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SB268-SA2,129,2217 (c) A winery, manufacturer, or rectifier may provide taste samples of any
18intoxicating liquor purchased from the retail licensee or of any intoxicating liquor the
19winery, manufacturer, or rectifier produced on premises covered by its winery
20permit, manufacturer's permit, or rectifier's permit and brings to the retail premises,
21but the winery, manufacturer, or rectifier may not leave at the retail premises any
22unused intoxicating liquor not purchased from the retail licensee.
SB268-SA2,129,2523 (d) Any representative of a manufacturer, rectifier, or winery issued a permit
24under s. 125.52 or 125.53 may assist the retail licensee in dispensing or serving the
25taste samples.
SB268-SA2,130,2
1(e) This subsection authorizes taste samples only of wine on “Class C” licensed
2premises.”.
SB268-SA2,130,3 317. Page 19, line 8: after that line insert:
SB268-SA2,130,4 4 Section 40b. 139.01 (2p) of the statutes is created to read:
SB268-SA2,130,65 139.01 (2p) “Division" means the division of alcohol beverages in the
6department.
SB268-SA2,40c 7Section 40c. 139.01 (4) of the statutes is amended to read:
SB268-SA2,130,118 139.01 (4) “License," and “fermented malt beverages" have the same meaning
9as in s. 125.02, and “licensed premises" are premises described in licenses and
10permits issued by the department division, cities, villages, or towns under the
11authority of said section.
SB268-SA2,40d 12Section 40d. 139.01 (4) of the statutes, as affected by 2023 Wisconsin Act ....
13(this act), section 40c, is amended to read:
SB268-SA2,130,1714 139.01 (4) “License," and “fermented malt beverages" have the same meaning
15as in s. 125.02, and “licensed premises" are premises described in licenses and
16permits issued by the division, cities, villages, or towns under the authority of said
17section, other than a permit issued under s. 125.175.
SB268-SA2,40e 18Section 40e. 139.01 (4) of the statutes, as affected by 2023 Wisconsin Act ....
19(this act), section 40d, is amended to read:
SB268-SA2,130,2320 139.01 (4) “License," and “fermented malt beverages" have the same meaning
21as in s. 125.02, and “licensed premises" are premises described in licenses and
22permits issued by the division, cities, villages, or towns under the authority of said
23section, other than a permit permits issued under s. ss. 125.175 and 125.24.
SB268-SA2,40f 24Section 40f. 139.01 (6) of the statutes is amended to read:
SB268-SA2,131,16
1139.01 (6) A “rectifier" is a person who rectifies, purifies or refines distilled
2spirits or wines by any process other than by original and continuous distillation
3from mash, wort or wash, through continuous closed vessels or pipes, until the
4manufacture thereof is complete, or who has in his or her possession any still or leach
5tub or keeps any other apparatus for the purpose of refining in any manner distilled
6spirits or the other liquors, or who after rectifying and purifying distilled spirits, by
7mixing such spirits or liquors with any materials, manufactures any spurious,
8imitation or compound liquors for sale, and any person who, without rectifying,
9purifying or refining distilled spirits, by mixing such spirits with any materials,
10manufactures any spurious, imitation or compound liquors for sale under the name
11of “whiskey," “brandy," “gin," “rum," “spirits," “ cordials" or any other name, and who
12is also a distiller or is under substantially the same management or control as a
13distiller. A rectifier may sell at wholesale intoxicating liquors rectified by him or her
14without any other license than that of a rectifier. “Rectifier” does not include a “Class
15B” licensee that prepares, stores, or dispenses mixed drinks in advance of sale in
16compliance with s. 125.51 (3) (bg).
SB268-SA2,40g 17Section 40g. 139.03 (5) (a) of the statutes is amended to read:
SB268-SA2,131,2518 139.03 (5) (a) No person who enters this state from another state may have in
19his or her possession and bring into the state any intoxicating liquor or wine. The
20prohibition in this paragraph does not apply to a person who changes his or her
21domicile from another state or a foreign country to this state and who brings into this
22state intoxicating liquor and wine constituting household goods. The prohibition in
23this paragraph does not apply to intoxicating liquor or wine consigned to any person
24having a permit from the secretary division to engage in the sale of such intoxicating
25liquor or wine.
SB268-SA2,40h
1Section 40h. 139.04 (4) of the statutes is amended to read:
SB268-SA2,132,42 139.04 (4) Sale or shipment of fermented malt beverages by a brewer to a
3bottler or between brewers, or of intoxicating liquor, whether in bulk or any state of
4packaging,
between manufacturers, rectifiers, and wineries.
SB268-SA2,40i 5Section 40i. 139.06 (3) of the statutes is amended to read:
SB268-SA2,132,146 139.06 (3) In shipping intoxicating liquor, whether in bulk for the purpose of
7bottling or rectifying to a rectifier located within the state
or in any state of
8packaging, to a manufacturer or rectifier holding a permit under s. 125.52
, the
9manufacturer or rectifier shall securely affix thereto a label or statement, in such
10form as is prescribed by the secretary, reciting that the shipment is made for the
11purpose of bottling or rectifying
a tax-exempt transfer between producers as
12authorized under s. 139.04 (4)
. Each manufacturer or rectifier making such
13shipments shall file an information report that shows the dates and quantities of
14shipments and the name and address of each consignee.
SB268-SA2,40j 15Section 40j. 139.08 (3) of the statutes is amended to read:
SB268-SA2,132,1816 139.08 (3) Police powers. The department of revenue shall enforce and the
17duly authorized employees of the department shall have all necessary police powers
18to prevent violations of s. 134.65, and this subchapter and ch. 125.
SB268-SA2,40k 19Section 40k. 139.08 (4) of the statutes is amended to read:
SB268-SA2,133,920 139.08 (4) Inspection for enforcement. Duly authorized employees of the
21department of justice and the department of revenue and any sheriff, police officer,
22marshal, or constable, within their respective jurisdictions, may at all reasonable
23hours enter any licensed premises, and examine the books, papers, and records of
24any brewer, brewpub, manufacturer, bottler, rectifier, wholesaler, or retailer, for the
25purpose of inspecting the same and determining whether the tax and fee imposed by

1ss. 139.01 to 139.25 have been fully paid, and may inspect and examine, according
2to law, any premises where fermented malt beverages or intoxicating liquors are
3manufactured, sold, exposed for sale, possessed, or stored, for the purpose of
4inspecting the same and determining whether the tax imposed by ss. 139.01 to
5139.25 has been fully paid, and whether ss. 139.01 to 139.25 and ch. 125 are being
6complied with. Any refusal to permit such examination of such premises is sufficient
7grounds under s. 125.12 for revocation or suspension of any license or permit granted
8for the sale of any fermented malt beverages or intoxicating liquors and is punishable
9under s. 139.25 (10).
SB268-SA2,40m 10Section 40m. 139.08 (5) of the statutes is created to read:
SB268-SA2,133,1511 139.08 (5) Retention of certain records. Notwithstanding any retention
12schedule established for the department's records under s. 16.61, the department
13shall retain for 3 years after receipt by the department all reports submitted to the
14division under ss. 125.22 (2) and 125.23 (5) and all records received by the division
15relating to these reports.
SB268-SA2,40n 16Section 40n. 139.11 (1) of the statutes is amended to read:
SB268-SA2,133,2517 139.11 (1) Preservation of records. Every person who manufactures,
18rectifies, distributes, imports, transports, stores, warehouses, or sells intoxicating
19liquor or fermented malt beverages shall keep complete and accurate records of all
20such liquor or malt beverages purchased, sold, manufactured, rectified, brewed,
21fermented, distilled, produced, stored, warehoused, imported, or transported within
22this state. Such records shall be of a kind and in the form prescribed by the secretary
23and shall be safely preserved to ensure accessibility for inspection by the secretary
24or by the division as provided in s. 125.025 (3). A person required to keep records
25under this subsection may keep such records in electronic form only.
SB268-SA2,40o
1Section 40o. 139.11 (1) of the statutes, as affected by 2023 Wisconsin Act ....
2(this act), is amended to read:
SB268-SA2,134,143 139.11 (1) Preservation of records. Every person who manufactures,
4rectifies, distributes, imports, transports, stores, warehouses, or sells intoxicating
5liquor or fermented malt beverages shall keep complete and accurate records of all
6such liquor or malt beverages purchased, sold, manufactured, rectified, brewed,
7fermented, distilled, produced, stored, warehoused, imported, or transported within
8this state. Such records shall be of a kind and in the form prescribed by the secretary
9and shall be safely preserved to ensure accessibility for inspection by the secretary
10or by the division as provided in s. 125.025 (3). A person required to keep records
11under this subsection may keep such records in electronic form only. Any common
12carrier or fulfillment house required to submit reports under s. 125.22 or 125.23 shall
13maintain, for 3 years, all records related to the reports or otherwise required to be
14kept under this subsection.
”.
SB268-SA2,134,15 1518. Page 19, line 15: after that line insert:
SB268-SA2,134,16 16 Section 41b. 139.11 (4) (a) 2. of the statutes is amended to read:
SB268-SA2,134,2217 139.11 (4) (a) 2. A current list, available on paper and on the department's
18Internet site, providing detailed information regarding every person issued a
19wholesalers permit under s. 125.28, brewers permit under s. 125.29, brewpub permit
20under s. 125.295, or out-of-state shippers permit under s. 125.30. The information
21provided under this subdivision shall include the name and address of the permit
22holder and the date on which the department division issued the permit.
SB268-SA2,41c 23Section 41c. 139.11 (4) (b) 2. of the statutes is amended to read:
SB268-SA2,135,8
1139.11 (4) (b) 2. A current and regularly updated list, made available on paper
2and on the department's Internet website, of permit holders that minimally includes
3detailed information on the name, address, contact person, and date of permit
4issuance for every common carrier permit issued under s. 125.22, fulfillment house
5permit issued under s. 125.23,
manufacturer's and rectifier's permit issued under s.
6125.52, winery permit issued under s. 125.53, direct wine shipper's permit issued
7under s. 125.535, wholesaler's permit issued under s. 125.54, and out-of-state
8shipper's permit issued under s. 125.58.
SB268-SA2,41d 9Section 41d. 139.22 of the statutes is amended to read:
SB268-SA2,135,21 10139.22 Confiscation. If a duly authorized employee of the department of
11revenue or the department of justice or any sheriff, police officer, marshal, or
12constable, within his or her respective jurisdiction, discovers any fermented malt
13beverages upon any premises other than the premises of a brewer, brewpub, or
14bottler, or any intoxicating liquor upon any premises other than the premises of a
15manufacturer, rectifier, winery, or wholesaler, and upon which the tax has not been
16paid or which was possessed, kept, stored, manufactured, sold, distributed, or
17transported in violation of ss. 139.01 to 139.25 and ch. 125, the employee or any such
18officer may immediately seize the fermented malt beverages or intoxicating liquors.
19Any such fermented malt beverages or intoxicating liquors so seized shall be held
20transferred by the department of revenue to the division and disposed of under s.
21125.14 (2) (e).
SB268-SA2,41e 22Section 41e. 139.25 (9) of the statutes is amended to read:
SB268-SA2,135,2523 139.25 (9) Failure to keep records. Failure to comply with s. 139.11 (1) shall
24carry a penalty of revocation by the secretary of revenue division of the license or
25permit.”.
SB268-SA2,136,1
119. Page 21, line 17: after that line insert:
SB268-SA2,136,2 2 Section 49c. 185.043 (2) of the statutes is amended to read:
SB268-SA2,136,103 185.043 (2) If the cooperative is formed for purposes of operating as a small
4winery cooperative wholesaler under s. 125.545, 3 or more individuals, at least one
5of whom must be a resident and all of which must be owners of small wineries
6certified by the division of alcohol beverages in the department of revenue under s.
7125.545 (6) (a), may form a cooperative by signing, acknowledging, and filing articles.
8Membership in a cooperative formed under this subsection is limited to small
9wineries certified by the department of revenue division of alcohol beverages under
10s. 125.545 (6) (a).
SB268-SA2,49d 11Section 49d. 185.043 (2) of the statutes, as affected by 2023 Wisconsin Act ....
12(this act), is amended to read:
SB268-SA2,136,2013 185.043 (2) If the cooperative is formed for purposes of operating as a small
14winery cooperative wholesaler under s. 125.545, 3 or more individuals, at least one
15of whom must be a resident and all of which must be owners of small wineries or
16small manufacturers
certified by the division of alcohol beverages in the department
17of revenue under s. 125.545 (6) (a), may form a cooperative by signing,
18acknowledging, and filing articles. Membership in a cooperative formed under this
19subsection is limited to small wineries or small manufacturers certified by the
20division of alcohol beverages under s. 125.545 (6) (a).
SB268-SA2,49e 21Section 49e. 227.52 (1) of the statutes is amended to read:
SB268-SA2,136,2322 227.52 (1) Decisions of the department of revenue other than decisions relating
23to alcohol beverage permits issued under ch. 125
.
SB268-SA2,49f 24Section 49f. 230.08 (2) (e) 11. of the statutes is amended to read:
SB268-SA2,137,1
1230.08 (2) (e) 11. Revenue — 7 8.”.
SB268-SA2,137,2 220. Page 21, line 19: delete lines 19 to 25 and substitute:
SB268-SA2,137,9 3“230.36 (1m) (b) 2. (intro.) A conservation warden, conservation patrol boat
4captain, conservation patrol boat engineer, member of the state patrol, state motor
5vehicle inspector, University of Wisconsin System police officer, security officer, or
6security person, other state facilities police officer, special tax agent, excise tax
7investigator
special agent employed by the department of revenue who is authorized
8to act under s. 73.031
, and special criminal investigation agent employed by the
9department of justice at all times while:”.
SB268-SA2,137,10 1021. Page 22, line 3: after that line insert:
SB268-SA2,137,12 11 Section 51m. 346.657 (1) of the statutes, as affected by 2023 Wisconsin Act
129
, is amended to read:
SB268-SA2,137,1813 346.657 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.62
14or 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or
15(6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall
16impose a safe ride program surcharge under ch. 814 in an amount of $50 $75 in
17addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under
18ch. 814.”.
SB268-SA2,137,19 1922. Page 24, line 21: after that line insert:
SB268-SA2,137,20 20 Section 64b. Tax 8.87 of the administrative code is repealed.
SB268-SA2,64c 21Section 64c. Nonstatutory provisions.
SB268-SA2,137,2222 (1) Transfer of alcohol beverages regulation and enforcement functions.
SB268-SA2,137,2323 (a) Definitions. In this subsection:
SB268-SA2,137,2424 1. “Department” means the department of revenue.
SB268-SA2,138,1
12. “Division” means the division of alcohol beverages in the department.
SB268-SA2,138,22 3. “Secretary” means the secretary of revenue.
SB268-SA2,138,63 (b) Assets and liabilities. On the effective date of this paragraph, the assets and
4liabilities of the department primarily related to alcohol beverages regulation and
5enforcement under ch. 125, as determined by the secretary, become the assets and
6liabilities of the division.
SB268-SA2,138,107 (c) Tangible personal property. On the effective date of this paragraph, all
8tangible personal property, including records, of the department that is primarily
9related to alcohol beverages regulation and enforcement under ch. 125, as
10determined by the secretary, is transferred to the division.
SB268-SA2,138,1611 (d) Contracts. All contracts entered into by the department in effect on the
12effective date of this paragraph that are primarily related to alcohol beverages
13regulation and enforcement under ch. 125, as determined by the secretary, remain
14in effect and are transferred to the division. The division shall carry out any
15obligations under those contracts unless modified or rescinded by the division to the
16extent allowed under the contract.
SB268-SA2,138,2117 (e) Position and employee transfers. On the effective date of this paragraph, all
18positions, and the incumbent employees who hold those positions, in the department
19with duties that are primarily related to alcohol beverages regulation and
20enforcement under ch. 125, as determined by the secretary, are transferred to the
21division.
SB268-SA2,139,222 (f) Employee status. Employees transferred under par. (e ) have all the rights
23and the same status under ch. 230 in the division that they enjoyed in the
24department immediately before the transfer. Notwithstanding s. 230.28 (4), no

1employee transferred under par. (e ) who has attained permanent status in class is
2required to serve a probationary period.
SB268-SA2,139,93 (g) Rules and orders. All rules promulgated by the department that relate to
4alcohol beverages regulation and enforcement under ch. 125 and that are in effect
5on the effective date of this paragraph remain in effect until their specified expiration
6dates or until amended or repealed by the division. All orders issued by the
7department that relate to alcohol beverages regulation and enforcement under ch.
8125 and that are in effect on the effective date of this paragraph remain in effect until
9their specified expiration dates or until modified or rescinded by the division.
SB268-SA2,139,1510 (h) Pending matters. Any matter pending with the department on the effective
11date of this paragraph that is primarily related to alcohol beverages regulation and
12enforcement under ch. 125, as determined by the secretary, is transferred to the
13division. All materials submitted to or actions taken by the department with respect
14to the pending matters are considered as having been submitted to or taken by the
15division.
SB268-SA2,139,1816 (i) Fees. All fees established by the department related to permits issued under
17ch. 125 that are in effect on the day before the effective date of this paragraph shall
18remain in effect until modified or rescinded by the division.
SB268-SA2,139,2519 (j) Secretary to develop plan for orderly transfer. The secretary shall develop
20a plan for an orderly transfer from the department to the division and shall resolve
21any disagreement between the department and the division with respect to any
22matter specified in this subsection. The secretary's plan for orderly transfer shall
23include the transfer of positions under par. (e ) plus the transfer of a sufficient number
24of currently vacant authorized FTE positions in the department to total 20.0 FTE
25positions in the division as well as initial staffing assignments in the division.
SB268-SA2,140,4
1(2) Transition; permit issuer. On the effective date of this subsection, any
2permit issued by the department of revenue under ch. 125 prior to the effective date
3of this subsection shall be considered to have been issued by the division of alcohol
4beverages.
SB268-SA2,140,75 (3) Expiration of retail licenses held by producers. Notwithstanding s.
6125.04 (11) (b), any retail license issued under ch. 125 to a winery or a brewer shall
7expire on the effective date of this subsection and the license shall be nonrenewable.
SB268-SA2,140,88 (4) Retail closing hour exception for 2024 national political convention.
SB268-SA2,140,99 (a) In this subsection:
SB268-SA2,140,12 101. “Convention period” means the period beginning on the first day of a national
11political convention held in Milwaukee in the summer of 2024 until the day after the
12convention's last day.
SB268-SA2,140,13 132. “Municipality” has the meaning given in s. 125.02 (11).
SB268-SA2,140,1714 3. “Southeast Wisconsin municipality” means a municipality any part of which
15is located within Kenosha, Racine, Walworth, Rock, Milwaukee, Waukesha,
16Jefferson, Dane, Ozaukee, Washington, Dodge, Columbia, Sheboygan, or Fond du
17Lac County.
SB268-SA2,140,2118 (b) 1. Notwithstanding s. 125.32 (3) (a), but subject to subds. 2. and 3., during
19the convention period, the closing hours for premises operating under a Class “B”
20license issued by a southeast Wisconsin municipality shall be between 4 a.m. and 6
21a.m.
SB268-SA2,140,2522 2. A southeast Wisconsin municipality may establish a process to designate,
23and may so designate, any licensee holding a license issued by the southeast
24Wisconsin municipality and to which subd. 1. would otherwise apply as ineligible or
25disqualified for the extended closing hour specified in subd. 1.
SB268-SA2,141,4
13. Notwithstanding s. 125.32 (3) (d), a southeast Wisconsin municipality may,
2by ordinance adopted after the effective date of this subdivision, opt out of subd. 1.
3and retain during the convention period the closing hours specified in s. 125.32 (3)
4(a).
SB268-SA2,141,85 (c) 1. Notwithstanding s. 125.68 (4) (c) 1., but subject to subds. 2. and 3., during
6the convention period, the closing hours for premises operating under a “Class B” or
7“Class C” license issued by a southeast Wisconsin municipality shall be between 4
8a.m. and 6 a.m.
SB268-SA2,141,129 2. A southeast Wisconsin municipality may establish a process to designate,
10and may so designate, any licensee holding a license issued by the southeast
11Wisconsin municipality and to which subd. 1. would otherwise apply as ineligible or
12disqualified for the extended closing hour specified in subd. 1.
SB268-SA2,141,1613 3. Notwithstanding s. 125.68 (4) (c) 5., a southeast Wisconsin municipality may,
14by ordinance adopted after the effective date of this subdivision, opt out of subd. 1.
15and retain during the convention period the closing hours specified in s. 125.68 (4)
16(c) 1.
SB268-SA2,141,2217 (d) 1. Notwithstanding ss. 125.29 (8) (a), 125.52 (5) (a), and 125.53 (4) (a), but
18subject to subds. 2. and 3., during the convention period, the closing hours for a
19full-service retail outlet under s. 125.29 (7), 125.52 (4), or 125.53 (3), and the
20on-premises sales hours on brewery premises, manufacturing or rectifying
21premises, and winery premises, operating in a southeast Wisconsin municipality
22shall be between 4 a.m. and 6 a.m.
SB268-SA2,142,223 2. A southeast Wisconsin municipality may establish a process to designate,
24and may so designate, premises in the municipality of any permittee under s. 125.29,

1125.52, or 125.53 to which subd. 1. would otherwise apply as ineligible or disqualified
2for the extended closing hour specified in subd. 1.
SB268-SA2,142,63 3. A southeast Wisconsin municipality may, by ordinance adopted after the
4effective date of this subdivision, opt out of subd. 1. and retain during the convention
5period the closing hours specified in ss. 125.29 (8) (a), 125.52 (5) (a), and 125.53 (4)
6(a), as unaffected by par. (b).
SB268-SA2,142,12 7(5m) Transition; initial implementation authority. The administrator of the
8division of income, sales and excise tax in the department of revenue shall have
9interim authority to undertake all measures necessary to implement the changes in
10this act by the effective date of each change, including taking action in preparation
11for the creation of a division of alcohol beverages and appointment of a division
12administrator and bureau directors.
SB268-SA2,64d 13Section 64d. Initial applicability.
SB268-SA2,142,1514 (1) Safe ride surcharge. The treatment of s. 346.657 (1) first applies to
15violations committed on the effective date of this subsection.
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