AB304,,429429125.28 (1) (b) If a wholesaler does not maintain any warehouse in this state but is licensed and maintains a warehouse in an adjoining state that allows wholesalers holding a wholesaler’s permit in this state to deliver fermented malt beverages to retailers in the adjoining state without warehousing in that state and that further requires that all fermented malt beverages be first unloaded and physically at rest at, and distributed from, the warehouse of the licensed wholesaler in that state, the wholesaler’s permit shall be issued by the department division. Notwithstanding s. 125.04 (5) (a) 2. and (c) and (6), the department division may issue the wholesaler’s permit to a wholesaler described in this paragraph who is a natural person and not a resident of this state or that is a corporation or limited liability company and has not appointed an agent in this state.

AB304,,431431125.28 (2) (b) (intro.) A Subject to s. 125.20 (6), a wholesaler’s permit may not be issued to any of the following:

AB304,,433433125.28 (2) (b) 1. a. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).

AB304,,435435125.28 (2) (b) 1. b. A Class “B” license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).

AB304,,437437125.28 (2) (b) 1. c. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

AB304,,439439125.28 (2) (b) 1. g. A winery permit issued under s. 125.53.

AB304,,440440h. A manufacturer’s or rectifier’s permit issued under s. 125.52.

AB304,,441441i. An out-of-state shipper’s permit issued under s. 125.30 or 125.58.

AB304,,443443125.28 (2) (b) 1. j. A no-sale event venue permit issued under s. 125.24.

AB304,,445445125.28 (2) (b) 2. Except as provided in s. 125.33 (2m) Subject to s. 125.20 (6), a person who has a direct or indirect ownership an interest in a premises operating under person holding one or more of the licenses or permits listed in subd. 1. a. to f.

AB304,,448448125.28 (4) The amount of the permit fee shall be established by the department division and shall be an amount that is sufficient to fund one special agent position dedicated to alcohol and tobacco enforcement at in the department division, but the permit fee may not exceed $2,500 per year or fractional part thereof. All permit fees received under this subsection shall be credited to the appropriation account under s. 20.566 (1) (hd).

AB304,,450450125.28 (5) (b) A wholesaler under this section shall annually sell and deliver fermented malt beverages to at least 25 retail licensees or other wholesalers that do not have any direct or indirect an interest in each other or in the wholesaler. The department division may not issue a permit under this section unless the applicant represents to the department division an intention to satisfy this requirement, and may not renew a permit issued under this section unless the wholesaler demonstrates that this requirement has been satisfied.

AB304,,452452125.28 (5) (d) 3. This paragraph shall not affect the authority of any municipality or the department division to revoke, suspend, or refuse to renew or issue a license or permit under s. 125.12.

AB304,,454454125.28 (5) (e) The department division shall promulgate rules to administer and enforce the requirements under this subsection. The rules shall ensure coordination between the department’s division’s issuance and renewal of permits under this section and its enforcement of the requirements of this subsection, and shall require that all applications for issuance or renewal of permits under this section be processed by department division personnel generally familiar with activities of fermented malt beverages wholesalers. The department division shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under this section and for periodic site inspections by the department division of such warehouse facilities.

AB304,,456456125.29 (1) Permit. No person may operate as a brewer unless that person obtains a permit from the department division. A permit under this section may only be issued to a person who holds a valid certificate issued under s. 73.03 (50).