | tory shall remove the device from its inventory no later |
|---|
| 5689 | | - | 21 days after the date on which the device is removed |
|---|
| 5690 | | - | from the directory and return the device to the manufac- |
|---|
| 5691 | | - | turer for disposal. After 21 days following removal from |
|---|
| 5692 | | - | the directory, the electronic vaping devices of a manufac- |
|---|
| 5693 | | - | turer identified in the notice under sub. (7) (a) are subject |
|---|
| 5694 | | - | to seizure, forfeiture, and destruction, and may not be |
|---|
| 5695 | | - | purchased or sold in this state. The cost of such seizure, |
|---|
| 5696 | | - | forfeiture, and destruction shall be borne by the person |
|---|
| 5697 | | - | from whom the electronic vaping devices are confis- |
|---|
| 5698 | | - | cated. |
|---|
| 5699 | | - | (9) (a) Beginning March 1, 2025, or on the date that |
|---|
| 5700 | | - | the department first makes the directory maintained |
|---|
| 5701 | | - | under sub. (6) available for public inspection on its web- |
|---|
| 5702 | | - | site, whichever is later, the department shall impose on |
|---|
| 5703 | | - | each retailer who sells or offers for sale an electronic vap- |
|---|
| 5704 | | - | ing device in this state that is not included in the directory |
|---|
| 5705 | | - | a forfeiture of $1,000 per day for each electronic vaping |
|---|
| 5706 | | - | device offered for sale in violation of this section until |
|---|
| 5707 | | - | each such device is no longer offered for sale in this state |
|---|
| 5708 | | - | or until each such device is properly listed on the direc- |
|---|
| 5709 | | - | tory pursuant to this section. |
|---|
| 5710 | | - | (b) Beginning March 1, 2025, or on the date that the |
|---|
| 5711 | | - | department first makes the directory maintained under |
|---|
| 5712 | | - | sub. (6) available for public inspection on its website, |
|---|
| 5713 | | - | whichever is later, the department shall impose on each |
|---|
| 5714 | | - | manufacturer of an electronic vaping device that is sold |
|---|
| 5715 | | - | in this state, but not included in the directory a forfeiture |
|---|
| 5716 | | - | of $1,000 per day for each electronic vaping device |
|---|
| 5717 | | - | offered for sale in violation of this section until each such |
|---|
| 5718 | | - | device is no longer offered for sale in this state or until |
|---|
| 5719 | | - | each such device is properly listed on the directory pur- |
|---|
| 5720 | | - | suant to this section. |
|---|
| 5721 | | - | (c) Any retailer, distributor, wholesaler, or manufac- |
|---|
| 5722 | | - | turer who violates this section engages in an unfair and |
|---|
| 5723 | | - | deceptive trade practice in violation of s. 100.20. |
|---|
| 5724 | | - | (10) Section 139.82, as it applies to records and |
|---|
| 5725 | | - | inspections under subch. III of ch. 139, applies to records |
|---|
| 5726 | | - | and inspections under this section. |
|---|
| 5727 | | - | (11) (a) Any electronic vaping device sold, offered |
|---|
| 5728 | | - | for sale, or possessed for sale, in this state, in violation of |
|---|
| 5729 | | - | this section shall be deemed contraband and such devices |
|---|
| 5730 | | - | shall be subject to seizure in the manner provided under |
|---|
| 5731 | | - | s. 139.40 for the seizure of cigarettes. All electronic vap- |
|---|
| 5732 | | - | ing devices that are seized as provided under this para- |
|---|
| 5733 | | - | graph shall be destroyed and not resold. |
|---|
| 5734 | | - | (b) The duly authorized employees of the department |
|---|
| 5735 | | - | have all necessary police powers to prevent violations of |
|---|
| 5736 | | - | this section. |
|---|
| 5737 | | - | (12) (a) Upon request by the secretary of revenue, the |
|---|
| 5738 | | - | attorney general may represent this state or assist a dis- |
|---|
| 5739 | | - | trict attorney in prosecuting any case arising under this |
|---|
| 5740 | | - | section. |
|---|
| 5741 | | - | (b) The state shall be entitled to recover the costs of |
|---|
| 5742 | | - | investigation, expert witness fees, court costs, and rea- |
|---|
| 5743 | | - | sonable attorney fees for any action brought by the state |
|---|
| 5744 | | - | to enforce this section. |
|---|
| 5745 | | - | (13) Section 995.12 (3), as it applies to an agent for |
|---|
| 5746 | | - | service of process under s. 995.12, applies to an agent for |
|---|
| 5747 | | - | service of process under this section. |
|---|
| 5748 | | - | (14) The department may promulgate rules to admin- |
|---|
| 5749 | | - | ister this section. |
|---|
| 5750 | | - | (15) No later than July 1, 2026, and annually there- |
|---|
| 5751 | | - | after, the department shall provide a report to the legisla- − 54 −2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 5752 | | - | ture, as provided under s. 13.172 (2), regarding the status |
|---|
| 5753 | | - | of the directory maintained under sub. (6), manufacturers |
|---|
| 5754 | | - | and electronic vaping devices included in the directory, |
|---|
| 5755 | | - | revenue and expenditures related to administration of |
|---|
| 5756 | | - | this section, and enforcement activities undertaken pur- |
|---|
| 5757 | | - | suant to this section. |
|---|
| 5758 | | - | SECTION 64b. Tax 8.87 of the administrative code is |
|---|
| 5759 | | - | repealed. |
|---|
| 5760 | | - | SECTION 64c.0Nonstatutory provisions. |
|---|
| 5761 | | - | (1) TRANSFER OF ALCOHOL BEVERAGES REGULATION |
|---|
| 5762 | | - | AND ENFORCEMENT FUNCTIONS. |
|---|
| 5763 | | - | (a) Definitions. In this subsection: |
|---|
| 5764 | | - | 1. “Department” means the department of revenue. |
|---|
| 5765 | | - | 2. “Division” means the division of alcohol bever- |
|---|
| 5766 | | - | ages in the department. |
|---|
| 5767 | | - | 3. “Secretary” means the secretary of revenue. |
|---|
| 5768 | | - | (b) Assets and liabilities. On the effective date of this |
|---|
| 5769 | | - | paragraph, the assets and liabilities of the department pri- |
|---|
| 5770 | | - | marily related to alcohol beverages regulation and |
|---|
| 5771 | | - | enforcement under ch. 125, as determined by the secre- |
|---|
| 5772 | | - | tary, become the assets and liabilities of the division. |
|---|
| 5773 | | - | (c) Tangible personal property. On the effective date |
|---|
| 5774 | | - | of this paragraph, all tangible personal property, includ- |
|---|
| 5775 | | - | ing records, of the department that is primarily related to |
|---|
| 5776 | | - | alcohol beverages regulation and enforcement under ch. |
|---|
| 5777 | | - | 125, as determined by the secretary, is transferred to the |
|---|
| 5778 | | - | division. |
|---|
| 5779 | | - | (d) Contracts. All contracts entered into by the |
|---|
| 5780 | | - | department in effect on the effective date of this para- |
|---|
| 5781 | | - | graph that are primarily related to alcohol beverages reg- |
|---|
| 5782 | | - | ulation and enforcement under ch. 125, as determined by |
|---|
| 5783 | | - | the secretary, remain in effect and are transferred to the |
|---|
| 5784 | | - | division. The division shall carry out any obligations |
|---|
| 5785 | | - | under those contracts unless modified or rescinded by the |
|---|
| 5786 | | - | division to the extent allowed under the contract. |
|---|
| 5787 | | - | (e) Position and employee transfers. On the effective |
|---|
| 5788 | | - | date of this paragraph, all positions, and the incumbent |
|---|
| 5789 | | - | employees who hold those positions, in the department |
|---|
| 5790 | | - | with duties that are primarily related to alcohol beverages |
|---|
| 5791 | | - | regulation and enforcement under ch. 125, as determined |
|---|
| 5792 | | - | by the secretary, are transferred to the division. |
|---|
| 5793 | | - | (f) Employee status. Employees transferred under |
|---|
| 5794 | | - | par. (e) have all the rights and the same status under ch. |
|---|
| 5795 | | - | 230 in the division that they enjoyed in the department |
|---|
| 5796 | | - | immediately before the transfer. Notwithstanding s. |
|---|
| 5797 | | - | 230.28 (4), no employee transferred under par. (e) who |
|---|
| 5798 | | - | has attained permanent status in class is required to serve |
|---|
| 5799 | | - | a probationary period. |
|---|
| 5800 | | - | (g) Rules and orders. All rules promulgated by the |
|---|
| 5801 | | - | department that relate to alcohol beverages regulation |
|---|
| 5802 | | - | and enforcement under ch. 125 and that are in effect on |
|---|
| 5803 | | - | the effective date of this paragraph remain in effect until |
|---|
| 5804 | | - | their specified expiration dates or until amended or |
|---|
| 5805 | | - | repealed by the division. All orders issued by the depart- |
|---|
| 5806 | | - | ment that relate to alcohol beverages regulation and |
|---|
| 5807 | | - | enforcement under ch. 125 and that are in effect on the |
|---|
| 5808 | | - | effective date of this paragraph remain in effect until their |
|---|
| 5809 | | - | specified expiration dates or until modified or rescinded |
|---|
| 5810 | | - | by the division. |
|---|
| 5811 | | - | (h) Pending matters. Any matter pending with the |
|---|
| 5812 | | - | department on the effective date of this paragraph that is |
|---|
| 5813 | | - | primarily related to alcohol beverages regulation and |
|---|
| 5814 | | - | enforcement under ch. 125, as determined by the secre- |
|---|
| 5815 | | - | tary, is transferred to the division. All materials submit- |
|---|
| 5816 | | - | ted to or actions taken by the department with respect to |
|---|
| 5817 | | - | the pending matters are considered as having been sub- |
|---|
| 5818 | | - | mitted to or taken by the division. |
|---|
| 5819 | | - | (i) Fees. All fees established by the department |
|---|
| 5820 | | - | related to permits issued under ch. 125 that are in effect |
|---|
| 5821 | | - | on the day before the effective date of this paragraph shall |
|---|
| 5822 | | - | remain in effect until modified or rescinded by the divi- |
|---|
| 5823 | | - | sion. |
|---|
| 5824 | | - | (j) Secretary to develop plan for orderly transfer. The |
|---|
| 5825 | | - | secretary shall develop a plan for an orderly transfer from |
|---|
| 5826 | | - | the department to the division and shall resolve any dis- |
|---|
| 5827 | | - | agreement between the department and the division with |
|---|
| 5828 | | - | respect to any matter specified in this subsection. The |
|---|
| 5829 | | - | secretary’s plan for orderly transfer shall include the |
|---|
| 5830 | | - | transfer of positions under par. (e) plus the transfer of a |
|---|
| 5831 | | - | sufficient number of currently vacant authorized FTE |
|---|
| 5832 | | - | positions in the department to total 20.0 FTE positions in |
|---|
| 5833 | | - | the division as well as initial staffing assignments in the |
|---|
| 5834 | | - | division. |
|---|
| 5835 | | - | (2) TRANSITION; PERMIT ISSUER. On the effective date |
|---|
| 5836 | | - | of this subsection, any permit issued by the department |
|---|
| 5837 | | - | of revenue under ch. 125 prior to the effective date of this |
|---|
| 5838 | | - | subsection shall be considered to have been issued by the |
|---|
| 5839 | | - | division of alcohol beverages. |
|---|
| 5840 | | - | (3) EXPIRATION OF RETAIL LICENSES HELD BY PRODUC- |
|---|
| 5841 | | - | ERS. Notwithstanding s. 125.04 (11) (b), any retail license |
|---|
| 5842 | | - | issued under ch. 125 to a winery or a brewer shall expire |
|---|
| 5843 | | - | on the effective date of this subsection and the license |
|---|
| 5844 | | - | shall be nonrenewable. |
|---|
| 5845 | | - | (4) RETAIL CLOSING HOUR EXCEPTION FOR 2024 |
|---|
| 5846 | | - | NATIONAL POLITICAL CONVENTION. |
|---|
| 5847 | | - | (a) In this subsection: |
|---|
| 5848 | | - | 1. “Convention period” means the period beginning |
|---|
| 5849 | | - | on the first day of a national political convention held in |
|---|
| 5850 | | - | Milwaukee in the summer of 2024 until the day after the |
|---|
| 5851 | | - | convention’s last day. |
|---|
| 5852 | | - | 2. “Municipality” has the meaning given in s. 125.02 |
|---|
| 5853 | | - | (11). |
|---|
| 5854 | | - | 3. “Southeast Wisconsin municipality” means a |
|---|
| 5855 | | - | municipality any part of which is located within |
|---|
| 5856 | | - | Kenosha, Racine, Walworth, Rock, Milwaukee, Wauke- |
|---|
| 5857 | | - | sha, Jefferson, Dane, Ozaukee, Washington, Dodge, |
|---|
| 5858 | | - | Columbia, Sheboygan, or Fond du Lac County. |
|---|
| 5859 | | - | (b) 1. Notwithstanding s. 125.32 (3) (a), but subject |
|---|
| 5860 | | - | to subds. 2. and 3., during the convention period, the clos- |
|---|
| 5861 | | - | ing hours for premises operating under a Class “B” |
|---|
| 5862 | | - | license issued by a southeast Wisconsin municipality |
|---|
| 5863 | | - | shall be between 4 a.m. and 6 a.m. − 55 − 2023 Wisconsin Act 2023 Senate Bill 268 |
|---|
| 5864 | | - | 2. A southeast Wisconsin municipality may establish |
|---|
| 5865 | | - | a process to designate, and may so designate, any licensee |
|---|
| 5866 | | - | holding a license issued by the southeast Wisconsin |
|---|
| 5867 | | - | municipality and to which subd. 1. would otherwise |
|---|
| 5868 | | - | apply as ineligible or disqualified for the extended clos- |
|---|
| 5869 | | - | ing hour specified in subd. 1. |
|---|
| 5870 | | - | 3. Notwithstanding s. 125.32 (3) (d), a southeast Wis- |
|---|
| 5871 | | - | consin municipality may, by ordinance adopted after the |
|---|
| 5872 | | - | effective date of this subdivision, opt out of subd. 1. and |
|---|
| 5873 | | - | retain during the convention period the closing hours |
|---|
| 5874 | | - | specified in s. 125.32 (3) (a). |
|---|
| 5875 | | - | (c) 1. Notwithstanding s. 125.68 (4) (c) 1., but subject |
|---|
| 5876 | | - | to subds. 2. and 3., during the convention period, the clos- |
|---|
| 5877 | | - | ing hours for premises operating under a “Class B” or |
|---|
| 5878 | | - | “Class C” license issued by a southeast Wisconsin |
|---|
| 5879 | | - | municipality shall be between 4 a.m. and 6 a.m. |
|---|
| 5880 | | - | 2. A southeast Wisconsin municipality may establish |
|---|
| 5881 | | - | a process to designate, and may so designate, any licensee |
|---|
| 5882 | | - | holding a license issued by the southeast Wisconsin |
|---|
| 5883 | | - | municipality and to which subd. 1. would otherwise |
|---|
| 5884 | | - | apply as ineligible or disqualified for the extended clos- |
|---|
| 5885 | | - | ing hour specified in subd. 1. |
|---|
| 5886 | | - | 3. Notwithstanding s. 125.68 (4) (c) 5., a southeast |
|---|
| 5887 | | - | Wisconsin municipality may, by ordinance adopted after |
|---|
| 5888 | | - | the effective date of this subdivision, opt out of subd. 1. |
|---|
| 5889 | | - | and retain during the convention period the closing hours |
|---|
| 5890 | | - | specified in s. 125.68 (4) (c) 1. |
|---|
| 5891 | | - | (d) 1. Notwithstanding ss. 125.29 (8) (a), 125.52 (5) |
|---|
| 5892 | | - | (a), and 125.53 (4) (a), but subject to subds. 2. and 3., dur- |
|---|
| 5893 | | - | ing the convention period, the closing hours for a full− |
|---|
| 5894 | | - | service retail outlet under s. 125.29 (7), 125.52 (4), or |
|---|
| 5895 | | - | 125.53 (3), and the on−premises sales hours on brewery |
|---|
| 5896 | | - | premises, manufacturing or rectifying premises, and |
|---|
| 5897 | | - | winery premises, operating in a southeast Wisconsin |
|---|
| 5898 | | - | municipality shall be between 4 a.m. and 6 a.m. |
|---|
| 5899 | | - | 2. A southeast Wisconsin municipality may establish |
|---|
| 5900 | | - | a process to designate, and may so designate, premises in |
|---|
| 5901 | | - | the municipality of any permittee under s. 125.29, |
|---|
| 5902 | | - | 125.52, or 125.53 to which subd. 1. would otherwise |
|---|
| 5903 | | - | apply as ineligible or disqualified for the extended clos- |
|---|
| 5904 | | - | ing hour specified in subd. 1. |
|---|
| 5905 | | - | 3. A southeast Wisconsin municipality may, by ordi- |
|---|
| 5906 | | - | nance adopted after the effective date of this subdivision, |
|---|
| 5907 | | - | opt out of subd. 1. and retain during the convention period |
|---|
| 5908 | | - | the closing hours specified in ss. 125.29 (8) (a), 125.52 |
|---|
| 5909 | | - | (5) (a), and 125.53 (4) (a), as unaffected by par. (b). |
|---|
| 5910 | | - | (5m) TRANSITION; INITIAL IMPLEMENTATION AUTHOR- |
|---|
| 5911 | | - | ITY. The administrator of the division of income, sales |
|---|
| 5912 | | - | and excise tax in the department of revenue shall have |
|---|
| 5913 | | - | interim authority to undertake all measures necessary to |
|---|
| 5914 | | - | implement the changes in this act by the effective date of |
|---|
| 5915 | | - | each change, including taking action in preparation for |
|---|
| 5916 | | - | the creation of a division of alcohol beverages and |
|---|
| 5917 | | - | appointment of a division administrator and bureau |
|---|
| 5918 | | - | directors. |
|---|
| 5919 | | - | SECTION 64d.0Initial applicability. |
|---|
| 5920 | | - | (1) SAFE RIDE SURCHARGE. The treatment of s. |
|---|
| 5921 | | - | 346.657 (1) first applies to violations committed on the |
|---|
| 5922 | | - | effective date of this subsection. |
|---|
| 5923 | | - | (2) JURISDICTION OVER OUT−OF−STATE PERMITTEES. |
|---|
| 5924 | | - | The treatment of s. 125.535 (3) (b) 3., (c), (d), and (e), the |
|---|
| 5925 | | - | renumbering of s. 125.58 (2), the renumbering and |
|---|
| 5926 | | - | amendment of s. 125.30 (3), the amendment of s. 125.30 |
|---|
| 5927 | | - | (2), and the creation of ss. 125.30 (2) (d) and (3) (b) and |
|---|
| 5928 | | - | 125.58 (2) (b) and (c) first apply with respect to permits |
|---|
| 5929 | | - | issued after the effective date of this subsection. |
|---|
| 5930 | | - | SECTION 65.0Effective dates. This act takes effect on |
|---|
| 5931 | | - | the first day of the 5th month beginning after publication, |
|---|
| 1114 | + | SECTION 60. 565.50 (2) of the statutes is amended to read: |
|---|
| 1115 | + | 565.50 (2) Any person who alters or, forges, counterfeits, or illegally obtains a |
|---|
| 1116 | + | lottery ticket or share or intentionally utters or transfers an altered or, forged, |
|---|
| 1117 | + | counterfeit, or illegally obtained lottery ticket or share is guilty of a Class I felony. |
|---|
| 1118 | + | SECTION 61. 565.50 (2m) of the statutes is created to read: |
|---|
| 1119 | + | 565.50 (2m) Any person who claims a lottery prize from a winning lottery ticket |
|---|
| 1120 | + | or share and then transfers the same winning lottery ticket or share to another |
|---|
| 1121 | + | person is guilty of a Class I felony. |
|---|
| 1122 | + | SECTION 62. 565.50 (3) of the statutes is amended to read: |
|---|
| 1123 | + | 565.50 (3) Any person who possesses an altered or, forged, counterfeit, or |
|---|
| 1124 | + | illegally obtained lottery ticket or share, or a winning lottery ticket or share for which |
|---|
| 1125 | + | the prize has been previously claimed, with intent to defraud shall be fined not more |
|---|
| 1126 | + | than $10,000 or imprisoned for not more than 9 months or both. |
|---|
| 1127 | + | SECTION 63. 565.50 (4) of the statutes is created to read: |
|---|
| 1128 | + | 1 |
|---|
| 1129 | + | 2 |
|---|
| 1130 | + | 3 |
|---|
| 1131 | + | 4 |
|---|
| 1132 | + | 5 |
|---|
| 1133 | + | 6 |
|---|
| 1134 | + | 7 |
|---|
| 1135 | + | 8 |
|---|
| 1136 | + | 9 |
|---|
| 1137 | + | 10 |
|---|
| 1138 | + | 11 |
|---|
| 1139 | + | 12 |
|---|
| 1140 | + | 13 |
|---|
| 1141 | + | 14 |
|---|
| 1142 | + | 15 |
|---|
| 1143 | + | 16 |
|---|
| 1144 | + | 17 |
|---|
| 1145 | + | 18 |
|---|
| 1146 | + | 19 |
|---|
| 1147 | + | 20 |
|---|
| 1148 | + | 21 |
|---|
| 1149 | + | 22 |
|---|
| 1150 | + | 23 |
|---|
| 1151 | + | 24 |
|---|
| 1152 | + | 25 - 24 -2023 - 2024 Legislature LRB-1973/1 |
|---|
| 1153 | + | JK/AG/JM/KP:cdc |
|---|
| 1154 | + | SECTION 63 SENATE BILL 268 |
|---|
| 1155 | + | 565.50 (4) Any person who transfers a lottery ticket or share to another person, |
|---|
| 1156 | + | presents a transferred lottery ticket or share for payment of a lottery prize, or claims |
|---|
| 1157 | + | a lottery prize from a transferred ticket or share with intent to avoid withholding |
|---|
| 1158 | + | under s. 565.30 (4), (5), (5m), or (5r) shall be fined not more than $10,000 or |
|---|
| 1159 | + | imprisoned for not more than 9 months or both. |
|---|
| 1160 | + | SECTION 64. 946.82 (4) of the statutes is amended to read: |
|---|
| 1161 | + | 946.82 (4) “Racketeering activity" means any activity specified in 18 USC 1961 |
|---|
| 1162 | + | (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission |
|---|
| 1163 | + | of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49, |
|---|
| 1164 | + | 134.05, 139.44 (1), (2m), and (8), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, |
|---|
| 1165 | + | 221.0625, 221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 |
|---|
| 1166 | + | (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31, |
|---|
| 1167 | + | 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), |
|---|
| 1168 | + | or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, |
|---|
| 1169 | + | 943.20 (3) (bf) to (e), 943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, |
|---|
| 1170 | + | 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 |
|---|
| 1171 | + | (8) (b) and (c), 943.50 (4) (bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81, |
|---|
| 1172 | + | 943.82, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) |
|---|
| 1173 | + | and (e), 944.32, 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, |
|---|
| 1174 | + | 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, |
|---|
| 1175 | + | 946.76, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30. |
|---|
| 1176 | + | SECTION 65.0Effective dates. This act takes effect on the day after publication, |
|---|