SB268-SA2,100,16 (e) 1. A winery may operate a restaurant at any full-service retail outlet under this subsection and on the winery premises.

SB268-SA2,100,20 2. If the winery operates a restaurant as provided in subd. 1., the winery may make retail sales of wine in an opened original bottle, in a quantity not to exceed one bottle, for consumption both at the restaurant and away from the restaurant if all of the following apply:

SB268-SA2,100,21 a. The purchaser of the wine orders food to be consumed at the restaurant.

SB268-SA2,100,23 b. The winery provides a dated receipt that identifies the purchase of the food and the bottle of wine.

SB268-SA2,101,4 c. Prior to the opened, partially consumed bottle of wine being taken away from the restaurant, the winery securely reinserts the cork into the bottle to the point where the top of the cork is even with the top of the bottle, or securely reattaches the original cap to the bottle, and the cork is reinserted or the cap is reattached at a time other than during the hours in which the winery is prohibited under sub. (4) (b) from making retail sales for off-premises consumption.

SB268-SA2,101,15 (f) 1. If a winery may establish one or more full-service retail outlets under pars. (b) and (g) and the winery also holds a manufacturer's or rectifier's permit or brewer's permit or both and, as such, may establish full-service retail outlets under s. 125.29 (7) (b) and (g) or 125.52 (4) (b) and (g), the aggregate number of full-service retail outlets that may be established is the maximum number authorized under par. (b), under s. 125.29 (7) (b), or under s. 125.52 (4) (b), whichever is greatest, but not exceeding 3 full-service retail outlets. Under these circumstances, each authorized full-service retail outlet shall serve as the full-service retail outlet associated with each applicable permit, regardless of whether the permittee would otherwise be entitled to fewer full-service retail outlets when calculated under par. (b) or s. 125.29 (7) (b) or 125.52 (4) (b).

SB268-SA2,101,24 2. If a winery may engage in full-service retail sales on the winery premises as provided in par. (a) 2. and the winery also holds a brewer's permit or manufacturer's or rectifier's permit or both, the winery may make retail sales on the winery premises of fermented malt beverages produced under its brewer's permit or intoxicating liquor produced under its manufacturer's or rectifier's permit without first purchasing the fermented malt beverages or intoxicating liquor from a wholesaler holding a permit under s. 125.28 or 125.54 or receiving the fermented malt beverages under authorization of s. 125.29 (3m) (b), 125.295 (1) (g), or 125.30 (4).

SB268-SA2,102,4 3. If a person holds more than one winery permit under this section, the retail sales authority under this subsection for winery premises applies with respect to each winery permit, but the limit on full-service retail outlets is an aggregate maximum, regardless of the number of winery permits held.

SB268-SA2,102,7 (g) 1. An application for a winery permit, including an application for an amendment to the winery permit, shall specify each full-service retail outlet of the winery and particularly describe the premises of the full-service retail outlet.

SB268-SA2,102,14 2. The division shall establish a process for approval of a winery's full-service retail outlet and for revocation of this approval. The division shall approve a winery's full-service retail outlet, and may not revoke this approval, unless the winery has violated a provision of this chapter related to full-service retail outlets. The division's failure to approve, or revocation of approval of, a full-service retail outlet described in a winery's application or permit does not affect any other full-service retail outlet or the winery premises as described in the application or permit.

SB268-SA2,102,18 3. If the division approves a full-service retail outlet, the winery permit, as initially issued or as amended, shall particularly describe the premises constituting the full-service retail outlet, which shall be considered part of the premises under the winery permit.

SB268-SA2,102,21 4. If the division approves a full-service retail outlet, the agent appointed under s. 125.04 (6) for the winery permit shall also serve as the agent for the full-service retail outlet.

SB268-SA2,103,2 5. Section 125.04 (12) (a) does not apply to a winery's full-service retail outlet. Upon notice to the division, a winery may relocate any full-service retail outlet to a new location within this state once per calendar year, except that one full-service retail outlet of a winery may be relocated without limitation on frequency in each calendar year.

SB268-SA2,103,7 (4) (a) On winery premises, no person may sell alcohol beverages at retail for on-premises consumption, provide taste samples of alcohol beverages, or consume alcohol beverages during the closing hours applicable to a Class “B" licensee under s. 125.32 (3) (a). A full-service retail outlet under sub. (3) shall be subject to the same closing hours applicable to a Class “B" licensee under s. 125.32 (3) (a).

SB268-SA2,103,11 (b) On winery premises and at a full-service retail outlet, no person may sell alcohol beverages at retail for off-premises consumption during the hours in which a Class “B” licensee in the municipality where the winery or retail outlet is located may not make retail sales under s. 125.32 (3) (am) and (d).

SB268-SA2,103,14 (c) No member of the public or invited guests may be present on winery premises during the closing hours applicable to a Class “B" licensee under s. 125.32 (3) (a).

SB268-SA2,103,16 (d) Activities authorized under a winery permit related to the production, shipment, transportation, or delivery of alcohol beverages may occur at any time.

SB268-SA2,26fv Section 26fv. 125.535 (1) of the statutes is amended to read:

SB268-SA2,103,22 125.535 (1) Authorized activities. The department division shall issue direct wine shippers' permits authorizing the permittee to ship wine manufactured or bottled by the permittee directly to an individual in this state who is of the legal drinking age, who acknowledges receipt of the wine shipped, and who is not intoxicated at the time of delivery.

SB268-SA2,26fw Section 26fw. 125.535 (2) of the statutes is amended to read:

SB268-SA2,104,2 125.535 (2) Annual permit fee. The department division may, by rule, establish an annual fee, not to exceed $100, for each permit issued under this section. All fees collected under this subsection shall be credited to the appropriation account under s. 20.566 (1) (ha).

SB268-SA2,26fx Section 26fx. 125.535 (3) (b) 2. of the statutes is amended to read:

SB268-SA2,104,8 125.535 (3) (b) 2. The winery submits to the department division, with any initial application or renewal for a certificate under s. 73.03 (50) or a permit under par. (a) 3. or 4., a copy of any current license, permit, or authorization issued to the winery by the state from which the winery will ship wine into this state or the winery's federal basic permit.

SB268-SA2,26fy Section 26fy. 125.535 (3) (b) 3. of the statutes is created to read:

SB268-SA2,104,10 125.535 (3) (b) 3. The winery satisfies all requirements under par. (d).

SB268-SA2,26fz Section 26fz. 125.535 (3) (c) of the statutes is amended to read:

SB268-SA2,104,23 125.535 (3) (c) Notwithstanding s. 125.04 (5) (a), natural persons obtaining direct wine 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 eligible for a permit under this section. Corporations and limited liability companies obtaining direct wine shippers' permits are subject to s. 125.04 (6) and any other person, including any natural person or cooperative, obtaining a direct wine shipper's permit shall appoint an agent, and be subject to all provisions of s. 125.04 (6), in the same manner applicable to corporations and limited liability companies. Notwithstanding s. 125.04 (5) (a) 2. and (c), an agent appointed under s. 125.04 (6) by a corporation or limited liability company obtaining a direct wine shipper's permit is not required to be a resident of this state.

SB268-SA2,26gb Section 26gb. 125.535 (3) (d) and (e) of the statutes are created to read:

SB268-SA2,105,11 125.535 (3) (d) 1. Unless the permittee or agent of the permittee appointed under s. 125.04 (6) is a resident of this state, or unless the permittee maintains a registered agent in this state under s. 180.0501, 180.1507, 183.0105, or 183.1007, 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.