AB304: Bill Text

Under current law, with various exceptions, a person who is under 21 years of age and not accompanied by his or her parent, guardian, or spouse of legal drinking age (unaccompanied underage person) may not enter or be on any premises for which a retail license is issued. Among the various exceptions, an unaccompanied underage person may enter or be on a licensed premises that is a bowling center, movie theater, painting studio, golf course, or any of the following if certain criteria are met: billiard center, indoor golf simulator facility, indoor golf and baseball facility, athletic field, indoor or outdoor volleyball court, or private fishing farm.

The bill creates an additional exception allowing an unaccompanied underage person to enter or be on a Class “B” or “Class B” licensed premises that is an axe throwing facility.

Preparation and storage of premixed cocktails by “Class B” retailers

Under current law, a “Class B” license authorizes the retail sale of intoxicating liquor for consumption on the licensed premises or, if sold in a tamper-evident container sealed by the licensee, for consumption off the licensed premises (commonly referred to as “cocktails-to-go”). (See the Background section above for further discussion of a “Class B” licensee’s authorization and limitations.) Current law prohibits any person from refilling an original container that had previously been used for intoxicating liquor containing 21 percent or more of alcohol by volume and from possessing a refilled original container on “Class B” licensed premises.

Under current law, DOR may, by rule, prescribe the standard size, form, or character of any container in which intoxicating liquor is sold, but DOR may not set the size of containers in which distilled spirits are sold at a capacity greater than 1.75 liters. DOR’s rules prohibit, with exceptions, a manufacturer, rectifier, wholesaler, or retailer from possessing distilled spirits in a container that is more than 1.75 liters in capacity.

Also under current law, a person may not operate as a rectifier without holding a rectifier’s permit issued by DOR. A “rectifier” includes a producer engaged in blending, mixing, or bottling intoxicating liquor.

The bill provides express authority for a “Class B” licensee to prepare, store, and dispense mixed drinks prior to their retail sale for on-premises consumption or as a cocktail-to-go. However, there are some limitations on this authority. Under the bill, a “Class B” licensee may, on the licensed premises, prepare, store, and dispense mixed drinks, prior to such a retail sale, if all of the following apply: 1) the mixed drink is provided to the consumer in a glass or other container not exceeding 72 ounces in volume; 2) the mixed drink has not been stored for more than 48 hours; 3) if the mixed drink is stored in or dispensed from a container exceeding 1.75 liters in volume (bulk container), the bulk container does not exceed 5 gallons in volume and is labeled in compliance with the requirements set forth below; 4) the licensee has complied with the current law requirement that intoxicating liquor may be purchased only from a wholesaler; 5) the licensee has complied with the current law prohibition against refilling liquor bottles or possessing refilled liquor bottles and has also not stored the mixed drink in or dispensed the mixed drink from a wine bottle; and 6) the licensee has complied with any other applicable state or federal food safety regulation and also with any federal alcohol regulation, which currently imposes limitations on premixing cocktails and on activities involving distilled spirits in containers exceeding one gallon. The bill creates an exception to the current law limitation on a retailer’s possession of distilled spirits in a container exceeding 1.75 liters and specifies that a “Class B” licensee that prepares, stores, or dispenses mixed drinks in compliance with the bill’s requirements is not a rectifier.

Under the bill, the division must prescribe the form of the label to be used by “Class B” licensees for bulk containers in which mixed drinks are stored or from which they are dispensed. This form must require the licensee to disclose on the label that the container holds a batch of premixed drinks and the date and time the batch was prepared; the “expiration date” of the batch (the date and time that is 48 hours after the batch was prepared); the words “contains alcohol”; the name of the person who prepared the batch; and the ingredients of the batch, unless the label contains a recipe title and the recipe, with a complete ingredient list, is maintained on the licensed premises and available for inspection.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

AB304,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB304,1 Section 1. 15.433 (2) of the statutes is created to read:

AB304,,6 15.433 (2) Division of alcohol beverages. (a) There is created a division of alcohol beverages attached to the department of revenue under s. 15.03. The administrator of the division shall be appointed outside the classified service. The administrator of the division shall be nominated by the secretary of revenue and with the advice and consent of the senate appointed, to serve at the pleasure of the secretary of revenue.

AB304,,7 (b) There is created within the division of alcohol beverages separate bureaus dedicated to enforcement, legal services, and education and community outreach, with each bureau headed by a director who reports to, and serves at the pleasure of, the division administrator.

AB304,2 Section 2. 19.42 (13) (q) of the statutes is created to read:

AB304,,9 19.42 (13) (q) The administrator and employees of the division of alcohol beverages.

AB304,3 Section 3. 20.923 (4) (c) 7. of the statutes is created to read:

AB304,,11 20.923 (4) (c) 7. Revenue, department of; division of alcohol beverages: administrator.

AB304,4 Section 4. 125.02 (1g) of the statutes is created to read:

AB304,,13 125.02 (1g) “Axe throwing facility” means an establishment that provides customers with a venue to engage in the activity of axe throwing and that either derives at least 51 percent of its revenue from fees associated with axe throwing or maintains at the venue at least 5 axe throwing lanes.

AB304,5 Section 5. 125.02 (5g) of the statutes is created to read:

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.