Amendment SA2-SB268

SB268-SA2,3,24 125.02 (6d) “Fulfillment house" means any entity, whether located in this state or elsewhere, that handles logistics, including warehousing, packaging, order fulfillment, or shipping services, on behalf of a person holding a direct wine shipper's permit under s. 125.535 for wine that is eligible to be shipped to individuals in this state.

SB268-SA2,21d Section 21d. 125.02 (6g) of the statutes is created to read:

SB268-SA2,4,5 125.02 (6g) “Full-service retail sales" means retail sales of fermented malt beverages or intoxicating liquor, for on-premises or off-premises consumption, or the provision of taste samples of fermented malt beverages or intoxicating liquor, or any combination of these activities.

SB268-SA2,21e Section 21e. 125.02 (12) of the statutes is amended to read:

SB268-SA2,4,9 125.02 (12) “Peace officer" means a sheriff, undersheriff, deputy sheriff, police officer, constable, marshal, deputy marshal or any employee of the department division or of the department of justice authorized to act under this chapter.

SB268-SA2,21f Section 21f. 125.02 (13) of the statutes is amended to read:

SB268-SA2,4,12 125.02 (13) Except as provided in ss. 125.27 (6) and 125.51 (5) (g), “permit” means any permit issued by the department division under this chapter.

SB268-SA2,21g Section 21g. 125.02 (14m) of the statutes is amended to read:

SB268-SA2,4,15 125.02 (14m) “Premises" means the area described in a license or permit, excluding a permit issued under s. 125.175.

SB268-SA2,21h Section 21h. 125.02 (14m) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB268-SA2,4,19 125.02 (14m) “Premises" means the area described in a license or permit, excluding a permit issued under s. 125.175 or 125.24.

SB268-SA2,21i Section 21i. 125.02 (16) of the statutes is renumbered 125.02 (16) (am).

SB268-SA2,21j Section 21j. 125.02 (16) (bm) of the statutes is created to read:

SB268-SA2,4,24 125.02 (16) (bm) “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).

SB268-SA2,21k Section 21k. 125.02 (23) of the statutes is amended to read:

SB268-SA2,5,3 125.02 (23) “Wine collector" means an individual who meets the standards established by the department division by rule and who is registered with the department division as a collector of wine.

SB268-SA2,21L Section 21L. 125.025 of the statutes is created to read:

SB268-SA2,5,12 125.025 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.

SB268-SA2,5,17 (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.

SB268-SA2,5,20 (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.

SB268-SA2,5,23 (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.

SB268-SA2,6,9 (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).

SB268-SA2,6,12 (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.

SB268-SA2,21m Section 21m. 125.025 (3) of the statutes, as created by 2023 Wisconsin Act .... (this act), is amended to read:

SB268-SA2,7,2 125.025 (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).

SB268-SA2,21n Section 21n. 125.03 (title) of the statutes is amended to read:

SB268-SA2,7,4 125.03 (title) Department Division rule making.

SB268-SA2,21o Section 21o. 125.03 (1) (a) of the statutes is amended to read:

SB268-SA2,7,8 125.03 (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.

SB268-SA2,21p Section 21p. 125.03 (1) (b) of the statutes is amended to read:

SB268-SA2,7,13 125.03 (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).

SB268-SA2,21q Section 21q. 125.03 (2) of the statutes is amended to read:

SB268-SA2,7,20 125.03 (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).

SB268-SA2,21r Section 21r. 125.04 (3) (a) (intro.) of the statutes is amended to read:

SB268-SA2,7,25 125.04 (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:

SB268-SA2,21rm Section 21rm. 125.04 (3) (a) (intro.) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB268-SA2,8,6 125.04 (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:

SB268-SA2,21s Section 21s. 125.04 (3) (a) 1. of the statutes is amended to read:

SB268-SA2,8,10 125.04 (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.

SB268-SA2,21t Section 21t. 125.04 (3) (b) of the statutes is amended to read:

SB268-SA2,8,14 125.04 (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.

SB268-SA2,21u Section 21u. 125.04 (3) (bm) (intro.) of the statutes is amended to read:

SB268-SA2,8,18 125.04 (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:

SB268-SA2,21v Section 21v. 125.04 (3) (c) of the statutes is amended to read:

SB268-SA2,8,21 125.04 (3) (c) Distribution. The department division shall make one copy of each kind of license application that it prepares available to each municipality.

SB268-SA2,21w Section 21w. 125.04 (3) (d) 1. of the statutes is amended to read:

SB268-SA2,8,24 125.04 (3) (d) 1. An application form prepared by the department division shall be used by each applicant for a permit.

SB268-SA2,21x Section 21x. 125.04 (3) (d) 2. of the statutes is amended to read:

SB268-SA2,9,3 125.04 (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.

SB268-SA2,21y Section 21y. 125.04 (3) (e) 2. of the statutes is amended to read:

SB268-SA2,9,6 125.04 (3) (e) 2. The applicant shall file the application for a permit with the department division.”.

SB268-SA2,9,8 6. Page 13, line 17: after “fact" insert “, including any change in restricted investors under s. 125.20 (6) (a) 5".

SB268-SA2,9,9 7. Page 13, line 17: after that line insert:

SB268-SA2,9,10 “ Section 22g. 125.04 (3) (j) of the statutes is amended to read:

SB268-SA2,9,15 125.04 (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.

SB268-SA2,22m Section 22m. 125.04 (3) (k) of the statutes is created to read:

SB268-SA2,9,22 125.04 (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.”.

SB268-SA2,9,23 8. Page 13, line 20: delete “department" and substitute “department division".

SB268-SA2,9,24 9. Page 13, line 24: delete “department" and substitute “ division".

SB268-SA2,10,1 10. Page 13, line 25: delete “department's" and substitute “ division's".

SB268-SA2,10,2 11. Page 13, line 25: after that line insert:

SB268-SA2,10,3 “ Section 23g. 125.04 (5) (a) 5. of the statutes is amended to read:

SB268-SA2,10,12 125.04 (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.

SB268-SA2,23h Section 23h. 125.04 (5) (a) 5. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB268-SA2,10,24 125.04 (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.

SB268-SA2,23j Section 23j. 125.04 (5) (d) 1. of the statutes is amended to read:

SB268-SA2,11,6 125.04 (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.

SB268-SA2,23k Section 23k. 125.04 (5) (d) 2. of the statutes is amended to read:

SB268-SA2,11,11 125.04 (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.

SB268-SA2,23m Section 23m. 125.04 (5) (d) 3. a. of the statutes is amended to read:

SB268-SA2,11,14 125.04 (5) (d) 3. a. Applicants for operators' licenses under s. 125.17 and for operators' permits under s. 125.175.

SB268-SA2,23n Section 23n. 125.04 (6) (g) of the statutes is amended to read:

SB268-SA2,11,20 125.04 (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.

SB268-SA2,23o Section 23o. 125.04 (8) (title) of the statutes is amended to read:

SB268-SA2,11,22 125.04 (8) (title) Payment of license fee; permit fees.

SB268-SA2,23p Section 23p. 125.04 (8) of the statutes is renumbered 125.04 (8) (a).

SB268-SA2,23q Section 23q. 125.04 (8) (b) of the statutes is created to read:

SB268-SA2,12,5 125.04 (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.

SB268-SA2,23r Section 23r. 125.04 (8) (b) of the statutes, as created by 2023 Wisconsin Act .... (this act), is amended to read:

SB268-SA2,12,12 125.04 (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.”.

SB268-SA2,12,14 12. Page 14, line 3: on lines 3 and 4, delete “department" and substitute “division".

SB268-SA2,12,15 13. Page 14, line 5: after that line insert:

SB268-SA2,12,16 “ Section 24c. 125.04 (12) (a) of the statutes is amended to read:

SB268-SA2,13,2 125.04 (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).

SB268-SA2,24d Section 24d. 125.045 (title) of the statutes is amended to read:

SB268-SA2,13,5 125.045 (title) Booklet for licensees and permittees; safe ride program information.

SB268-SA2,24e Section 24e. 125.045 (1) of the statutes is amended to read:

SB268-SA2,13,9 125.045 (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.

SB268-SA2,24f Section 24f. 125.045 (2) of the statutes is renumbered 125.045 (2) (a) and amended to read: