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.
AB150-engrossed,1484,2523
134.42
(4) (b) The
attorney general
department of agriculture, trade and
24consumer protection and the district attorneys of this state have concurrent
25authority to institute civil proceedings under this section.
AB150-engrossed,1485,72
134.45
(3) (b) A domestic or foreign corporation, association or limited liability
3company exercising any of the powers, franchises or functions of a business entity
4in this state that violates any provision of this section, shall not have the right of, and
5shall be prohibited from, doing business in this state, and the
secretary of state 6department of financial institutions shall revoke its certificate to do business in this
7state.
AB150-engrossed,1485,149
134.68
(5) (a) (intro.) No person may collect or by contract require a buyer to
10pay more than $100 for dating services before the buyer receives or has the
11opportunity to receive those services unless the person selling dating services
12establishes proof of financial responsibility by maintaining any of the following
13commitments approved by the department of
justice
agriculture, trade and
14consumer protection in an amount not less than $25,000:
AB150-engrossed,1485,2216
134.68
(5) (b) The commitment described in par. (a) shall be established in favor
17of or made payable to the state, for the benefit of any buyer who does not receive a
18refund under the contractual provision described in sub. (3). The person selling
19dating services shall file with the department of
justice agriculture, trade and
20consumer protection any agreement, instrument or other document necessary to
21enforce the commitment against the person selling dating services or any relevant
223rd party, or both.
AB150-engrossed,1485,2524
134.68
(7) (a) (intro.) The department of
justice agriculture, trade and
25consumer protection or any district attorney may on behalf of the state:
AB150-engrossed,1486,52
134.68
(7) (b) The department
of justice may bring an action in circuit court to
3recover on a financial commitment maintained under sub. (5) against a person
4selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
5not receive a refund due under the contractual provision described in sub. (3).
AB150-engrossed,1486,137
134.70
(13) (b) 1. (intro.) Except as provided in subd. 3., a center may establish
8proof of financial responsibility required under par. (a) by maintaining an
9established escrow account approved by the department of
justice agriculture, trade
10and consumer protection for all amounts received from buyers in advance of the
11receipt of services or by maintaining any of the following commitments approved by
12the department of
justice agriculture, trade and consumer protection in an amount
13not less than $25,000, subject to subd. 2.:
AB150-engrossed,1486,2015
134.70
(13) (b) 2. The commitment described in subd. 1. shall be established
16in favor of or made payable to the state, for the benefit of any buyer who does not
17receive a refund under sub. (11) (a). The center shall file with the department of
18justice agriculture, trade and consumer protection any agreement, instrument or
19other document necessary to enforce the commitment against the center or any
20relevant 3rd party, or both.
AB150-engrossed,1487,922
134.70
(13) (b) 3. For 6 or more weight reduction centers owned or operated
23under the same trade name, the amount of the financial commitment under pars. (a)
24and (b) for those weight reduction centers is not required to exceed a total of
25$150,000. For a weight reduction center that submits to the department of
justice
1agriculture, trade and consumer protection evidence satisfactory to the department
2of justice that the weight reduction center collected a total of $50,000 or more but less
3than $100,000 from buyers of its center services in the previous calendar year, the
4amount of the financial commitment under pars. (a) and (b) is not required to exceed
5$10,000. For a weight reduction center that submits to the department
of justice 6evidence satisfactory to the department
of justice that the weight reduction center
7collected less than a total of $50,000 from buyers of its center services in the previous
8calendar year, the amount of the financial commitment under pars. (a) and (b) is not
9required to exceed $5,000.
AB150-engrossed,1487,1411
134.70
(15) (a) (intro.) The department of agriculture, trade and consumer
12protection
and the department of justice shall
cooperatively investigate violations of
13this section or s. 134.705 (2) or (4). The department of
justice agriculture, trade and
14consumer protection may on behalf of the state:
AB150-engrossed,1487,1916
134.70
(15) (am) The department of
justice agriculture, trade and consumer
17protection may bring an action in circuit court to recover on a financial commitment
18maintained under sub. (13) against a center or relevant 3rd party, or both, on behalf
19of any buyer who does not receive a refund due under sub. (11) (a).
AB150-engrossed,1488,221
134.71
(12) Applications and forms. The department of
justice agriculture,
22trade and consumer protection shall develop applications and other forms required
23under subs. (5) (intro.) and (8) (c). The department
of justice shall print a sufficient
24number of applications and forms to provide to counties and municipalities for
1distribution to pawnbrokers, secondhand article dealers and secondhand jewelry
2dealers at no cost.
AB150-engrossed,1488,84
134.74
(7) (b) Whoever intentionally violates this section may be fined not more
5than $10,000 or imprisoned for not more than 2 years or both. A person intentionally
6violates this section if the violation occurs after the department of
justice agriculture,
7trade and consumer protection or a district attorney has notified the person by
8certified mail that the person is in violation of this section.
AB150-engrossed,1488,1310
134.74
(8) Enforcement. (intro.) The department of
justice agriculture, trade
11and consumer protection shall investigate violations of this section. The department
12of
justice agriculture, trade and consumer protection or any district attorney may on
13behalf of the state:
AB150-engrossed,1488,1615
134.83
(5) (intro.) The department of
justice agriculture, trade and consumer
16protection or any district attorney may on behalf of the state:
AB150-engrossed,1488,2018
134.83
(6) The department of
justice and the department of agriculture, trade
19and consumer protection shall
cooperate in the investigation of investigate violations
20of and
the enforcement of enforce this section.
AB150-engrossed,1489,222
134.85
(3) (a) The department of
justice agriculture, trade and consumer
23protection on behalf of the state or any person who claims injury as a result of a
24violation of sub. (2) may bring an action for temporary or permanent injunctive relief
1in any circuit court. It is no defense to an action under this paragraph that an
2adequate remedy exists at law.
AB150-engrossed,1489,10
5136.03 (title)
Duties of the department of justice agriculture, trade and
6consumer protection. (1) (intro.) The department of
justice agriculture, trade and
7consumer protection shall investigate violations of this chapter and of rules and
8orders issued under s. 136.04. The department may subpoena persons and records
9to facilitate its investigations, and may enforce compliance with such subpoenas as
10provided in s. 885.12. The department may in behalf of the state:
AB150-engrossed,1489,2013
138.052
(5) (am) 2. a. On January 1, 1994, and annually thereafter, the
14commissioner division of banking for banks, the
commissioner division of savings
15and loan for savings and loan associations and savings banks
, and the
commissioner 16office of credit unions for credit unions shall determine the interest rate that is the
17average of the interest rates paid, rounded to the nearest one-hundredth of a
18percent, on regular passbook deposit accounts by institutions under the
19commissioner's division's or office's jurisdiction at the close of the last quarterly
20reporting period that ended at least 30 days before the determination is made.
AB150-engrossed,1490,323
138.052
(5) (am) 2. b.
Each commissioner The office of credit unions shall report
24the rate calculated to the
commissioner division of savings and loan within 5 days
25after the date on which the determination is made. The
commissioner division of
1savings and loan shall calculate the average, rounded to the nearest one-hundredth
2of a percent, of the 3 rates and report that interest rate to the revisor of statutes
3within 5 days after the date on which the determination is made.
AB150-engrossed,1490,65
138.055
(4) (a) The
commissioner
division of savings and loan, if the lender is
6a savings and loan association or savings bank;
AB150-engrossed,1490,98
138.055
(4) (b) The
commissioner
office of credit unions, if the lender is a credit
9union;
AB150-engrossed,1490,1111
138.055
(4) (d) The
commissioner
division of banking for all other lenders.