SB130,,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.

SB130,,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.

SB130,,46 4. At the time the order is placed, the customer asserts that the customer has attained the legal drinking age and is not intoxicated.

SB130,,47 5. At the time the products ordered are delivered, the individual delivering the order complies with pars. (c), (d), (e), and (f).

SB130,,48 (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:

SB130,,49 1. Prior to transferring possession of the alcohol beverages to the customer, confirms the customer receiving delivery is the person who placed the order.

SB130,,50 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.

SB130,,51 3. Creates a record of the age verification under subd. 2.

SB130,,52 (d) An individual may not deliver alcohol beverages under this subsection to a person who is visibly intoxicated.

SB130,,53 (e) An individual may not deliver alcohol beverages to a customer under this subsection unless all of the following apply:

SB130,,54 1. The individual has attained the legal drinking age.

SB130,,55 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.

SB130,,56 (f) An individual may not deliver fermented malt beverages to a customer under this subsection unless the individual completes the delivery during the following hours:

SB130,,57 1. If the fermented malt beverages were sold by a Class “A” licensee, during hours in which the Class “A” licensee is authorized to sell fermented malt beverages under s. 125.32 (3) (b) or, if more restrictive, during hours established by ordinance by a municipality under s. 125.32 (3) (d).

SB130,,58 2. If the fermented malt beverages were sold by a Class “B” licensee, during hours in which the Class “B” licensee is authorized to sell fermented malt beverages under s. 125.32 (3) (am) or, if more restrictive, during hours established by ordinance by a municipality under s. 125.32 (3) (d).

SB130,,59 (g) A 3rd-party delivery service or delivery service under common ownership with a licensee 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.

SB130,,60 (h) 1. If a licensee processes and fills a remote delivery order under this subsection, the sale of fermented malt beverages occurs at the time the customer pays for the fermented malt beverages, regardless of when the customer takes possession of the fermented malt beverages.

SB130,,61 2. Notwithstanding s. 125.33 (9), if a 3rd-party delivery service or delivery service under common ownership with a licensee is unable to complete delivery of fermented malt beverages to a customer under this subsection, the 3rd-party delivery service or delivery service under common ownership with a licensee shall return the fermented malt beverages to the licensee from which the fermented malt beverages delivery originated and the licensee shall cancel the sale of the fermented malt beverages and may 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 shall cancel the sale of the fermented malt beverages and may credit the customer’s account.

SB130,,62 (i) 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 delivery service under common ownership with a licensee 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).

SB130,,63 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 delivery service under common ownership with a licensee or s. 125.07 (2) (a) 2. if delivery is made by a licensee.

SB130,,64 (j) A person who receives delivery of alcohol beverages under this subsection may not resell the alcohol beverages.

SB130,,65 (k) Alcohol beverages may not be delivered under this subsection to the licensed premises of a Class “A,” “Class A,” Class “B,” “Class B,” or “Class C” licensee.

SB130,,66 (L) Nothing in this subsection limits the discretion of a retail licensee, delivery service under common ownership with a retail licensee, or 3rd-party delivery service to decline in whole or in part to make retail sales by means of remote delivery order, to reject individual remote delivery orders, or to limit, geographically or otherwise, the locations to which remote delivery orders are delivered.

SB130,,67 (m) A retail licensee that processes and fills remote delivery orders may not do any of the following with respect to fermented malt beverages offered for sale and delivery under this subsection:

SB130,,68 1. Enter into any agreement with a brewer, brewpub, or wholesaler that restricts, or gives preference with respect to, the availability of any fermented malt beverage brand on the basis that the fermented malt beverages will be offered for sale and delivery under this subsection.

SB130,,69 2. Charge different prices for fermented malt beverages offered for sale and delivery under this subsection in comparison with the prices charged for the same products sold in a face-to-face transaction under sub. (1). This subdivision does not prohibit the retail licensee from charging an additional fee for delivery.

SB130,,70 (3) (a) In this subsection, “remote pickup order” means an order for the sale of alcohol beverages in original unopened packages or containers, to be picked up at the retailer’s premises, that is placed by telephone or Internet by a customer who asserts at the time of placing the order that he or she has attained the legal drinking age.

SB130,,71 (b) If a Class “A” licensee receives a remote pickup order for fermented malt beverages that the customer will pick up at a parking space that is part of the Class “A” licensed premises, the sale of fermented malt beverages occurs at the time the customer takes possession of the fermented malt beverages at the parking space that is part of the Class “A” licensed premises, regardless of when the customer makes payment for the fermented malt beverages.

SB130,,72 (c) If a Class “B” licensee receives a remote pickup order for fermented malt beverages that the customer will pick up at a parking space that is part of the Class “B” licensed premises, the sale of fermented malt beverages occurs at the time the customer takes possession of the fermented malt beverages at the parking space that is part of the Class “B” licensed premises, regardless of when the customer makes payment for the fermented malt beverages. Notwithstanding s. 125.26 (1), a Class “B” licensee’s sale of fermented malt beverages made by remote pickup order under this paragraph is authorized only for consumption off the licensed premises.