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(L) A retail licensee that processes and fills remote orders may not do any of
4the following with respect to fermented malt beverages offered for sale and delivery
5under this subsection:
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1. Enter into any agreement with a brewer, brewpub, or wholesaler that
7restricts, or gives preference with respect to, the availability of any fermented malt
8beverage brand on the basis that the fermented malt beverages will be offered for
9sale and delivery under this subsection.
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2. Charge different prices for fermented malt beverages offered for sale and
11delivery under this subsection in comparison with the prices charged for the same
12products sold in a face-to-face transaction under sub. (1). This subdivision does not
13prohibit the retail licensee from charging an additional fee for delivery.”
.
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15“c. “Third-party delivery service” has the meaning given in s. 125.272 (2) (a)
163.”.
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1714. Page 6, line 21: after “(3)" insert “, and the intoxicating liquor is sold in
18original, unopened packages or containers or, if sold by a licensee under sub. (3), in
19containers sealed, before removal from the licensed premises, with a tamper-evident
20seal.”.
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22“b. The products ordered are delivered to the customer by the licensee, by a
23wholly owned subsidiary of the licensee, or by a 3rd-party delivery service and the
1the licensee, wholly owned subsidiary of the licensee, or 3rd-party delivery service
2holds a permit issued under s. 125.20.”.
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5“5m. An individual may not deliver intoxicating liquor to a customer under this
6paragraph unless the individual completes the delivery during the following hours:
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a. If the intoxicating liquor was sold by a “Class A” licensee, during hours in
8which the “Class A” licensee is authorized to sell intoxicating liquor under s. 125.68
9(4) (b) or, if more restrictive, during hours established by ordinance by a municipality
10under s. 125.68 (4) (b).
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b. If the intoxicating liquor was sold by a “Class B” licensee, during hours in
12which the “Class B” licensee is authorized to sell intoxicating liquor under s. 125.68
13(4) (c) 3. or, if more restrictive, during hours established by ordinance by a
14municipality under s. 125.68 (4) (c) 3., or, if applicable, during hours in which the
15“Class B” licensee is authorized to sell intoxicating liquor under s. 125.68 (4) (c) 3m.”.
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1“9. A person who receives delivery of alcohol beverages under this paragraph
2may not resell the alcohol beverages.
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10. Alcohol beverages may not be delivered under this paragraph to the
4licensed premises of a Class “A,” “Class A,” Class “B,” “Class B,” or “Class C” licensee.
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11. Nothing in this paragraph limits the discretion of a retail licensee, wholly
6owned subsidiary of a retail licensee, or 3rd-party delivery service to decline in whole
7or in part to make retail sales by means of remote order, to reject individual remote
8orders, or to limit, geographically or otherwise, the locations to which remote orders
9are delivered.
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12. A retail licensee that processes and fills remote orders may not do any of
11the following with respect to intoxicating liquor offered for sale and delivery under
12this paragraph:
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a. Enter into any agreement with a manufacturer, rectifier, winery, or
14wholesaler that restricts, or gives preference with respect to, the availability of any
15intoxicating liquor brand on the basis that the intoxicating liquor will be offered for
16sale and delivery under this paragraph.
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b. Charge different prices for intoxicating liquor offered for sale and delivery
18under this paragraph in comparison with the prices charged for the same products
19sold in a face-to-face transaction under par. (b). This subd. 12. b. does not prohibit
20the retail licensee from charging an additional fee for delivery.”.
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2(1) This act takes effect on July 1, 2022.”.
