SB931,4 Section 4. 125.272 of the statutes is renumbered 125.272 (1) and amended to read:

SB931,3,22 125.272 (1) Except as provided in sub. (2) and ss. 125.26 (2m), (2s), and (2x) and 125.27 (4) and except with respect to caterers, a retail license issued under s. 125.25 or 125.26, and a retail permit issued under s. 125.27, authorizes only face-to-face sales to consumers at the premises described in the retail license or permit.

SB931,5 Section 5. 125.272 (2) of the statutes is created to read:

SB931,3,24 125.272 (2) (a) In this subsection:

SB931,3,25 1. “Record” has the meaning given in s. 137.11 (12).

SB931,4,4 2. “Remote order” means an order for the sale and delivery of both food and alcohol beverages or alcohol beverages alone that is received by a retail licensee by means of the Internet, telephone, or any other method of communication under which the customer is not physically located on the licensed premises.

SB931,4,6 (b) A retail licensee may process and fill a remote order if all of the following apply:

SB931,4,8 1. The licensee holds a retail license issued under s. 125.25 or issued under s. 125.26 for a restaurant or grocery store.

SB931,4,12 2. The products ordered are delivered to the customer by the licensee or by a 3rd-party delivery service that is independent of the licensee and that derives less than 50 percent of its annual revenues associated with food and beverage delivery from the delivery of alcohol beverages.

SB931,4,14 3. Full payment for the order is made at the time the order is placed and no payment, other than a tip, is made at the time of delivery.

SB931,4,16 4. At the time the order is placed, the customer asserts that the customer has attained the legal drinking age and is not intoxicated.

SB931,4,18 5. At the time the products ordered are delivered, the individual delivering the order complies with pars. (c), (d), and (e).

SB931,4,21 (c) An individual may not deliver alcohol beverages to a customer under this subsection unless the individual making the delivery does all of the following at the time of delivery:

SB931,4,23 1. Prior to transferring possession of the alcohol beverages to the customer, confirms the customer receiving delivery is the person who placed the order.

SB931,5,3 2. Prior to transferring possession of the alcohol beverages to the customer, performs an in-person examination of the customer's identification document containing proof of age and verifies by visual examination and by using electronic scanning technology that the customer receiving delivery of the order has attained the legal drinking age.

SB931,5,4 3. Creates a record of the age verification under subd. 2.

SB931,5,6 (d) An individual may not deliver alcohol beverages under this subsection to a person who is visibly intoxicated.

SB931,5,8 (e) An individual may not deliver alcohol beverages to a customer under this subsection unless all of the following apply:

SB931,5,9 1. The individual has attained the legal drinking age.

SB931,5,11 2. The individual has successfully completed a responsible beverage server training course or comparable training course as described in s. 125.04 (5) (a) 5.

SB931,5,14 (f) A 3rd-party delivery service shall provide to the retail licensee on whose behalf the delivery is made an original or duplicate of each age verification record required under par. (c) 3.

SB931,5,18 (g) 1. If a licensee processes and fills a remote order under this subsection, the sale of fermented malt beverages occurs at the time the consumer pays for the fermented malt beverages, regardless of when the consumer takes possession of the fermented malt beverages.

SB931,6,2 2. Notwithstanding s. 125.33 (9), if a 3rd-party delivery service is unable to complete delivery of fermented malt beverages to a customer under this subsection, the 3rd-party delivery service may return the fermented malt beverages to the licensee from which the fermented malt beverages delivery originated and the licensee may, in its discretion, cancel the sale of the fermented malt beverages and credit the customer's account. Notwithstanding s. 125.33 (9), if a licensee is unable to complete delivery of fermented malt beverages to a customer under this subsection, the licensee may, in its discretion, cancel the sale of the fermented malt beverages and credit the customer's account.

SB931,6,7 (h) 1. Delivery of alcohol beverages under this subsection to an underage person shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party delivery service or s. 125.07 (1) (a) 2. if delivery is made by a licensee, as well as a violation for purposes of s. 125.07 (1) (b) 1., subject to the same defenses that apply or would apply to a licensee under s. 125.07 (6).

SB931,6,10 2. Delivery of alcohol beverages under this subsection to a visibly intoxicated person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a 3rd-party delivery service or s. 125.07 (2) (a) 2. if delivery is made by a licensee.

SB931,6,13 (i) This subsection applies only during a public health emergency declared by the governor under s. 323.10 and for an additional 30 days after the final day of the declared public health emergency.

SB931,6 Section 6. 125.51 (6) of the statutes is renumbered 125.51 (6) (a) and amended to read:

SB931,6,19 125.51 (6) (a) Except as provided in par. (b) and subs. (3) (bm), (bs), and (bx) and (5) (e) and except with respect to caterers, a retail license or permit issued under this section authorizes only face-to-face sales to consumers at the premises described in the retail license or permit.

SB931,7 Section 7. 125.51 (6) (b) of the statutes is created to read: