2023 Wisconsin Act 73

73,26dh Section 26dh. 125.295 (2) (a) 6. c. of the statutes is amended to read:

125.295 (2) (a) 6. c. A wholesaler’s permit issued under s. 125.28 or 125.54.

73,26di Section 26di. 125.295 (2) (a) 6. g. of the statutes is created to read:

125.295 (2) (a) 6. g. A no-sale event venue permit issued under s. 125.24.

73,26dj Section 26dj. 125.295 (2) (b) of the statutes is amended to read:

125.295 (2) (b) If an applicant under par. (a) has no current operations, the applicant may certify that the applicant has applied for or will apply for a Class “B” license or license under s. 97.30 for a restaurant or will comply with any other requirement under par. (a), prior to or upon commencing operations authorized under this section. If a Class “B” license or license under s. 97.30 for a restaurant is not subsequently issued to the applicant, or if the applicant otherwise fails to comply with any requirement for eligibility under par. (a), the department division may revoke under s. 125.12 (5) the permit issued under this section.

73,26dk Section 26dk. 125.295 (2) (c) of the statutes is amended to read:

125.295 (2) (c) If an applicant under par. (a) holds any license or permit prohibited under par. (a) 6. at the time of its application, the applicant may certify that the applicant will surrender any such license or permit upon issuance of a permit under this section. If the department division issues a permit under this section and the applicant fails to surrender any license or permit prohibited under par. (a) 6., the department division may revoke under s. 125.12 (5) the permit issued under this section. An applicant is not required to surrender any Class “B” license issued under s. 125.31 (1) (a) 2., 2009 stats., or under s. 125.31 (1) (a) 3., 2005 stats., if the applicant’s continued possession of the license is consistent with subs. (1) (h), (2) (a) 4., and (3) (b) and (c).

73,26dm Section 26dm. 125.295 (4) of the statutes is amended to read:

125.295 (4) The fee established by the department division for a brewpub permit shall not exceed the fee established by the department division for a permit under s. 125.29.

73,26dn Section 26dn. 125.295 (5) of the statutes is amended to read:

125.295 (5) The department division shall promulgate rules and prescribe forms to ensure strict compliance with the requirements under this section.

73,26do Section 26do. 125.30 (1) of the statutes is amended to read:

125.30 (1) The department division shall issue out-of-state shippers’ permits which, except as provided in sub. (4), authorize the permittee to ship fermented malt beverages only to holders of a wholesaler’s permit issued under s. 125.28. Except with respect to any shipment from a warehouse in an adjoining state by a wholesaler issued a wholesale permit under s. 125.28 (1) (b), no person may receive fermented malt beverages in this state which have been directly shipped from outside this state by any person other than the holder of a permit issued under this section. Subject to s. 125.34 (2), all shipments of fermented malt beverages to a wholesaler of fermented malt beverages in this state, whether shipped to the wholesaler from inside this state or from outside this state, shall be unloaded in, physically at rest in, and only then distributed from the wholesaler’s warehouse in this state.

73,26dp Section 26dp. 125.30 (2) of the statutes is amended to read:

125.30 (2) The application for an out-of-state shipper’s permit and the permit shall be on forms prescribed by the department division which shall contain provisions determined by the department division as necessary to effectuate the purposes of ss. 139.01 to 139.25 and shall include a provision that the permittee agrees to do all of the following:

(a) To comply Comply with s. 139.05 relating to filing a bond, filing returns, paying taxes, and record keeping;.

(b) To permit Permit inspections and examinations of the permittee’s premises and records by the department division and its duly authorized employees, as authorized under s. 139.08 (4); and 125.025 (3).

(c) To pay Pay the expenses reasonably attributable to such the inspections and examinations under par. (b) made within the United States.

73,26dq Section 26dq. 125.30 (2) (d) of the statutes is created to read:

125.30 (2) (d) Accept service of process and consent to jurisdiction in any proceeding in this state to enforce the provisions of this chapter or ch. 139.

73,26dr Section 26dr. 125.30 (3) of the statutes is renumbered 125.30 (3) (a) and amended to read:

125.30 (3) (a) Out-of-state shippers’ permits may be issued only to a person who holds a valid certificate issued under s. 73.03 (50), who is qualified under s. 125.04 (5), who does not maintain an office or street address in this state, and who is the primary source of supply for the brand of fermented malt beverages. An out-of-state shipper’s permit may not be issued to a person determined by the department division to be primarily engaged in wholesale or retail sales in another state. Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state shippers’ permits are not required to be residents of this state. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers’ permits are not required to appoint agents vested with authority over the premises as described in s. 125.04 (6) (a).

73,26ds Section 26ds. 125.30 (3) (b) of the statutes is created to read:

125.30 (3) (b) 1. A permittee under this section shall appoint and continually engage the services of an agent in this state to act as agent for the service of process on whom all processes, and any action or proceeding against the permittee concerning or arising out of the enforcement of any provision of this chapter or ch. 139, may be served in any manner authorized by law. That service shall constitute legal and valid service of process on the permittee. The permittee shall provide to the division, in the form and manner prescribed by the division, the name, address, phone number, and proof of the appointment and availability of the agent.

2. The permittee shall provide notice to the division 30 calendar days before termination of the authority of an agent under subd. 1. and shall provide proof to the satisfaction of the division of the appointment of a new agent no less than 5 calendar days before the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the permittee shall notify the division of that termination within 5 calendar days and shall include proof to the satisfaction of the division of the appointment of a new agent.

3. If a permittee fails to maintain an agent in this state after a permit is issued under this section, the permittee is considered to have appointed the department of financial institutions as the permittee’s agent, and the permittee may be proceeded against in courts of this state by service of process upon the department of financial institutions.

73,26dt Section 26dt. 125.30 (3) (c) of the statutes is created to read:

125.30 (3) (c) Subject to s. 125.20 (6), an out-of-state shipper’s permit may not be issued to any person who has an interest in a licensee or permittee holding any of the following:

1. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).

2. A Class “B” license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).

3. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

4. A wholesaler’s permit issued under s. 125.28 or 125.54.

73,26du Section 26du. 125.30 (3) (c) 5. of the statutes is created to read:

125.30 (3) (c) 5. A no-sale event venue permit issued under s. 125.24.

73,26dv Section 26dv. 125.30 (4) of the statutes is amended to read:

125.30 (4) An out-of-state brewer that manufactures 300,000 barrels or less of fermented malt beverages in a calendar year from all locations and that holds an out-of-state shipper’s permit may sell and ship fermented malt beverages directly to retail licensees if the out-of-state brewer registers with the department division, files whatever periodic reports with the department division as the department division may require, and complies with the requirements in ss. 125.33 and 125.34, as applicable, to the same extent as if the out-of-state brewer were a wholesaler holding a permit under s. 125.28.

73,26dw Section 26dw. 125.30 (5) of the statutes is amended to read:

125.30 (5) The department division may revoke or suspend an out-of-state shipper’s permit for such time as the department division determines, if the permittee violates any provision of the application or ss. 139.01 to 139.25.

73,26dx Section 26dx. 125.32 (2) of the statutes is amended to read:

125.32 (2) Operators licenses; Class “A,” or Class “B,” and other premises. Except as provided under sub. (3) (b) and ss. 125.07 (3) (a) 10. and 125.26 (6), no premises operated under a Class “A” or Class “B” license or permit may be open for business, and no person who holds a brewer’s permit, manufacturer’s or rectifier’s permit, or winery permit may allow the sale or provision of taste samples of fermented malt beverages on the brewery premises, manufacturing or rectifying premises, winery premises, or any retail outlet operated by the brewer, manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless there is upon the premises the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation or limited liability company, or some person who has an operator’s license and who is responsible for the acts of all persons serving any fermented malt beverages to customers. An operator’s license issued in respect to a vessel under s. 125.27 (2) is valid outside the municipality that issues it. For the purpose of this subsection, any person holding a manager’s license under s. 125.18 or any member of the licensee’s or permittee’s immediate family who has attained the age of 18 shall be considered the holder of an operator’s license. No person, including a member of the licensee’s or permittee’s immediate family, other than the licensee, permittee, or agent may serve fermented malt beverages in any place operated under a Class “A” or Class “B” license or permit or on brewery premises, manufacturing or rectifying premises, winery premises, or any retail outlet operated by a brewer, manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3) unless he or she has an operator’s license, is considered to have an operator’s license under this subsection, or is at least 18 years of age and is under the immediate supervision of the licensee, permittee, agent, or a person holding an operator’s license, who is on the premises at the time of the service.

73,26dy Section 26dy. 125.32 (2) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

125.32 (2) Operators licenses and permits; Class “A,” Class “B,” and other premises. Except as provided under sub. (3) (b) and ss. 125.07 (3) (a) 10. and 125.26 (6), no premises operated under a Class “A” or Class “B” license or permit may be open for business, and no person who holds a brewer’s permit, manufacturer’s or rectifier’s permit, or winery permit may allow the sale or provision of taste samples of fermented malt beverages on the brewery premises, manufacturing or rectifying premises, winery premises, or any retail outlet operated by the brewer, manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless there is upon the premises the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation or limited liability company, or some person who has an operator’s license or operator’s permit and who is responsible for the acts of all persons serving any fermented malt beverages to customers. An operator’s license issued in respect to a vessel under s. 125.27 (2) is valid outside the municipality that issues it. For the purpose of this subsection, any person holding a manager’s license under s. 125.18 or any member of the licensee’s or permittee’s immediate family who has attained the age of 18 shall be considered the holder of an operator’s license. No person other than the licensee, permittee, or agent may serve fermented malt beverages in any place operated under a Class “A” or Class “B” license or permit or on brewery premises, manufacturing or rectifying premises, winery premises, or any retail outlet operated by a brewer, manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3) unless he or she has an operator’s license or operator’s permit, is considered to have an operator’s license under this subsection, or is at least 18 years of age and is under the immediate supervision of the licensee, permittee, agent, or a person holding an operator’s license or operator’s permit, who is on the premises at the time of the service.

73,26eb Section 26eb. 125.32 (3m) (L) of the statutes is created to read:

125.32 (3m) (L) An axe throwing facility.

73,26ec Section 26ec. 125.32 (6) (a) of the statutes is amended to read:

125.32 (6) (a) Except as provided in s. 125.33 (2) (o) or (12), 125.69 (9), or 125.70, and subject to par. (c), no person may possess on the premises covered by a retail or wholesale fermented malt beverages license or permit any alcohol beverages not authorized by law for sale on the premises.

73,26ed Section 26ed. 125.33 (2) (a) of the statutes is amended to read:

125.33 (2) (a) Give to any campus or Class “B” licensee or permittee, at any given time, for placement inside the premises, signs, clocks, or menu boards with an aggregate value of not more than $2,500. If a gift of any item would cause the $2,500 limit to be exceeded, the recipient shall pay the brewer, brewpub, or wholesaler the amount of the item’s value in excess of $2,500. Each recipient shall keep an invoice or credit memo containing the name of the donor and the number and value of items received under this paragraph. The value of an item is its cost to the donor. Each recipient shall make the records kept under this paragraph available to the department division for inspection upon request.

73,26ee Section 26ee. 125.33 (2) (d) of the statutes is amended to read:

125.33 (2) (d) Sell to a campus or Class “B” licensee or permittee at fair market value equipment designed and intended to preserve and maintain the sanitary dispensing of fermented malt beverages or any services necessary to maintain this kind of equipment. A brewer, brewpub, or wholesaler shall charge the same price per unit of equipment to each campus or Class “B” licensee or permittee making the same or a similar purchase, and shall charge the same rate to each campus or Class “B” licensee or permittee purchasing maintenance services under this subdivision. Each brewer, brewpub, or wholesaler shall keep records of each transaction under this subdivision and shall make the records available to the department division upon request.

73,26ef Section 26ef. 125.33 (2) (hr) of the statutes is created to read:

125.33 (2) (hr) Enter into a landlord­tenant relationship with a Class “B” licensee or permittee if all of the requirements under s. 125.20 (6) (b) are satisfied.

73,26eg Section 26eg. 125.33 (9) of the statutes is renumbered 125.33 (9) (a) and amended to read:

125.33 (9) (a) Except as provided in ss. 125.29 (3m) (b) and (c), 125.295 (1) (g), and 125.30 (4), no campus or retail licensee or permittee may purchase or possess fermented malt beverages purchased from any person other than a wholesaler holding a permit under this chapter for the sale of fermented malt beverages.

(b) Any person who violates this subsection may par. (a), if the total volume of fermented malt beverages purchased or possessed by that person in one month is 4,320 fluid ounces or less, may be required to forfeit not more than $100. A person who purchases or possesses more than 4,320 fluid ounces of fermented malt beverages in one month in violation of par. (a) shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.

73,26eh Section 26eh. 125.33 (9) (c) of the statutes is created to read:

125.33 (9) (c) Notwithstanding par. (b), a Class “B” licensee or permittee who purchases fermented malt beverages from a Class “A” licensee for resale or who possesses fermented malt beverages purchased from a Class “A” licensee for resale may be fined not more than $100.

73,26ei Section 26ei. 125.33 (12) of the statutes is amended to read:

125.33 (12) Providing taste samples on Class “A” retail premises. Notwithstanding s. 125.34 (6), with the consent of the Class “A” or Class “B” licensee, a brewer may provide, free of charge, on Class “A” or Class “B” premises, taste samples of fermented malt beverages to any person who has attained the legal drinking age for consumption on the premises during hours in which the Class “A” licensee is authorized under s. 125.25 (1) to provide taste samples or, if more restrictive, only during hours established by ordinance by a municipality under s. 125.32 (3) (d) between the hours of 11 a.m. and 7 p.m. The provision of taste samples under this subsection shall be subject to the same limitations that apply to taste samples provided by a Class “A” licensee under s. 125.25 (1). No brewer may provide as taste samples under this subsection any fermented malt beverages that the brewer did not purchase from the Class “A” licensee on whose premises the taste samples are provided. A brewer may provide taste samples of any fermented malt beverages that the brewer purchased from the retail licensee or that the brewer produced on premises covered by its brewer’s permit and brings to the retail premises, but the brewer may not leave at the retail premises any unused fermented malt beverages not purchased from the retail licensee. A brewer may provide taste samples under this subsection through an individual representing the brewer who is hired by the brewer and who is not employed by or an agent of a wholesaler. All provisions of this subsection that apply to a brewer apply equally to any individual representing a brewer.

73,26ej Section 26ej. 125.34 (6) of the statutes is amended to read:

125.34 (6) Except as provided in ss. 125.29 (3), (3m) (b) and (c), and (7) and 125.30 (4), a brewer or out-of-state shipper may sell, transport, and deliver fermented malt beverages only to a wholesaler.

73,26ek Section 26ek. 125.51 (1) (a) of the statutes is amended to read:

125.51 (1) (a) Subject to sub. (2) (e) 2., every municipal governing body may grant and issue “Class A” and “Class B” licenses for retail sales of intoxicating liquor, and “Class C” licenses for retail sales of wine, from premises within the municipality to persons entitled to a license under this chapter as the issuing municipal governing body deems proper and may authorize an official or body of the municipality to issue temporary “Class B” licenses under sub. (10). No “Class B” license may be issued to a winery under sub. (3) (am) unless the winery has been issued a permit under s. 125.53 and the winery is capable of producing at least 5,000 gallons of wine per year in no more than 2 locations.

73,26em Section 26em. 125.51 (2) (am) of the statutes is amended to read:

125.51 (2) (am) In addition to the authorization under par. (a) and s. 125.06 (13), a “Class A” license authorizes the licensee to provide, free of charge, to customers and visitors who have attained the legal drinking age, taste samples of intoxicating liquor other than wine that are not in original packages or containers and that do not exceed 0.5 fluid ounces each, for consumption on the “Class A” premises. No “Class A” licensee may provide more than one such taste sample per day to any one person. Taste samples may be provided under this paragraph only between the hours of 11 a.m. and 7 p.m. and may not exceed the quantities specified in s. 125.69 (9) (b). Any representative of a manufacturer, rectifier, winery, or out-of-state shipper issued a permit under s. 125.52, 125.53, or 125.58 may assist the “Class A” licensee in dispensing or serving the taste samples. No “Class A” licensee may provide as taste samples under this paragraph intoxicating liquor other than wine that the “Class A” licensee did not purchase from a wholesaler.

73,26en Section 26en. 125.51 (2) (e) 3. of the statutes is amended to read:

125.51 (2) (e) 3. Notwithstanding par. pars. (a) and (am) and s. 125.06 (13) 125.69 (9), a person issued a “Class A” license under subd. 2. may not make retail sales, or provide taste samples, of any intoxicating liquor other than cider. Paragraph (am) does not apply to a person issued a “Class A” license under subd. 2, and may not allow a winery, manufacturer, or rectifier to provide taste samples of any intoxicating liquor other than cider, on the “Class A” premises.

73,26eo Section 26eo. 125.51 (3) (a) of the statutes is amended to read:

125.51 (3) (a) A “Class B” license authorizes the retail sale of intoxicating liquor by the glass and not in the original package or container for consumption on the premises where sold or for consumption off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises. In addition, wine may be sold in the original package or container in any quantity to be consumed off the premises where sold. This paragraph does not apply in municipalities in which the governing body elects to come under par. (b) or to a winery that has been issued a “Class B” license. Paragraph (am) applies to all wineries that have been issued a “Class B” license.

73,26ep Section 26ep. 125.51 (3) (am) of the statutes is repealed.

73,26eq Section 26eq. 125.51 (3) (b) of the statutes is amended to read:

125.51 (3) (b) In all municipalities electing by ordinance to come under this paragraph, a retail “Class B” license authorizes the sale of intoxicating liquor to be consumed by the glass on the premises where sold or off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises. The “Class B” license also authorizes the sale of intoxicating liquor in the original package or container, in any quantity, to be consumed off the premises where sold. This paragraph does not apply to a winery that has been issued a “Class B” license. Paragraph (am) applies to all wineries that have been issued a “Class B” license.

73,26er Section 26er. 125.51 (3) (bg) of the statutes is created to read:

125.51 (3) (bg) 1. In this paragraph, “bulk container” means a container exceeding 1.75 liters in volume.

2. This paragraph applies only with respect to a “Class B” licensee exercising its authority under par. (a) or (b) to make retail sales of intoxicating liquor for consumption on the premises where sold or for consumption off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises.

3. Notwithstanding s. 125.03 (2) and any rule promulgated thereunder, a “Class B” licensee may, on the licensed premises, prepare, store, and dispense mixed drinks containing intoxicating liquor, in advance of sale as described in subd. 2., if all of the following apply:

a. The mixed drink is provided to the consumer in a glass or other container not exceeding 72 ounces in volume.

b. The mixed drink has not been stored in a container for more than 48 hours prior to its sale to a customer.

c. If the mixed drink is stored in or dispensed from a bulk container, the bulk container does not exceed 5 gallons in volume and is labeled in compliance with the requirements established under subd. 4.

d. The licensee has not stored the mixed drink in or dispensed the mixed drink from a wine bottle and has ensured compliance with ss. 125.68 (8) (a) 2. and 3. and 125.69 (6), as well as compliance with any other applicable state or federal food safety regulation and any federal alcohol regulation.

4. The division shall prescribe the form of the label to be used by “Class B” licensees under subd. 3. c., but the form shall require the licensee to disclose on the label all of the following information:

a. That the container holds a batch of premixed drinks and the date and time the batch was prepared.

b. Following the words “expiration date,” the date and time that is 48 hours after the date and time the batch was prepared.

c. The words “contains alcohol.”

d. The name of the person who prepared the batch of premixed drinks in the container.

e. The ingredients of the batch of premixed drinks, unless the label contains a recipe title for the batch and the recipe, with a complete ingredient list, is maintained on the “Class B” premises and is available for inspection.

5. Section 125.68 (9) (b) does not apply with respect to a container used by a “Class B” licensee solely to prepare, store, or dispense mixed drinks in compliance with this paragraph.

73,26es Section 26es. 125.51 (3) (bm) of the statutes is amended to read: