SB130,,8989125.51 (6) (a) Except as provided in pars. (b) and (c) and subs. (3) (bm), (bs), and (bx) and (5) (e) and except with respect to caterers, a retail license or permit issued under this section authorizes only face-to-face sales to consumers at the premises described in the retail license or permit.

SB130,,9191125.51 (6) (b) 1. In this paragraph:

SB130,,9292a. “Record” has the meaning given in s. 137.11 (12).

SB130,,9393b. “Remote delivery order” has the meaning given in s. 125.272 (2) (a) 2.

SB130,,94942. A retail licensee may process and fill a remote delivery order if all of the following apply:

SB130,,9595a. The licensee holds a retail license issued under sub. (2) or (3), and the intoxicating liquor is sold in original, unopened packages or containers or, if sold by a licensee under sub. (3), in containers sealed, before removal from the licensed premises, with a tamper-evident seal.

SB130,,9696b. The products ordered are delivered to the customer by the licensee, by a delivery service under common ownership with the licensee, or by a 3rd-party delivery service and the licensee, delivery service under common ownership with the licensee, or 3rd-party delivery service holds a permit issued under s. 125.20.

SB130,,9797c. Full payment for the order is made at the time the order is placed and no payment, other than a tip, is made at the time of delivery.

SB130,,9898d. At the time the order is placed, the customer asserts that the customer has attained the legal drinking age and is not intoxicated.

SB130,,9999e. At the time the products ordered are delivered, the individual delivering the order complies with subds. 3., 4., 5., and 6.

SB130,,1001003. An individual may not deliver alcohol beverages to a customer under this paragraph unless the individual making the delivery does all of the following at the time of delivery:

SB130,,101101a. Prior to transferring possession of the alcohol beverages to the customer, confirms the customer receiving delivery is the person who placed the order.

SB130,,102102b. Prior to transferring possession of the alcohol beverages to the customer, performs an in-person examination of the customer’s identification document containing proof of age and verifies by visual examination and by using electronic scanning technology that the customer receiving delivery of the order has attained the legal drinking age.

SB130,,103103c. Creates a record of the age verification under subd. 3. b.

SB130,,1041044. An individual may not deliver alcohol beverages under this paragraph to a person who is visibly intoxicated.

SB130,,1051055. An individual may not deliver alcohol beverages to a customer under this paragraph unless all of the following apply:

SB130,,106106a. The individual has attained the legal drinking age.

SB130,,107107b. The individual has successfully completed a responsible beverage server training course or comparable training course as described in s. 125.04 (5) (a) 5.

SB130,,1081086. An individual may not deliver intoxicating liquor to a customer under this paragraph unless the individual completes the delivery during the following hours:

SB130,,109109a. If the intoxicating liquor was sold by a “Class A” licensee, during hours in which the “Class A” licensee is authorized to sell intoxicating liquor under s. 125.68 (4) (b) or, if more restrictive, during hours established by ordinance by a municipality under s. 125.68 (4) (b).

SB130,,110110b. If the intoxicating liquor was sold by a “Class B” licensee, during hours in which the “Class B” licensee is authorized to sell intoxicating liquor under s. 125.68 (4) (c) 3. or, if more restrictive, during hours established by ordinance by a municipality under s. 125.68 (4) (c) 3., or, if applicable, during hours in which the “Class B” licensee is authorized to sell intoxicating liquor under s. 125.68 (4) (c) 3m.

SB130,,1111117. A 3rd-party delivery service or delivery service under common ownership with a licensee shall provide to the retail licensee on whose behalf the delivery is made an original or duplicate of each age verification record required under subd. 3. c.

SB130,,1121128. a. If a licensee processes and fills a remote delivery order under this paragraph, the sale of intoxicating liquor occurs at the time the customer pays for the intoxicating liquor, regardless of when the customer takes possession of the intoxicating liquor.

SB130,,113113b. Notwithstanding s. 125.69 (6), if a 3rd-party delivery service or delivery service under common ownership with a licensee is unable to complete delivery of intoxicating liquor to a customer under this paragraph, the 3rd-party delivery service or delivery service under common ownership with a licensee shall return the intoxicating liquor to the licensee from which the intoxicating liquor delivery originated and the licensee shall cancel the sale of the intoxicating liquor and may credit the customer’s account. Notwithstanding s. 125.69 (6), if a licensee is unable to complete delivery of intoxicating liquor to a customer under this paragraph, the licensee shall cancel the sale of the intoxicating liquor and may credit the customer’s account.

SB130,,1141149. a. Delivery of alcohol beverages under this paragraph to an underage person shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party delivery service or delivery service under common ownership with a licensee or s. 125.07 (1) (a) 2. if delivery is made by a licensee, as well as a violation for purposes of s. 125.07 (1) (b) 1., subject to the same defenses that apply or would apply to a licensee under s. 125.07 (6).

SB130,,115115b. Delivery of alcohol beverages under this paragraph to a visibly intoxicated person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a 3rd-party delivery service or delivery service under common ownership with a licensee or s. 125.07 (2) (a) 2. if delivery is made by a licensee.