AB127: Bill Text

AB127,13 Section 13. 125.272 of the statutes is renumbered 125.272 (1) and amended to read:

AB127,10,5 125.272 (1) Except as provided in subs. (2) and (3) and ss. 125.26 (2m), (2s), and (2x) and 125.27 (4) and except with respect to caterers, a retail license issued under s. 125.25 or 125.26, and a retail permit issued under s. 125.27, authorizes only face-to-face sales to consumers at the premises described in the retail license or permit.

AB127,14 Section 14. 125.272 (2) and (3) of the statutes are created to read:

AB127,10,7 125.272 (2) (a) In this subsection:

AB127,10,8 1. “Record” has the meaning given in s. 137.11 (12).

AB127,10,12 2. “Remote delivery order” means an order for the sale and delivery of both food and alcohol beverages or alcohol beverages alone that is received by a retail licensee by means of the Internet, telephone, or any other method of communication under which the customer is not physically located on the licensed premises.

AB127,10,14 (b) A retail licensee may process and fill a remote delivery order if all of the following apply:

AB127,10,16 1. The licensee holds a retail license issued under s. 125.25 or 125.26, and the fermented malt beverages are sold in original, unopened packages or containers.

AB127,10,20 2. The products ordered are delivered to the customer by the licensee, by a delivery service under common ownership with the licensee, or by a 3rd-party delivery service and the licensee, delivery service under common ownership with the licensee, or 3rd-party delivery service holds a permit issued under s. 125.20.

AB127,10,22 3. Full payment for the order is made at the time the order is placed and no payment, other than a tip, is made at the time of delivery.

AB127,10,24 4. At the time the order is placed, the customer asserts that the customer has attained the legal drinking age and is not intoxicated.

AB127,11,2 5. At the time the products ordered are delivered, the individual delivering the order complies with pars. (c), (d), (e), and (f).

AB127,11,5 (c) An individual may not deliver alcohol beverages to a customer under this subsection unless the individual making the delivery does all of the following at the time of delivery:

AB127,11,7 1. Prior to transferring possession of the alcohol beverages to the customer, confirms the customer receiving delivery is the person who placed the order.

AB127,11,12 2. Prior to transferring possession of the alcohol beverages to the customer, performs an in-person examination of the customer's identification document containing proof of age and verifies by visual examination and by using electronic scanning technology that the customer receiving delivery of the order has attained the legal drinking age.

AB127,11,13 3. Creates a record of the age verification under subd. 2.

AB127,11,15 (d) An individual may not deliver alcohol beverages under this subsection to a person who is visibly intoxicated.

AB127,11,17 (e) An individual may not deliver alcohol beverages to a customer under this subsection unless all of the following apply:

AB127,11,18 1. The individual has attained the legal drinking age.

AB127,11,20 2. The individual has successfully completed a responsible beverage server training course or comparable training course as described in s. 125.04 (5) (a) 5.

AB127,11,23 (f) An individual may not deliver fermented malt beverages to a customer under this subsection unless the individual completes the delivery during the following hours:

AB127,12,2 1. If the fermented malt beverages were sold by a Class “A” licensee, during hours in which the Class “A” licensee is authorized to sell fermented malt beverages under s. 125.32 (3) (b) or, if more restrictive, during hours established by ordinance by a municipality under s. 125.32 (3) (d).

AB127,12,6 2. If the fermented malt beverages were sold by a Class “B” licensee, during hours in which the Class “B” licensee is authorized to sell fermented malt beverages under s. 125.32 (3) (am) or, if more restrictive, during hours established by ordinance by a municipality under s. 125.32 (3) (d).

AB127,12,10 (g) A 3rd-party delivery service or delivery service under common ownership with a licensee shall provide to the retail licensee on whose behalf the delivery is made an original or duplicate of each age verification record required under par. (c) 3.

AB127,12,14 (h) 1. If a licensee processes and fills a remote delivery order under this subsection, the sale of fermented malt beverages occurs at the time the customer pays for the fermented malt beverages, regardless of when the customer takes possession of the fermented malt beverages.

AB127,12,24 2. Notwithstanding s. 125.33 (9), if a 3rd-party delivery service or delivery service under common ownership with a licensee is unable to complete delivery of fermented malt beverages to a customer under this subsection, the 3rd-party delivery service or delivery service under common ownership with a licensee shall return the fermented malt beverages to the licensee from which the fermented malt beverages delivery originated and the licensee shall cancel the sale of the fermented malt beverages and may credit the customer's account. Notwithstanding s. 125.33 (9), if a licensee is unable to complete delivery of fermented malt beverages to a customer under this subsection, the licensee shall cancel the sale of the fermented malt beverages and may credit the customer's account.

AB127,13,6 (i) 1. Delivery of alcohol beverages under this subsection to an underage person shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party delivery service or delivery service under common ownership with a licensee or s. 125.07 (1) (a) 2. if delivery is made by a licensee, as well as a violation for purposes of s. 125.07 (1) (b) 1., subject to the same defenses that apply or would apply to a licensee under s. 125.07 (6).

AB127,13,10 2. Delivery of alcohol beverages under this subsection to a visibly intoxicated person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a 3rd-party delivery service or delivery service under common ownership with a licensee or s. 125.07 (2) (a) 2. if delivery is made by a licensee.

AB127,13,12 (j) A person who receives delivery of alcohol beverages under this subsection may not resell the alcohol beverages.

AB127,13,14 (k) Alcohol beverages may not be delivered under this subsection to the licensed premises of a Class “A,” “Class A,” Class “B,” “ Class B,” or “Class C” licensee.

AB127,13,19 (L) Nothing in this subsection limits the discretion of a retail licensee, delivery service under common ownership with a retail licensee, or 3rd-party delivery service to decline in whole or in part to make retail sales by means of remote delivery order, to reject individual remote delivery orders, or to limit, geographically or otherwise, the locations to which remote delivery orders are delivered.

AB127,13,22 (m) A retail licensee that processes and fills remote delivery orders may not do any of the following with respect to fermented malt beverages offered for sale and delivery under this subsection:

AB127,14,2 1. Enter into any agreement with a brewer, brewpub, or wholesaler that restricts, or gives preference with respect to, the availability of any fermented malt beverage brand on the basis that the fermented malt beverages will be offered for sale and delivery under this subsection.

AB127,14,6 2. Charge different prices for fermented malt beverages offered for sale and delivery under this subsection in comparison with the prices charged for the same products sold in a face-to-face transaction under sub. (1). This subdivision does not prohibit the retail licensee from charging an additional fee for delivery.

AB127,14,10 (3) (a) In this subsection, “remote pickup order” means an order for the sale of alcohol beverages in original unopened packages or containers, to be picked up at the retailer's premises, that is placed by telephone or Internet by a customer who asserts at the time of placing the order that he or she has attained the legal drinking age.

AB127,14,16 (b) If a Class “A” licensee receives a remote pickup order for fermented malt beverages that the customer will pick up at a parking space that is part of the Class “A” licensed premises, the sale of fermented malt beverages occurs at the time the customer takes possession of the fermented malt beverages at the parking space that is part of the Class “A” licensed premises, regardless of when the customer makes payment for the fermented malt beverages.

AB127,14,24 (c) If a Class “B” licensee receives a remote pickup order for fermented malt beverages that the customer will pick up at a parking space that is part of the Class “B” licensed premises, the sale of fermented malt beverages occurs at the time the customer takes possession of the fermented malt beverages at the parking space that is part of the Class “B” licensed premises, regardless of when the customer makes payment for the fermented malt beverages. Notwithstanding s. 125.26 (1), a Class “B” licensee's sale of fermented malt beverages made by remote pickup order under this paragraph is authorized only for consumption off the licensed premises.

AB127,15,10 (d) If a Class “A” licensee makes a sale of fermented malt beverages by remote pickup order under this subsection, the customer may not take possession of the fermented malt beverages during hours in which the Class “A” licensee is prohibited from selling fermented malt beverages under s. 125.32 (3) (b) or, if more restrictive, during hours established by ordinance by a municipality under s. 125.32 (3) (d). If a Class “B” licensee makes a sale of fermented malt beverages by remote pickup order under this subsection, the customer may not take possession of the fermented malt beverages during hours in which the Class “B” licensee is prohibited from selling fermented malt beverages under s. 125.32 (3) (am) or, if more restrictive, during hours established by ordinance by a municipality under s. 125.32 (3) (d).

AB127,15 Section 15. 125.51 (2) (c) of the statutes is renumbered 125.51 (2) (c) 1. and amended to read:

AB127,15,18 125.51 (2) (c) 1. “Class A" licenses shall particularly describe the premises for which issued and. The premises for a “Class A” license may include, if described in the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated with any structure described as licensed premises in the license application, even if the parking spaces are not contiguous with the remainder of the “Class A” licensed premises.

AB127,15,19 2. “Class A” licenses are not transferable, except as provided in s. 125.04 (12).

AB127,16 Section 16 . 125.51 (3) (bu) of the statutes is amended to read:

AB127,16,11 125.51 (3) (bu) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition to the authorization specified in sub. (1) (a) and in sub. (3) (a) or (b), a “Class B" license issued under sub. (1) to a caterer also authorizes the caterer to provide intoxicating liquor, including its retail sale, at the National Railroad Museum in Green Bay during special events held at this museum. Notwithstanding subs. (1) (a) and (3) (a) and (b), a caterer may provide intoxicating liquor under this paragraph at any location at the National Railroad Museum even though the National Railroad Museum is not part of the caterer's licensed premises, as described under par. (d) 1. in the caterer's “Class B" license, and even if the National Railroad Museum is not located within the municipality that issued the caterer's “Class B" license. A caterer that provides intoxicating liquor under this paragraph is subject to s. 125.68 (2) as if the intoxicating liquor were provided on the caterer's “Class B" licensed premises. This paragraph does not authorize the National Railroad Museum to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply if, at any time, the National Railroad Museum holds a “Class B" license.

AB127,17 Section 17. 125.51 (3) (bv) 1. of the statutes is amended to read:

AB127,16,25 125.51 (3) (bv) 1. Subject to subds. 2. and 3., and notwithstanding ss. 125.04 (3) (a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization specified in par. (a) or (b) and in sub. (1) (a), a “Class B" license issued under sub. (1) to a caterer also authorizes the caterer to provide intoxicating liquor, including its retail sale, on racetrack grounds, as defined in s. 125.27 (5) (a). Subject to subds. 2. and 3., and notwithstanding pars. (a) and (b) and sub. (1) (a) and s. 125.32 (6) (a), a caterer may provide intoxicating liquor under this subdivision at any location on racetrack grounds even though the racetrack grounds are not part of the caterer's licensed premises, as described under par. (d) 1. in the caterer's “Class B" license, and even if the racetrack grounds are not located within the municipality that issued the caterer's “Class B" license. A caterer that provides intoxicating liquor under this subdivision is subject to s. 125.68 (2) and (4) as if the intoxicating liquor were provided on the caterer's “Class B" licensed premises.

AB127,18 Section 18. 125.51 (3) (bw) of the statutes is amended to read:

AB127,17,16 125.51 (3) (bw) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition to the authorization specified in par. (a) or (b) and in sub. (1) (a), a “Class B" license issued under sub. (1) to a caterer also authorizes the caterer to provide intoxicating liquor, including its retail sale, at the Heritage Hill state park during special events held at this park. Notwithstanding pars. (a) and (b) and sub. (1) (a), a caterer may provide intoxicating liquor under this paragraph at any location at the Heritage Hill state park even though the Heritage Hill state park is not part of the caterer's licensed premises, as described under par. (d) 1. in the caterer's “Class B" license, and even if the Heritage Hill state park is not located within the municipality that issued the caterer's “Class B" license. A caterer that provides intoxicating liquor under this paragraph is subject to s. 125.68 (2) as if the intoxicating liquor were provided on the caterer's “Class B" licensed premises. This paragraph does not authorize the Heritage Hill state park to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply if, at any time, the Heritage Hill state park holds a “Class B" license.

AB127,19 Section 19 . 125.51 (3) (bx) of the statutes is amended to read:

AB127,18,10 125.51 (3) (bx) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition to the authorization specified in par. (a) or (b) and in sub. (1) (a), a “Class B" license issued under sub. (1) also authorizes the licensee to provide intoxicating liquor, including its retail sale, at specific locations within the Ozaukee County fairgrounds for consumption at these locations during special events held at the fairgrounds, if the Ozaukee County board adopts a resolution approving the licensee and if the licensee's “Class B” licensed premises are located in Ozaukee County. Notwithstanding pars. (a) and (b) and sub. (1) (a), a licensee may provide intoxicating liquor under this paragraph at the Ozaukee County fairgrounds even though the Ozaukee County fairgrounds are not part of the licensee's licensed premises, as described under par. (d) 1. in the licensee's “Class B” license, and even if the Ozaukee County fairgrounds are not located within the municipality that issued the licensee's “Class B” license. A licensee that provides intoxicating liquor under this paragraph is subject to s. 125.68 (2) as if the intoxicating liquor were provided on the licensee's “Class B” licensed premises. This paragraph does not authorize Ozaukee County or any person operating or managing the Ozaukee County fairgrounds to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale.

AB127,20 Section 20 . 125.51 (3) (d) of the statutes is renumbered 125.51 (3) (d) 1. and amended to read:

AB127,18,18 125.51 (3) (d) 1. “Class B" licenses shall particularly describe the premises for which issued and. The premises for a “Class B” license may include, if described in the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated with any structure described as licensed premises in the license application, even if the parking spaces are not contiguous with the remainder of the “Class B” licensed premises.

AB127,18,19 2. “Class B” licenses are not transferable, except as provided in s. 125.04 (12).

AB127,21 Section 21. 125.51 (6) of the statutes is renumbered 125.51 (6) (a) and amended to read:

AB127,18,25 125.51 (6) (a) Except as provided in pars. (b) and (c) and subs. (3) (bm), (bs), and (bx) and (5) (e) and except with respect to caterers, a retail license or permit issued under this section authorizes only face-to-face sales to consumers at the premises described in the retail license or permit.

AB127,22 Section 22. 125.51 (6) (b) and (c) of the statutes are created to read:

AB127,19,2 125.51 (6) (b) 1. In this paragraph:

AB127,19,3 a. “Record” has the meaning given in s. 137.11 (12).

AB127,19,4 b. “Remote delivery order” has the meaning given in s. 125.272 (2) (a) 2.

AB127,19,6 2. A retail licensee may process and fill a remote delivery order if all of the following apply:

AB127,19,10 a. The licensee holds a retail license issued under sub. (2) or (3), and the intoxicating liquor is sold in original, unopened packages or containers or, if sold by a licensee under sub. (3), in containers sealed, before removal from the licensed premises, with a tamper-evident seal.

AB127,19,14 b. The products ordered are delivered to the customer by the licensee, by a delivery service under common ownership with the licensee, or by a 3rd-party delivery service and the licensee, delivery service under common ownership with the licensee, or 3rd-party delivery service holds a permit issued under s. 125.20.

AB127,19,16 c. Full payment for the order is made at the time the order is placed and no payment, other than a tip, is made at the time of delivery.

AB127,19,18 d. At the time the order is placed, the customer asserts that the customer has attained the legal drinking age and is not intoxicated.

AB127,19,20 e. At the time the products ordered are delivered, the individual delivering the order complies with subds. 3., 4., 5., and 6.

AB127,19,23 3. An individual may not deliver alcohol beverages to a customer under this paragraph unless the individual making the delivery does all of the following at the time of delivery:

AB127,19,25 a. Prior to transferring possession of the alcohol beverages to the customer, confirms the customer receiving delivery is the person who placed the order.

AB127,20,5 b. Prior to transferring possession of the alcohol beverages to the customer, performs an in-person examination of the customer's identification document containing proof of age and verifies by visual examination and by using electronic scanning technology that the customer receiving delivery of the order has attained the legal drinking age.

AB127,20,6 c. Creates a record of the age verification under subd. 3. b.

AB127,20,8 4. An individual may not deliver alcohol beverages under this paragraph to a person who is visibly intoxicated.

AB127,20,10 5. An individual may not deliver alcohol beverages to a customer under this paragraph unless all of the following apply:

AB127,20,11 a. The individual has attained the legal drinking age.

AB127,20,13 b. The individual has successfully completed a responsible beverage server training course or comparable training course as described in s. 125.04 (5) (a) 5.

AB127,20,15 6. An individual may not deliver intoxicating liquor to a customer under this paragraph unless the individual completes the delivery during the following hours:

AB127,20,19 a. If the intoxicating liquor was sold by a “Class A” licensee, during hours in which the “Class A” licensee is authorized to sell intoxicating liquor under s. 125.68 (4) (b) or, if more restrictive, during hours established by ordinance by a municipality under s. 125.68 (4) (b).

AB127,20,24 b. If the intoxicating liquor was sold by a “Class B” licensee, during hours in which the “Class B” licensee is authorized to sell intoxicating liquor under s. 125.68 (4) (c) 3. or, if more restrictive, during hours established by ordinance by a municipality under s. 125.68 (4) (c) 3., or, if applicable, during hours in which the “Class B” licensee is authorized to sell intoxicating liquor under s. 125.68 (4) (c) 3m.

AB127,21,4 7. A 3rd-party delivery service or delivery service under common ownership with a licensee shall provide to the retail licensee on whose behalf the delivery is made an original or duplicate of each age verification record required under subd. 3. c.

AB127,21,8 8. a. If a licensee processes and fills a remote delivery order under this paragraph, the sale of intoxicating liquor occurs at the time the customer pays for the intoxicating liquor, regardless of when the customer takes possession of the intoxicating liquor.

AB127,21,18 b. Notwithstanding s. 125.69 (6), if a 3rd-party delivery service or delivery service under common ownership with a licensee is unable to complete delivery of intoxicating liquor to a customer under this paragraph, the 3rd-party delivery service or delivery service under common ownership with a licensee shall return the intoxicating liquor to the licensee from which the intoxicating liquor delivery originated and the licensee shall cancel the sale of the intoxicating liquor and may credit the customer's account. Notwithstanding s. 125.69 (6), if a licensee is unable to complete delivery of intoxicating liquor to a customer under this paragraph, the licensee shall cancel the sale of the intoxicating liquor and may credit the customer's account.

AB127,21,24 9. a. Delivery of alcohol beverages under this paragraph to an underage person shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party delivery service or delivery service under common ownership with a licensee or s. 125.07 (1) (a) 2. if delivery is made by a licensee, as well as a violation for purposes of s. 125.07 (1) (b) 1., subject to the same defenses that apply or would apply to a licensee under s. 125.07 (6).

AB127,22,4 b. Delivery of alcohol beverages under this paragraph to a visibly intoxicated person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a 3rd-party delivery service or delivery service under common ownership with a licensee or s. 125.07 (2) (a) 2. if delivery is made by a licensee.

AB127,22,6 10. A person who receives delivery of alcohol beverages under this paragraph may not resell the alcohol beverages.

AB127,22,8 11. Alcohol beverages may not be delivered under this paragraph to the licensed premises of a Class “A,” “Class A,” Class “B,” “Class B,” or “Class C” licensee.

AB127,22,13 12. Nothing in this paragraph limits the discretion of a retail licensee, delivery service under common ownership with a retail licensee, or 3rd-party delivery service to decline in whole or in part to make retail sales by means of remote delivery order, to reject individual remote delivery orders, or to limit, geographically or otherwise, the locations to which remote delivery orders are delivered.

AB127,22,16 13. A retail licensee that processes and fills remote delivery orders may not do any of the following with respect to intoxicating liquor offered for sale and delivery under this paragraph:

AB127,22,20 a. Enter into any agreement with a manufacturer, rectifier, winery, or wholesaler that restricts, or gives preference with respect to, the availability of any intoxicating liquor brand on the basis that the intoxicating liquor will be offered for sale and delivery under this paragraph.

AB127,22,24 b. Charge different prices for intoxicating liquor offered for sale and delivery under this paragraph in comparison with the prices charged for the same products sold in a face-to-face transaction under par. (a). This subd. 13. b. does not prohibit the retail licensee from charging an additional fee for delivery.

AB127,23,2 (c) 1. In this paragraph, “remote pickup order” has the meaning given in s. 125.272 (3) (a).

AB127,23,8 2. If a “Class A” licensee receives a remote pickup order for intoxicating liquor that the customer will pick up at a parking space that is part of the “Class A” licensed premises, the sale of intoxicating liquor occurs at the time the customer takes possession of the intoxicating liquor at the parking space that is part of the “Class A” licensed premises, regardless of when the customer makes payment for the intoxicating liquor.

AB127,23,18 3. If a “Class B” licensee receives a remote pickup order for intoxicating liquor that the customer will pick up at a parking space that is part of the “Class B” licensed premises, the sale of intoxicating liquor occurs at the time the customer takes possession of the intoxicating liquor at the parking space that is part of the “Class B” licensed premises, regardless of when the customer makes payment for the intoxicating liquor. Notwithstanding sub. (3) (a) to (b), a “Class B” licensee's sale of intoxicating liquor made by remote pickup order under this subdivision is authorized only for consumption off the licensed premises. This subdivision does not affect any restriction under sub. (3) (a) to (b) on a “Class B” licensee's authorization to sell intoxicating liquor for consumption off the licensed premises.