Amendment SA2-SB268

SB268-SA2,21,19 125.12 (6) (a) Any person may file a sworn written complaint with the department division alleging that an intoxicating liquor wholesaler has violated s. 125.54 (7) (a). The complaint shall identify the specific legal basis for the complaint and sufficient facts for the department division to determine whether there is cause to find that a violation has occurred. The department division shall provide a copy of the complaint to any wholesaler against whom allegations are made, along with notice of the time period under par. (b) to show cause why the wholesaler's permit should not be revoked or suspended or to request a hearing.

SB268-SA2,25q Section 25q. 125.12 (6) (b) of the statutes is amended to read:

SB268-SA2,21,24 125.12 (6) (b) Within 30 days of receiving a copy of the complaint under par. (a), any wholesaler against whom allegations are made may file a sworn written response or a written request for an evidentiary hearing before the department division under s. 227.44.

SB268-SA2,25r Section 25r. 125.12 (6) (c) of the statutes is amended to read:

SB268-SA2,22,9 125.12 (6) (c) Subject to pars. (d) 1. and (dm), if no request for an evidentiary hearing is made under par. (b), within 60 days of receiving any response under par. (b) or, if no response is made, within 60 days of the date on which a response or request for hearing is due under par. (b), the department division shall make a written decision as to whether a violation has occurred and either dismiss the complaint or take action under par. (e). Any decision under this paragraph shall include findings of fact and conclusions of law and shall state all reasons for the decision. The department division shall provide a copy of the decision to the complainant and to any wholesaler against whom allegations are made.

SB268-SA2,25s Section 25s. 125.12 (6) (cm) of the statutes is amended to read:

SB268-SA2,22,19 125.12 (6) (cm) Subject to pars. (d) 2. and (dm), if a request for an evidentiary hearing is made under par. (b), the hearing shall be conducted in the manner specified for a contested case under ss. 227.44 to 227.50, except that the hearing shall be conducted within 45 days of receiving the request for hearing under par. (b) and the department division shall make its written decision, including whether a violation has occurred and whether the complaint is dismissed or action is taken under par. (e), within 15 days after the hearing. In addition to service of the decision as provided under s. 227.48, the department division shall provide a copy of the decision to the complainant.

SB268-SA2,25t Section 25t. 125.12 (6) (d) of the statutes is amended to read:

SB268-SA2,23,2 125.12 (6) (d) 1. If no request for an evidentiary hearing is made under par. (b), within 60 days of receiving any response under par. (b) or, if no response is made, within 60 days of the date on which a response or request for hearing is due under par. (b), the department division may extend the time period for making a decision under par. (c) by an additional 60 days if the department division provides notice within the time period specified in par. (c) that an additional 60 days is necessary for investigation.

SB268-SA2,23,7 2. If a request for an evidentiary hearing is made under par. (b), within 45 days of receiving the request for hearing under par. (b), the department division may extend the time period for conducting the hearing by an additional 45 days if the department division provides notice within 45 days of receiving the request for hearing under par. (b) that an additional 45 days is necessary for investigation.

SB268-SA2,25u Section 25u. 125.12 (6) (dm) of the statutes is amended to read:

SB268-SA2,23,18 125.12 (6) (dm) Within 45 days of receiving any response or request for hearing under par. (b) or, if no response or request for hearing is made, within 45 days of the date on which a response or request for hearing is due under par. (b), the department division may elect to file a complaint in circuit court under sub. (4) that includes all allegations of the complaint under par. (a) for which the department division determines there is cause to find that a violation of s. 125.54 (7) (a) has occurred. If the department division files a complaint in circuit court as provided under this paragraph, the department division shall not conduct a hearing under par. (cm) or make a written decision under par. (c), but shall proceed with the matter as provided under sub. (4).

SB268-SA2,25v Section 25v. 125.12 (6) (e) of the statutes is amended to read:

SB268-SA2,23,23 125.12 (6) (e) If the department division finds the allegations under par. (a) true and sufficient, the department division shall either suspend for not less than 10 days nor more than 90 days or revoke the wholesaler's permit, and give notice of the suspension or revocation to the wholesaler.”.

SB268-SA2,23,24 15. Page 14, line 10: delete “department" and substitute “division".

SB268-SA2,24,1 16. Page 14, line 12: after that line insert:

SB268-SA2,24,2 “ Section 26ab. 125.13 of the statutes is amended to read:

SB268-SA2,24,10 125.13 Report of suspension, revocation , or imposition of penalty. Whenever a municipal governing body or court revokes or suspends a license or permit or imposes a penalty on a licensee or permittee for the violation of this chapter, the clerk of the municipality or court revoking or suspending the license or imposing the penalty shall, within 10 days after the revocation, suspension, or imposition of penalty, mail a report to the department division at Madison, Wisconsin, giving the name of the licensee, the address of the licensed premises, and a full description of the penalty imposed.

SB268-SA2,26ac Section 26ac. 125.14 (2) (c) of the statutes is amended to read:

SB268-SA2,24,16 125.14 (2) (c) Identification. Any person seizing alcohol beverages or personal property and electing to dispose of it under this subsection shall exercise reasonable diligence to ascertain the name and address of the owner of the alcohol beverages or property and of all persons holding a security interest in the property seized. The person shall report his or her findings in writing to the department division.

SB268-SA2,26ad Section 26ad. 125.14 (2) (d) of the statutes is amended to read:

SB268-SA2,25,5 125.14 (2) (d) Order. Upon conviction of any person for owning, possessing, keeping, storing, manufacturing, selling, distributing, or transporting alcohol beverages in violation of this chapter or ch. 139, the court shall order part or all of the alcohol beverages or personal property seized to be destroyed if it is unfit for sale. Alcohol beverages and other personal property fit for sale shall be turned over to the department division for disposition. Upon receipt of the confiscated property, the department division shall exercise reasonable diligence to ascertain the names and addresses of all owners of the property and of all persons holding a security interest in the property. If a motor vehicle is confiscated, the department division shall obtain the written advice of the department of transportation as to the ownership of the motor vehicle and shall make a reasonable search for perfected security interests in the vehicle.

SB268-SA2,26ae Section 26ae. 125.14 (2) (e) of the statutes is amended to read:

SB268-SA2,25,19 125.14 (2) (e) Disposal. The department division shall dispose of the alcohol beverages turned over to it by the court by either giving it to law enforcement agencies free of charge for use in criminal investigations, selling it to the highest bidder if the bidder is a person holding a license or permit issued under this chapter, or destroying it, at the discretion of the department division. If the department division elects to sell the alcohol beverages, it shall publish a class 2 notice under ch. 985 asking for sealed bids from qualified bidders. Any items or groups of items in the inventory subject to a security interest, the existence of which was established in the proceedings for conviction as being bona fide and as having been created without the secured party having notice that the items were being used or were to be used in connection with the violation, shall be sold separately. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the secretary of administration and credited to the common school fund.

SB268-SA2,26af Section 26af. 125.14 (2) (f) of the statutes is amended to read:

SB268-SA2,26,10 125.14 (2) (f) Sale. Any personal property, other than alcohol beverages, seized under par. (a) and fit for sale, shall be turned over by the department division to the department of administration for disposal at public auction to the highest bidder, at a time and place stated in a notice of sale which describes the property to be sold. The sale shall be held in a conveniently accessible place in the county where the property was confiscated. A copy of the notice shall be published as a class 2 notice under ch. 985. The last insertion shall be at least 10 days before the sale. The department of revenue division shall serve a copy of the notice of sale at least 2 weeks before the date thereof on all persons who are or may be owners or holders of security interests in the property. Any confiscated property worth more than $100 shall be sold separately, and the balance of the confiscated property shall be sold in bulk or separately at the discretion of the department of administration. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the secretary of administration. No motor vehicle or motorboat confiscated under this section may be sold within 30 days after the date of seizure.

SB268-SA2,26ag Section 26ag. 125.14 (3) (b) of the statutes is amended to read:

SB268-SA2,26,15 125.14 (3) (b) Deadline. The application shall be made within one year after the sale of the property. A copy of the application and the order setting a hearing on it shall be served on the department division at least 20 days before the date set for hearing.

SB268-SA2,26ah Section 26ah. 125.145 of the statutes is amended to read:

SB268-SA2,26,22 125.145 Prosecutions by attorney general or department division. Upon request by the secretary of revenue division, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this chapter. The department division may represent this state in prosecuting any violation of s. 125.54 (7) (a) or (b) and shall bring any such action in the circuit court for Dane County.

SB268-SA2,26ai Section 26ai. 125.15 (1) of the statutes is amended to read:

SB268-SA2,27,2 125.15 (1) An intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association that makes a written complaint to the department division under s. 125.12 (6) of a violation of s. 125.54 (7) (a) may bring an action to enforce the provisions of s. 125.54 (7) if any of the following apply:

SB268-SA2,27,4 (a) The department division has not rendered a decision within the time periods specified in s. 125.12 (6) (c) to (d).

SB268-SA2,27,8 (b) The department division has rendered a decision under s. 125.12 (6) in which the department division has determined that a violation has occurred but no action has been brought in circuit court by the department division, attorney general, or a district attorney to prosecute the violation.

SB268-SA2,26aj Section 26aj. 125.17 (6) (a) (intro.) of the statutes is amended to read:

SB268-SA2,27,18 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body or designated municipal official may issue an operator's license unless the applicant has successfully completed 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, which may include computer-based training and testing, that is approved by the department division or the department of safety and professional services, or unless the applicant fulfills one of the following requirements:

SB268-SA2,26ak Section 26ak. 125.175 of the statutes is created to read:

SB268-SA2,27,24 125.175 Issuance of operators' permits. (1) Subject to sub. (4), the division shall issue an operator's permit to any applicant who is qualified under s. 125.04 (5). Operators' permits may not be required other than for the purpose of complying with ss. 125.32 (2) and 125.68 (2) or s. 125.06 (3g). Operators' permits may be issued only upon written application.

SB268-SA2,27,25 (2) Operators' permits are valid in all municipalities in this state.

SB268-SA2,28,2 (3) The division shall establish a fee for issuance or renewal of an operator's permit and shall determine whether the permit shall be valid for one or 2 years.

SB268-SA2,28,7 (4) (a) The division may not issue an operator's permit unless the applicant satisfies the criteria for issuance of an operator's license specified in s. 125.17 (6) (a). In applying these criteria to an applicant who holds or previously held an operator's permit or an operator's license, the division shall treat as synonymous operators' permits and operators' licenses.

SB268-SA2,28,11 (b) The division may not require applicants for operators' permits to undergo training in addition to that specified in s. 125.17 (6) (a) but may require applicants to purchase at cost materials that deal with relevant subjects not covered in the course under s. 125.17 (6) (a).

SB268-SA2,26am Section 26am. 125.19 (1) of the statutes is amended to read:

SB268-SA2,28,17 125.19 (1) Issuance. The department division shall issue an alcohol beverage warehouse permit which authorizes the permittee to store and warehouse alcohol beverages in warehouse premises covered by the permit, subject to rules adopted by the department division. The permit does not authorize the sale of any alcohol beverages.

SB268-SA2,26an Section 26an. 125.20 of the statutes is created to read:

SB268-SA2,28,19 125.20 Interest restrictions. (1) Definitions. In this section:

SB268-SA2,28,20 (a) “Distribution permit" means a permit issued under s. 125.28 or 125.54.

SB268-SA2,28,22 (b) “Distribution permittee" means a person holding a distribution permit and includes a restricted individual of such a person.

SB268-SA2,28,25 (c) “Production permit" means a permit issued under s. 125.29, 125.295, 125.52, or 125.53, a permit issued under s. 125.30 to a brewer in another state, or a permit issued under s. 125.58 to a manufacturer, rectifier, or winery in another state.

SB268-SA2,29,2 (d) “Production permittee" means a person holding a production permit and includes a restricted individual of such a person.

SB268-SA2,29,3 (e) “Restricted individual" means any of the following:

SB268-SA2,29,5 1. An individual identified on a manager's license or who works or acts in a managerial capacity for a permittee or licensee.

SB268-SA2,29,7 2. An individual serving as an officer, director, member, manager, or agent of a corporation or limited liability company holding a permit or license.

SB268-SA2,29,9 3. An individual holding more than a 10 percent ownership interest in a permittee or licensee.

SB268-SA2,29,11 (f) “Restricted entity" means an entity holding more than a 10 percent ownership interest in a permittee or licensee.

SB268-SA2,29,12 (g) “Restricted investor" means a restricted individual or restricted entity.

SB268-SA2,29,14 (h) “Retail license or permit" means a Class “A," Class “B,” “ Class A," “Class B," or “Class C" license, a Class “B" or “Class B" permit, or a no-sale event venue permit.

SB268-SA2,29,16 (i) “Retail licensee or permittee" means a person holding a retail license or permit and includes a restricted individual of such a person.

SB268-SA2,29,18 (2) Producers. (a) No production permittee may hold any interest in any distribution permittee.

SB268-SA2,29,20 (b) No production permittee may hold any interest in any retail licensee or permittee, except as authorized under s. 125.295.

SB268-SA2,29,22 (3) Distributors. (a) No distribution permittee may hold any interest in any retail licensee or permittee.

SB268-SA2,29,24 (b) No distribution permittee may hold any interest in any production permittee, except as provided in s. 125.28 (2) (d).

SB268-SA2,30,2 (4) Retailers. (a) No retail licensee or permittee may hold any interest in any distribution permittee.

SB268-SA2,30,4 (b) No retail licensee or permittee may hold any interest in any production permittee, except as authorized under s. 125.295.

SB268-SA2,30,7 (5) Construction of section; authorized cross-tier activity. (a) For purposes of this section and s. 125.01, permittees are categorized under the 3-tier system as follows:

SB268-SA2,30,8 1. A production permittee operates within the production tier.

SB268-SA2,30,9 2. A distribution permittee operates within the distribution tier.

SB268-SA2,30,10 3. A retail licensee or permittee operates within the retail tier.

SB268-SA2,30,13 (b) This section does not prohibit a licensee or permittee from engaging in any activity that this chapter explicitly authorizes for the type of license or permit held or that is explicitly authorized under the terms of the license or permit.

SB268-SA2,30,18 (c) To the extent there is a conflict between any provision of subs. (2) to (4) and any provision of ss. 125.25 (2) (b), 125.26 (2) (b), 125.27 (7), 125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., 125.30 (3) (c), and 125.69 (1), the provisions of ss. 125.25 (2) (b), 125.26 (2) (b), 125.27 (7), 125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., 125.30 (3) (c), and 125.69 (1) are controlling.

SB268-SA2,30,23 (d) If a license or permit may not be issued to a person under s. 125.25 (2) (b), 125.26 (2) (b), 125.27 (7), 125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., 125.30 (3) (c), or 125.69 (1), the person may not acquire an interest prohibited under s. 125.25 (2) (b), 125.26 (2) (b), 125.27 (7), 125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., 125.30 (3) (c), or 125.69 (1) after the license or permit has been issued.

SB268-SA2,31,3 (6) Permissible interests. (a) Notwithstanding subs. (2) to (4), a licensee or permittee may be owned in part by, or grant an ownership interest to, a restricted investor in a different tier if all of the following are satisfied:

SB268-SA2,31,6 1. No single restricted investor holds more than a 10 percent ownership interest in the licensee or permittee, including any passive or disregarded entity connected to the restricted investor.

SB268-SA2,31,8 2. No restricted investor serves as an officer, director, manager, operator, or agent of the licensee or permittee.

SB268-SA2,31,11 3. No restricted investor is involved in the day-to-day operations of the licensee or permittee or exerts any control over such operations beyond the person's ability to vote as an owner.

SB268-SA2,31,13 4. The aggregate amount of ownership held by all restricted investors in the licensee or permittee does not exceed 49 percent.

SB268-SA2,31,14 5. The licensee or permittee discloses all restricted investors to the division.

SB268-SA2,31,21 6. Each restricted investor executes an affidavit, on a form prescribed by the division, swearing to a complete lack of involvement in the day-to-day operations of, and lack of control over, the licensee or permittee beyond the restricted investor's ability to vote as an owner. If the restricted investor is a restricted entity, the affidavit shall be executed on behalf of the restricted entity by an individual who is an officer or director of the restricted entity or who otherwise has management authority over the restricted entity.

SB268-SA2,31,24 (b) A licensee or permittee, or a restricted individual of a licensee or permittee, may enter into a landlord­tenant relationship with another licensee or permittee operating in a different tier if all of the following are satisfied:

SB268-SA2,32,2 1. The lease or rental agreement explicitly states that the landlord has no control over or day-to-day involvement in the business of the tenant.

SB268-SA2,32,3 2. No control or involvement in the business of the tenant by the landlord exists.

SB268-SA2,32,6 3. The landlord and tenant maintain compliance with ss. 125.33 and 125.69, as applicable and subject to s. 125.33 (2) (hr), and this requirement is set forth in the lease or rental agreement.

SB268-SA2,32,8 4. The lease or rental agreement is in writing and disclosed to the division for review.

SB268-SA2,32,10 (c) Notwithstanding subs. (2) to (4), a spouse may have an interest in the license or permit of the other spouse if all of the following are satisfied:

SB268-SA2,32,12 1. The marriage is governed by a valid marital property agreement or prenuptial agreement.

SB268-SA2,32,14 2. The marital property agreement or prenuptial agreement was disclosed on any license or permit application.

SB268-SA2,32,16 3. A copy of the marital property agreement or prenuptial agreement is provided to the municipal clerk or division prior to issuance of the license or permit.

SB268-SA2,32,19 4. Both spouses execute an affidavit, on a form prescribed by the division, swearing to a complete lack of involvement in the day-to-day operations of, and lack of control over, each respective business.

SB268-SA2,32,21 (d) For purposes of subs. (2) to (4), employment in a nonmanagerial capacity for a licensee or permittee is not an interest in the licensee or permittee.