AB127,,17 125.20 Alcohol delivery permits. (1) The department shall issue alcohol delivery permits to retail licensees, delivery services under common ownership with retail licensees, and 3rd-party delivery services that authorize the permittee to deliver alcohol beverages in connection with remote delivery orders under ss. 125.272 (2) and 125.51 (6) (b).

AB127,,18 (2) An alcohol delivery permit may be issued only to a person who holds a valid certificate issued under s. 73.03 (50). For purposes of s. 125.04 (6) (a) 2., the appointment of an agent for a permittee under this section shall vest authority in the agent with respect to all delivery operations, not limited to activities occurring on the premises covered by the permit.

AB127,,19 (3) A permit issued under this section shall be valid for one year. The annual fee for initial issuance or renewal of the permit shall be $150 for an applicant that is a retail licensee and $300 for an applicant that is a 3rd-party delivery service or a delivery service under common ownership with a retail licensee. The fee shall be paid at the time of application for initial issuance or renewal of the permit and shall be refunded to the applicant if the application is denied.

AB127,7 Section 7. 125.25 (3) of the statutes is renumbered 125.25 (3) (a) and amended to read:

AB127,,21 125.25 (3) (a) Class “A” licenses shall particularly describe the premises for which issued and. The premises for a Class “A” license may include, if described in the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated with any structure described as licensed premises in the license application, even if the parking spaces are not contiguous with the remainder of the Class “A” licensed premises.

AB127,,22 (b) Class “A” licenses are not transferable, except under s. 125.04 (12).

AB127,,23 (c) A Class “A” license is subject to revocation for violation of any of the terms or provisions thereof.

AB127,8 Section 8. 125.26 (2u) of the statutes is amended to read:

AB127,,25 125.26 (2u) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition to the authorization specified in sub. (1), a Class “B” license issued under this section to a caterer also authorizes the caterer to provide fermented malt beverages, including their retail sale, at the National Railroad Museum in Green Bay during special events held at this museum. Notwithstanding sub. (1), a caterer may provide fermented malt beverages under this subsection at any location at the National Railroad Museum even though the National Railroad Museum is not part of the caterer’s licensed premises, as described under sub. (3) (a) in the caterer’s Class “B” license, and even if the National Railroad Museum is not located within the municipality that issued the caterer’s Class “B” license. A caterer that provides fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the fermented malt beverages were provided on the caterer’s Class “B” licensed premises. This subsection does not authorize the National Railroad Museum to sell fermented malt beverages at retail or to procure or stock fermented malt beverages for purposes of retail sale. This subsection does not apply if, at any time, the National Railroad Museum holds a Class “B” license.

AB127,9 Section 9. 125.26 (2v) (a) of the statutes is amended to read:

AB127,,27 125.26 (2v) (a) Subject to pars. (b) and (c), and notwithstanding ss. 125.04 (3) (a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization specified in sub. (1), a Class “B” license issued under this section to a caterer also authorizes the caterer to provide fermented malt beverages, including their retail sale, on racetrack grounds, as defined in s. 125.27 (5) (a). Subject to pars. (b) and (c), and notwithstanding sub. (1) and s. 125.32 (6) (a), a caterer may provide fermented malt beverages under this paragraph at any location on racetrack grounds even though the racetrack grounds are not part of the caterer’s licensed premises, as described under sub. (3) (a) in the caterer’s Class “B” license, and even if the racetrack grounds are not located within the municipality that issued the caterer’s Class “B” license. A caterer that provides fermented malt beverages under this paragraph is subject to s. 125.32 (2) and (3) as if the fermented malt beverages were provided on the caterer’s Class “B” licensed premises.

AB127,10 Section 10. 125.26 (2w) of the statutes is amended to read:

AB127,,29 125.26 (2w) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition to the authorization specified in sub. (1), a Class “B” license issued under this section to a caterer also authorizes the caterer to provide fermented malt beverages, including their retail sale, at the Heritage Hill state park during special events held at this park. Notwithstanding sub. (1), a caterer may provide fermented malt beverages under this subsection at any location at the Heritage Hill state park even though the Heritage Hill state park is not part of the caterer’s licensed premises, as described under sub. (3) (a) in the caterer’s Class “B” license, and even if the Heritage Hill state park is not located within the municipality that issued the caterer’s Class “B” license. A caterer that provides fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the fermented malt beverages were provided on the caterer’s Class “B” licensed premises. This subsection does not authorize the Heritage Hill state park to sell fermented malt beverages at retail or to procure or stock fermented malt beverages for purposes of retail sale. This subsection does not apply if, at any time, the Heritage Hill state park holds a Class “B” license.

AB127,11 Section 11. 125.26 (2x) of the statutes is amended to read:

AB127,,31 125.26 (2x) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition to the authorization specified in sub. (1), a Class “B” license issued under this section also authorizes the licensee to provide fermented malt beverages, including their retail sale, at specific locations within the Ozaukee County fairgrounds for consumption at these locations during special events held at the fairgrounds, if the Ozaukee County board adopts a resolution approving the licensee and if the licensee’s Class “B” licensed premises are located in Ozaukee County. Notwithstanding sub. (1), a licensee may provide fermented malt beverages under this subsection at the Ozaukee County fairgrounds even though the Ozaukee County fairgrounds are not part of the licensee’s licensed premises, as described under sub. (3) (a) in the licensee’s Class “B” license, and even if the Ozaukee County fairgrounds are not located within the municipality that issued the Class “B” license. A licensee that provides fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the fermented malt beverages were provided on the licensee’s Class “B” licensed premises. Notwithstanding s. 125.34 (4) and (5), a wholesaler may deliver fermented malt beverages to the Ozaukee County fairgrounds to a licensee approved by the Ozaukee County board under this subsection and such an approved licensee may transport fermented malt beverages from its licensed premises to the Ozaukee County fairgrounds for purposes of selling the fermented malt beverages at the Ozaukee County fairgrounds. This subsection does not authorize Ozaukee County or any person operating or managing the Ozaukee County fairgrounds to sell fermented malt beverages at retail or to procure or stock fermented malt beverages for purposes of retail sale.

AB127,12 Section 12. 125.26 (3) of the statutes is renumbered 125.26 (3) (a) and amended to read:

AB127,,33 125.26 (3) (a) Class “B” licenses shall particularly describe the premises for which issued and. The premises for a Class “B” license may include, if described in the license application as provided in s. 125.04 (3) (a) 3., parking spaces associated with any structure described as licensed premises in the license application, even if the parking spaces are not contiguous with the remainder of the Class “B” licensed premises.

AB127,,34 (b) Class “B” licenses are not transferable, except as provided in s. 125.04 (12).

AB127,,35 (c) A Class “B” license is subject to revocation for violation of any of the terms or provisions thereof.

AB127,13 Section 13. 125.272 of the statutes is renumbered 125.272 (1) and amended to read:

AB127,,37 125.272 (1) Except as provided in subs. (2) and (3) 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.

AB127,14 Section 14. 125.272 (2) and (3) of the statutes are created to read:

AB127,,39 125.272 (2) (a) In this subsection:

AB127,,40 1. “Record” has the meaning given in s. 137.11 (12).

AB127,,41 2. “Remote delivery 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.

AB127,,42 (b) A retail licensee may process and fill a remote delivery order if all of the following apply:

AB127,,43 1. The licensee holds a retail license issued under s. 125.25 or 125.26, and the fermented malt beverages are sold in original, unopened packages or containers.

AB127,,44 2. The products ordered are delivered to the customer by the licensee, by a delivery service under common ownership with the licensee, or by a 3rd-party delivery service and the licensee, delivery service under common ownership with the licensee, or 3rd-party delivery service holds a permit issued under s. 125.20.

AB127,,45 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.