AB304: Bill Text

AB304,139,17 125.68 (2) Operators' licenses and permits; “Class A," “Class B," “Class C," and other premises. Except as provided under ss. 125.07 (3) (a) 10. and 125.51 (10), no premises operated under a “Class A" or “Class C" license or under a “Class B" license or permit may be open for business, and no person who holds a brewer's permit, manufacturer's or rectifier's permit, or winery permit may allow the sale or provision of taste samples of intoxicating liquor on the brewery premises, manufacturing or rectifying premises as provided in s. 125.52 (1) (b) 2., winery premises, or any retail outlet operated by the brewer, manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless there is upon the premises either the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation or limited liability company, or some person who has an operator's license or operator's permit and who is responsible for the acts of all persons selling or serving any intoxicating liquor to customers. An operator's license issued in respect to a vessel under s. 125.51 (5) (c) is valid outside the municipality that issues it. For the purpose of this subsection, any person holding a manager's license issued under s. 125.18 or any member of the licensee's or permittee's immediate family who has attained the age of 18 shall be considered the holder of an operator's license. No person, including a member of the licensee's or permittee's immediate family, other than the licensee, permittee, or agent may serve or sell alcohol beverages in any place operated under a “Class A" or “Class C" license or under a “Class B" license or permit, or serve or sell intoxicating liquor on brewery premises, manufacturing or rectifying premises, winery premises, or any retail outlet operated by a brewer, manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless he or she has an operator's license or operator's permit, is considered to have an operator's license under this subsection, or is at least 18 years of age and is under the immediate supervision of the licensee, permittee, or agent or a person holding an operator's license or operator's permit, who is on the premises at the time of the service.

AB304,271 Section 271. 125.68 (4) (c) 1. of the statutes is amended to read:

AB304,140,2 125.68 (4) (c) 1. Subject to subds. 3. and 6. and s. 125.51 (3r) (a) 3., no premises for which a “Class B" license or permit or a “Class C" license has been issued may remain open between the hours of 2 a.m. and 6 a.m., except as otherwise provided in this subdivision and subd. 4. On January 1 premises operating under a “Class B" license or permit are not required to close. On Saturday and Sunday, no premises may remain open between 2:30 a.m. and 6 a.m. except that, on the Sunday that daylight saving time begins as specified in s. 175.095 (2), no premises may remain open between 3:30 a.m. and 6 a.m. This subdivision does not apply to a “Class B" license issued to a winery under s. 125.51 (3) (am).

AB304,272 Section 272. 125.68 (4) (c) 3. of the statutes is amended to read:

AB304,140,11 125.68 (4) (c) 3. Between 12 midnight and 6 a.m. no person may sell intoxicating liquor on “Class B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises or on “Class C" licensed premises as authorized under s. 125.51 (3r) (a). A municipal governing body may, by ordinance, impose more restrictive hours than are provided in this subdivision except with respect to the sale of intoxicating liquor authorized under s. 125.51 (3r) (a). This subdivision does not apply to a “Class B" license issued to a winery under s. 125.51 (3) (am).

AB304,273 Section 273. 125.68 (4) (c) 3m. of the statutes is repealed.

AB304,274 Section 274 . 125.68 (9) (f) of the statutes is amended to read:

AB304,140,20 125.68 (9) (f) Every person manufacturing, rectifying or blending intoxicating liquor sold in this state shall provide the department division with the names, brands, descriptions, alcoholic content by volume and any other information about the intoxicating liquor required by the department division. Information required by this paragraph shall be submitted prior to placing any new blend on the market. The department division may also require by rule that samples of new products be submitted for examination and analysis.

AB304,275 Section 275. 125.68 (10) (a) and (b) of the statutes are amended to read:

AB304,141,2 125.68 (10) (a) Except as provided in s. ss. 125.23 and 125.535, no intoxicating liquor may be shipped into this state unless consigned to a person holding a wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit under s. 125.52 or a winery permit under s. 125.53.

AB304,141,9 (b) Except as provided in s. ss. 125.23 and 125.535, no common carrier or other person may transport into and deliver within this state any intoxicating liquor unless it is consigned to a person holding a wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit under s. 125.52 or a winery permit under s. 125.53. Any common carrier violating this paragraph shall forfeit $100 for each violation.

AB304,276 Section 276 . 125.69 (1) of the statutes is repealed and recreated to read:

AB304,141,13 125.69 (1) Interest restrictions. (a) Subject to s. 125.20 (6), a manufacturer's or rectifier's permit under s. 125.52 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:

AB304,141,15 1. A Class “A" license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).

AB304,141,17 2. A Class “B" license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).

AB304,141,19 3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

AB304,141,20 4. A wholesaler's permit issued under s. 125.28 or 125.54.

AB304,141,23 (b) Subject to s. 125.20 (6), a winery permit under s. 125.53 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:

AB304,141,25 1. A Class “A" license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).

AB304,142,2 2. A Class “B" license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).

AB304,142,4 3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

AB304,142,5 4. A wholesaler's permit issued under s. 125.28 or 125.54.

AB304,142,8 (c) Subject to s. 125.20 (6), a wholesaler's permit under s. 125.54 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:

AB304,142,10 1. A Class “A" license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).

AB304,142,12 2. A Class “B" license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).

AB304,142,14 3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

AB304,142,15 4. A brewer's permit issued under s. 125.29.

AB304,142,16 5. A brewpub permit issued under s. 125.295.

AB304,142,17 6. A winery permit issued under s. 125.53.

AB304,142,18 7. A manufacturer's or rectifier's permit issued under s. 125.52.

AB304,142,19 8. An out-of-state shipper's permit issued under s. 125.30 or 125.58.

AB304,142,22 (d) Subject to s. 125.20 (6), an out-of-state shipper's permit under s. 125.58 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:

AB304,142,24 1. A Class “A" license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).

AB304,143,2 2. A Class “B" license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).

AB304,143,4 3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

AB304,143,5 4. A wholesaler's permit issued under s. 125.28 or 125.54.

AB304,143,7 (e) 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:

AB304,143,8 1. A wholesaler's permit issued under s. 125.28 or 125.54.

AB304,143,9 2. A brewer's permit issued under s. 125.29.

AB304,143,10 3. A brewpub permit issued under s. 125.295.

AB304,143,11 4. A winery permit issued under s. 125.53.

AB304,143,12 5. A manufacturer's or rectifier's permit issued under s. 125.52.

AB304,143,13 6. An out-of-state shipper's permit issued under s. 125.30 or 125.58.

AB304,143,16 (f) Subject to s. 125.20 (6), a “Class B" license or permit or “Class C” license may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

AB304,143,17 1. A wholesaler's permit issued under s. 125.28 or 125.54.

AB304,143,18 2. A brewer's permit issued under s. 125.29.

AB304,143,20 3. Except as provided in s. 125.295 (1) (h), (2) (a) 6. e., and (3) (c), a brewpub permit issued under s. 125.295.

AB304,143,21 4. A winery permit issued under s. 125.53.

AB304,143,22 5. A manufacturer's or rectifier's permit issued under s. 125.52.

AB304,143,23 6. An out-of-state shipper's permit issued under s. 125.30 or 125.58.

AB304,277 Section 277. 125.69 (1) (a) 5., (b) 5., (c) 9. and (d) 5. of the statutes are created to read:

AB304,144,1 125.69 (1) (a) 5. A no-sale event venue permit issued under s. 125.24.

AB304,144,2 (b) 5. A no-sale event venue permit issued under s. 125.24.

AB304,144,3 (c) 9. A no-sale event venue permit issued under s. 125.24.

AB304,144,4 (d) 5. A no-sale event venue permit issued under s. 125.24.

AB304,278 Section 278. 125.69 (4) (e) of the statutes is amended to read:

AB304,144,10 125.69 (4) (e) Costs. The cost of administering this subsection shall be charged to the manufacturer, rectifier and wholesaler permittees. The department division shall determine the costs and shall establish the procedure for apportioning the cost against the permittees and provide for the method of payment to the department division.

AB304,279 Section 279 . 125.69 (7) of the statutes is amended to read:

AB304,144,16 125.69 (7) License or permit revocation. The violation of sub. (1), (3) or (5), or s. 125.20 (5) (d) as it relates to sub. (1), is sufficient cause for the revocation of the license or permit of any licensee or permittee receiving the benefit from the prohibited act as well as the revocation of the license or permit of the licensee or permittee committing the prohibited act.

AB304,280 Section 280. 125.69 (9) of the statutes is created to read:

AB304,144,23 125.69 (9) Providing taste samples on retail premises. (a) Subject to par. (e), with the consent of the “Class A,” “Class B,” or “Class C” licensee, a winery, manufacturer, or rectifier may provide, free of charge, on “Class A,” “Class B,” or “Class C” premises, taste samples of intoxicating liquor to any person who has attained the legal drinking age for consumption on the premises between the hours of 11 a.m. and 7 p.m.

AB304,145,2 (b) A taste sample of wine may not exceed 3 fluid ounces and a person may not receive more than 2 taste samples of wine per day. A taste sample of intoxicating liquor other than wine may not exceed 0.5 fluid ounces and a person may receive not more than one taste sample of such intoxicating liquor per day.

AB304,145,8 (c) A winery, manufacturer, or rectifier may provide taste samples of any intoxicating liquor purchased from the retail licensee or of any intoxicating liquor the winery, manufacturer, or rectifier produced on premises covered by its winery permit, manufacturer's permit, or rectifier's permit and brings to the retail premises, but the winery, manufacturer, or rectifier may not leave at the retail premises any unused intoxicating liquor not purchased from the retail licensee.

AB304,145,11 (d) Any representative of a manufacturer, rectifier, or winery issued a permit under s. 125.52 or 125.53 may assist the retail licensee in dispensing or serving the taste samples.

AB304,145,13 (e) This subsection authorizes taste samples only of wine on “Class C” licensed premises.

AB304,281 Section 281 . 139.01 (2p) of the statutes is created to read:

AB304,145,16 139.01 (2p) “Division" means the division of alcohol beverages in the department.

AB304,282 Section 282 . 139.01 (4) of the statutes is amended to read:

AB304,145,21 139.01 (4) “License," and “fermented malt beverages" have the same meaning as in s. 125.02, and “licensed premises" are premises described in licenses and permits issued by the department division, cities, villages, or towns under the authority of said section, other than a permit issued under s. 125.175.

AB304,283 Section 283 . 139.01 (4) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB304,146,2 139.01 (4) “License," and “fermented malt beverages" have the same meaning as in s. 125.02, and “licensed premises" are premises described in licenses and permits issued by the division, cities, villages, or towns under the authority of said section, other than a permit permits issued under s. ss. 125.175 and 125.24.

AB304,284 Section 284 . 139.01 (6) of the statutes is amended to read:

AB304,146,19 139.01 (6) A “rectifier" is a person who rectifies, purifies or refines distilled spirits or wines by any process other than by original and continuous distillation from mash, wort or wash, through continuous closed vessels or pipes, until the manufacture thereof is complete, or who has in his or her possession any still or leach tub or keeps any other apparatus for the purpose of refining in any manner distilled spirits or the other liquors, or who after rectifying and purifying distilled spirits, by mixing such spirits or liquors with any materials, manufactures any spurious, imitation or compound liquors for sale, and any person who, without rectifying, purifying or refining distilled spirits, by mixing such spirits with any materials, manufactures any spurious, imitation or compound liquors for sale under the name of “whiskey," “brandy," “gin," “rum," “spirits," “ cordials" or any other name, and who is also a distiller or is under substantially the same management or control as a distiller. A rectifier may sell at wholesale intoxicating liquors rectified by him or her without any other license than that of a rectifier. “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).

AB304,285 Section 285 . 139.03 (5) (a) of the statutes is amended to read:

AB304,147,3 139.03 (5) (a) No person who enters this state from another state may have in his or her possession and bring into the state any intoxicating liquor or wine. The prohibition in this paragraph does not apply to a person who changes his or her domicile from another state or a foreign country to this state and who brings into this state intoxicating liquor and wine constituting household goods. The prohibition in this paragraph does not apply to intoxicating liquor or wine consigned to any person having a permit from the secretary division to engage in the sale of such intoxicating liquor or wine.

AB304,286 Section 286. 139.04 (4) of the statutes is amended to read:

AB304,147,7 139.04 (4) Sale or shipment of fermented malt beverages by a brewer to a bottler or between brewers, or of intoxicating liquor, whether in bulk or any state of packaging, between manufacturers, rectifiers, and wineries.

AB304,287 Section 287. 139.06 (3) of the statutes is amended to read:

AB304,147,17 139.06 (3) In shipping intoxicating liquor, whether in bulk for the purpose of bottling or rectifying to a rectifier located within the state or in any state of packaging, to a manufacturer or rectifier holding a permit under s. 125.52, the manufacturer or rectifier shall securely affix thereto a label or statement, in such form as is prescribed by the secretary, reciting that the shipment is made for the purpose of bottling or rectifying a tax-exempt transfer between producers as authorized under s. 139.04 (4). Each manufacturer or rectifier making such shipments shall file an information report that shows the dates and quantities of shipments and the name and address of each consignee.

AB304,288 Section 288 . 139.08 (3) of the statutes is amended to read:

AB304,147,21 139.08 (3) Police powers. The department of revenue shall enforce and the duly authorized employees of the department shall have all necessary police powers to prevent violations of s. 134.65, and this subchapter and ch. 125.

AB304,289 Section 289 . 139.08 (4) of the statutes is amended to read:

AB304,148,12 139.08 (4) Inspection for enforcement. Duly authorized employees of the department of justice and the department of revenue and any sheriff, police officer, marshal, or constable, within their respective jurisdictions, may at all reasonable hours enter any licensed premises, and examine the books, papers, and records of any brewer, brewpub, manufacturer, bottler, rectifier, wholesaler, or retailer, for the purpose of inspecting the same and determining whether the tax and fee imposed by ss. 139.01 to 139.25 have been fully paid, 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 the tax imposed by ss. 139.01 to 139.25 has been fully paid, and whether ss. 139.01 to 139.25 and ch. 125 are 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 granted for the sale of any fermented malt beverages or intoxicating liquors and is punishable under s. 139.25 (10).

AB304,290 Section 290 . 139.08 (5) of the statutes is created to read:

AB304,148,18 139.08 (5) Retention of certain records. Notwithstanding any retention schedule established for the department's records under s. 16.61, the department shall retain for 3 years after receipt by the department all reports submitted to the division under ss. 125.22 (2) and 125.23 (5) and all records received by the division relating to these reports.

AB304,291 Section 291 . 139.11 (1) of the statutes is amended to read:

AB304,149,6 139.11 (1) Preservation of records. Every person who manufactures, rectifies, distributes, imports, transports, stores, warehouses, or sells intoxicating liquor or fermented malt beverages shall keep complete and accurate records of all such liquor or malt beverages purchased, sold, manufactured, rectified, brewed, fermented, distilled, produced, stored, warehoused, imported, or transported within this state. Such records shall be of a kind and in the form prescribed by the secretary and shall be safely preserved to ensure accessibility for inspection by the secretary or by the division as provided in s. 125.025 (3). A person required to keep records under this subsection may keep such records in electronic form only. Any common carrier or fulfillment house required to submit reports under s. 125.22 or 125.23 shall maintain, for 3 years, all records related to the reports or otherwise required to be kept under this subsection.

AB304,292 Section 292. 139.11 (4) (a) 2. of the statutes is amended to read:

AB304,149,13 139.11 (4) (a) 2. A current list, available on paper and on the department's Internet site, providing detailed information regarding every person issued a wholesalers permit under s. 125.28, brewers permit under s. 125.29, brewpub permit under s. 125.295, or out-of-state shippers permit under s. 125.30. The information provided under this subdivision shall include the name and address of the permit holder and the date on which the department division issued the permit.