AB304: Bill Text

AB304,,15 125.02 (5g) “Division” means the division of alcohol beverages in the department.

AB304,6 Section 6. 125.02 (6) of the statutes is renumbered 125.02 (6) (intro.) and amended to read:

AB304,,17 125.02 (6) (intro.) “Fermented malt beverages” means any of the following:

AB304,,18 (a) Any beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar containing 0.5 percent or more of alcohol by volume.

AB304,7 Section 7. 125.02 (6) (b) of the statutes is created to read:

AB304,,20 125.02 (6) (b) Any beverage recognized by the federal department of the treasury as beer under 27 CFR part 25, except sake or similar products.

AB304,8 Section 8. 125.02 (6d) of the statutes is created to read:

AB304,,22 125.02 (6d) “Fulfillment house” means any entity, whether located in this state or elsewhere, that handles logistics, including warehousing, packaging, order fulfillment, or shipping services, on behalf of a person holding a direct wine shipper’s permit under s. 125.535 for wine that is eligible to be shipped to individuals in this state.

AB304,9 Section 9. 125.02 (6g) of the statutes is created to read:

AB304,,24 125.02 (6g) “Full-service retail sales” means retail sales of fermented malt beverages or intoxicating liquor, for on-premises or off-premises consumption, or the provision of taste samples of fermented malt beverages or intoxicating liquor, or any combination of these activities.

AB304,10 Section 10. 125.02 (12) of the statutes is amended to read:

AB304,,26 125.02 (12) “Peace officer” means a sheriff, undersheriff, deputy sheriff, police officer, constable, marshal, deputy marshal or any employee of the department division or of the department of justice authorized to act under this chapter.

AB304,11 Section 11. 125.02 (13) of the statutes is amended to read:

AB304,,28 125.02 (13) Except as provided in ss. 125.27 (6) and 125.51 (5) (g), “permit” means any permit issued by the department division under this chapter.

AB304,12 Section 12. 125.02 (14m) of the statutes is amended to read:

AB304,,30 125.02 (14m) “Premises” means the area described in a license or permit, excluding a permit issued under s. 125.175.

AB304,13 Section 13. 125.02 (14m) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB304,,32 125.02 (14m) “Premises” means the area described in a license or permit, excluding a permit issued under s. 125.175 or 125.24.

AB304,14 Section 14. 125.02 (16) of the statutes is renumbered 125.02 (16) (am).

AB304,15 Section 15. 125.02 (16) (bm) of the statutes is created to read:

AB304,,35 125.02 (16) (bm) “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).

AB304,16 Section 16. 125.02 (23) of the statutes is amended to read:

AB304,,37 125.02 (23) “Wine collector” means an individual who meets the standards established by the department division by rule and who is registered with the department division as a collector of wine.

AB304,17 Section 17. 125.025 of the statutes is created to read:

AB304,,39 125.025 Powers and duties of division. (1) Administration; personnel. (a) The division, under the direction and supervision of the administrator, shall administer this chapter and have jurisdiction over alcohol beverages regulation, enforcement, and education in this state. The division is responsible for administering regulatory programs; promoting regulatory transparency; promoting statutory changes to create clarity, consistency, and simplicity in alcohol beverage regulatory requirements; and ensuring active, consistent enforcement of alcohol beverage laws.

AB304,,40 (b) The administrator may appoint, in the classified service, special agents and other employees necessary to carry out the permitting, audit, legal, education, and enforcement functions of the division. The division shall employ no fewer than 10 alcohol beverage field agents to perform enforcement activities under the direction of the director of the bureau created under s. 15.433 (2) (b) dedicated to enforcement.

AB304,,41 (c) The administrator and any employee of the division may not be employed by or have a financial interest in the alcohol beverages industry or any business subject to the division’s jurisdiction.

AB304,,42 (2) Police powers. The division shall enforce, and the duly authorized employees of the division shall have all necessary police powers to prevent violations of, this chapter.

AB304,,43 (3) Inspection for enforcement. Duly authorized employees of the department of justice and the division and any sheriff, police officer, marshal, or constable, within their respective jurisdictions, may, during normal business hours, enter any licensed premises, and examine the books, papers, and records of any brewer, brewpub, manufacturer, rectifier, wholesaler, retailer, fulfillment house, or common carrier 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 this chapter is 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 issued under this chapter and is punishable under s. 125.11 (3).

AB304,,44 (4) List of permittees. The division shall provide the department with all information necessary for the department to publish the information specified in s. 139.11 (4) (a) 2. and (b) 2.

AB304,18 Section 18. 125.03 (title) of the statutes is amended to read:

AB304,,46 125.03 (title) Department Division rule making.

AB304,19 Section 19. 125.03 (1) (a) of the statutes is amended to read:

AB304,,48 125.03 (1) (a) The department, in furtherance of effective control, division may promulgate rules consistent with this chapter and ch. 139 to carry out the division’s duties under this chapter.

AB304,20 Section 20. 125.03 (1) (b) of the statutes is amended to read:

AB304,,50 125.03 (1) (b) The department division shall promulgate rules providing for registration of wine collectors and establishing standards of eligibility for registration as a wine collector. The rules shall also specify the form and manner of notice required under s. 125.06 (11m).

AB304,21 Section 21. 125.03 (2) of the statutes is amended to read:

AB304,,52 125.03 (2) Containers. The department division may by rule prescribe the standard size, form, or character of any container in which intoxicating liquor may be sold in this state except that the department division may not set the size of containers in which intoxicating liquor, except wine containing not more than 21 percent of alcohol by volume, may be sold at a capacity greater than 1.75 liters (59.1752 fluid ounces).

AB304,22 Section 22. 125.04 (3) (a) (intro.) of the statutes is amended to read:

AB304,,54 125.04 (3) (a) Contents. (intro.) The department division shall prepare an application form for each kind of license, other than a manager’s or operator’s license, and for each kind of permit issued under this chapter. Each form, except an operator’s permit form, shall require all of the following information:

AB304,23 Section 23. 125.04 (3) (a) 1. of the statutes is amended to read:

AB304,,56 125.04 (3) (a) 1. A history of the applicant relevant to the applicant’s fitness to hold a license or permit, including whether the applicant is a restricted investor requiring disclosure under s. 125.20 (6) (a) 5. and the basis of this status.

AB304,24 Section 24. 125.04 (3) (b) of the statutes is amended to read:

AB304,,58 125.04 (3) (b) Application for renewing. The department division may prepare a simplified application form for renewal of each kind of license or permit which requires only information pertinent to renewal.

AB304,25 Section 25. 125.04 (3) (bm) (intro.) of the statutes is amended to read:

AB304,,60 125.04 (3) (bm) Signature on, and notarization of, forms. (intro.) The application forms prepared by the department division for a license or permit under this chapter may not require any of the following:

AB304,26 Section 26. 125.04 (3) (c) of the statutes is amended to read:

AB304,,62 125.04 (3) (c) Distribution. The department division shall make one copy of each kind of license application that it prepares available to each municipality.

AB304,27 Section 27. 125.04 (3) (d) 1. of the statutes is amended to read:

AB304,,64 125.04 (3) (d) 1. An application form prepared by the department division shall be used by each applicant for a permit.

AB304,28 Section 28. 125.04 (3) (d) 2. of the statutes is amended to read:

AB304,,66 125.04 (3) (d) 2. A replica of an application form prepared by the department division shall be used by each applicant for a license, other than a manager’s or operator’s license.

AB304,29 Section 29. 125.04 (3) (e) 2. of the statutes is amended to read:

AB304,,68 125.04 (3) (e) 2. The applicant shall file the application for a permit with the department division.

AB304,30 Section 30. 125.04 (3) (h) of the statutes is amended to read:

AB304,,70 125.04 (3) (h) Subsequent changes. Within 10 days of any change in any fact set out in an application for a license or permit to sell alcohol beverages, the licensee or permittee shall file with the issuing authority a written description of the changed fact, including any change in restricted investors under s. 125.20 (6) (a) 5.

AB304,31 Section 31. 125.04 (3) (j) of the statutes is amended to read:

AB304,,72 125.04 (3) (j) Penalty for materially false application information, affidavit representation. Any person who knowingly provides materially false information in an application for a license or permit under this chapter or on a form under par. (k), and any person who materially violates any representation made in an affidavit under s. 125.20 (6) (a) 6. or (c) 4., may be required to forfeit not more than $1,000.

AB304,32 Section 32. 125.04 (3) (k) of the statutes is created to read:

AB304,,74 125.04 (3) (k) Approval of full-service retail outlets. The division shall prepare a form for use by a brewer, winery, manufacturer, or rectifier to request approval for a full-service retail outlet under s. 125.29 (7) (d) 1., 125.52 (4) (d) 1., or 125.53 (3) (d) 1. The form shall be similar to the form for a retail license application under par. (a). An applicant shall use the form to submit a request for approval of a full-service retail outlet under s. 125.29 (7) (d) 1., 125.52 (4) (d) 1., or 125.53 (3) (d) 1.

AB304,33 Section 33. 125.04 (4) of the statutes is amended to read:

AB304,,76 125.04 (4) List of licensees. By July 15 annually, the clerk of a municipality issuing licenses shall mail to the department division a list containing the name, address, and trade name of each person holding a license issued by that municipality, other than a manager’s or operator’s license or a license issued under s. 125.26 (6), the type of license held and, if the person holding the license is a corporation or limited liability company, the name of the agent appointed under sub. (6).

AB304,34 Section 34. 125.04 (5) (a) 5. of the statutes is amended to read:

AB304,,78 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department division or the department of safety and professional services. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class “A”, “Class A” or “Class C” license or a Class “B” or “Class B” license or permit or a manager’s or operator’s license, or an operator’s permit.

AB304,35 Section 35. 125.04 (5) (d) 1. of the statutes is amended to read:

AB304,,80 125.04 (5) (d) 1. Paragraph (a) 2. does not apply to applicants for operators’ licenses issued under s. 125.17, to applicants for operators’ permits issued under s. 125.175, or to applicants for managers’ licenses issued under s. 125.18. Managers’ licenses may be issued only to applicants who are residents of this state at the time of issuance.

AB304,36 Section 36. 125.04 (5) (d) 2. of the statutes is amended to read:

AB304,,82 125.04 (5) (d) 2. Paragraph (a) 3. does not apply to applicants for operators’ licenses under s. 125.17 or to applicants for operators’ permits under s. 125.175. Operators’ licenses and operators’ permits may be issued only to applicants who have attained the age of 18.

AB304,37 Section 37. 125.04 (5) (d) 3. a. of the statutes is amended to read:

AB304,,84 125.04 (5) (d) 3. a. Applicants for operators’ licenses under s. 125.17 and for operators’ permits under s. 125.175.

AB304,38 Section 38. 125.04 (6) (g) of the statutes is amended to read:

AB304,,86 125.04 (6) (g) Forms. If the department division or any municipality prepares a form relating to the appointment of an agent under this subsection, including any cancellation of an appointment or appointment of a successor agent, the form may not require the signature of more than one person signing on behalf of the corporation or limited liability company submitting the form.

AB304,39 Section 39. 125.04 (8) (title) of the statutes is amended to read:

AB304,,88 125.04 (8) (title) Payment of license fee; permit fees.

AB304,40 Section 40. 125.04 (8) of the statutes is renumbered 125.04 (8) (a).

AB304,41 Section 41. 125.04 (8) (b) of the statutes is created to read:

AB304,,91 125.04 (8) (b) Unless the department established a different permit fee before the effective date of this paragraph .... [LRB inserts date], and except as provided in ss. 125.175 (3), 125.22 (1) (e), 125.23 (1) (c), 125.27 (5) (f), 125.28 (4), 125.295 (4), 125.51 (5) (f) 5., 125.535 (2), and 125.65 (10), the division shall charge an annual fee of $500 for each permit issued by the division under this chapter.

AB304,42 Section 42. 125.04 (8) (b) of the statutes, as created by 2023 Wisconsin Act .... (this act), is amended to read:

AB304,,93 125.04 (8) (b) Unless the department established a different permit fee before the effective date of this paragraph .... [LRB inserts date], and except as provided in ss. 125.175 (3), 125.22 (1) (e), 125.23 (1) (c), 125.24 (1) (e), 125.27 (5) (f), 125.28 (4), 125.295 (4), 125.51 (5) (f) 5., 125.535 (2), and 125.65 (10), the division shall charge an annual fee of $500 for each permit issued by the division under this chapter.

AB304,43 Section 43. 125.04 (12) (a) of the statutes is amended to read:

AB304,,95 125.04 (12) (a) From place to place. Every alcohol beverage license or permit may be transferred to another place or premises within the same municipality. An alcohol beverage warehouse permit under s. 125.19, a winery permit under s. 125.53, or an intoxicating liquor a wholesaler’s permit under s. 125.28 or 125.54 may be transferred to another premises within this state. Transfers shall be made by the issuing authority upon payment of a fee of $10 to the issuing authority. No retail licensee, retail permittee, intoxicating liquor wholesaler permittee, or holder of a warehouse or winery permit is entitled to more than one transfer during the license or permit year. This paragraph does not apply to a license issued under s. 125.51 (4) (v) or to a reserve “Class B” license, as defined in s. 125.51 (4) (a).

AB304,44 Section 44. 125.045 (title) of the statutes is amended to read:

AB304,,97 125.045 (title) Booklet for licensees and permittees; safe ride program information.

AB304,45 Section 45. 125.045 (1) of the statutes is amended to read:

AB304,,99 125.045 (1) The department division shall prepare a booklet explaining the state statutes and rules relating to the retail sale of alcohol beverages, written concisely in language which is clearly understood by those required to utilize it.

AB304,46 Section 46. 125.045 (2) of the statutes is renumbered 125.045 (2) (a) and amended to read:

AB304,,101 125.045 (2) (a) The department division shall provide a copy of the booklet under sub. (1) free of charge to each person issued a permit, including a renewal, under s. 125.175, 125.27, or 125.51 (5). The department division shall provide the booklet for a charge not to exceed cost, as provided under s. 20.908, to municipalities.

AB304,47 Section 47. 125.045 (2) (b) of the statutes is created to read:

AB304,,103 125.045 (2) (b) The division shall provide to each person initially issued a permit under s. 125.27 or 125.51 (5) information regarding the safe ride program described in s. 85.55.