125.025 Powers and duties of division. (1) Administration; personnel. (a) The division, under the direction and supervision of the administrator, shall administer this chapter and have jurisdiction over alcohol beverages regulation, enforcement, and education in this state. The division is responsible for administering regulatory programs; promoting regulatory transparency; promoting statutory changes to create clarity, consistency, and simplicity in alcohol beverage regulatory requirements; and ensuring active, consistent enforcement of alcohol beverage laws.
(b) The administrator may appoint, in the classified service, special agents and other employees necessary to carry out the permitting, audit, legal, education, and enforcement functions of the division. The division shall employ no fewer than 10 alcohol beverage field agents to perform enforcement activities under the direction of the director of the bureau created under s. 15.433 (2) (b) dedicated to enforcement.
(c) The administrator and any employee of the division may not be employed by or have a substantial financial interest in the alcohol beverages industry or any business subject to the division’s jurisdiction.
(2) Police powers. The division shall enforce, and the duly authorized employees of the division shall have all necessary police powers to prevent violations of, this chapter.
(3) Inspection for enforcement. Duly authorized employees of the department of justice and the division and any sheriff, police officer, marshal, or constable, within their respective jurisdictions, may, during normal business hours, enter any licensed premises, and examine the books, papers, and records of any brewer, brewpub, manufacturer, rectifier, wholesaler, or retailer and may inspect and examine, according to law, any premises where fermented malt beverages or intoxicating liquors are manufactured, sold, exposed for sale, possessed, or stored, for the purpose of inspecting the same and determining whether this chapter is being complied with. Any refusal to permit such examination of such premises is sufficient grounds under s. 125.12 for revocation or suspension of any license or permit issued under this chapter and is punishable under s. 125.11 (3).
(4) List of permittees. The division shall provide the department with all information necessary for the department to publish the information specified in s. 139.11 (4) (a) 2. and (b) 2.
73,21mSection 21m. 125.025 (3) of the statutes, as created by 2023 Wisconsin Act .... (this act), is amended to read: 125.025 (3) Inspection for enforcement. Duly authorized employees of the department of justice and the division and any sheriff, police officer, marshal, or constable, within their respective jurisdictions, may, during normal business hours, enter any licensed premises, and examine the books, papers, and records of any brewer, brewpub, manufacturer, rectifier, wholesaler, or retailer, fulfillment house, or common carrier and may inspect and examine, according to law, any premises where fermented malt beverages or intoxicating liquors are manufactured, sold, exposed for sale, possessed, or stored, for the purpose of inspecting the same and determining whether this chapter is being complied with. Any refusal to permit such examination of such premises is sufficient grounds under s. 125.12 for revocation or suspension of any license or permit issued under this chapter and is punishable under s. 125.11 (3).
73,21nSection 21n. 125.03 (title) of the statutes is amended to read: 125.03 (title) Department Division rule making.
73,21oSection 21o. 125.03 (1) (a) of the statutes is amended to read: 125.03 (1) (a) The department, in furtherance of effective control, division may promulgate rules consistent with this chapter and ch. 139 to carry out the division’s duties under this chapter.
73,21pSection 21p. 125.03 (1) (b) of the statutes is amended to read: 125.03 (1) (b) The department division shall promulgate rules providing for registration of wine collectors and establishing standards of eligibility for registration as a wine collector. The rules shall also specify the form and manner of notice required under s. 125.06 (11m).
73,21qSection 21q. 125.03 (2) of the statutes is amended to read: 125.03 (2) Containers. The department division may by rule prescribe the standard size, form, or character of any container in which intoxicating liquor may be sold in this state except that the department division may not set the size of containers in which intoxicating liquor, except wine containing not more than 21 percent of alcohol by volume, may be sold at a capacity greater than 1.75 liters (59.1752 fluid ounces).
73,21rSection 21r. 125.04 (3) (a) (intro.) of the statutes is amended to read: 125.04 (3) (a) Contents. (intro.) The department division shall prepare an application form for each kind of license, other than a manager’s or operator’s license, and for each kind of permit issued under this chapter. Each form shall require all of the following information:
73,21rmSection 21rm. 125.04 (3) (a) (intro.) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read: 125.04 (3) (a) Contents. (intro.) The division shall prepare an application form for each kind of license, other than a manager’s or operator’s license, and for each kind of permit issued under this chapter. Each form, except an operator’s permit form, shall require all of the following information:
73,21sSection 21s. 125.04 (3) (a) 1. of the statutes is amended to read: 125.04 (3) (a) 1. A history of the applicant relevant to the applicant’s fitness to hold a license or permit, including whether the applicant is a restricted investor requiring disclosure under s. 125.20 (6) (a) 5. and the basis of this status.
73,21tSection 21t. 125.04 (3) (b) of the statutes is amended to read: 125.04 (3) (b) Application for renewing. The department division may prepare a simplified application form for renewal of each kind of license or permit which requires only information pertinent to renewal.
73,21uSection 21u. 125.04 (3) (bm) (intro.) of the statutes is amended to read: 125.04 (3) (bm) Signature on, and notarization of, forms. (intro.) The application forms prepared by the department division for a license or permit under this chapter may not require any of the following:
73,21vSection 21v. 125.04 (3) (c) of the statutes is amended to read: 125.04 (3) (c) Distribution. The department division shall make one copy of each kind of license application that it prepares available to each municipality.
73,21wSection 21w. 125.04 (3) (d) 1. of the statutes is amended to read: 125.04 (3) (d) 1. An application form prepared by the department division shall be used by each applicant for a permit.
73,21xSection 21x. 125.04 (3) (d) 2. of the statutes is amended to read: 125.04 (3) (d) 2. A replica of an application form prepared by the department division shall be used by each applicant for a license, other than a manager’s or operator’s license.
73,21ySection 21y. 125.04 (3) (e) 2. of the statutes is amended to read: 125.04 (3) (e) 2. The applicant shall file the application for a permit with the department division.
73,22Section 22. 125.04 (3) (h) of the statutes is amended to read: 125.04 (3) (h) Subsequent changes. Within 10 30 days of any change in any fact set out in an application for a license or permit to sell alcohol beverages, the licensee or permittee shall file with the issuing authority a written description of the changed fact, including any change in restricted investors under s. 125.20 (6) (a) 5.
73,22gSection 22g. 125.04 (3) (j) of the statutes is amended to read: 125.04 (3) (j) Penalty for materially false application information, affidavit representation. Any person who knowingly provides materially false information in an application for a license or permit under this chapter or on a form under par. (k), and any person who materially violates any representation made in an affidavit under s. 125.20 (6) (a) 6. or (c) 4., may be required to forfeit not more than $1,000.
73,22mSection 22m. 125.04 (3) (k) of the statutes is created to read: 125.04 (3) (k) Approval of full-service retail outlets. The division shall prepare a form for use by a brewer, winery, manufacturer, or rectifier to request approval for a full-service retail outlet under s. 125.29 (7) (d) 1., 125.52 (4) (d) 1., or 125.53 (3) (d) 1. The form shall be similar to the form for a retail license application under par. (a). An applicant shall use the form to submit a request for approval of a full-service retail outlet under s. 125.29 (7) (d) 1., 125.52 (4) (d) 1., or 125.53 (3) (d) 1.
73,23Section 23. 125.04 (4) of the statutes is amended to read: 125.04 (4) List of licensees. By July 15 annually, the clerk of a municipality issuing licenses shall mail to the department division a list containing the name, address, and trade name of each person holding a license issued by that municipality, other than a manager’s or operator’s license or a license issued under s. 125.26 (6), the type of license held, and, if the person holding the license is a corporation or limited liability company, the name of the agent appointed under sub. (6). The division shall annually publish this list on the division’s website.
73,23gSection 23g. 125.04 (5) (a) 5. of the statutes is amended to read: 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department division or the department of safety and professional services. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class “A”, “Class A” or “Class C” license or a Class “B” or “Class B” license or permit or a manager’s or operator’s license.
73,23hSection 23h. 125.04 (5) (a) 5. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read: 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the division or the department of safety and professional services. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class “A”, “Class A” or “Class C” license or a Class “B” or “Class B” license or permit or a manager’s or operator’s license, or an operator’s permit.
73,23jSection 23j. 125.04 (5) (d) 1. of the statutes is amended to read: 125.04 (5) (d) 1. Paragraph (a) 2. does not apply to applicants for operators’ licenses issued under s. 125.17, to applicants for operators’ permits issued under s. 125.175, or to applicants for managers’ licenses issued under s. 125.18. Managers’ licenses may be issued only to applicants who are residents of this state at the time of issuance.
73,23kSection 23k. 125.04 (5) (d) 2. of the statutes is amended to read: 125.04 (5) (d) 2. Paragraph (a) 3. does not apply to applicants for operators’ licenses under s. 125.17 or to applicants for operators’ permits under s. 125.175. Operators’ licenses and operators’ permits may be issued only to applicants who have attained the age of 18.
73,23mSection 23m. 125.04 (5) (d) 3. a. of the statutes is amended to read: 125.04 (5) (d) 3. a. Applicants for operators’ licenses under s. 125.17 and for operators’ permits under s. 125.175.
73,23nSection 23n. 125.04 (6) (g) of the statutes is amended to read: 125.04 (6) (g) Forms. If the department division or any municipality prepares a form relating to the appointment of an agent under this subsection, including any cancellation of an appointment or appointment of a successor agent, the form may not require the signature of more than one person signing on behalf of the corporation or limited liability company submitting the form.
73,23oSection 23o. 125.04 (8) (title) of the statutes is amended to read: 125.04 (8) (title) Payment of license fee; permit fees.
73,23pSection 23p. 125.04 (8) of the statutes is renumbered 125.04 (8) (a). 73,23qSection 23q. 125.04 (8) (b) of the statutes is created to read: 125.04 (8) (b) Unless the department established a different permit fee before the effective date of this paragraph .... [LRB inserts date], and except as provided in ss. 125.175 (3), 125.22 (1) (e), 125.23 (1) (c), 125.27 (5) (f), 125.28 (4), 125.295 (4), 125.51 (5) (f) 5., 125.535 (2), and 125.65 (10), the division shall charge an annual fee of $500 for each permit issued by the division under this chapter.
73,23rSection 23r. 125.04 (8) (b) of the statutes, as created by 2023 Wisconsin Act .... (this act), is amended to read: 125.04 (8) (b) Unless the department established a different permit fee before the effective date of this paragraph .... [LRB inserts date], and except as provided in ss. 125.175 (3), 125.22 (1) (e), 125.23 (1) (c), 125.24 (1) (e), 125.27 (5) (f), 125.28 (4), 125.295 (4), 125.51 (5) (f) 5., 125.535 (2), and 125.65 (10), the division shall charge an annual fee of $500 for each permit issued by the division under this chapter.
73,24Section 24. 125.04 (8m) of the statutes is created to read: 125.04 (8m) Payment of criminal history fees. Any fees incurred by the division under s. 165.82 (1) (am) for purposes of verifying a permit applicant’s eligibility under sub. (5) (a) 1. and (b) shall be paid by the applicant to the division upon application for the permit.
73,24cSection 24c. 125.04 (12) (a) of the statutes is amended to read: 125.04 (12) (a) From place to place. Every alcohol beverage license or permit may be transferred to another place or premises within the same municipality. An alcohol beverage warehouse permit under s. 125.19, a winery permit under s. 125.53, or an intoxicating liquor a wholesaler’s permit under s. 125.28 or 125.54 may be transferred to another premises within this state. Transfers shall be made by the issuing authority upon payment of a fee of $10 to the issuing authority. No retail licensee, retail permittee, intoxicating liquor wholesaler permittee, or holder of a warehouse or winery permit is entitled to more than one transfer during the license or permit year. This paragraph does not apply to a license issued under s. 125.51 (4) (v) or to a reserve “Class B” license, as defined in s. 125.51 (4) (a).
73,24dSection 24d. 125.045 (title) of the statutes is amended to read: 125.045 (title) Booklet for licensees and permittees; safe ride program information.
73,24eSection 24e. 125.045 (1) of the statutes is amended to read: 125.045 (1) The department division shall prepare a booklet explaining the state statutes and rules relating to the retail sale of alcohol beverages, written concisely in language which is clearly understood by those required to utilize it.
73,24fSection 24f. 125.045 (2) of the statutes is renumbered 125.045 (2) (a) and amended to read: 125.045 (2) (a) The department division shall provide a copy of the booklet under sub. (1) free of charge to each person issued a permit, including a renewal, under s. 125.27 or 125.51 (5). The department division shall provide the booklet for a charge not to exceed cost, as provided under s. 20.908, to municipalities.
73,24gSection 24g. 125.045 (2) (a) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read: 125.045 (2) (a) The division shall provide a copy of the booklet under sub. (1) free of charge to each person issued a permit, including a renewal, under s. 125.175, 125.27, or 125.51 (5). The division shall provide the booklet for a charge not to exceed cost, as provided under s. 20.908, to municipalities.
73,24hSection 24h. 125.045 (2) (b) of the statutes is created to read: 125.045 (2) (b) The division shall provide to each person initially issued a permit under s. 125.27 or 125.51 (5) information regarding the safe ride program described in s. 85.55.
73,24iSection 24i. 125.045 (3) of the statutes is renumbered 125.045 (3) (a) and amended to read: 125.045 (3) (a) A municipality shall provide a copy of the booklet under sub. (1) to each person issued a license, including a renewal, under s. 125.17, 125.18, 125.25, 125.26 or 125.51 (1) by the municipality unless the municipality requires the person to complete an instructional program which includes the subject matter of the booklet or unless the person completes the program under s. 125.04 (5) (a) 5. or 125.17 (6). This section does not preclude a municipality from charging a fee for such a program. A municipality may charge for the booklet in an amount not to exceed the amount charged by the department division under sub. (2) (a).
73,24jSection 24j. 125.045 (3) (b) of the statutes is created to read: 125.045 (3) (b) A municipality shall provide to each person initially issued a license under s. 125.26 (1) or 125.51 (3) or (3m) information regarding the safe ride program described in s. 85.55.
73,24kSection 24k. 125.06 (1) of the statutes is amended to read: 125.06 (1) Brewers’ premises. The furnishing, by brewers, of fermented malt beverages free of charge to customers, visitors, and employees on the brewery premises if the fermented malt beverages are consumed on the brewery premises and are not furnished or consumed in or near any room or place where intoxicating liquor is sold.
73,24mSection 24m. 125.06 (3g) of the statutes is amended to read: 125.06 (3g) Wine or fermented malt beverages made at supply stores. The manufacture of wine or fermented malt beverages by any person at a business primarily engaged in selling supplies and equipment for use by homebrewers or home winemakers, and, notwithstanding s. 125.09 (1), the tasting at the business of wine or fermented malt beverages so manufactured, if the wine or fermented malt beverages are not sold or offered for sale. Wine or fermented malt beverages provided at a business for tasting under this subsection may only be provided by a person who holds an operator’s license issued under s. 125.17 or an operator’s permit issued under s. 125.175.
73,24nSection 24n. 125.06 (3m) (c) of the statutes is created to read: 125.06 (3m) (c) If a competition or exhibition complying with par. (b) is held by a national organization and has participants from more than 25 states, a person who made homemade wine or fermented malt beverages in another state under conditions similar to those imposed under sub. (3) may, without holding a license or permit under this chapter, transport up to 10 gallons of homemade wine or fermented malt beverages into this state for purposes of participating in the competition or exhibition.
73,24oSection 24o. 125.06 (11m) of the statutes is amended to read: 125.06 (11m) Wine collectors. The sale by a wine collector to any other wine collector of manufacturer-sealed bottles or containers of wine that the selling wine collector has held for at least 8 years if the selling wine collector has provided prior notice of the sale to the department division. No more than one sale in any 12-month period may be conducted by a wine collector under this paragraph.
73,24pSection 24p. 125.06 (13) of the statutes is repealed. 73,24qSection 24q. 125.07 (1) (b) 4. of the statutes is amended to read:
