125.535 (2) Annual permit fee. The department division may, by rule, establish an annual fee, not to exceed $100, for each permit issued under this section. All fees collected under this subsection shall be credited to the appropriation account under s. 20.566 (1) (ha).
73,26fxSection 26fx. 125.535 (3) (b) 2. of the statutes is amended to read:
125.535 (3) (b) 2. The winery submits to the department division, with any initial application or renewal for a certificate under s. 73.03 (50) or a permit under par. (a) 3. or 4., a copy of any current license, permit, or authorization issued to the winery by the state from which the winery will ship wine into this state or the winery’s federal basic permit.
73,26fySection 26fy. 125.535 (3) (b) 3. of the statutes is created to read:
125.535 (3) (b) 3. The winery satisfies all requirements under par. (d).
73,26fzSection 26fz. 125.535 (3) (c) of the statutes is amended to read:
125.535 (3) (c) Notwithstanding s. 125.04 (5) (a), natural persons obtaining direct wine 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 eligible for a permit under this section. Corporations and limited liability companies obtaining direct wine shippers’ permits are subject to s. 125.04 (6) and any other person, including any natural person or cooperative, obtaining a direct wine shipper’s permit shall appoint an agent, and be subject to all provisions of s. 125.04 (6), in the same manner applicable to corporations and limited liability companies. Notwithstanding s. 125.04 (5) (a) 2. and (c), an agent appointed under s. 125.04 (6) by a corporation or limited liability company obtaining a direct wine shipper’s permit is not required to be a resident of this state.
73,26gbSection 26gb. 125.535 (3) (d) and (e) of the statutes are created to read:
125.535 (3) (d) 1. Unless the permittee or agent of the permittee appointed under s. 125.04 (6) is a resident of this state, or unless the permittee maintains a registered agent in this state under s. 180.0501, 180.1507, 183.0105, or 183.1007, 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.
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.
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.
(e) The application for a permit under this section shall include a provision that the permittee agrees to do all of the following:
1. File reports, provide records, and allow inspections and examinations to the extent provided in s. 125.025 and ch. 139.
2. Pay the expenses reasonably attributable to inspections and examinations made by the division at any premises of the permittee located outside this state.
3. Accept service of process and consent to jurisdiction in any proceeding in this state to enforce the provisions of this chapter or ch. 139.
73,26gcSection 26gc. 125.535 (7) of the statutes is created to read:
125.535 (7) Shipments through fulfillment house; common carriers. (a) A permittee under this section may arrange with a fulfillment house to ship wine on the permittee’s behalf only if the fulfillment house holds a permit under s. 125.23.
(b) All containers of wine shipped directly to an individual in this state shall be shipped using a common carrier holding a permit issued under s. 125.22.
73,26gdSection 26gd. 125.54 (1) of the statutes is amended to read:
125.54 (1) Authorized activities. The department division shall issue wholesalers’ permits authorizing the permittee to sell, from the premises described in the permit, intoxicating liquor at wholesale to retailers and wholesalers, as well as to manufacturers, rectifiers, and wineries for production purposes. The permittee may not sell intoxicating liquor for consumption on the premises. Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wine brought into this state under s. 139.03 (5).
73,26geSection 26ge. 125.54 (3) of the statutes is amended to read:
125.54 (3) Taste samples on “Class A” retail premises. Wholesalers holding a permit issued under this section, employees of such wholesalers, and individuals representing such wholesalers may not assist or participate in providing taste samples under s. 125.06 (13) (a) or 125.51 (2) (am) or 125.69 (9).
73,26gfSection 26gf. 125.54 (5) of the statutes is amended to read:
125.54 (5) Sales area. No wholesaler may sell any intoxicating liquor before filing with the department division a written statement that the permittee is a distributor of a particular brand in this state, or an area of this state, and that the sales of that brand by the permittee and anyone purchasing from the permittee will be limited to the area specified. The permittee shall notify the department division of any change in the area within 7 days of the effective date of the change.
73,26ggSection 26gg. 125.54 (6) of the statutes is amended to read:
125.54 (6) Multiple permits. Not more than 2 Multiple wholesalers’ permits may be issued to any one person. In each application for a wholesaler’s permit, the applicant shall state that whether application has not been made for more than one any other wholesaler’s permit and shall identify any other wholesaler’s permit held by the applicant.
73,26ghSection 26gh. 125.54 (7) (a) 2. of the statutes is amended to read:
125.54 (7) (a) 2. A permittee under this section shall annually sell and deliver intoxicating liquor to at least 10 retail licensees or permittees that do not have any direct or indirect an interest in each other or in the permittee under this section. The department division shall not issue a permit under this section unless the applicant represents to the department division an intention to satisfy this requirement, and shall not renew a permit issued under this section unless the permittee demonstrates that this requirement has been satisfied.
73,26giSection 26gi. 125.54 (7) (c) 3. of the statutes is amended to read: