(b) 1. In this paragraph:
a. “Record” has the meaning given in s. 137.11 (12).
b. “Remote order” has the meaning given in s. 125.272 (2) (a) 2.
2. A retail licensee may process and fill a remote order if all of the following 22
a. The licensee holds a retail license issued under sub. (2) or issued under sub. 24
(3) for a restaurant or grocery store.
b. The products ordered are delivered to the customer by the licensee or by a 2
3rd-party delivery service that is independent of the licensee and that derives less 3
than 50 percent of its annual revenues associated with food and beverage delivery 4
from the delivery of alcohol beverages.
c. Full payment for the order is made at the time the order is placed and no 6
payment, other than a tip, is made at the time of delivery.
d. At the time the order is placed, the customer asserts that the customer has 8
attained the legal drinking age and is not intoxicated.
e. At the time the products ordered are delivered, the individual delivering the 10
order complies with subds. 3., 4., and 5.
3. An individual may not deliver alcohol beverages to a customer under this 12
paragraph unless the individual making the delivery does all of the following at the 13
time of delivery:
a. Prior to transferring possession of the alcohol beverages to the customer, 15
confirms the customer receiving delivery is the person who placed the order.
b. Prior to transferring possession of the alcohol beverages to the customer, 17
performs an in-person examination of the customer's identification document 18
containing proof of age and verifies by visual examination and by using electronic 19
scanning technology that the customer receiving delivery of the order has attained 20
the legal drinking age.
c. Creates a record of the age verification under subd. 3. b.
4. An individual may not deliver alcohol beverages under this paragraph to a 23
person who is visibly intoxicated.
5. An individual may not deliver alcohol beverages to a customer under this 25
paragraph unless all of the following apply:
a. The individual has attained the legal drinking age.
b. The individual has successfully completed a responsible beverage server 3
training course or comparable training course as described in s. 125.04 (5) (a) 5.
6. A 3rd-party delivery service shall provide to the retail licensee on whose 5
behalf the delivery is made an original or duplicate of each age verification record 6
required under subd. 3. c.
7. a. If a licensee processes and fills a remote order under this paragraph, the 8
sale of intoxicating liquor occurs at the time the consumer pays for the intoxicating 9
liquor, regardless of when the consumer takes possession of the intoxicating liquor.
b. Notwithstanding s. 125.69 (6), if a 3rd-party delivery service is unable to 11
complete delivery of intoxicating liquor to a customer under this paragraph, the 12
3rd-party delivery service may return the intoxicating liquor to the licensee from 13
which the intoxicating liquor delivery originated and the licensee may, in its 14
discretion, cancel the sale of the intoxicating liquor and credit the customer's 15
account. Notwithstanding s. 125.69 (6), if a licensee is unable to complete delivery 16
of intoxicating liquor to a customer under this paragraph, the licensee may, in its 17
discretion, cancel the sale of the intoxicating liquor and credit the customer's 18
8. a. Delivery of alcohol beverages under this paragraph to an underage person 20
shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party 21
delivery service or s. 125.07 (1) (a) 2. if delivery is made by a licensee, as well as a 22
violation for purposes of s. 125.07 (1) (b) 1., subject to the same defenses that apply 23
or would apply to a licensee under s. 125.07 (6).
b. Delivery of alcohol beverages under this paragraph to a visibly intoxicated 2
person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a 3
3rd-party delivery service or s. 125.07 (2) (a) 2. if delivery is made by a licensee.
139.11 (1m) of the statutes is created to read:
139.11 (1m) Age verification records for delivered alcohol beverages.
If a retail licensee processes and fills a remote order under s. 125.272 (2) or 125.51 7
(6) (b), the records required under sub. (1) shall include all of the following:
1. All age verification records created by the licensee as required under ss. 9
125.272 (2) (c) 3. and 125.51 (6) (b) 3. c.
2. All age verification records provided to the licensee by a 3rd-party delivery 11
service under ss. 125.272 (2) (f) and 125.51 (6) (b) 6.
(b) A licensee shall retain the records required under par. (a) for one year from 13
the date the alcohol beverages are delivered.
139.25 (9) of the statutes is amended to read:
139.25 (9) Failure to keep records.
Failure to comply with s. 139.11 (1) or (1m) 16
shall carry a penalty of revocation by the secretary of revenue of the license or permit.