2023 Wisconsin Act 73

(f) Subject to s. 125.20 (6), a “Class B” license or permit or “Class C” license may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

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

2. A brewer’s permit issued under s. 125.29.

3. Except as provided in s. 125.295 (1) (h), (2) (a) 6. e., and (3) (c), a brewpub permit issued under s. 125.295.

4. A winery permit issued under s. 125.53.

5. A manufacturer’s or rectifier’s permit issued under s. 125.52.

6. An out-of-state shipper’s permit issued under s. 125.30 or 125.58.

73,26ke Section 26ke. 125.69 (1) (a) 5., (b) 5m., (c) 9. and (d) 5. of the statutes are created to read:

125.69 (1) (a) 5. A no-sale event venue permit issued under s. 125.24.

(b) 5m. A no-sale event venue permit issued under s. 125.24.

(c) 9. A no-sale event venue permit issued under s. 125.24.

(d) 5. A no-sale event venue permit issued under s. 125.24.

73,26kg Section 26kg. 125.69 (4) (e) of the statutes is amended to read:

125.69 (4) (e) Costs. The cost of administering this subsection shall be charged to the manufacturer, rectifier and wholesaler permittees. The department division shall determine the costs and shall establish the procedure for apportioning the cost against the permittees and provide for the method of payment to the department division.

73,26ki Section 26ki. 125.69 (7) of the statutes is amended to read:

125.69 (7) License or permit revocation. The violation of sub. (1), (3) or (5), or s. 125.20 (5) (d) as it relates to sub. (1), is sufficient cause for the revocation of the license or permit of any licensee or permittee receiving the benefit from the prohibited act as well as the revocation of the license or permit of the licensee or permittee committing the prohibited act.

73,26km Section 26km. 125.69 (9) of the statutes is created to read:

125.69 (9) Providing taste samples on retail premises. (a) Subject to par. (e), with the consent of the “Class A,” “Class B,” or “Class C” licensee, a winery, manufacturer, or rectifier may provide, free of charge, on “Class A,” “Class B,” or “Class C” premises, taste samples of intoxicating liquor to any person who has attained the legal drinking age for consumption on the premises between the hours of 11 a.m. and 7 p.m.

(b) A taste sample of wine may not exceed 3 fluid ounces and a person may not receive more than 2 taste samples of wine per day. A taste sample of intoxicating liquor other than wine may not exceed 0.5 fluid ounces and a person may receive not more than one taste sample of such intoxicating liquor per day.

(c) A winery, manufacturer, or rectifier may provide taste samples of any intoxicating liquor purchased from the retail licensee or of any intoxicating liquor the winery, manufacturer, or rectifier produced on premises covered by its winery permit, manufacturer’s permit, or rectifier’s permit and brings to the retail premises, but the winery, manufacturer, or rectifier may not leave at the retail premises any unused intoxicating liquor not purchased from the retail licensee.

(d) Any representative of a manufacturer, rectifier, or winery issued a permit under s. 125.52 or 125.53 may assist the retail licensee in dispensing or serving the taste samples.

(e) This subsection authorizes taste samples only of wine on “Class C” licensed premises.

73,27 Section 27. 134.65 (title) of the statutes is amended to read:

134.65 (title) Cigarette, electronic vaping devices, and tobacco products retailer license.

73,28 Section 28. 134.65 (1) of the statutes is renumbered 134.65 (1d) and amended to read:

134.65 (1d) No person shall in any manner, or upon any pretense, or by any device, directly or indirectly sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away any cigarettes, electronic vaping devices, or tobacco products to any person not holding a license as herein provided or a permit under ss. 139.30 to 139.41 or 139.79 without first obtaining a license from the clerk of the city, village or town wherein such privilege is sought to be exercised.

73,29 Section 29. 134.65 (1a) of the statutes is created to read:

134.65 (1a) In this section:

(a) “Cigarette” has the meaning given in s. 139.30 (1m).

(b) “Electronic vaping device” means a device that may be used to deliver any aerosolized or vaporized liquid or other substance for inhalation, regardless of whether the liquid or other substance contains nicotine, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic vaping device” includes a component, part, or accessory of the device, and includes a liquid or other substance that may be aerosolized or vaporized by such device, regardless of whether the liquid or other substance contains nicotine. “Electronic vaping device” does not include a battery or battery charger when sold separately. “Electronic vaping device” does not include drugs, devices, or combination products authorized for sale by the U.S. food and drug administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

(c) “Tobacco products” has the meaning given in s. 139.75 (12).

(d) “Vending machine” has the meaning given in s. 139.30 (14).

73,30 Section 30. 134.65 (1g) of the statutes is created to read:

134.65 (1g) (a) The department of revenue shall create an application form for licenses issued under sub. (1d). The form shall require all of the following information from an applicant:

1. The applicant’s history relevant to the applicant’s fitness to hold a license under sub. (1d).

2. The kind of license for which the applicant is applying.

3. The premises where cigarettes, electronic vaping devices, or tobacco products will be sold or stored.

4. If the applicant is a corporation, the identity of the corporate officers and agent.

5. If the applicant is a limited liability company, the identity of the company members or managers and agent.

6. The applicant’s trade name, if any.

7. Whether the applicant will sell, exchange, barter, dispose of, or give away the cigarettes, electronic vaping devices, or tobacco products over the counter or in a vending machine, or both.

8. Any other information required by the department of revenue.

(b) The department of revenue shall make the form prepared under this subsection available to all cities, villages, and towns.

(c) An applicant for a license under sub. (1d) shall use the form prepared under this subsection.

(d) An application for a license under sub. (1d) shall be signed by the applicant and the applicant shall submit the application to the clerk of the city, village, or town where the intended place of sale is located.

(e) Within 30 days of any change in any fact set forth in an application for a license under sub. (1d), the applicant or licensee shall file a written description of the change with the clerk of the city, village, or town where the application was submitted.

(f) Any person may inspect applications for a license under sub. (1d). The clerk of a city, village, or town where such applications are submitted shall retain all applications, except that the clerk may destroy any application that is 4 or more years old.

73,31 Section 31. 134.65 (1m) of the statutes is renumbered 134.65 (1m) (a) (intro.) and amended to read:

134.65 (1m) (a) (intro.) A city, village, or town clerk may not issue a license under sub. (1) (1d) unless the applicant specifies in the license application whether the applicant will sell, exchange, barter, dispose of, or give away the cigarette or tobacco products over the counter or in a vending machine, or both. meets all of the following requirements:

73,32 Section 32. 134.65 (1m) (a) 1. and 2. of the statutes are created to read:

134.65 (1m) (a) 1. Subject to ss. 111.321, 111.322, and 111.335, the applicant has not habitually been a law offender or been convicted of a felony unless pardoned.

2. The applicant has submitted the proof required under s. 77.61 (11).

73,33 Section 33. 134.65 (1m) (b) of the statutes is created to read:

134.65 (1m) (b) The requirements under par. (a) apply to all partners of a partnership, all members of a limited liability company, all agents of a limited liability company or corporation, and all officers of a corporation. Subject to ss. 111.321, 111.322, and 111.335, if a business entity has been convicted of a crime, the entity may not be issued a license under sub. (1d) unless the entity has terminated its relationship with the individuals whose actions directly contributed to the conviction.

73,34 Section 34. 134.65 (1r) of the statutes is amended to read:

134.65 (1r) A city, village, or town clerk may not require an applicant’s signature on an application for a cigarette, electronic vaping devices, and tobacco products retailer license to be notarized. If a city, village, town, or any department of this state prepares an application form for a cigarette, electronic vaping devices, and tobacco products retailer license, the form may not require an applicant’s signature on the form to be notarized.

73,35 Section 35. 134.65 (2m) of the statutes is created to read:

134.65 (2m) Annually, no later than July 15, the clerk of a city, village, or town issuing licenses under sub. (1d) shall submit to the department of revenue, in a manner prescribed by the department, a list of licenses issued by the city, village, or town under sub. (1d) during the previous fiscal year. The list shall include the name, address, seller’s permit number, and trade name of the licensee and the type of license held. The department of revenue shall publish this list annually on the department’s website.

73,36 Section 36. 134.65 (3m) of the statutes is created to read:

134.65 (3m) A person holding a license under sub. (1d) shall enclose the license in a frame that has a transparent front that allows the license to be read clearly. The licensee shall conspicuously display the license for public inspection at all times in the room or place where the activity subject to licensure is carried out.

73,37 Section 37. 134.65 (4) of the statutes is amended to read:

134.65 (4) Every licensed retailer shall keep complete and accurate records of all purchases and receipts of cigarettes, electronic vaping devices, and tobacco products. Such records shall be preserved on the licensed premises for 2 years in such a manner as to insure permanency and accessibility for inspection and shall be subject to inspection at all reasonable hours by authorized state and local law enforcement officials.

73,38 Section 38. 134.65 (5m) of the statutes is amended to read:

134.65 (5m) Any person who knowingly provides materially false information in an application for a cigarette, electronic vaping devices, and tobacco products retailer license under this section may be required to forfeit not more than $1,000.

73,39 Section 39. 134.65 (8) of the statutes is amended to read:

134.65 (8) The uniform licensing of cigarette, electronic vaping devices, and tobacco products retailers is a matter of statewide concern. A city, village, or town may adopt an ordinance regulating the issuance, suspension, revocation, or renewal of a license under this section only if the ordinance strictly conforms to this section. If a city, village, or town has in effect on May 1, 2016, an ordinance that does not strictly conform to this section, the ordinance does not apply and may not be enforced.

73,40 Section 40. 134.66 (1) (g) of the statutes is amended to read:

134.66 (1) (g) “Retailer” means any person licensed under s. 134.65 (1) (1d).

73,40b Section 40b. 139.01 (2p) of the statutes is created to read:

139.01 (2p) “Division” means the division of alcohol beverages in the department.

73,40c Section 40c. 139.01 (4) of the statutes is amended to read:

139.01 (4) “License,” and “fermented malt beverages” have the same meaning as in s. 125.02, and “licensed premises” are premises described in licenses and permits issued by the department division, cities, villages, or towns under the authority of said section.

73,40d Section 40d. 139.01 (4) of the statutes, as affected by 2023 Wisconsin Act .... (this act), section 40c, is amended to read:

139.01 (4) “License,” and “fermented malt beverages” have the same meaning as in s. 125.02, and “licensed premises” are premises described in licenses and permits issued by the division, cities, villages, or towns under the authority of said section, other than a permit issued under s. 125.175.

73,40e Section 40e. 139.01 (4) of the statutes, as affected by 2023 Wisconsin Act .... (this act), section 40d, is amended to read:

139.01 (4) “License,” and “fermented malt beverages” have the same meaning as in s. 125.02, and “licensed premises” are premises described in licenses and permits issued by the division, cities, villages, or towns under the authority of said section, other than a permit permits issued under s. ss. 125.175 and 125.24.

73,40f Section 40f. 139.01 (6) of the statutes is amended to read:

139.01 (6) A “rectifier” is a person who rectifies, purifies or refines distilled spirits or wines by any process other than by original and continuous distillation from mash, wort or wash, through continuous closed vessels or pipes, until the manufacture thereof is complete, or who has in his or her possession any still or leach tub or keeps any other apparatus for the purpose of refining in any manner distilled spirits or the other liquors, or who after rectifying and purifying distilled spirits, by mixing such spirits or liquors with any materials, manufactures any spurious, imitation or compound liquors for sale, and any person who, without rectifying, purifying or refining distilled spirits, by mixing such spirits with any materials, manufactures any spurious, imitation or compound liquors for sale under the name of “whiskey,” “brandy,” “gin,” “rum,” “spirits,” “cordials” or any other name, and who is also a distiller or is under substantially the same management or control as a distiller. A rectifier may sell at wholesale intoxicating liquors rectified by him or her without any other license than that of a rectifier. “Rectifier” does not include a “Class B” licensee that prepares, stores, or dispenses mixed drinks in advance of sale in compliance with s. 125.51 (3) (bg).

73,40g Section 40g. 139.03 (5) (a) of the statutes is amended to read:

139.03 (5) (a) No person who enters this state from another state may have in his or her possession and bring into the state any intoxicating liquor or wine. The prohibition in this paragraph does not apply to a person who changes his or her domicile from another state or a foreign country to this state and who brings into this state intoxicating liquor and wine constituting household goods. The prohibition in this paragraph does not apply to intoxicating liquor or wine consigned to any person having a permit from the secretary division to engage in the sale of such intoxicating liquor or wine.

73,40h Section 40h. 139.04 (4) of the statutes is amended to read:

139.04 (4) Sale or shipment of fermented malt beverages by a brewer to a bottler or between brewers, or of intoxicating liquor, whether in bulk or any state of packaging, between manufacturers, rectifiers, and wineries.

73,40i Section 40i. 139.06 (3) of the statutes is amended to read:

139.06 (3) In shipping intoxicating liquor, whether in bulk for the purpose of bottling or rectifying to a rectifier located within the state or in any state of packaging, to a manufacturer or rectifier holding a permit under s. 125.52, the manufacturer or rectifier shall securely affix thereto a label or statement, in such form as is prescribed by the secretary, reciting that the shipment is made for the purpose of bottling or rectifying a tax-exempt transfer between producers as authorized under s. 139.04 (4). Each manufacturer or rectifier making such shipments shall file an information report that shows the dates and quantities of shipments and the name and address of each consignee.

73,40j Section 40j. 139.08 (3) of the statutes is amended to read:

139.08 (3) Police powers. The department of revenue shall enforce and the duly authorized employees of the department shall have all necessary police powers to prevent violations of s. 134.65, and this subchapter and ch. 125.

73,40k Section 40k. 139.08 (4) of the statutes is amended to read:

139.08 (4) Inspection for enforcement. Duly authorized employees of the department of justice and the department of revenue and any sheriff, police officer, marshal, or constable, within their respective jurisdictions, may at all reasonable hours enter any licensed premises, and examine the books, papers, and records of any brewer, brewpub, manufacturer, bottler, rectifier, wholesaler, or retailer, for the purpose of inspecting the same and determining whether the tax and fee imposed by ss. 139.01 to 139.25 have been fully paid, and may inspect and examine, according to law, any premises where fermented malt beverages or intoxicating liquors are manufactured, sold, exposed for sale, possessed, or stored, for the purpose of inspecting the same and determining whether the tax imposed by ss. 139.01 to 139.25 has been fully paid, and whether ss. 139.01 to 139.25 and ch. 125 are being complied with. Any refusal to permit such examination of such premises is sufficient grounds under s. 125.12 for revocation or suspension of any license or permit granted for the sale of any fermented malt beverages or intoxicating liquors and is punishable under s. 139.25 (10).

73,40m Section 40m. 139.08 (5) of the statutes is created to read: