AB150-engrossed,1472,2117
121.91
(4) (a) 3. If responsibility for providing a service is transferred from one
18school board to another under subds. 1. and 2., the department shall ensure that the
19amount of the decrease in the former school district's limit under sub. (2m) shall be
20equal to or greater than the amount of the increase in the latter school district's limit
21under sub. (2m).
AB150-engrossed,1473,323
121.91
(4) (d) If a school district's revenue in the preceding school year was less
24than the limit under sub. (2) or (2m) in the preceding school year, the limit otherwise
25applicable to the school district's revenue in the current school year under sub. (2m)
1is increased by an amount equal to 75% of the difference between the amount of its
2revenue in the preceding school year and the amount of the limit in the preceding
3school year under sub. (2) or (2m).
AB150-engrossed,1473,84(e) If a school district receives less aid under
20 USC 7701 to
7703 in the
51994-95 school year or in any school year thereafter than it received in the previous
6school year, the limit otherwise applicable to the school district's revenue in the
7following school year under sub. (2m) is increased by an amount equal to the
8reduction in such aid.
AB150-engrossed,1473,1710
121.91
(5) (a) Upon request by a school board, the
state superintendent 11department may increase the school district's limit under sub. (1) by the amount
12necessary to allow the school district to avoid increasing its level of short-term
13borrowing over the amount of short-term borrowing incurred by the school district
14in the 1992-93 school year if the school district presents clear and convincing
15evidence of the need for the increase in the limit. The school board shall provide the
16state superintendent department with any information that the
state
17superintendent department requires to make
his or her the determination.
AB150-engrossed, s. 4117b
18Section 4117b. 125.04 (11) (a) 1. of the statutes is renumbered 125.04 (11) (a)
19and amended to read:
AB150-engrossed,1473,2120
125.04
(11) (a)
Permits. Retail All permits to sell alcohol beverages shall expire
21on June 30 of each year as specified in the valid certificate issued under s. 73.03 (50).
AB150-engrossed,1474,424
125.19
(2) Eligibility. Alcohol beverage warehouse permits may be issued
only 25to
any a person
who holds a valid certificate issued under s. 73.03 (50) and is qualified
1under s. 125.04 (5), except a person acting as an agent for or in the employ of another.
2Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a
3responsible beverage server training course to be eligible for a permit under this
4section.
AB150-engrossed,1474,157
125.27
(1) (a) The department shall issue Class "B" permits to clubs
holding
8a valid certificate issued under s. 73.03 (50) that are operated solely for the playing
9of golf or tennis and are commonly known as country clubs and to clubs that are
10operated solely for curling, ski jumping or yachting, if the club is not open to the
11general public and if no Class "B" licenses are issued by the governing body of the
12municipality in which the club is located. A Class "B" permit authorizes retail sales
13of fermented malt beverages to be consumed on the premises where sold. Persons
14holding a Class "B" permit may sell beverages containing less than 0.5% of alcohol
15by volume without obtaining a license under s. 66.053 (1).
AB150-engrossed,1474,2218
125.27
(2) (a) 1. (intro.) The department may issue a Class "B" permit to any
19person
who holds a valid certificate issued under s. 73.03 (50) and who is qualified
20under s. 125.04 (5) authorizing the sale of fermented malt beverages for consumption
21on any vessel having a regular place of mooring located in any waters of this state
22as defined under s. 29.01 (9) and (11) if any of the following applies:
AB150-engrossed,1475,5
1125.275
(1) The department may issue an industrial fermented malt beverages
2permit which authorizes the permittee to purchase and use fermented malt
3beverages for industrial purposes only. Such permits may be issued only to persons
4who prove to the department that they use alcohol for industrial purposes
and who
5holds a valid certificate issued under s. 73.03 (50).
AB150-engrossed,1475,148
125.29
(1) Permit. No person may operate as a brewer unless that person
9obtains a permit from the department. Each wholesaler required to register under
10s. 139.09 shall obtain a permit under this subsection.
The fee for a permit under this
11subsection is $25, and that permit is valid for 2 years, except that, if a person applies
12for the permit after the beginning of the permit period, the permit is valid until the
13end of the permit period A permit under this section may only be issued to a person
14who holds a valid certificate issued under s. 73.03 (50).
AB150-engrossed,1475,2316
125.30
(3) Out-of-state shippers' permits may be issued
only to
any a person
17who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s.
18125.04 (5). Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state
19shippers' permits are not required to be residents of this state. Notwithstanding s.
20125.04 (5) (a) 5., a person is not required to complete a responsible beverage server
21training course to be qualified for a permit under this section. Notwithstanding s.
22125.04 (6), corporations or limited liability companies obtaining out-of-state
23shippers' permits are not required to appoint agents.
AB150-engrossed,1476,42
125.51
(4) (t) 2. No license may be issued under subd. 1. after the effective date
3of this subdivision .... [revisor inserts date], but a license issued under subd. 1. before
4the effective date of this subdivision .... [revisor inserts date], may be renewed.
AB150-engrossed,1476,96
125.51
(4) (u) 1. Notwithstanding the quota of a municipality, its governing
7body may issue a license to a corporation that holds a Class "B" license, a "Class C"
8license and a "Class A" license since January 1, 1992, if the licenses are issued by that
9governing body.
AB150-engrossed,1476,1410
2. No license may be issued under subd. 1. after September 1, 1995, or 30 days
11after the effective date of this subdivision .... [revisor inserts date], whichever is later,
12but a license issued under subd. 1. on or before September 1, 1995, or on or before 30
13days after the effective date of this subdivision .... [revisor inserts date], whichever
14is later, may be renewed.
AB150-engrossed,1477,316
125.51
(5) (a) 1. The department shall issue "Class B" permits to clubs
which 17that are operated solely for the playing of golf or tennis and are commonly known as
18country clubs and to clubs which are operated solely for curling, ski jumping or
19yachting. A "Class B" permit may be issued only to a club
that holds a valid certificate
20issued under s. 73.03 (50), that is not open to the general public and that is located
21in a municipality that does not issue "Class B" licenses or to a club located in a
22municipality that issues "Class B" licenses, if the club
holds a valid certificate issued
23under s. 73.03 (50), is not open to the general public, was not issued a license under
24s. 176.05 (4a), 1979 stats., and does not currently hold a "Class B" license. The
25permits may be issued by the department without regard to any local option
1exercised under s. 125.05 and without regard to any quota under sub. (4). The holder
2of a "Class B" permit may sell intoxicating liquor for consumption by the glass and
3not in the original package or container on the premises covered by the permit.
AB150-engrossed,1477,115
125.51
(5) (a) 4. The department may annually issue a "Class B" permit to any
6club
that holds a valid certificate issued under s. 73.03 (50), is organized to engage
7in sports similar to curling, golf, tennis or yachting
which and that held a license from
8July 1, 1950, to June 30, 1951, as long as it is continuously operated under
9substantially the same circumstances under which it operated during the year
10beginning July 1, 1950, if the club is located in a municipality that does not issue
11"Class B" licenses.
AB150-engrossed,1477,2014
125.51
(5) (b) 2. The department shall issue a "Class B" permit to a
15concessionaire
conducting that holds a valid certificate issued under s. 73.03 (50) and
16that conducts business in an operating airport or public facility, if the county or
17municipality which owns the airport or public facility has, by resolution of its
18governing body, annually applied to the department for the permit. The permit
19authorizes the sale of intoxicating liquor for consumption by the glass and not in the
20original package or container on the premises.
AB150-engrossed,1478,1523
125.51
(5) (c) 1. The department may issue a "Class B" permit to any person
24who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s.
25125.04 (5) authorizing the sale of intoxicating liquor for consumption on any vessel
1having a regular place of mooring located in any waters of this state as defined under
2s. 29.01 (9) and (11) if the vessel either serves food and has an approved passenger
3capacity of not less than 40 individuals and the sale of intoxicating liquor and
4fermented malt beverages on the vessel accounts for less than 50% of the gross
5receipts of all of the food and beverages served on the vessel or if the vessel has an
6approved passenger capacity of at least 100 individuals and the sale of intoxicating
7liquor and fermented malt beverages on the vessel accounts for less than 50% of the
8gross receipts of the vessel. The department may issue the permit only if the vessel
9leaves its place of mooring while the sale of intoxicating liquor is taking place and
10if the vessel fulfills the requirement under par. (c) 1m. A permit issued under this
11subdivision also authorizes the permittee to store intoxicating liquor purchased for
12sale on the vessel on premises owned or leased by the permittee and located near the
13vessel's regular place of mooring. The permittee shall describe on the permit
14application under s. 125.04 (3) (a) 3 the premises where the intoxicating liquor will
15be stored. The premises shall be open to inspection by the department upon request.
AB150-engrossed,1478,2418
125.52
(3) Persons eligible. Except as provided under s. 125.69, a
19manufacturer's or rectifier's permit may be issued to any person
who holds a valid
20certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except
21a foreign corporation, a foreign limited liability company or a person acting as an
22agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person
23is not required to complete a responsible beverage server training course to be
24eligible for a permit under this section.
AB150-engrossed,1479,113
125.53
(1) The department shall issue only to a manufacturing winery in this
4state
that holds a valid certificate issued under s. 73.03 (50) a winery permit
5authorizing the manufacture and bottling of wine on the premises covered by the
6permit for sale at wholesale to other licensees or permittees. A permittee under this
7section may offer on the premises taste samples of wine manufactured on the
8premises to persons who have attained the legal drinking age. A permittee under
9this section may also have either a "Class A" or "Class B" license, but not both. If a
10"Class A" or "Class B" liquor license has also been issued to the winery, the winery
11may offer the taste samples on the "Class A" or "Class B" premises.
AB150-engrossed,1479,2014
125.54
(2) Persons eligible. Except as provided under s. 125.69, a wholesaler's
15permit may be issued to any person
who holds a valid certificate issued under s. 73.03
16(50) and who is qualified under s. 125.04 (5), except a foreign corporation, a foreign
17limited liability company or a person acting as an agent for or in the employ of
18another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete
19a responsible beverage server training course to be eligible for a permit under this
20section.
AB150-engrossed,1480,9
1125.58
(2) Out-of-state shippers' permits may be issued
only to
any a person
2except who holds a valid certificate issued under s. 73.03 (50), but may not be issued
3to a person acting as an agent for or in the employ of another. Notwithstanding s.
4125.04 (5) (a), natural persons obtaining out-of-state shippers' permits are not
5required to be residents of this state. Notwithstanding s. 125.04 (5) (a) 5., a person
6is not required to complete a responsible beverage server training course to be
7eligible for a permit under this section. Notwithstanding s. 125.04 (6), corporations
8or limited liability companies obtaining out-of-state shippers' permits are not
9required to appoint agents.
AB150-engrossed,1480,1612
125.60
(2) Wholesale alcohol permits may be issued to any person
who holds
13a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5),
14except a person acting as an agent for or in the employ of another. Notwithstanding
15s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server
16training course to be qualified for a permit under this section.
AB150-engrossed,1480,2319
125.62
(2) Industrial alcohol permits may be issued to any person
who holds
20a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5),
21except a person acting as agent for or in the employ of another. Notwithstanding s.
22125.04 (5) (a) 5., a person is not required to complete a responsible beverage server
23training course to be qualified for a permit under this section.
AB150-engrossed,1481,5
1125.63
(2) Industrial wine permits may be issued to any person
who holds a
2valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5),
3except a person acting as an agent for or in the employ of another. Notwithstanding
4s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server
5training course to be qualified for a permit under this section.
AB150-engrossed,1481,108
125.65
(2) Permits for wholesale sale for future delivery may be issued to any
9person
who holds a valid certificate issued under s. 73.03 (50), who is qualified under
10s. 125.04 (5) (a) 1. and (b)
and who is at least 18 years of age.
AB150-engrossed,1481,1513
125.66
(4) Notwithstanding sub. (1) and s. 125.04 (1), a "Class A" licensee who
14sells intoxicating liquor to a "Class B" licensee for resale may be fined not more than
15$100.
AB150-engrossed,1481,2017
125.69
(6) Campuses and retailers to purchase from persons holding permits.
18(a) No campus or retail licensee or permittee may purchase or possess intoxicating
19liquor purchased from any person other than a manufacturer, rectifier or wholesaler
20holding a permit under this chapter for the sale of intoxicating liquor.
AB150-engrossed,1482,2
21(b) Any person who violates
this subsection may par. (a), if the total volume of
22intoxicating liquor purchased or possessed by that person in one month is 12 liters
23or less, may be required to forfeit not more than $100. A person who purchases or
24possesses more than 12 liters of intoxicating liquor in one month in violation of par.
1(a) shall be fined not
less than $1,000 nor more than $10,000
or imprisoned for not
2more than 9 months or both.
AB150-engrossed,1482,74
125.69
(6) (c) Notwithstanding par. (b), a "Class B" licensee who purchases
5intoxicating liquor from a "Class A" licensee for resale or who possesses intoxicating
6liquor purchased from a "Class A" licensee for resale may be fined not more than
7$100.
AB150-engrossed,1482,149
132.13
(2) It shall be the duty of the
department of industry, labor and human
10relations and of the district attorneys of the several counties to enforce this section,
11whenever any complaint or other evidence leads them to reasonably believe that this
12section has been violated. The district attorney shall upon receipt of such complaint
13or other evidence at once institute proper legal proceedings to compel compliance
14therewith.
AB150-engrossed,1483,3
16133.12 Domestic and foreign corporations and limited liability
17companies; cancellation of charters or certificates of authority for
18restraining trade; affidavit. Any corporation or limited liability company
19organized under the laws of this state or foreign corporation or foreign limited
20liability company authorized to transact business in this state pursuant to a
21certificate of authority from the
secretary of state
department of financial
22institutions which violates any provision of this chapter, may, upon proof thereof, in
23any circuit court have its charter or authority to transact business in this state
24suspended, canceled or annulled. Every corporation or limited liability company
25shall, in its annual report filed with the
secretary of state department of financial
1institutions, show whether it has entered into any contract, combination in the form
2of trust or otherwise, or conspiracy in restraint of trade or commerce. The
3department of justice shall enforce this section.
AB150-engrossed,1484,6
5133.16 Injunction; pleading; practice. Any circuit court may prevent or
6restrain, by injunction or otherwise, any violation of this chapter. The department
7of justice, any district attorney or any person by complaint may institute actions or
8proceedings to prevent or restrain a violation of this chapter, setting forth the cause
9and grounds for the intervention of the court and praying that such violation,
10whether intended or continuing be enjoined or prohibited. When the parties
11informed against or complained of have been served with a copy of the information
12or complaint and cited to answer it, the court shall proceed, as soon as may be in
13accordance with its rules, to the hearing and determination of the case; and pending
14the filing of the answer to such information or complaint may, at any time, upon
15proper notice, make such temporary restraining order or prohibition as is just.
16Whenever it appears to the court that the ends of justice require that other persons
17be made parties to the action or proceeding the court may cause them to be made
18parties in such manner as it directs.
Where The party commencing or maintaining 19the action or proceeding
is brought and maintained by a private party, that party may
20demand and recover the cost of suit including reasonable attorney fees.
In an action
21commenced by the department of justice, the court may award the department of
22justice the costs of investigation and an amount reasonably necessary to remedy the
23harmful effects of the violation. The department of justice shall deposit in the state
24treasury for deposit in the general fund all moneys that the court awards to the
25department or the state under this section. Ten percent of the money deposited in
1the general fund that was awarded under this section for the costs of investigation
2and the costs of suit, including attorney fees, shall be credited to the appropriation
3account under s. 20.455 (1) (gh). All of the money deposited in the general fund that
4was awarded under this section to remedy the harmful effects of the violation shall
5be credited to the appropriation account under s. 20.455 (1) (gm). Copies of all
6pleadings filed under this section shall be served on the department of justice.
AB150-engrossed,1484,128
134.22
(4) (intro.) The department of
justice agriculture, trade and consumer
9protection shall investigate violations of this section. The department of
justice 10agriculture, trade and consumer protection, or any district attorney
, upon informing
11the department of
justice agriculture, trade and consumer protection, may, on behalf
12of the state, do any of the following:
AB150-engrossed,1484,2114
134.22
(4) (a) Bring an action for temporary or permanent injunctive relief in
15any court of competent jurisdiction for any violation of this section. The relief sought
16by the department of
justice agriculture, trade and consumer protection or district
17attorney may include the payment by a promoter into an escrow account of an
18amount estimated to be sufficient to pay for ticket refunds. The court may, upon
19entry of final judgment, award restitution when appropriate to any person suffering
20loss because of violations of this section if proof of such loss is submitted to the
21satisfaction of the court.