February 18, 2021 - Introduced by Representatives Tauchen, Duchow, Doyle,
Kurtz, Milroy, L. Myers, Neubauer, Novak, Thiesfeldt, Wittke, Shankland
and Tranel, cosponsored by Senators Stroebel, Roys, L. Taylor and
Ballweg. Referred to Committee on State Affairs.

AB70,1,6 1An Act to renumber and amend 125.25 (3), 125.26 (3), 125.272, 125.51 (2) (c),
2125.51 (3) (d) and 125.51 (6); to amend 125.02 (20), 125.26 (2u), 125.26 (2w),
3125.26 (2x), 125.51 (3) (bu), 125.51 (3) (bw) and 125.51 (3) (bx); and to create
4125.10 (6), 125.272 (2) and 125.51 (6) (b) of the statutes; relating to: remote
5orders for the sale of alcohol beverages to be picked up on retail licensed
6premises.

This bill allows most alcohol beverage retailers to make online or telephone
sales of alcohol beverages to be picked up by the customer at parking spaces that are
part of the retail licensed premises. The bill also prohibits municipalities from
imposing by ordinance additional restrictions on these sales.

Under current law, with limited exceptions, no person may sell alcohol
beverages to a consumer unless the seller possesses a license or permit authorizing
the sale. Class “A” and “Class A” licenses authorize the retail sale of, respectively,
fermented malt beverages (beer) and intoxicating liquor in original packages for
consumption off the licensed premises. Intoxicating liquor includes wine and
distilled spirits. A Class “B" license authorizes the retail sale of beer for consumption
on or off the premises. Except when issued to a winery, a “Class B" license authorizes
the retail sale of intoxicating liquor for consumption on the licensed premises and,
subject to certain restrictions, the retail sale of intoxicating liquor in original

packages for consumption off the licensed premises. Each of these retail licenses is
issued by a municipality.

Under current law, a retail license authorizes only face-to-face sales of alcohol
beverages to consumers on the licensed premises. The sale to the consumer on the
licensed premises is governed by certain requirements, including that the purchaser
be of legal drinking age and that the sale be made only during certain hours. The
licensed premises on which the sale occurs must be particularly described in the
retail license issued by the municipality, and each applicant for a retail license must
identify in the application the premises where alcohol beverages will be sold.

This bill provides that, if a Class “A”, “Class A”, Class “B", or “Class B” licensee
receives a remote order for alcohol beverages that the consumer will pick up at a
parking space that is part of the retailer's licensed premises, the sale of alcohol
beverages occurs at the time the consumer takes possession of the alcohol beverages
at the parking space, regardless of when the consumer makes payment. The bill
defines “remote order” as an order for the sale of alcohol beverages that is placed by
telephone or Internet by a consumer who asserts at the time of placing the order that
he or she is at least 21 years of age. A Class “B” or “Class B” licensee may sell alcohol
beverages by remote order only for consumption off the licensed premises. The bill
also specifies that licensed premises identified in the retail license may include
parking spaces associated with a structure described as licensed premises, even if
the parking spaces are not contiguous with the remainder of the licensed premises.
The bill also prohibits municipalities from adopting ordinances that impose
additional restrictions on alcohol beverage sales made by these retailers pursuant
to remote orders.

AB70,2,72 125.02 (20) “Sell", Subject to ss. 125.272 (2) (b) and (c) and 125.51 (6) (b) 2. and
33., “sell,” “sold",,” “sale," or “selling" means any transfer of alcohol beverages with
4consideration or any transfer without consideration if knowingly made for purposes
5of evading the law relating to the sale of alcohol beverages or any shift, device,
6scheme or transaction for obtaining alcohol beverages, including the solicitation of
7orders for, or the sale for future delivery of, alcohol beverages.

AB70,3,6

1125.10 (6) Remote orders of alcohol beverages. (a) Notwithstanding sub.
2(1), and subject to par. (b), a municipality may not prescribe additional regulations
3for, or impose additional restrictions relating to, sales of alcohol beverages made
4pursuant to remote order, as defined in s. 125.272 (2) (a), by Class “A” , “Class A”,
5Class “B”, or “Class B” licensees. An ordinance that is inconsistent with this
6paragraph may not be enforced.

AB70,3,97 (b) Paragraph (a) does not limit a municipality's authority to adopt ordinances
8of general application that apply to all sales by a retail licensee, including ordinances
9adopted under ss. 125.32 (3) (d) and 125.68 (4) (b) and (c) 3.