125.12 (5) (title) Revocations or suspensions of, or refusals to renew, permits by the department division.
73,25kSection 25k. 125.12 (5) (a) of the statutes is amended to read: 125.12 (5) (a) The department division may, after notice and an opportunity for hearing, revoke, suspend, or refuse to renew any retail permit issued by it for the causes provided in sub. (4) and any other permit issued by it under this chapter for any violation of this chapter or ch. 139, except that, for a violation of s. 125.535 or 139.035, the department division shall revoke the permit.
73,25LSection 25L. 125.12 (5) (a) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read: 125.12 (5) (a) The division may, after notice and an opportunity for hearing, revoke, suspend, or refuse to renew any retail permit issued by it for the causes provided in sub. (4) and any other permit issued by it under this chapter for any violation of this chapter or ch. 139, except that, for a violation of s. 125.535 or 139.035, the division shall revoke the permit, and the division shall revoke a common carrier permit as provided in s. 125.22 (3) (b) and a fulfillment house permit as provided in s. 125.23 (6) (b).
73,25mSection 25m. 125.12 (5) (b) of the statutes is amended to read: 125.12 (5) (b) The department division may, after notice and an opportunity for hearing, revoke any permit issued under s. 125.27 (5) or 125.51 (5) (f) to a person designated by the owner or operator of racetrack grounds as provided in s. 125.27 (5) (b) or 125.51 (5) (f) 2. if the person’s designation has terminated or the owner or operator of the racetrack grounds has otherwise rescinded the person’s designation.
73,25nSection 25n. 125.12 (5) (bm) of the statutes is created to read: 125.12 (5) (bm) The division may, after notice and an opportunity for hearing, revoke, suspend, or refuse to renew any permit issued by it under this chapter if the permittee has shipped alcohol beverages to any person in another state in violation of that state’s law.
73,25oSection 25o. 125.12 (5) (c) of the statutes is amended to read: 125.12 (5) (c) A revocation, suspension, or refusal to renew a permit under par. (a) or, (b), or (bm) is a contested case under ch. 227.
73,25pSection 25p. 125.12 (6) (a) of the statutes is amended to read: 125.12 (6) (a) Any person may file a sworn written complaint with the department division alleging that an intoxicating liquor wholesaler has violated s. 125.54 (7) (a). The complaint shall identify the specific legal basis for the complaint and sufficient facts for the department division to determine whether there is cause to find that a violation has occurred. The department division shall provide a copy of the complaint to any wholesaler against whom allegations are made, along with notice of the time period under par. (b) to show cause why the wholesaler’s permit should not be revoked or suspended or to request a hearing.
73,25qSection 25q. 125.12 (6) (b) of the statutes is amended to read: 125.12 (6) (b) Within 30 days of receiving a copy of the complaint under par. (a), any wholesaler against whom allegations are made may file a sworn written response or a written request for an evidentiary hearing before the department division under s. 227.44.
73,25rSection 25r. 125.12 (6) (c) of the statutes is amended to read: 125.12 (6) (c) Subject to pars. (d) 1. and (dm), if no request for an evidentiary hearing is made under par. (b), within 60 days of receiving any response under par. (b) or, if no response is made, within 60 days of the date on which a response or request for hearing is due under par. (b), the department division shall make a written decision as to whether a violation has occurred and either dismiss the complaint or take action under par. (e). Any decision under this paragraph shall include findings of fact and conclusions of law and shall state all reasons for the decision. The department division shall provide a copy of the decision to the complainant and to any wholesaler against whom allegations are made.
73,25sSection 25s. 125.12 (6) (cm) of the statutes is amended to read: 125.12 (6) (cm) Subject to pars. (d) 2. and (dm), if a request for an evidentiary hearing is made under par. (b), the hearing shall be conducted in the manner specified for a contested case under ss. 227.44 to 227.50, except that the hearing shall be conducted within 45 days of receiving the request for hearing under par. (b) and the department division shall make its written decision, including whether a violation has occurred and whether the complaint is dismissed or action is taken under par. (e), within 15 days after the hearing. In addition to service of the decision as provided under s. 227.48, the department division shall provide a copy of the decision to the complainant.
73,25tSection 25t. 125.12 (6) (d) of the statutes is amended to read: 125.12 (6) (d) 1. If no request for an evidentiary hearing is made under par. (b), within 60 days of receiving any response under par. (b) or, if no response is made, within 60 days of the date on which a response or request for hearing is due under par. (b), the department division may extend the time period for making a decision under par. (c) by an additional 60 days if the department division provides notice within the time period specified in par. (c) that an additional 60 days is necessary for investigation.
2. If a request for an evidentiary hearing is made under par. (b), within 45 days of receiving the request for hearing under par. (b), the department division may extend the time period for conducting the hearing by an additional 45 days if the department division provides notice within 45 days of receiving the request for hearing under par. (b) that an additional 45 days is necessary for investigation.
73,25uSection 25u. 125.12 (6) (dm) of the statutes is amended to read: 125.12 (6) (dm) Within 45 days of receiving any response or request for hearing under par. (b) or, if no response or request for hearing is made, within 45 days of the date on which a response or request for hearing is due under par. (b), the department division may elect to file a complaint in circuit court under sub. (4) that includes all allegations of the complaint under par. (a) for which the department division determines there is cause to find that a violation of s. 125.54 (7) (a) has occurred. If the department division files a complaint in circuit court as provided under this paragraph, the department division shall not conduct a hearing under par. (cm) or make a written decision under par. (c), but shall proceed with the matter as provided under sub. (4).
73,25vSection 25v. 125.12 (6) (e) of the statutes is amended to read: 125.12 (6) (e) If the department division finds the allegations under par. (a) true and sufficient, the department division shall either suspend for not less than 10 days nor more than 90 days or revoke the wholesaler’s permit, and give notice of the suspension or revocation to the wholesaler.
73,26Section 26. 125.12 (7) of the statutes is created to read: 125.12 (7) Reapplication for permit after revocation. If the division revokes any permit issued under this chapter, the applicant or permit holder may not reapply for the permit for a period of 6 months after the date of the revocation.
73,26abSection 26ab. 125.13 of the statutes is amended to read: