AB304,153545Section 153. 125.295 (2) (c) of the statutes is amended to read: AB304,,546546125.295 (2) (c) If an applicant under par. (a) holds any license or permit prohibited under par. (a) 6. at the time of its application, the applicant may certify that the applicant will surrender any such license or permit upon issuance of a permit under this section. If the department division issues a permit under this section and the applicant fails to surrender any license or permit prohibited under par. (a) 6., the department division may revoke under s. 125.12 (5) the permit issued under this section. An applicant is not required to surrender any Class “B” license issued under s. 125.31 (1) (a) 2., 2009 stats., or under s. 125.31 (1) (a) 3., 2005 stats., if the applicant’s continued possession of the license is consistent with subs. (1) (h), (2) (a) 4., and (3) (b) and (c). AB304,154547Section 154. 125.295 (4) of the statutes is amended to read: AB304,,548548125.295 (4) The fee established by the department division for a brewpub permit shall not exceed the fee established by the department division for a permit under s. 125.29. AB304,155549Section 155. 125.295 (5) of the statutes is amended to read: AB304,,550550125.295 (5) The department division shall promulgate rules and prescribe forms to ensure strict compliance with the requirements under this section. AB304,156551Section 156. 125.30 (1) of the statutes is amended to read: AB304,,552552125.30 (1) The department division shall issue out-of-state shippers’ permits which, except as provided in sub. (4), authorize the permittee to ship fermented malt beverages only to holders of a wholesaler’s permit issued under s. 125.28. Except with respect to any shipment from a warehouse in an adjoining state by a wholesaler issued a wholesale permit under s. 125.28 (1) (b), no person may receive fermented malt beverages in this state which have been directly shipped from outside this state by any person other than the holder of a permit issued under this section. Subject to s. 125.34 (2), all shipments of fermented malt beverages to a wholesaler of fermented malt beverages in this state, whether shipped to the wholesaler from inside this state or from outside this state, shall be unloaded in, physically at rest in, and only then distributed from the wholesaler’s warehouse in this state. AB304,157553Section 157. 125.30 (2) of the statutes is amended to read: AB304,,554554125.30 (2) The application for an out-of-state shipper’s permit and the permit shall be on forms prescribed by the department division which shall contain provisions determined by the department division as necessary to effectuate the purposes of ss. 139.01 to 139.25 and shall include a provision that the permittee agrees to do all of the following: AB304,,555555(a) To comply Comply with s. 139.05 relating to filing a bond, filing returns, paying taxes, and record keeping;. AB304,,556556(b) To permit Permit inspections and examinations of the permittee’s premises and records by the department division and its duly authorized employees, as authorized under s. 139.08 (4); and 125.025 (3). AB304,,557557(c) To pay Pay the expenses reasonably attributable to such the inspections and examinations under par. (b) made within the United States. AB304,158558Section 158. 125.30 (2) (d) of the statutes is created to read: AB304,,559559125.30 (2) (d) Accept service of process and consent to jurisdiction in any proceeding in this state to enforce the provisions of this chapter or ch. 139. AB304,159560Section 159. 125.30 (3) of the statutes is renumbered 125.30 (3) (a) and amended to read: AB304,,561561125.30 (3) (a) Out-of-state shippers’ permits may be issued only to a person who holds a valid certificate issued under s. 73.03 (50), who is qualified under s. 125.04 (5), who does not maintain an office or street address in this state, and who is the primary source of supply for the brand of fermented malt beverages. An out-of-state shipper’s permit may not be issued to a person determined by the department division to be primarily engaged in wholesale or retail sales in another state. Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state shippers’ permits are not required to be residents of this state. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers’ permits are not required to appoint agents vested with authority over the premises as described in s. 125.04 (6) (a). AB304,160562Section 160. 125.30 (3) (b) of the statutes is created to read: AB304,,563563125.30 (3) (b) 1. A permittee under this section shall appoint and continually engage the services of an agent in this state to act as agent for the service of process on whom all processes, and any action or proceeding against the permittee concerning or arising out of the enforcement of any provision of this chapter or ch. 139, may be served in any manner authorized by law. That service shall constitute legal and valid service of process on the permittee. The permittee shall provide to the division, in the form and manner prescribed by the division, the name, address, phone number, and proof of the appointment and availability of the agent. AB304,,5645642. The permittee shall provide notice to the division 30 calendar days before termination of the authority of an agent under subd. 1. and shall provide proof to the satisfaction of the division of the appointment of a new agent no less than 5 calendar days before the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the permittee shall notify the division of that termination within 5 calendar days and shall include proof to the satisfaction of the division of the appointment of a new agent. AB304,,5655653. If a permittee fails to maintain an agent in this state after a permit is issued under this section, the permittee is considered to have appointed the department of financial institutions as the permittee’s agent, and the permittee may be proceeded against in courts of this state by service of process upon the department of financial institutions. AB304,161566Section 161. 125.30 (3) (c) of the statutes is created to read: AB304,,567567125.30 (3) (c) Subject to s. 125.20 (6), an out-of-state shipper’s permit may not be issued to any person who has an interest in a licensee or permittee holding any of the following: AB304,,5685681. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2). AB304,,5695692. 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,,5705703. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5). AB304,,5715714. A wholesaler’s permit issued under s. 125.28 or 125.54. AB304,162572Section 162. 125.30 (3) (c) 5. of the statutes is created to read: AB304,,573573125.30 (3) (c) 5. A no-sale event venue permit issued under s. 125.24.