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SB268-SA2,26hm 17Section 26hm. 125.545 (6) (a) 2m. of the statutes is created to read:
SB268-SA2,114,2518 125.545 (6) (a) 2m. Any manufacturer seeking to become a member of, or to
19maintain its membership in, a cooperative wholesaler may apply to the division for
20certification as a small manufacturer. If the manufacturer meets the definition of
21a small manufacturer under this section and submits any other information that the
22division determines is necessary to certify that the manufacturer is operating as a
23small manufacturer and is eligible for membership in a cooperative wholesaler, the
24division shall certify the manufacturer as a small manufacturer. This certification
25shall remain valid for one year.
SB268-SA2,26hn
1Section 26hn. 125.545 (6) (a) 3. of the statutes is amended to read:
SB268-SA2,115,42 125.545 (6) (a) 3. In certifying any winery under subd. 2., the department
3division shall classify the winery as either a Wisconsin winery or an out-of-state
4winery.
SB268-SA2,26ho 5Section 26ho. 125.545 (6) (a) 3m. of the statutes is created to read:
SB268-SA2,115,86 125.545 (6) (a) 3m. In certifying any manufacturer under subd. 2m., the
7division shall classify the manufacturer as either a Wisconsin manufacturer or an
8out-of-state manufacturer.
SB268-SA2,26hp 9Section 26hp. 125.545 (6) (a) 4. of the statutes is amended to read:
SB268-SA2,115,1310 125.545 (6) (a) 4. The department division shall refuse to certify under this
11paragraph any winery that cannot demonstrate it holds all necessary permits for its
12operations or that the department division finds is otherwise not in full compliance
13with the laws of this state.
SB268-SA2,26hq 14Section 26hq. 125.545 (6) (a) 4. of the statutes, as affected by 2023 Wisconsin
15Act .... (this act), is amended to read:
SB268-SA2,115,1916 125.545 (6) (a) 4. The division shall refuse to certify under this paragraph any
17winery or manufacturer that cannot demonstrate it holds all necessary permits for
18its operations or that the division finds is otherwise not in full compliance with the
19laws of this state.
SB268-SA2,26hr 20Section 26hr. 125.545 (6) (b) of the statutes is amended to read:
SB268-SA2,115,2221 125.545 (6) (b) The department division shall promulgate rules to administer
22and enforce the requirements under this section.
SB268-SA2,26hs 23Section 26hs. 125.545 (7) of the statutes is amended to read:
SB268-SA2,116,224 125.545 (7) Penalties. (a) Any winery that sells or distributes its wine directly
25to a retailer, rather than through a wholesaler or cooperative wholesaler, is subject

1to a fine of not more than $10,000 and revocation of all of its permits by the
2department division under s. 125.12 (5).
SB268-SA2,116,63 (b) Any cooperative wholesaler that provides preferential treatment to a
4Wisconsin winery or discriminates against an out-of-state winery is subject to a fine
5of not more than $10,000 and revocation of its wholesaler's permit by the department
6division under s. 125.12 (5).
SB268-SA2,26ht 7Section 26ht. 125.545 (7) of the statutes, as affected by 2023 Wisconsin Act
8.... (this act), is amended to read:
SB268-SA2,116,129 125.545 (7) Penalties. (a) Any winery or manufacturer that sells or distributes
10its wine intoxicating liquor directly to a retailer, rather than through a wholesaler
11or cooperative wholesaler, is subject to a fine of not more than $10,000 and revocation
12of all of its permits by the division under s. 125.12 (5).
SB268-SA2,116,1713 (b) Any cooperative wholesaler that provides preferential treatment to a
14Wisconsin winery or Wisconsin manufacturer or discriminates against an
15out-of-state winery or out-of-state manufacturer is subject to a fine of not more
16than $10,000 and revocation of its wholesaler's permit by the division under s. 125.12
17(5).
SB268-SA2,26hu 18Section 26hu. 125.55 (1) of the statutes is amended to read:
SB268-SA2,116,2019 125.55 (1) The department division may issue a combination manufacturer's
20and rectifier's permit.
SB268-SA2,26hv 21Section 26hv. 125.56 (2) (a) of the statutes is amended to read:
SB268-SA2,117,222 125.56 (2) (a) The department division shall issue sacramental wine permits
23to organized religious bodies authorizing them to purchase for their own use
24sacramental wine from any permittee under s. 125.52 (1), 125.53 or 125.54. A permit

1under this subsection does not authorize the resale of sacramental wine by the
2permittee.
SB268-SA2,26hw 3Section 26hw. 125.56 (2) (c) of the statutes is amended to read:
SB268-SA2,117,64 125.56 (2) (c) Shipments of sacramental wine shall be conspicuously labeled
5“for sacramental purposes" and shall meet any other requirements the department
6division prescribes by rule.
SB268-SA2,26hx 7Section 26hx. 125.56 (2) (d) of the statutes is amended to read:
SB268-SA2,117,98 125.56 (2) (d) A sacramental wine permit shall be issued free of charge by the
9department division and is not subject to s. 125.04 (11) (a).
SB268-SA2,26hy 10Section 26hy. 125.58 (1) of the statutes is amended to read:
SB268-SA2,118,311 125.58 (1) The department division shall issue out-of-state shippers' permits
12which authorize persons located outside this state to sell or ship intoxicating liquor
13into this state. Except as provided under sub. subs. (4) and (5), intoxicating liquor
14may be shipped into this state only to a person holding a wholesaler's permit under
15s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a
16permit under this section, to a person holding a manufacturer's or rectifier's permit
17under s. 125.52 or a winery permit under s. 125.53. Except as provided under sub.
18subs. (4) and (5), a separate out-of-state shipper's permit is required for each
19location from which any intoxicating liquor is sold or shipped into this state,
20including the location from which the invoices are issued for the sales or shipments.
21Any person holding an out-of-state shipper's permit issued under this section may
22solicit orders for sales or shipments by the permittee without obtaining the sales
23solicitation permit required by s. 125.65, but every agent, salesperson or other
24representative who solicits orders for sales or shipments by an out-of-state shipper
25shall first obtain a permit for soliciting orders under s. 125.65. No holder of an

1out-of-state shipper's permit issued under this section may sell intoxicating liquor
2in this state or ship intoxicating liquor into this state unless the out-of-state shipper
3is the primary source of supply for that intoxicating liquor.
SB268-SA2,26hz 4Section 26hz. 125.58 (2) of the statutes is renumbered 125.58 (2) (a).
SB268-SA2,26jb 5Section 26jb. 125.58 (2) (b) and (c) of the statutes are created to read:
SB268-SA2,118,166 125.58 (2) (b) 1. Unless the permittee or agent of the permittee appointed under
7s. 125.04 (6) is a resident of this state, or unless the permittee maintains a registered
8agent in this state under s. 180.0501, 180.1507, 183.0105, or 183.1007, a permittee
9under this section shall appoint and continually engage the services of an agent in
10this state to act as agent for the service of process on whom all processes, and any
11action or proceeding against the permittee concerning or arising out of the
12enforcement of any provision of this chapter or ch. 139, may be served in any manner
13authorized by law. That service shall constitute legal and valid service of process on
14the permittee. The permittee shall provide to the division, in the form and manner
15prescribed by the division, the name, address, phone number, and proof of the
16appointment and availability of the agent.
SB268-SA2,118,2317 2. The permittee shall provide notice to the division 30 calendar days before
18termination of the authority of an agent under subd. 1. and shall provide proof to the
19satisfaction of the division of the appointment of a new agent no less than 5 calendar
20days before the termination of an existing agent appointment. In the event an agent
21terminates an agency appointment, the permittee shall notify the division of that
22termination within 5 calendar days and shall include proof to the satisfaction of the
23division of the appointment of a new agent.
SB268-SA2,119,324 3. If a permittee fails to maintain an agent in this state after a permit is issued
25under this section, the permittee is considered to have appointed the department of

1financial institutions as the permittee's agent, and the permittee may be proceeded
2against in courts of this state by service of process upon the department of financial
3institutions.
SB268-SA2,119,54 (c) The application for a permit under this section shall include a provision that
5the permittee agrees to do all of the following:
SB268-SA2,119,76 1. File reports, provide records, and allow inspections and examinations to the
7extent provided in s. 125.025 and ch. 139.
SB268-SA2,119,98 2. Pay the expenses reasonably attributable to inspections and examinations
9made by the division at the premises of the permittee located outside this state.
SB268-SA2,119,1110 3. Accept service of process and consent to jurisdiction in any proceeding in this
11state to enforce the provisions of this chapter or ch. 139.
SB268-SA2,26jc 12Section 26jc. 125.58 (5) of the statutes is created to read:
SB268-SA2,119,1513 125.58 (5) A fulfillment house located outside this state that holds a permit
14under s. 125.23 may ship wine into this state as provided in s. 125.23 and is not
15required to hold an out-of-state shipper's permit under this section.
SB268-SA2,26jd 16Section 26jd. 125.60 (1) of the statutes is amended to read:
SB268-SA2,119,2117 125.60 (1) The department division may issue a wholesale alcohol permit
18which authorizes the permittee to sell ethyl alcohol of 190 proof or more to persons
19holding permits or licenses issued under s. 125.61 or 125.62. Nothing in this section
20requires manufacturers, rectifiers and wholesalers holding permits issued under s.
21125.52 (1) or 125.54 to obtain a wholesale alcohol permit.
SB268-SA2,26je 22Section 26je. 125.61 (1) of the statutes is amended to read:
SB268-SA2,120,223 125.61 (1) The department division may issue a medicinal alcohol permit
24which authorizes the permittee to purchase and use alcohol for medicinal purposes

1only. The permit may be issued only to persons who prove to the department division
2that they use alcohol for medicinal purposes.
SB268-SA2,26jf 3Section 26jf. 125.61 (3) of the statutes is amended to read:
SB268-SA2,120,64 125.61 (3) Shipments of medicinal alcohol shall be conspicuously labeled “for
5medicinal purposes" and shall meet other requirements which the department
6division prescribes by rule.
SB268-SA2,26jg 7Section 26jg. 125.61 (4) of the statutes is amended to read:
SB268-SA2,120,98 125.61 (4) A medicinal permit shall be issued free of charge by the department
9division and is not subject to s. 125.04 (11) (a).
SB268-SA2,26jh 10Section 26jh. 125.62 (1) of the statutes is amended to read:
SB268-SA2,120,1411 125.62 (1) The department division may issue an industrial alcohol permit
12which authorizes the permittee to purchase and use alcohol for industrial purposes
13only. Such permits may be issued only to persons who prove to the department
14division that they use alcohol for industrial purposes.
SB268-SA2,26ji 15Section 26ji. 125.62 (3) of the statutes is amended to read:
SB268-SA2,120,1816 125.62 (3) Shipments of industrial alcohol shall be conspicuously labeled “for
17industrial purposes" and shall meet other requirements which the department
18division prescribes by rule.
SB268-SA2,26jk 19Section 26jk. 125.63 (1) of the statutes is amended to read:
SB268-SA2,120,2320 125.63 (1) The department division may issue an industrial wine permit which
21authorizes the purchase and use of wine for industrial purposes only. An industrial
22wine permit may be issued only to persons who prove to the department division that
23they use wine for industrial purposes.
SB268-SA2,26jm 24Section 26jm. 125.63 (3) of the statutes is amended to read:
SB268-SA2,121,3
1125.63 (3) Shipments of industrial wine shall be conspicuously labeled “for
2industrial purposes" and shall meet other requirements which the department
3division prescribes by rule.
SB268-SA2,26jn 4Section 26jn. 125.65 (1) of the statutes is amended to read:
SB268-SA2,121,95 125.65 (1) The department division may issue a permit for wholesale sales for
6future delivery which authorizes the permittee to solicit orders, and to engage in the
7sale, of intoxicating liquor for delivery at a future date. A person holding a permit
8under this section may give a sample of a brand of intoxicating liquor to a “Class A"
9licensee who has not previously purchased that brand from the permittee.
SB268-SA2,26jo 10Section 26jo. 125.65 (4) (intro.) of the statutes is amended to read:
SB268-SA2,121,1211 125.65 (4) (intro.) The department division shall require the following
12information in applications for permits under this section:
SB268-SA2,26jp 13Section 26jp. 125.65 (4) (e) of the statutes is amended to read:
SB268-SA2,121,1414 125.65 (4) (e) Any other information required by the department division.
SB268-SA2,26jq 15Section 26jq. 125.65 (6) of the statutes is amended to read:
SB268-SA2,121,2016 125.65 (6) Employers shall furnish the department division with the names of
17all employees engaged in activities requiring a permit under this section and shall
18notify the department division whenever an employee begins or terminates
19employment. Upon leaving employment, an employee shall submit his or her permit
20to the department division for cancellation.
SB268-SA2,26jr 21Section 26jr. 125.65 (10) of the statutes is amended to read:
SB268-SA2,121,2422 125.65 (10) The department division may not require a fee for a permit under
23this section for an individual who is eligible for the veterans fee waiver program
24under s. 45.44.
SB268-SA2,26js 25Section 26js. 125.68 (2) of the statutes is amended to read:
SB268-SA2,123,2
1125.68 (2) Operators' licenses; “Class A," “Class B," “Class C," and other
2premises.
Except as provided under ss. 125.07 (3) (a) 10. and 125.51 (10), no premises
3operated under a “Class A" or “Class C" license or under a “Class B" license or permit
4may be open for business, and no person who holds a brewer's permit, manufacturer's
5or rectifier's permit, or winery permit may allow the sale or provision of taste samples
6of intoxicating liquor on the brewery premises, manufacturing or rectifying premises
7as provided in s. 125.52 (1) (b) 2., winery premises, or any retail outlet operated by
8the brewer, manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or
9125.53 (3),
unless there is upon the premises either the licensee or permittee, the
10agent named in the license or permit if the licensee or permittee is a corporation or
11limited liability company, or some person who has an operator's license and who is
12responsible for the acts of all persons selling or serving any intoxicating liquor to
13customers. An operator's license issued in respect to a vessel under s. 125.51 (5) (c)
14is valid outside the municipality that issues it. For the purpose of this subsection,
15any person holding a manager's license issued under s. 125.18 or any member of the
16licensee's or permittee's immediate family who has attained the age of 18 shall be
17considered the holder of an operator's license. No person, including a member of the
18licensee's or permittee's immediate family,
other than the licensee, permittee, or
19agent may serve or sell alcohol beverages in any place operated under a “Class A" or
20“Class C" license or under a “Class B" license or permit , or serve or sell intoxicating
21liquor on brewery premises, manufacturing or rectifying premises, winery premises,
22or any retail outlet operated by a brewer, manufacturer, rectifier, or winery under s.
23125.29 (7), 125.52 (4), or 125.53 (3),
unless he or she has an operator's license, is
24considered to have an operator's license under this subsection,
or is at least 18 years
25of age and is under the immediate supervision of the licensee, permittee , or agent or

1a person holding an operator's license, who is on the premises at the time of the
2service.
SB268-SA2,26jt 3Section 26jt. 125.68 (2) of the statutes, as affected by 2023 Wisconsin Act ....
4(this act), is amended to read:
SB268-SA2,124,55 125.68 (2) Operators' licenses and permits; “Class A," “Class B," “Class C," and
6other premises.
Except as provided under ss. 125.07 (3) (a) 10. and 125.51 (10), no
7premises operated under a “Class A" or “Class C" license or under a “Class B" license
8or permit may be open for business, and no person who holds a brewer's permit,
9manufacturer's or rectifier's permit, or winery permit may allow the sale or provision
10of taste samples of intoxicating liquor on the brewery premises, manufacturing or
11rectifying premises, winery premises, or any retail outlet operated by the brewer,
12manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless
13there is upon the premises either the licensee or permittee, the agent named in the
14license or permit if the licensee or permittee is a corporation or limited liability
15company, or some person who has an operator's license or operator's permit and who
16is responsible for the acts of all persons selling or serving any intoxicating liquor to
17customers. An operator's license issued in respect to a vessel under s. 125.51 (5) (c)
18is valid outside the municipality that issues it. For the purpose of this subsection,
19any person holding a manager's license issued under s. 125.18 or any member of the
20licensee's or permittee's immediate family who has attained the age of 18 shall be
21considered the holder of an operator's license. No person other than the licensee,
22permittee, or agent may serve or sell alcohol beverages in any place operated under
23a “Class A" or “Class C" license or under a “Class B" license or permit, or serve or sell
24intoxicating liquor on brewery premises, manufacturing or rectifying premises,
25winery premises, or any retail outlet operated by a brewer, manufacturer, rectifier,

1or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless he or she has an
2operator's license or operator's permit, is considered to have an operator's license
3under this subsection, or is at least 18 years of age and is under the immediate
4supervision of the licensee, permittee, or agent or a person holding an operator's
5license or operator's permit, who is on the premises at the time of the service.
SB268-SA2,26ju 6Section 26ju. 125.68 (4) (c) 1. of the statutes is amended to read:
SB268-SA2,124,157 125.68 (4) (c) 1. Subject to subds. 3. and 6. and s. 125.51 (3r) (a) 3., no premises
8for which a “Class B" license or permit or a “Class C" license has been issued may
9remain open between the hours of 2 a.m. and 6 a.m., except as otherwise provided
10in this subdivision and subd. 4. On January 1 premises operating under a “Class B"
11license or permit are not required to close. On Saturday and Sunday, no premises
12may remain open between 2:30 a.m. and 6 a.m. except that, on the Sunday that
13daylight saving time begins as specified in s. 175.095 (2), no premises may remain
14open between 3:30 a.m. and 6 a.m. This subdivision does not apply to a “Class B"
15license issued to a winery under s. 125.51 (3) (am).
SB268-SA2,26jv 16Section 26jv. 125.68 (4) (c) 3. of the statutes is amended to read:
SB268-SA2,124,2417 125.68 (4) (c) 3. Between 12 midnight and 6 a.m. no person may sell
18intoxicating liquor on “Class B" licensed premises in an original unopened package,
19container or bottle or for consumption away from the premises or on “Class C"
20licensed premises as authorized under s. 125.51 (3r) (a). A municipal governing body
21may, by ordinance, impose more restrictive hours than are provided in this
22subdivision except with respect to the sale of intoxicating liquor authorized under s.
23125.51 (3r) (a). This subdivision does not apply to a “Class B" license issued to a
24winery under s. 125.51 (3) (am).
SB268-SA2,26jw 25Section 26jw. 125.68 (4) (c) 3m. of the statutes is repealed.
SB268-SA2,26x
1Section 26x. 125.68 (9) (f) of the statutes is amended to read:
SB268-SA2,125,82 125.68 (9) (f) Every person manufacturing, rectifying or blending intoxicating
3liquor sold in this state shall provide the department division with the names,
4brands, descriptions, alcoholic content by volume and any other information about
5the intoxicating liquor required by the department division. Information required
6by this paragraph shall be submitted prior to placing any new blend on the market.
7The department division may also require by rule that samples of new products be
8submitted for examination and analysis.
SB268-SA2,26jy 9Section 26jy. 125.68 (10) (a) and (b) of the statutes are amended to read:
SB268-SA2,125,1510 125.68 (10) (a) Except as provided in s. ss. 125.23 and 125.535, no intoxicating
11liquor may be shipped into this state unless consigned to a person holding a
12wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or rectifier
13in another state holding a permit under s. 125.58, consigned to a person holding a
14manufacturer's or rectifier's permit under s. 125.52 or a winery permit under s.
15125.53.
SB268-SA2,125,2216 (b) Except as provided in s. ss. 125.23 and 125.535, no common carrier or other
17person may transport into and deliver within this state any intoxicating liquor
18unless it is consigned to a person holding a wholesaler's permit under s. 125.54 or,
19if shipped from a manufacturer or rectifier in another state holding a permit under
20s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit under
21s. 125.52 or a winery permit under s. 125.53. Any common carrier violating this
22paragraph shall forfeit $100 for each violation.
SB268-SA2,26kc 23Section 26kc. 125.69 (1) of the statutes is repealed and recreated to read:
SB268-SA2,126,3
1125.69 (1) Interest restrictions. (a) Subject to s. 125.20 (6), a manufacturer's
2or rectifier's permit under s. 125.52 may not be issued to any person who holds, or
3has an interest in a licensee or permittee holding, any of the following:
SB268-SA2,126,54 1. A Class “A" license issued under s. 125.25 or “Class A” license issued under
5s. 125.51 (2).
SB268-SA2,126,76 2. A Class “B" license issued under s. 125.26, “Class B” license issued under s.
7125.51 (3), or “Class C” license issued under s. 125.51 (3m).
SB268-SA2,126,98 3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under
9s. 125.51 (5).
SB268-SA2,126,1010 4. A wholesaler's permit issued under s. 125.28 or 125.54.
SB268-SA2,126,1311 (b) Subject to s. 125.20 (6), a winery permit under s. 125.53 may not be issued
12to any person who holds, or has an interest in a licensee or permittee holding, any
13of the following:
SB268-SA2,126,1514 1. A Class “A" license issued under s. 125.25 or “Class A” license issued under
15s. 125.51 (2).
SB268-SA2,126,1716 2. A Class “B" license issued under s. 125.26, “Class B” license issued under s.
17125.51 (3), or “Class C” license issued under s. 125.51 (3m).
SB268-SA2,126,1918 3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under
19s. 125.51 (5).
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