SB268-SA2,69,6 125.30 (2) The application for an out-of-state shipper's permit and the permit shall be on forms prescribed by the department division which shall contain provisions determined by the department division as necessary to effectuate the purposes of ss. 139.01 to 139.25 and shall include a provision that the permittee agrees to do all of the following:

SB268-SA2,69,8 (a) To comply Comply with s. 139.05 relating to filing a bond, filing returns, paying taxes, and record keeping; .

SB268-SA2,69,11 (b) To permit Permit inspections and examinations of the permittee's premises and records by the department division and its duly authorized employees, as authorized under s. 139.08 (4); and 125.025 (3).

SB268-SA2,69,13 (c) To pay Pay the expenses reasonably attributable to such the inspections and examinations under par. (b) made within the United States.

SB268-SA2,26dq Section 26dq. 125.30 (2) (d) of the statutes is created to read:

SB268-SA2,69,16 125.30 (2) (d) Accept service of process and consent to jurisdiction in any proceeding in this state to enforce the provisions of this chapter or ch. 139.

SB268-SA2,26dr Section 26dr. 125.30 (3) of the statutes is renumbered 125.30 (3) (a) and amended to read:

SB268-SA2,70,6 125.30 (3) (a) Out-of-state shippers' permits may be issued only to a person who holds a valid certificate issued under s. 73.03 (50), who is qualified under s. 125.04 (5), who does not maintain an office or street address in this state, and who is the primary source of supply for the brand of fermented malt beverages. An out-of-state shipper's permit may not be issued to a person determined by the department division to be primarily engaged in wholesale or retail sales in another state. Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state 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 qualified for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers' permits are not required to appoint agents vested with authority over the premises as described in s. 125.04 (6) (a).

SB268-SA2,26ds Section 26ds. 125.30 (3) (b) of the statutes is created to read:

SB268-SA2,70,15 125.30 (3) (b) 1. 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.

SB268-SA2,70,22 2. The permittee shall provide notice to the division 30 calendar days before termination of the authority of an agent under subd. 1. and shall provide proof to the satisfaction of the division of the appointment of a new agent no less than 5 calendar days before the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the permittee shall notify the division of that termination within 5 calendar days and shall include proof to the satisfaction of the division of the appointment of a new agent.

SB268-SA2,71,2 3. If a permittee fails to maintain an agent in this state after a permit is issued under this section, the permittee is considered to have appointed the department of financial institutions as the permittee's agent, and the permittee may be proceeded against in courts of this state by service of process upon the department of financial institutions.

SB268-SA2,26dt Section 26dt. 125.30 (3) (c) of the statutes is created to read:

SB268-SA2,71,6 125.30 (3) (c) Subject to s. 125.20 (6), an out-of-state shipper's permit may not be issued to any person who has an interest in a licensee or permittee holding any of the following:

SB268-SA2,71,8 1. A Class “A" license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).

SB268-SA2,71,10 2. A Class “B" license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).

SB268-SA2,71,12 3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

SB268-SA2,71,13 4. A wholesaler's permit issued under s. 125.28 or 125.54.

SB268-SA2,26du Section 26du. 125.30 (3) (c) 5. of the statutes is created to read:

SB268-SA2,71,15 125.30 (3) (c) 5. A no-sale event venue permit issued under s. 125.24.

SB268-SA2,26dv Section 26dv. 125.30 (4) of the statutes is amended to read:

SB268-SA2,71,24 125.30 (4) An out-of-state brewer that manufactures 300,000 barrels or less of fermented malt beverages in a calendar year from all locations and that holds an out-of-state shipper's permit may sell and ship fermented malt beverages directly to retail licensees if the out-of-state brewer registers with the department division, files whatever periodic reports with the department division as the department division may require, and complies with the requirements in ss. 125.33 and 125.34, as applicable, to the same extent as if the out-of-state brewer were a wholesaler holding a permit under s. 125.28.

SB268-SA2,26dw Section 26dw. 125.30 (5) of the statutes is amended to read:

SB268-SA2,72,3 125.30 (5) The department division may revoke or suspend an out-of-state shipper's permit for such time as the department division determines, if the permittee violates any provision of the application or ss. 139.01 to 139.25.

SB268-SA2,26dx Section 26dx. 125.32 (2) of the statutes is amended to read:

SB268-SA2,73,4 125.32 (2) Operators licenses ; 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 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, 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, who is on the premises at the time of the service.

SB268-SA2,26dy Section 26dy. 125.32 (2) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB268-SA2,74,6 125.32 (2) Operators licenses and permits; Class “A," 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 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.

SB268-SA2,26eb Section 26eb. 125.32 (3m) (L) of the statutes is created to read: