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2023 - 2024 LEGISLATURE
SENATE AMENDMENT 2,
TO SENATE BILL 268
November 14, 2023 - Offered by Senator LeMahieu.
SB268-SA2,1,11 At the locations indicated, amend the bill as follows:
SB268-SA2,1,13 21. Page 2, line 1: after “enforcement" insert “; creating the Division of Alcohol
3Beverages attached to the Department of Revenue; the regulation of alcohol
4beverages and enforcement of alcohol beverage laws; interest restrictions relating to,
5and authorized activities of, brewers, brewpubs, wineries, manufacturers, rectifiers,
6wholesalers, and retailers; shipping alcohol beverages by means of fulfillment
7houses and common carriers; the consumption of alcohol beverages in a public place;
8creating a no-sale event venue permit; creating an operator's permit; liquor licenses
9transferred from one municipality to another; retailers' authorized activities; liquor
10license quotas; the safe ride program; the presence of underage persons and conduct
11of other business on licensed premises; the occupational tax on alcohol beverages;
12transporting certain homemade alcohol beverages into this state; repealing a rule
13promulgated by the Department of Revenue; granting rule-making authority;".
SB268-SA2,2,1
12. Page 6, line 1: before that line insert:
SB268-SA2,2,2 2 Section 1g. 15.433 (2) of the statutes is created to read:
SB268-SA2,2,83 15.433 (2) Division of alcohol beverages. (a) There is created a division of
4alcohol beverages attached to the department of revenue under s. 15.03. The
5administrator of the division shall be appointed outside the classified service. The
6administrator of the division shall be nominated by the secretary of revenue and with
7the advice and consent of the senate appointed, to serve at the pleasure of the
8secretary of revenue.
SB268-SA2,2,129 (b) There is created within the division of alcohol beverages a bureau dedicated
10to enforcement and a bureau dedicated to legal services, permitting, and reporting,
11with each bureau headed by a director who reports to, and serves at the pleasure of,
12the division administrator.
SB268-SA2,2,1513 (c) There is created within the division of alcohol beverages a unit dedicated
14to education and community outreach, headed by an individual who reports to the
15division administrator.
SB268-SA2,1j 16Section 1j. 19.42 (13) (q) of the statutes is created to read:
SB268-SA2,2,1817 19.42 (13) (q) The administrator and employees of the division of alcohol
18beverages.
SB268-SA2,1m 19Section 1m. 20.923 (4) (c) 7. of the statutes is created to read:
SB268-SA2,2,2120 20.923 (4) (c) 7. Revenue, department of; division of alcohol beverages:
21administrator.”.
SB268-SA2,2,22 223. Page 13, line 3: after that line insert:
SB268-SA2,2,23 23 Section 19g. 125.02 (1g) of the statutes is created to read:
SB268-SA2,3,4
1125.02 (1g) “Axe throwing facility" means an establishment that provides
2customers with a venue to engage in the activity of axe throwing and that either
3derives at least 51 percent of its revenue from fees associated with axe throwing or
4maintains at the venue at least 5 axe throwing lanes.
SB268-SA2,19m 5Section 19m. 125.02 (5g) of the statutes is created to read:
SB268-SA2,3,76 125.02 (5g) “Division" means the division of alcohol beverages in the
7department.”.
SB268-SA2,3,8 84. Page 13, line 4: delete lines 4 to 12 and substitute:
SB268-SA2,3,10 9 Section 20c. 125.02 (6) of the statutes is renumbered 125.02 (6) (intro.) and
10amended to read:
SB268-SA2,3,1111 125.02 (6) (intro.) “Fermented malt beverages" means any of the following:
SB268-SA2,3,14 12(a) Any beverage made by the alcohol fermentation of an infusion in potable
13water of barley malt and hops, with or without unmalted grains or decorticated and
14degerminated grains or sugar containing 0.5 percent or more of alcohol by volume.
SB268-SA2,21c 15Section 21c. 125.02 (6) (b) of the statutes is created to read:
SB268-SA2,3,1716 125.02 (6) (b) Any beverage recognized by the federal department of the
17treasury as beer under 27 CFR part 25, except sake or similar products.”.
SB268-SA2,3,18 185. Page 13, line 13: before that line insert:
SB268-SA2,3,19 19 Section 21c. 125.02 (6d) of the statutes is created to read:
SB268-SA2,3,2420 125.02 (6d) “Fulfillment house" means any entity, whether located in this state
21or elsewhere, that handles logistics, including warehousing, packaging, order
22fulfillment, or shipping services, on behalf of a person holding a direct wine shipper's
23permit under s. 125.535 for wine that is eligible to be shipped to individuals in this
24state.
SB268-SA2,21d
1Section 21d. 125.02 (6g) of the statutes is created to read:
SB268-SA2,4,52 125.02 (6g) “Full-service retail sales" means retail sales of fermented malt
3beverages or intoxicating liquor, for on-premises or off-premises consumption, or
4the provision of taste samples of fermented malt beverages or intoxicating liquor, or
5any combination of these activities.
SB268-SA2,21e 6Section 21e. 125.02 (12) of the statutes is amended to read:
SB268-SA2,4,97 125.02 (12) “Peace officer" means a sheriff, undersheriff, deputy sheriff, police
8officer, constable, marshal, deputy marshal or any employee of the department
9division or of the department of justice authorized to act under this chapter.
SB268-SA2,21f 10Section 21f. 125.02 (13) of the statutes is amended to read:
SB268-SA2,4,1211 125.02 (13) Except as provided in ss. 125.27 (6) and 125.51 (5) (g), “permit”
12means any permit issued by the department division under this chapter.
SB268-SA2,21g 13Section 21g. 125.02 (14m) of the statutes is amended to read:
SB268-SA2,4,1514 125.02 (14m) “Premises" means the area described in a license or permit,
15excluding a permit issued under s. 125.175
.
SB268-SA2,21h 16Section 21h. 125.02 (14m) of the statutes, as affected by 2023 Wisconsin Act
17.... (this act), is amended to read:
SB268-SA2,4,1918 125.02 (14m) “Premises" means the area described in a license or permit,
19excluding a permit issued under s. 125.175 or 125.24.
SB268-SA2,21i 20Section 21i. 125.02 (16) of the statutes is renumbered 125.02 (16) (am).
SB268-SA2,21j 21Section 21j. 125.02 (16) (bm) of the statutes is created to read:
SB268-SA2,4,2422 125.02 (16) (bm) “Rectifier” does not include a “Class B” licensee that prepares,
23stores, or dispenses mixed drinks in advance of sale in compliance with s. 125.51 (3)
24(bg).
SB268-SA2,21k 25Section 21k. 125.02 (23) of the statutes is amended to read:
SB268-SA2,5,3
1125.02 (23) “Wine collector" means an individual who meets the standards
2established by the department division by rule and who is registered with the
3department division as a collector of wine.
SB268-SA2,21L 4Section 21L. 125.025 of the statutes is created to read:
SB268-SA2,5,12 5125.025 Powers and duties of division. (1) Administration; personnel.
6(a) The division, under the direction and supervision of the administrator, shall
7administer this chapter and have jurisdiction over alcohol beverages regulation,
8enforcement, and education in this state. The division is responsible for
9administering regulatory programs; promoting regulatory transparency; promoting
10statutory changes to create clarity, consistency, and simplicity in alcohol beverage
11regulatory requirements; and ensuring active, consistent enforcement of alcohol
12beverage laws.
SB268-SA2,5,1713 (b) The administrator may appoint, in the classified service, special agents and
14other employees necessary to carry out the permitting, audit, legal, education, and
15enforcement functions of the division. The division shall employ no fewer than 10
16alcohol beverage field agents to perform enforcement activities under the direction
17of the director of the bureau created under s. 15.433 (2) (b) dedicated to enforcement.
SB268-SA2,5,2018 (c) The administrator and any employee of the division may not be employed
19by or have a substantial financial interest in the alcohol beverages industry or any
20business subject to the division's jurisdiction.
SB268-SA2,5,23 21(2) Police powers. The division shall enforce, and the duly authorized
22employees of the division shall have all necessary police powers to prevent violations
23of, this chapter.
SB268-SA2,6,9 24(3) Inspection for enforcement. Duly authorized employees of the
25department of justice and the division and any sheriff, police officer, marshal, or

1constable, within their respective jurisdictions, may, during normal business hours,
2enter any licensed premises, and examine the books, papers, and records of any
3brewer, brewpub, manufacturer, rectifier, wholesaler, or retailer and may inspect
4and examine, according to law, any premises where fermented malt beverages or
5intoxicating liquors are manufactured, sold, exposed for sale, possessed, or stored,
6for the purpose of inspecting the same and determining whether this chapter is being
7complied with. Any refusal to permit such examination of such premises is sufficient
8grounds under s. 125.12 for revocation or suspension of any license or permit issued
9under this chapter and is punishable under s. 125.11 (3).
SB268-SA2,6,12 10(4) List of permittees. The division shall provide the department with all
11information necessary for the department to publish the information specified in s.
12139.11 (4) (a) 2. and (b) 2.
SB268-SA2,21m 13Section 21m. 125.025 (3) of the statutes, as created by 2023 Wisconsin Act ....
14(this act), is amended to read:
SB268-SA2,7,215 125.025 (3) Inspection for enforcement. Duly authorized employees of the
16department of justice and the division and any sheriff, police officer, marshal, or
17constable, within their respective jurisdictions, may, during normal business hours,
18enter any licensed premises, and examine the books, papers, and records of any
19brewer, brewpub, manufacturer, rectifier, wholesaler, or retailer, fulfillment house,
20or common carrier
and may inspect and examine, according to law, any premises
21where fermented malt beverages or intoxicating liquors are manufactured, sold,
22exposed for sale, possessed, or stored, for the purpose of inspecting the same and
23determining whether this chapter is being complied with. Any refusal to permit such
24examination of such premises is sufficient grounds under s. 125.12 for revocation or

1suspension of any license or permit issued under this chapter and is punishable
2under s. 125.11 (3).
SB268-SA2,21n 3Section 21n. 125.03 (title) of the statutes is amended to read:
SB268-SA2,7,4 4125.03 (title) Department Division rule making.
SB268-SA2,21o 5Section 21o. 125.03 (1) (a) of the statutes is amended to read:
SB268-SA2,7,86 125.03 (1) (a) The department, in furtherance of effective control, division may
7promulgate rules consistent with this chapter and ch. 139 to carry out the division's
8duties under this chapter
.
SB268-SA2,21p 9Section 21p. 125.03 (1) (b) of the statutes is amended to read:
SB268-SA2,7,1310 125.03 (1) (b) The department division shall promulgate rules providing for
11registration of wine collectors and establishing standards of eligibility for
12registration as a wine collector. The rules shall also specify the form and manner of
13notice required under s. 125.06 (11m).
SB268-SA2,21q 14Section 21q. 125.03 (2) of the statutes is amended to read:
SB268-SA2,7,2015 125.03 (2) Containers. The department division may by rule prescribe the
16standard size, form, or character of any container in which intoxicating liquor may
17be sold in this state except that the department division may not set the size of
18containers in which intoxicating liquor, except wine containing not more than 21
19percent of alcohol by volume, may be sold at a capacity greater than 1.75 liters
20(59.1752 fluid ounces).
SB268-SA2,21r 21Section 21r. 125.04 (3) (a) (intro.) of the statutes is amended to read:
SB268-SA2,7,2522 125.04 (3) (a) Contents. (intro.) The department division shall prepare an
23application form for each kind of license, other than a manager's or operator's license,
24and for each kind of permit issued under this chapter. Each form shall require all
25of the following information:
SB268-SA2,21rm
1Section 21rm. 125.04 (3) (a) (intro.) of the statutes, as affected by 2023
2Wisconsin Act .... (this act), is amended to read:
SB268-SA2,8,63 125.04 (3) (a) Contents. (intro.) The division shall prepare an application form
4for each kind of license, other than a manager's or operator's license, and for each
5kind of permit issued under this chapter. Each form, except an operator's permit
6form,
shall require all of the following information:
SB268-SA2,21s 7Section 21s. 125.04 (3) (a) 1. of the statutes is amended to read:
SB268-SA2,8,108 125.04 (3) (a) 1. A history of the applicant relevant to the applicant's fitness to
9hold a license or permit, including whether the applicant is a restricted investor
10requiring disclosure under s. 125.20 (6) (a) 5. and the basis of this status
.
SB268-SA2,21t 11Section 21t. 125.04 (3) (b) of the statutes is amended to read:
SB268-SA2,8,1412 125.04 (3) (b) Application for renewing. The department division may prepare
13a simplified application form for renewal of each kind of license or permit which
14requires only information pertinent to renewal.
SB268-SA2,21u 15Section 21u. 125.04 (3) (bm) (intro.) of the statutes is amended to read:
SB268-SA2,8,1816 125.04 (3) (bm) Signature on, and notarization of, forms. (intro.) The
17application forms prepared by the department division for a license or permit under
18this chapter may not require any of the following:
SB268-SA2,21v 19Section 21v. 125.04 (3) (c) of the statutes is amended to read:
SB268-SA2,8,2120 125.04 (3) (c) Distribution. The department division shall make one copy of
21each kind of license application that it prepares available to each municipality.
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