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LRBa0215/2
ARG:wlj
2021 - 2022 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE BILL 57
January 18, 2022 - Offered by Senator Stroebel.
SB57-SA1,1,11 At the locations indicated, amend the bill as follows:
SB57-SA1,1,3 21. Page 3, line 3: on lines 3 and 6, after “service" insert “or wholly owned
3subsidiary of the licensee".
SB57-SA1,1,4 42. Page 3, line 13: after that line insert:
SB57-SA1,1,5 5 Section 3m. 125.20 of the statutes is created to read:
SB57-SA1,1,9 6125.20 Alcohol delivery permits. (1) The department shall issue alcohol
7delivery permits to retail licensees, wholly owned subsidiaries of retail licensees, and
83rd-party delivery services that authorize the permittee to deliver alcohol beverages
9in connection with remote orders under ss. 125.272 (2) and 125.51 (6) (b).
SB57-SA1,2,2 10(2) An alcohol delivery permit may be issued only to a person who holds a valid
11certificate issued under s. 73.03 (50). For purposes of s. 125.04 (6) (a) 2., the
12appointment of an agent for a permittee under this section shall vest authority in the

1agent with respect to all delivery operations, not limited to activities occurring on the
2premises covered by the permit.
SB57-SA1,2,8 3(3) A permit issued under this section shall be valid for one year. The annual
4fee for initial issuance or renewal of the permit shall be $150 for an applicant that
5is a retail licensee and $300 for an applicant that is a 3rd-party delivery service or
6wholly owned subsidiary of a retail licensee. The fee shall be paid at the time of
7application for initial issuance or renewal of the permit and shall be refunded to the
8applicant if the application is denied.”.
SB57-SA1,2,9 93. Page 4, line 2: after that line insert:
SB57-SA1,2,12 10“3. “Third-party delivery service” means a delivery service that is independent
11of a retail licensee and that derives less than 50 percent of its annual revenues
12associated with food and beverage delivery from the delivery of alcohol beverages.”.
SB57-SA1,2,14 134. Page 4, line 5: after “125.26" insert “, and the fermented malt beverages are
14sold in original, unopened packages or containers".
SB57-SA1,2,15 155. Page 4, line 6: delete lines 6 to 9 and substitute:
SB57-SA1,2,19 16“2. The products ordered are delivered to the customer by the licensee, by a
17wholly owned subsidiary of the licensee, or by a 3rd-party delivery service and the
18the licensee, wholly owned subsidiary of the licensee, or 3rd-party delivery service
19holds a permit issued under s. 125.20.”.
SB57-SA1,2,20 206. Page 4, line 15: delete “and (e)" and substitute “(e), and (em)".
SB57-SA1,2,21 217. Page 5, line 8: after that line insert:
SB57-SA1,2,24 22“(em) An individual may not deliver fermented malt beverages to a customer
23under this subsection unless the individual completes the delivery during the
24following hours:
SB57-SA1,3,4
11. If the fermented malt beverages were sold by a Class “A” licensee, during
2hours in which the Class “A” licensee is authorized to sell fermented malt beverages
3under s. 125.32 (3) (b) or, if more restrictive, during hours established by ordinance
4by a municipality under s. 125.32 (3) (d).
SB57-SA1,3,85 2. If the fermented malt beverages were sold by a Class “B” licensee, during
6hours in which the Class “B” licensee is authorized to sell fermented malt beverages
7under s. 125.32 (3) (am) or, if more restrictive, during hours established by ordinance
8by a municipality under s. 125.32 (3) (d).”.
SB57-SA1,3,10 98. Page 5, line 9: on lines 9, 16 and 18, after “service" insert “or wholly owned
10subsidiary of a licensee".
SB57-SA1,3,11 119. Page 5, line 18: delete “may" and substitute “shall".
SB57-SA1,3,13 1210. Page 5, line 20: on lines 20 and 23, delete “may, in its discretion," and
13substitute “shall".
SB57-SA1,3,15 1411. Page 6, line 3: on lines 3 and 8, after “service" insert “or wholly owned
15subsidiary of a licensee".
SB57-SA1,3,16 1612. Page 6, line 8: after that line insert:
SB57-SA1,3,18 17“(i) A person who receives delivery of alcohol beverages under this subsection
18may not resell the alcohol beverages.
SB57-SA1,3,2019 (j) Alcohol beverages may not be delivered under this subsection to the licensed
20premises of a Class “A,” “Class A,” Class “B,” “ Class B,” or “Class C” licensee.
SB57-SA1,4,221 (k) Nothing in this subsection limits the discretion of a retail licensee, wholly
22owned subsidiary of a retail licensee, or 3rd-party delivery service to decline in whole
23or in part to make retail sales by means of remote order, to reject individual remote

1orders, or to limit, geographically or otherwise, the locations to which remote orders
2are delivered.
SB57-SA1,4,53 (L) A retail licensee that processes and fills remote orders may not do any of
4the following with respect to fermented malt beverages offered for sale and delivery
5under this subsection:
SB57-SA1,4,96 1. Enter into any agreement with a brewer, brewpub, or wholesaler that
7restricts, or gives preference with respect to, the availability of any fermented malt
8beverage brand on the basis that the fermented malt beverages will be offered for
9sale and delivery under this subsection.
SB57-SA1,4,1310 2. Charge different prices for fermented malt beverages offered for sale and
11delivery under this subsection in comparison with the prices charged for the same
12products sold in a face-to-face transaction under sub. (1). This subdivision does not
13prohibit the retail licensee from charging an additional fee for delivery.” .
SB57-SA1,4,14 1413. Page 6, line 18: after that line insert:
SB57-SA1,4,16 15“c. “Third-party delivery service” has the meaning given in s. 125.272 (2) (a)
163.”.
SB57-SA1,4,20 1714. Page 6, line 21: after “(3)" insert “, and the intoxicating liquor is sold in
18original, unopened packages or containers or, if sold by a licensee under sub. (3), in
19containers sealed, before removal from the licensed premises, with a tamper-evident
20seal.”.
SB57-SA1,4,21 2115. Page 6, line 22: delete lines 22 to 25 and substitute:
SB57-SA1,5,2 22“b. The products ordered are delivered to the customer by the licensee, by a
23wholly owned subsidiary of the licensee, or by a 3rd-party delivery service and the

1the licensee, wholly owned subsidiary of the licensee, or 3rd-party delivery service
2holds a permit issued under s. 125.20.”.
SB57-SA1,5,3 316. Page 7, line 6: delete “and 5." and substitute “5., and 5m.".
SB57-SA1,5,4 417. Page 7, line 24: after that line insert:
SB57-SA1,5,6 5“5m. An individual may not deliver intoxicating liquor to a customer under this
6paragraph unless the individual completes the delivery during the following hours:
SB57-SA1,5,107 a. If the intoxicating liquor was sold by a “Class A” licensee, during hours in
8which the “Class A” licensee is authorized to sell intoxicating liquor under s. 125.68
9(4) (b) or, if more restrictive, during hours established by ordinance by a municipality
10under s. 125.68 (4) (b).
SB57-SA1,5,1511 b. If the intoxicating liquor was sold by a “Class B” licensee, during hours in
12which the “Class B” licensee is authorized to sell intoxicating liquor under s. 125.68
13(4) (c) 3. or, if more restrictive, during hours established by ordinance by a
14municipality under s. 125.68 (4) (c) 3., or, if applicable, during hours in which the
15“Class B” licensee is authorized to sell intoxicating liquor under s. 125.68 (4) (c) 3m.”.
SB57-SA1,5,17 1618. Page 8, line 1: on lines 1, 7, 9, 18 and 23, after “service" insert “or wholly
17owned subsidiary of a licensee".
SB57-SA1,5,18 1819. Page 8, line 9: delete “may" and substitute “shall".
SB57-SA1,5,19 1920. Page 8, line 10: on lines 10 and 13, delete “may, in its".
SB57-SA1,5,21 2021. Page 8, line 11: on lines 11 and 14, delete “discretion," and substitute
21“shall".
SB57-SA1,5,22 2222. Page 8, line 23: after that line insert:
SB57-SA1,6,2
1“9. A person who receives delivery of alcohol beverages under this paragraph
2may not resell the alcohol beverages.
SB57-SA1,6,43 10. Alcohol beverages may not be delivered under this paragraph to the
4licensed premises of a Class “A,” “Class A,” Class “B,” “Class B,” or “Class C” licensee.
SB57-SA1,6,95 11. Nothing in this paragraph limits the discretion of a retail licensee, wholly
6owned subsidiary of a retail licensee, or 3rd-party delivery service to decline in whole
7or in part to make retail sales by means of remote order, to reject individual remote
8orders, or to limit, geographically or otherwise, the locations to which remote orders
9are delivered.
SB57-SA1,6,1210 12. A retail licensee that processes and fills remote orders may not do any of
11the following with respect to intoxicating liquor offered for sale and delivery under
12this paragraph:
SB57-SA1,6,1613 a. Enter into any agreement with a manufacturer, rectifier, winery, or
14wholesaler that restricts, or gives preference with respect to, the availability of any
15intoxicating liquor brand on the basis that the intoxicating liquor will be offered for
16sale and delivery under this paragraph.
SB57-SA1,6,2017 b. Charge different prices for intoxicating liquor offered for sale and delivery
18under this paragraph in comparison with the prices charged for the same products
19sold in a face-to-face transaction under par. (b). This subd. 12. b. does not prohibit
20the retail licensee from charging an additional fee for delivery.”.
SB57-SA1,6,22 2123. Page 9, line 7: after “service" insert “or wholly owned subsidiary of the
22licensee".
SB57-SA1,6,23 2324. Page 9, line 8: delete “one year" and substitute “3 years".
SB57-SA1,6,24 2425. Page 9, line 12: after that line insert:
SB57-SA1,7,1
1 Section 10m. Effective date.
SB57-SA1,7,2 2(1) This act takes effect on July 1, 2022.”.
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