AB304,165578Section 165. 125.32 (2) of the statutes is amended to read: AB304,,579579125.32 (2) Operators licenses and permits; Class “A,” or Class “B,” and other premises. Except as provided under sub. (3) (b) and ss. 125.07 (3) (a) 10. and 125.26 (6), no premises operated under a Class “A” or Class “B” license or permit may be open for business, and no person who holds a brewer’s permit, manufacturer’s or rectifier’s permit, or winery permit may allow the sale or provision of taste samples of fermented malt beverages on the brewery premises, manufacturing or rectifying premises, winery premises, or any retail outlet operated by the brewer, manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless there is upon the premises the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation or limited liability company, or some person who has an operator’s license or operator’s permit and who is responsible for the acts of all persons serving any fermented malt beverages to customers. An operator’s license issued in respect to a vessel under s. 125.27 (2) is valid outside the municipality that issues it. For the purpose of this subsection, any person holding a manager’s license under s. 125.18 or any member of the licensee’s or permittee’s immediate family who has attained the age of 18 shall be considered the holder of an operator’s license. No person, including a member of the licensee’s or permittee’s immediate family, other than the licensee, permittee, or agent may serve fermented malt beverages in any place operated under a Class “A” or Class “B” license or permit or on brewery premises, manufacturing or rectifying premises, winery premises, or any retail outlet operated by a brewer, manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3) unless he or she has an operator’s license or operator’s permit, is considered to have an operator’s license under this subsection, or is at least 18 years of age and is under the immediate supervision of the licensee, permittee, agent, or a person holding an operator’s license or operator’s permit, who is on the premises at the time of the service. AB304,166580Section 166. 125.32 (3m) (L) of the statutes is created to read: AB304,,581581125.32 (3m) (L) An axe throwing facility. AB304,167582Section 167. 125.32 (6) (a) of the statutes is amended to read: AB304,,583583125.32 (6) (a) Except as provided in s. 125.33 (2) (o) or (12), 125.69 (9), or 125.70, and subject to par. (c), no person may possess on the premises covered by a retail or wholesale fermented malt beverages license or permit any alcohol beverages not authorized by law for sale on the premises. AB304,168584Section 168. 125.33 (2) (a) of the statutes is amended to read: AB304,,585585125.33 (2) (a) Give to any campus or Class “B” licensee or permittee, at any given time, for placement inside the premises, signs, clocks, or menu boards with an aggregate value of not more than $2,500. If a gift of any item would cause the $2,500 limit to be exceeded, the recipient shall pay the brewer, brewpub, or wholesaler the amount of the item’s value in excess of $2,500. Each recipient shall keep an invoice or credit memo containing the name of the donor and the number and value of items received under this paragraph. The value of an item is its cost to the donor. Each recipient shall make the records kept under this paragraph available to the department division for inspection upon request. AB304,169586Section 169. 125.33 (2) (d) of the statutes is amended to read: AB304,,587587125.33 (2) (d) Sell to a campus or Class “B” licensee or permittee at fair market value equipment designed and intended to preserve and maintain the sanitary dispensing of fermented malt beverages or any services necessary to maintain this kind of equipment. A brewer, brewpub, or wholesaler shall charge the same price per unit of equipment to each campus or Class “B” licensee or permittee making the same or a similar purchase, and shall charge the same rate to each campus or Class “B” licensee or permittee purchasing maintenance services under this subdivision. Each brewer, brewpub, or wholesaler shall keep records of each transaction under this subdivision and shall make the records available to the department division upon request. AB304,170588Section 170. 125.33 (2) (hr) of the statutes is created to read: AB304,,589589125.33 (2) (hr) Enter into a landlordtenant relationship with a Class “B” licensee or permittee if all of the requirements under s. 125.20 (6) (b) are satisfied. AB304,171590Section 171. 125.33 (9) of the statutes is renumbered 125.33 (9) (a) and amended to read: AB304,,591591125.33 (9) (a) Except as provided in ss. 125.29 (3m) (b) and (c), 125.295 (1) (g), and 125.30 (4), no campus or retail licensee or permittee may purchase or possess fermented malt beverages purchased from any person other than a wholesaler holding a permit under this chapter for the sale of fermented malt beverages. AB304,,592592(b) Any person who violates this subsection may par. (a), if the total volume of fermented malt beverages purchased or possessed by that person in one month is 4,320 fluid ounces or less, may be required to forfeit not more than $100. A person who purchases or possesses more than 4,320 fluid ounces of fermented malt beverages in one month in violation of par. (a) shall be fined not more than $10,000 or imprisoned for not more than 9 months or both. AB304,172593Section 172. 125.33 (9) (c) of the statutes is created to read: AB304,,594594125.33 (9) (c) Notwithstanding par. (b), a Class “B” licensee or permittee who purchases fermented malt beverages from a Class “A” licensee for resale or who possesses fermented malt beverages purchased from a Class “A” licensee for resale may be fined not more than $100. AB304,173595Section 173. 125.33 (12) of the statutes is amended to read: AB304,,596596125.33 (12) Providing taste samples on Class “A” retail premises. Notwithstanding s. 125.34 (6), with the consent of the Class “A” or Class “B” licensee, a brewer may provide, free of charge, on Class “A” or Class “B” premises, taste samples of fermented malt beverages to any person who has attained the legal drinking age for consumption on the premises during hours in which the Class “A” licensee is authorized under s. 125.25 (1) to provide taste samples or, if more restrictive, only during hours established by ordinance by a municipality under s. 125.32 (3) (d) between the hours of 11 a.m. and 7 p.m. The provision of taste samples under this subsection shall be subject to the same limitations that apply to taste samples provided by a Class “A” licensee under s. 125.25 (1). No brewer may provide as taste samples under this subsection any fermented malt beverages that the brewer did not purchase from the Class “A” licensee on whose premises the taste samples are provided. A brewer may provide taste samples of any fermented malt beverages that the brewer purchased from the retail licensee or that the brewer produced on premises covered by its brewer’s permit and brings to the retail premises, but the brewer may not leave at the retail premises any unused fermented malt beverages not purchased from the retail licensee. A brewer may provide taste samples under this subsection through an individual representing the brewer who is hired by the brewer and who is not employed by or an agent of a wholesaler. All provisions of this subsection that apply to a brewer apply equally to any individual representing a brewer. AB304,174597Section 174. 125.34 (6) of the statutes is amended to read: AB304,,598598125.34 (6) Except as provided in ss. 125.29 (3), (3m) (b) and (c), and (7) and 125.30 (4), a brewer or out-of-state shipper may sell, transport, and deliver fermented malt beverages only to a wholesaler. AB304,175599Section 175. 125.51 (1) (a) of the statutes is amended to read: AB304,,600600125.51 (1) (a) Subject to sub. (2) (e) 2., every municipal governing body may grant and issue “Class A” and “Class B” licenses for retail sales of intoxicating liquor, and “Class C” licenses for retail sales of wine, from premises within the municipality to persons entitled to a license under this chapter as the issuing municipal governing body deems proper and may authorize an official or body of the municipality to issue temporary “Class B” licenses under sub. (10). No “Class B” license may be issued to a winery under sub. (3) (am) unless the winery has been issued a permit under s. 125.53 and the winery is capable of producing at least 5,000 gallons of wine per year in no more than 2 locations. AB304,176601Section 176. 125.51 (2) (am) of the statutes is amended to read: AB304,,602602125.51 (2) (am) In addition to the authorization under par. (a) and s. 125.06 (13), a “Class A” license authorizes the licensee to provide, free of charge, to customers and visitors who have attained the legal drinking age, taste samples of intoxicating liquor other than wine that are not in original packages or containers and that do not exceed 0.5 fluid ounces each, for consumption on the “Class A” premises. No “Class A” licensee may provide more than one such taste sample per day to any one person. Taste samples may be provided under this paragraph only between the hours of 11 a.m. and 7 p.m. and may not exceed the quantities specified in s. 125.69 (9) (b). Any representative of a manufacturer, rectifier, winery, or out-of-state shipper issued a permit under s. 125.52, 125.53, or 125.58 may assist the “Class A” licensee in dispensing or serving the taste samples. No “Class A” licensee may provide as taste samples under this paragraph intoxicating liquor other than wine that the “Class A” licensee did not purchase from a wholesaler. AB304,177603Section 177. 125.51 (2) (e) 3. of the statutes is amended to read: AB304,,604604125.51 (2) (e) 3. Notwithstanding par. pars. (a) and (am) and s. 125.06 (13) 125.69 (9), a person issued a “Class A” license under subd. 2. may not make retail sales, or provide taste samples, of any intoxicating liquor other than cider. Paragraph (am) does not apply to a person issued a “Class A” license under subd. 2, and may not allow a winery, manufacturer, or rectifier to provide taste samples of any intoxicating liquor other than cider, on the “Class A” premises. AB304,178605Section 178. 125.51 (3) (a) of the statutes is amended to read: AB304,,606606125.51 (3) (a) A “Class B” license authorizes the retail sale of intoxicating liquor by the glass and not in the original package or container for consumption on the premises where sold or for consumption off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises. In addition, wine may be sold in the original package or container in any quantity to be consumed off the premises where sold. This paragraph does not apply in municipalities in which the governing body elects to come under par. (b) or to a winery that has been issued a “Class B” license. Paragraph (am) applies to all wineries that have been issued a “Class B” license.