Amendment SA2-SB268

SB268-SA2,42,19 (6) Penalties. (a) Any fulfillment house that fails to obtain a permit under this section in violation of sub. (1) is subject to a fine of not more than $10,000.

SB268-SA2,42,25 (b) Any permittee under this section that ships alcohol beverages other than wine obtained from a direct wine shipper holding a permit under s. 125.535 is subject to a forfeiture of not more than $2,000. The division shall revoke the permit of any permittee that violates this prohibition in more than one month during a calendar year. Except as provided in this paragraph, s. 125.12 (5) shall apply with respect to the division's revocation of the permit.

SB268-SA2,43,2 (c) If a fulfillment house fails to submit a report required under sub. (5), the fulfillment house is subject to a forfeiture of not more than $2,000.

SB268-SA2,26at Section 26at. 125.24 of the statutes is created to read:

SB268-SA2,43,8 125.24 No-sale event venue permit. (1) Permit issuance. (a) Except as otherwise provided in this section, the division may issue to property owners no-sale event venue permits that authorize the permittee to rent or lease real property for use as an event venue at which fermented malt beverages and wine are consumed if all requirements under this section are satisfied.

SB268-SA2,43,12 (b) A no-sale event venue permit may be issued only to a person who holds a valid certificate issued under s. 73.03 (50) and is qualified under s. 125.04 (5), except that a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.

SB268-SA2,43,14 (c) A no-sale event venue permit may not be issued unless all of the following are satisfied:

SB268-SA2,43,16 1. The applicant certifies in the permit application how many events were held at the venue in the 12-month period immediately preceding the application.

SB268-SA2,43,18 2. The applicant identifies with specificity in the permit application the property that is the event venue covered by the permit.

SB268-SA2,43,23 (d) Subject to sub. (2) (c) 3., a permit may not be issued under this section for premises that are covered by any other license or permit under this chapter, but a caterer holding Class “B” and “Class B” licenses may deliver fermented malt beverages and wine to the event venue if all requirements under sub. (2) are satisfied.

SB268-SA2,43,25 (e) The division shall establish an annual fee, calculated to cover the division's administrative costs under this section, for a permit issued under this section.

SB268-SA2,44,4 (2) Activities authorized under permit. (a) A no-sale event venue permit authorizes the permittee to rent or lease real property for use as an event venue at which fermented malt beverages and wine are consumed on no more than 6 days per calendar year and no more than one day per month.

SB268-SA2,44,8 (b) 1. A no-sale event venue permittee may not sell or otherwise provide alcohol beverages to the renter or lessee of the event venue or to any guest or attendee of an event on the event venue, including charging admission for an event on the event venue at which any alcohol beverages are served.

SB268-SA2,44,11 2. A no-sale event venue permittee may not allow any person to possess distilled spirits on the event venue when the event venue is being used by a renter or lessee.

SB268-SA2,44,13 (c) Subject to pars. (d) and (e), a no-sale event venue permit authorizes the permittee to do any of the following:

SB268-SA2,44,16 1. Allow the renter or lessee of the event venue to bring the renter's or lessee's own fermented malt beverages and wine onto the event venue and serve it to guests without charge.

SB268-SA2,44,18 2. Allow the guests of the renter or lessee to bring fermented malt beverages and wine onto the event venue to be consumed by the guests without charge.

SB268-SA2,44,21 3. Allow the renter or lessee to obtain temporary Class “B” and “Class B” licenses for an event held on the event venue and sell fermented malt beverages and wine under the temporary Class “B” and “Class B” licenses on the event venue.

SB268-SA2,44,25 4. Allow the renter or lessee to contract with a caterer holding Class “B” and “Class B” licenses for the caterer to provide fermented malt beverages and wine to the renter or lessee and the renter's or lessee's guests without charge on the event venue.

SB268-SA2,45,2 (d) If a renter or lessee of an event venue contracts with a caterer as provided in par. (c) 4., all of the following apply:

SB268-SA2,45,4 1. Neither the renter or lessee of the event venue nor any guest of the renter or lessee may bring alcohol beverages onto the event venue.

SB268-SA2,45,7 2. The caterer may serve the fermented malt beverages and wine that are provided on the event venue, but service shall be performed only by persons holding an operator's license under s. 125.17.

SB268-SA2,45,11 3. The caterer may not provide fermented malt beverages or wine on the event venue unless the renter or lessee has first purchased the fermented malt beverages or wine from the caterer in a face-to-face transaction at the caterer's licensed retail premises.

SB268-SA2,45,13 (e) A renter or lessee of an event venue covered by a permit under this section may not do any of the following:

SB268-SA2,45,16 1. Except as provided in par. (c) 3., sell any alcohol beverages to guests or attendees of an event on the event venue, including charging admission for an event on the event venue at which any alcohol beverages are served.

SB268-SA2,45,17 2. Allow any person to possess distilled spirits on the event venue.

SB268-SA2,45,20 3. If there are 20 or more people on the event venue, allow the service of fermented malt beverages or wine unless the service is performed by a person holding an operator's license under s. 125.17.

SB268-SA2,45,23 (3) Interest restrictions. Subject to s. 125.20 (6), a no-sale event venue permit may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

SB268-SA2,45,24 (a) A wholesaler's permit issued under s. 125.28 or 125.54.

SB268-SA2,45,25 (b) A brewer's permit issued under s. 125.29.

SB268-SA2,46,1 (c) A brewpub permit issued under s. 125.295.

SB268-SA2,46,2 (d) A winery permit issued under s. 125.53.

SB268-SA2,46,3 (e) A manufacturer's or rectifier's permit issued under s. 125.52.

SB268-SA2,46,4 (f) An out-of-state shipper's permit issued under s. 125.30 or 125.58.

SB268-SA2,46,11 (4) Exception for permittee applying for retail license. Notwithstanding any operating limitation in sub. (1) or (2), a permittee under this section that has applied for and is actively seeking a Class “B” or “Class B” license for the event venue covered by the no-sale event venue permit may, for 6 months after the date of the Class “B” or “Class B” license application, continue to operate in a manner similar to the manner in which it operated in the immediately preceding 12-month period if all of the following apply:

SB268-SA2,46,13 (a) The permittee has determined that it can no longer operate under the no-sale event venue permit.

SB268-SA2,46,15 (b) The permittee has provided notice to the division of the application for a Class “B” or “Class B” license.

SB268-SA2,46,17 (c) The permittee has not previously held a no-sale event venue permit for which the permittee provided notice under par. (b).

SB268-SA2,46,21 (5) Quota exception for qualifying persons who opt out of no-sale event venue permit. (a) In this subsection, “qualifying event venue” means real property that is rented or leased for use as an event venue for private events that satisfy all of the following requirements in the preceding 12-month period:

SB268-SA2,46,23 1. There were at least 5 events held at the venue at which no fewer than 50 invited guests attended.

SB268-SA2,46,25 2. The venue owner received at least $20,000 in revenue from renting or leasing the venue for the events under subd. 1.

SB268-SA2,47,3 (b) Upon application, the division shall certify an owner of a qualifying event venue as eligible for the quota exception under s. 125.51 (4) (v) 5. if all of the following apply:

SB268-SA2,47,6 1. The qualifying event venue is in operation on the effective date of this subdivision .... [LRB inserts date], and has been in operation for the 12-month period immediately preceding the date of the application.

SB268-SA2,47,8 2. The qualifying event venue has not been a “Class B” licensed premises at any time in the 12-month period immediately preceding the date of the application.

SB268-SA2,47,10 3. The owner of the qualifying event venue has not applied for a permit under this section.

SB268-SA2,47,14 4. The owner of the qualifying event venue provides documentation to the division that, in the absence of the exception under s. 125.51 (4) (v) 5., the municipality in which the qualifying event venue is located would be prohibited under s. 125.51 (4) (am) from issuing the owner a “Class B” license.

SB268-SA2,47,17 5. The owner of the qualifying event venue provides documentation to the division showing, and the division confirms, that the requirements under subd. 1. and par. (a) are satisfied.

SB268-SA2,47,21 6. The owner of the qualifying event venue provides notice to the division no later than 60 days after the effective date of this subdivision .... [LRB inserts date], that the owner is applying for a “Class B” license and is not seeking a no-sale event venue permit.

SB268-SA2,47,23 (c) The division shall act on an application for certification under par. (b) within 30 days of receiving the application.

SB268-SA2,48,3 (d) The division may not issue a certification under par. (b) after the first day of the 7th month beginning after the effective date of this paragraph .... [LRB inserts date].

SB268-SA2,26ax Section 26ax. 125.25 (2) (b) of the statutes is repealed and recreated to read:

SB268-SA2,48,6 125.25 (2) (b) Subject to s. 125.20 (6), a Class “A" license may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

SB268-SA2,48,7 1. A wholesaler's permit issued under s. 125.28 or 125.54.

SB268-SA2,48,8 2. A brewer's permit issued under s. 125.29.

SB268-SA2,48,9 3. A brewpub permit issued under s. 125.295.

SB268-SA2,48,10 4. A winery permit issued under s. 125.53.

SB268-SA2,48,11 5. A manufacturer's or rectifier's permit issued under s. 125.52.

SB268-SA2,48,12 6. An out-of-state shipper's permit issued under s. 125.30 or 125.58.

SB268-SA2,26bb Section 26bb. 125.26 (2) (b) of the statutes is repealed and recreated to read:

SB268-SA2,48,15 125.26 (2) (b) Subject to s. 125.20 (6), a Class “B" license may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

SB268-SA2,48,16 1. A wholesaler's permit issued under s. 125.28 or 125.54.

SB268-SA2,48,17 2. A brewer's permit issued under s. 125.29.

SB268-SA2,48,19 3. Except as provided in s. 125.295 (1) (h), (2) (a) 6. b., and (3) (b), a brewpub permit issued under s. 125.295.

SB268-SA2,48,20 4. A winery permit issued under s. 125.53.

SB268-SA2,48,21 5. A manufacturer's or rectifier's permit issued under s. 125.52.

SB268-SA2,48,22 6. An out-of-state shipper's permit issued under s. 125.30 or 125.58.

SB268-SA2,26bc Section 26bc. 125.26 (2m) of the statutes is amended to read:

SB268-SA2,49,20 125.26 (2m) Notwithstanding s. 125.04 (3) (a) 3. and (9), a Class “B" license authorizes a person operating a hotel to furnish a registered guest who has attained the legal drinking age with a selection of fermented malt beverages in the guest's room which is not part of the Class “B" premises. Fermented malt beverages furnished under this subsection shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place must be capable of being locked. The cabinet, refrigerator or other secure storage place shall be locked, or the fermented malt beverages shall be removed from the room, when the room is not occupied and when fermented malt beverages are not being furnished under this subsection. A key for the lock shall be supplied to a guest who has attained the legal drinking age upon request at registration. The hotel shall prominently display a price list of the fermented malt beverages in the hotel room. Fermented malt beverages may be furnished at the time the guest occupies the room, but for purposes of this chapter, the sale of fermented malt beverages furnished under this subsection is considered to occur at the time and place that the guest pays for the fermented malt beverages. Notwithstanding s. 125.32 (3), the guest may pay for the fermented malt beverages at any time if he or she pays in conjunction with checking out of the hotel. An individual who stocks or accepts payment for alcohol beverages under this subsection shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company, or the holder of a manager's or operator's license or operator's permit, or be supervised by one of those individuals.

SB268-SA2,26bd Section 26bd. 125.26 (2s) (b) of the statutes is amended to read:

SB268-SA2,50,18 125.26 (2s) (b) Notwithstanding s. 125.04 (3) (a) 3. and (9), a Class “B" license authorizes a person operating a coliseum or a concessionaire to furnish the holder of a coliseum suite who has attained the legal drinking age with a selection of fermented malt beverages in the coliseum suite that is not part of the Class “B" premises. Fermented malt beverages furnished under this paragraph shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place or the coliseum suite must be capable of being locked. The cabinet, refrigerator or other secure storage place or the coliseum suite shall be locked, or the fermented malt beverages shall be removed from the coliseum suite, when the coliseum suite is not occupied and when fermented malt beverages are not being furnished under this paragraph. Fermented malt beverages may be furnished at the time the holder occupies the coliseum suite, but for purposes of this chapter, the sale of fermented malt beverages furnished under this paragraph is considered to occur at the time and place that the holder pays for the fermented malt beverages. Notwithstanding s. 125.32 (3), the holder of a coliseum suite may pay for the fermented malt beverages at any time if he or she pays in accordance with the terms of an agreement with the person operating the coliseum or with the concessionaire. An individual who stocks or accepts payment for alcohol beverages under this paragraph shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company, or the holder of a manager's or operator's license or operator's permit, or be supervised by one of those individuals.

SB268-SA2,26be Section 26be. 125.27 (1) (a) of the statutes is amended to read:

SB268-SA2,51,3 125.27 (1) (a) The department division shall issue Class “B" permits to clubs holding a valid certificate issued under s. 73.03 (50) that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs that are operated solely for curling, ski jumping or yachting, if the club is not open to the general public and if no Class “B" licenses are issued by the governing body of the municipality in which the club is located. A Class “B" permit authorizes retail sales of fermented malt beverages to be consumed on the premises where sold. Persons holding a Class “B" permit may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.

SB268-SA2,26bf Section 26bf. 125.27 (2) (a) 1. (intro.) of the statutes is amended to read:

SB268-SA2,51,9 125.27 (2) (a) 1. (intro.) The department division may issue a Class “B" permit to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5) authorizing the sale of fermented malt beverages for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under s. 29.001 (45) and (63) if any of the following applies:

SB268-SA2,26bg Section 26bg. 125.27 (2) (a) 2. of the statutes is amended to read:

SB268-SA2,51,19 125.27 (2) (a) 2. The department division may issue the permit only if the vessel leaves its place of mooring while the sale of fermented malt beverages is taking place and if the vessel fulfills the requirement under par. (am). A permit issued under this paragraph also authorizes the permittee to store fermented malt beverages purchased for sale on the vessel on premises owned or leased by the permittee and located near the vessel's regular place of mooring. The permittee shall describe on the permit application under s. 125.04 (3) (a) 3. the premises where the fermented malt beverages will be stored. The premises shall be open to inspection by the department division upon request.

SB268-SA2,26bh Section 26bh. 125.27 (3) (b) of the statutes is amended to read:

SB268-SA2,51,24 125.27 (3) (b) Upon application, the department division shall issue a Class “B" permit to a tribe that holds a valid certificate issued under s. 73.03 (50) and that is qualified under s. 125.04 (5) and (6). The permit authorizes the retail sale of fermented malt beverages for consumption on or off the premises where sold.

SB268-SA2,26bi Section 26bi. 125.27 (5) (b) and (f) of the statutes are amended to read:

SB268-SA2,52,11 125.27 (5) (b) The department division may issue Class “B" permits for locations within racetrack grounds to any person that holds a valid certificate issued under s. 73.03 (50), that is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the racetrack grounds or is designated by the owner or operator of the racetrack grounds to operate premises located within the racetrack grounds. Subject to par. (e), the permit authorizes the retail sale of fermented malt beverages on the premises covered by the permit, for consumption anywhere within the racetrack grounds. If the department division issues more than one permit under this subsection for the same racetrack grounds, no part of the premises covered by a permit under this subsection may overlap with premises covered by any other permit issued under this subsection.

SB268-SA2,52,13 (f) The department division shall establish a fee for a permit issued under this subsection in the amount of 50 percent of the fee for a permit issued under sub. (1).

SB268-SA2,26bj Section 26bj. 125.27 (7) of the statutes is created to read:

SB268-SA2,52,17 125.27 (7) Interest restrictions. Subject to s. 125.20 (6), a Class “B" permit may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

SB268-SA2,52,18 (a) A wholesaler's permit issued under s. 125.28 or 125.54.

SB268-SA2,52,19 (b) A brewer's permit issued under s. 125.29.

SB268-SA2,52,20 (c) A brewpub permit issued under s. 125.295.

SB268-SA2,52,21 (d) A winery permit issued under s. 125.53.

SB268-SA2,52,22 (e) A manufacturer's or rectifier's permit issued under s. 125.52.

SB268-SA2,52,23 (f) An out-of-state shipper's permit issued under s. 125.30 or 125.58.