AB363,5,109 2. The individual has successfully completed a responsible beverage server
10training course or comparable training course as described in s. 125.04 (5) (a) 5.
AB363,5,1311 (f) A 3rd-party delivery service shall provide to the retail licensee on whose
12behalf the delivery is made an original or duplicate of each age verification record
13required under par. (c) 3.
AB363,5,1714 (g) 1. If a licensee processes and fills a remote order under this subsection, the
15sale of fermented malt beverages occurs at the time the consumer pays for the
16fermented malt beverages, regardless of when the consumer takes possession of the
17fermented malt beverages.
AB363,6,218 2. Notwithstanding s. 125.33 (9), if a 3rd-party delivery service is unable to
19complete delivery of fermented malt beverages to a customer under this subsection,
20the 3rd-party delivery service may return the fermented malt beverages to the
21licensee from which the fermented malt beverages delivery originated and the
22licensee may, in its discretion, cancel the sale of the fermented malt beverages and
23credit the customer's account. Notwithstanding s. 125.33 (9), if a licensee is unable
24to complete delivery of fermented malt beverages to a customer under this

1subsection, the licensee may, in its discretion, cancel the sale of the fermented malt
2beverages and credit the customer's account.
AB363,6,73 (h) 1. Delivery of alcohol beverages under this subsection to an underage person
4shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party
5delivery service or s. 125.07 (1) (a) 2. if delivery is made by a licensee, as well as a
6violation for purposes of s. 125.07 (1) (b) 1., subject to the same defenses that apply
7or would apply to a licensee under s. 125.07 (6).
AB363,6,108 2. Delivery of alcohol beverages under this subsection to a visibly intoxicated
9person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a
103rd-party delivery service or s. 125.07 (2) (a) 2. if delivery is made by a licensee.
AB363,6 11Section 6. 125.51 (6) of the statutes is renumbered 125.51 (6) (a) and amended
12to read:
AB363,6,1613 125.51 (6) (a) Except as provided in par. (b) and subs. (3) (bm), (bs), and (bx)
14and (5) (e) and except with respect to caterers, a retail license or permit issued under
15this section authorizes only face-to-face sales to consumers at the premises
16described in the retail license or permit.
AB363,7 17Section 7. 125.51 (6) (b) of the statutes is created to read:
AB363,6,1818 125.51 (6) (b) 1. In this paragraph:
AB363,6,1919 a. “Record” has the meaning given in s. 137.11 (12).
AB363,6,2020 b. “Remote order” has the meaning given in s. 125.272 (2) (a) 2.
AB363,6,2221 2. A retail licensee may process and fill a remote order if all of the following
22apply:
AB363,6,2423 a. The licensee holds a retail license issued under sub. (2) or issued under sub.
24(3) for a restaurant or grocery store.
AB363,7,4
1b. The products ordered are delivered to the customer by the licensee or by a
23rd-party delivery service that is independent of the licensee and that derives less
3than 50 percent of its annual revenues associated with food and beverage delivery
4from the delivery of alcohol beverages.
AB363,7,65 c. Full payment for the order is made at the time the order is placed and no
6payment, other than a tip, is made at the time of delivery.
AB363,7,87 d. At the time the order is placed, the customer asserts that the customer has
8attained the legal drinking age and is not intoxicated.
AB363,7,109 e. At the time the products ordered are delivered, the individual delivering the
10order complies with subds. 3., 4., and 5.
AB363,7,1311 3. An individual may not deliver alcohol beverages to a customer under this
12paragraph unless the individual making the delivery does all of the following at the
13time of delivery:
AB363,7,1514 a. Prior to transferring possession of the alcohol beverages to the customer,
15confirms the customer receiving delivery is the person who placed the order.
AB363,7,2016 b. Prior to transferring possession of the alcohol beverages to the customer,
17performs an in-person examination of the customer's identification document
18containing proof of age and verifies by visual examination and by using electronic
19scanning technology that the customer receiving delivery of the order has attained
20the legal drinking age.
AB363,7,2121 c. Creates a record of the age verification under subd. 3. b.
AB363,7,2322 4. An individual may not deliver alcohol beverages under this paragraph to a
23person who is visibly intoxicated.
AB363,7,2524 5. An individual may not deliver alcohol beverages to a customer under this
25paragraph unless all of the following apply:
AB363,8,1
1a. The individual has attained the legal drinking age.
AB363,8,32 b. The individual has successfully completed a responsible beverage server
3training course or comparable training course as described in s. 125.04 (5) (a) 5.
AB363,8,64 6. A 3rd-party delivery service shall provide to the retail licensee on whose
5behalf the delivery is made an original or duplicate of each age verification record
6required under subd. 3. c.
AB363,8,97 7. a. If a licensee processes and fills a remote order under this paragraph, the
8sale of intoxicating liquor occurs at the time the consumer pays for the intoxicating
9liquor, regardless of when the consumer takes possession of the intoxicating liquor.
AB363,8,1810 b. Notwithstanding s. 125.69 (6), if a 3rd-party delivery service is unable to
11complete delivery of intoxicating liquor to a customer under this paragraph, the
123rd-party delivery service may return the intoxicating liquor to the licensee from
13which the intoxicating liquor delivery originated and the licensee may, in its
14discretion, cancel the sale of the intoxicating liquor and credit the customer's
15account. Notwithstanding s. 125.69 (6), if a licensee is unable to complete delivery
16of intoxicating liquor to a customer under this paragraph, the licensee may, in its
17discretion, cancel the sale of the intoxicating liquor and credit the customer's
18account.
AB363,8,2319 8. a. Delivery of alcohol beverages under this paragraph to an underage person
20shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party
21delivery service or s. 125.07 (1) (a) 2. if delivery is made by a licensee, as well as a
22violation for purposes of s. 125.07 (1) (b) 1., subject to the same defenses that apply
23or would apply to a licensee under s. 125.07 (6).
AB363,9,3
1b. Delivery of alcohol beverages under this paragraph to a visibly intoxicated
2person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a
33rd-party delivery service or s. 125.07 (2) (a) 2. if delivery is made by a licensee.
AB363,8 4Section 8 . 139.11 (1m) of the statutes is created to read:
AB363,9,75 139.11 (1m) Age verification records for delivered alcohol beverages. (a)
6If 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:
AB363,9,98 1. All age verification records created by the licensee as required under ss.
9125.272 (2) (c) 3. and 125.51 (6) (b) 3. c.
AB363,9,1110 2. All age verification records provided to the licensee by a 3rd-party delivery
11service under ss. 125.272 (2) (f) and 125.51 (6) (b) 6.
AB363,9,1312 (b) A licensee shall retain the records required under par. (a) for one year from
13the date the alcohol beverages are delivered.
AB363,9 14Section 9 . 139.25 (9) of the statutes is amended to read:
AB363,9,1615 139.25 (9) Failure to keep records. Failure to comply with s. 139.11 (1) or (1m)
16shall carry a penalty of revocation by the secretary of revenue of the license or permit.
AB363,9,1717 (End)
Loading...
Loading...