SB130: Bill Text

SB130,,89 125.51 (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.

SB130,22 Section 22. 125.51 (6) (b) and (c) of the statutes are created to read:

SB130,,91 125.51 (6) (b) 1. In this paragraph:

SB130,,92 a. “Record” has the meaning given in s. 137.11 (12).

SB130,,93 b. “Remote delivery order” has the meaning given in s. 125.272 (2) (a) 2.

SB130,,94 2. A retail licensee may process and fill a remote delivery order if all of the following apply:

SB130,,95 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.

SB130,,96 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.

SB130,,97 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.

SB130,,98 d. At the time the order is placed, the customer asserts that the customer has attained the legal drinking age and is not intoxicated.

SB130,,99 e. At the time the products ordered are delivered, the individual delivering the order complies with subds. 3., 4., 5., and 6.

SB130,,100 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:

SB130,,101 a. Prior to transferring possession of the alcohol beverages to the customer, confirms the customer receiving delivery is the person who placed the order.

SB130,,102 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.

SB130,,103 c. Creates a record of the age verification under subd. 3. b.

SB130,,104 4. An individual may not deliver alcohol beverages under this paragraph to a person who is visibly intoxicated.

SB130,,105 5. An individual may not deliver alcohol beverages to a customer under this paragraph unless all of the following apply:

SB130,,106 a. The individual has attained the legal drinking age.

SB130,,107 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.

SB130,,108 6. An individual may not deliver intoxicating liquor to a customer under this paragraph unless the individual completes the delivery during the following hours:

SB130,,109 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).

SB130,,110 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.

SB130,,111 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.

SB130,,112 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.

SB130,,113 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.

SB130,,114 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).

SB130,,115 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.

SB130,,116 10. A person who receives delivery of alcohol beverages under this paragraph may not resell the alcohol beverages.

SB130,,117 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.

SB130,,118 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.

SB130,,119 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:

SB130,,120 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.

SB130,,121 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.

SB130,,122 (c) 1. In this paragraph, “remote pickup order” has the meaning given in s. 125.272 (3) (a).

SB130,,123 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.

SB130,,124 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.

SB130,,125 4. If a “Class A” licensee makes a sale of intoxicating liquor by remote pickup order under this paragraph, the customer may not take possession of the intoxicating liquor during hours in which the “Class A” licensee is prohibited from selling 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). If a “Class B” licensee makes a sale of intoxicating liquor by remote pickup order under this paragraph, the customer may not take possession of the intoxicating liquor during hours in which the “Class B” licensee is prohibited from selling intoxicating liquor under s. 125.68 (4) (c) 3. or, if more restrictive, during hours established by ordinance by a municipality under s. 125.32 (4) (c) 3., or, if applicable, during hours in which the “Class B” licensee is prohibited from selling intoxicating liquor under s. 125.68 (4) (c) 3m.

SB130,23 Section 23. 139.11 (1m) of the statutes is created to read:

SB130,,127 139.11 (1m) Age verification records for delivered alcohol beverages. (a) If a retail licensee processes and fills a remote delivery order under s. 125.272 (2) or 125.51 (6) (b), the records required under sub. (1) shall include all of the following:

SB130,,128 1. All age verification records created by the licensee as required under ss. 125.272 (2) (c) 3. and 125.51 (6) (b) 3. c.

SB130,,129 2. All age verification records provided to the licensee by a 3rd-party delivery service or delivery service under common ownership with the licensee under ss. 125.272 (2) (g) and 125.51 (6) (b) 7.

SB130,,130 (b) A licensee shall retain the records required under par. (a) for 3 years from the date the alcohol beverages are delivered.

SB130,24 Section 24. 139.25 (9) of the statutes is amended to read:

SB130,,132 139.25 (9) Failure to keep records. Failure to comply with s. 139.11 (1) or (1m) shall carry a penalty of revocation by the secretary of revenue of the license or permit.

SB130,25 Section 25. Effective date.

SB130,,134 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB130,,135 (end)