Amendment ASA1-AB100

AB100-ASA1,1335,22 125.12 (5) Revocations or suspensions of, or refusals to renew, permits by the department. The department may, after notice and an opportunity for hearing, revoke, suspend or refuse to renew any retail permit issued by it for the causes provided in sub. (4) and any other permit issued by it under this chapter for any violation of this chapter or ch. 139, except that, for a violation of sub. (4) (ag) 6. with respect to a license issued under s. 125.51 (4) (v), the department shall revoke the license. A revocation, suspension or refusal to renew is a contested case under ch. 227.

AB100-ASA1, s. 2191 Section 2191. 125.17 (6) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1336,5 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body may issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the department of education educational approval board, or unless the applicant fulfills one of the following requirements:

AB100-ASA1, s. 2907dd Section 2907dd. 125.51 (3) (e) of the statutes is renumbered 125.51 (3) (e) 1. and amended to read:

AB100-ASA1,1336,13 125.51 (3) (e) 1. The Except as provided in subds. 2. and 3., the annual fee for a "Class B" license shall be determined established by the municipal governing body and shall be the same for all "Class B" licenses, except that the minimum fee shall be $50 and the maximum fee shall be $500. The minimum fee shall does not apply to licenses issued to bona fide clubs and lodges situated and incorporated in the state for at least 6 years.

AB100-ASA1, s. 2907dh Section 2907dh. 125.51 (3) (e) 2. and 3. of the statutes are created to read:

AB100-ASA1,1336,22 125.51 (3) (e) 2. Each municipal governing body shall establish the fee, in an amount not less than $10,000, for an initial issuance of a reserve "Class B" license, as defined in sub. (4) (a) 4., except that the fee for an initial issuance of a reserve "Class B" license to a bona fide club or lodge situated and incorporated in the state for at least 6 years is the fee established under subd. 1. for such a club or lodge. The fee under this subdivision is in addition to any other fee required under this chapter. The annual fee for renewal of a reserve "Class B" license, as defined in sub. (4) (a) 1., is the fee established under subd. 1.

AB100-ASA1,1336,25 3. Each municipal governing body shall establish the annual fee for a "Class B" license issued under sub. (4) (v). The initial annual fee may be different from the annual fee to renew the license.

AB100-ASA1, s. 2907dp Section 2907dp. 125.51 (4) (a) 2. of the statutes is repealed.

AB100-ASA1, s. 2907dt Section 2907dt. 125.51 (4) (a) 4. of the statutes is created to read:

AB100-ASA1,1337,4 125.51 (4) (a) 4. "Reserve "Class B" license" means a license that is not issued by a municipality on July 1, 1997, and that is counted under par. (br).

AB100-ASA1, s. 2907hd Section 2907hd. 125.51 (4) (am) of the statutes is created to read:

AB100-ASA1,1337,7 125.51 (4) (am) No municipality may issue a license that would cause the municipality to exceed its quota.

AB100-ASA1, s. 2907hh Section 2907hh. 125.51 (4) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1337,10 125.51 (4) (b) (intro.) Except as provided in pars. (c) and (d), the The quota of each municipality is the sum of the following:

AB100-ASA1,1337,13 1g. The number of licenses issued in good faith by the municipality under s. 176.05 (21) (h), 1975 stats., plus whichever of the following is the largest: and in force on July 1, 1997.

AB100-ASA1, s. 2907hp Section 2907hp. 125.51 (4) (b) 1., 2., 3., 4. and 5. and (c) to (u) of the statutes are repealed.

AB100-ASA1, s. 2907ht Section 2907ht. 125.51 (4) (b) 1m. of the statutes is created to read:

AB100-ASA1,1337,18 125.51 (4) (b) 1m. The number of the municipality's reserve "Class B" licenses determined under par. (bm) 3.

AB100-ASA1, s. 2907pd Section 2907pd. 125.51 (4) (bm) of the statutes is created to read:

AB100-ASA1,1337,21 125.51 (4) (bm) The clerk of each municipality shall record the number of licenses:

AB100-ASA1,1337,23 1. Authorized to be issued by the municipality on July 1, 1997, under s. 125.51 (4), 1995 stats.;

AB100-ASA1,1337,24 2. Described in par. (b) 1g.; and

AB100-ASA1,1337,25 3. That are reserve "Class B" licenses.

AB100-ASA1, s. 2907ph Section 2907ph. 125.51 (4) (br) of the statutes is created to read:

AB100-ASA1,1338,5 125.51 (4) (br) The number of reserve "Class B" licenses authorized to be issued by a municipality is 50% of the difference between the number of licenses determined under par. (bm) 1. and under par. (b) 1g., except that if the number so determined is not a whole number the number shall be rounded down to the nearest whole number.

AB100-ASA1, s. 2907pp Section 2907pp. 125.51 (4) (v) of the statutes is created to read:

AB100-ASA1,1338,9 125.51 (4) (v) Notwithstanding par. (am), if a municipality has issued a number of licenses equal to or exceeding its quota, the municipal governing body may issue a license for any of the following:

AB100-ASA1,1338,10 1. A full-service restaurant that has a seating capacity of 300 or more persons.

AB100-ASA1,1338,13 2. A hotel that has 100 or more rooms of sleeping accommodations and that has either an attached restaurant with a seating capacity of 150 or more persons or a banquet room in which banquets attended by 400 or more persons may be held.

AB100-ASA1, s. 2192 Section 2192. 134.72 (1) (a) of the statutes is amended to read:

AB100-ASA1,1338,18 134.72 (1) (a) "Facsimile machine" means a machine that transmits copies of documents by means of a telephone line, telegraph line, microwave, satellite, cellular radio wave, fiber optics, coaxial cable or any other transmission facility or any switching device.

AB100-ASA1, s. 2915g Section 2915g. 137.01 (1) (a) of the statutes is amended to read:

AB100-ASA1,1338,22 137.01 (1) (a) The governor shall appoint notaries public who shall be Wisconsin residents and at least 18 years of age. Applicants who are not attorneys shall file an application with the secretary of state and pay a $15 $20 fee.

AB100-ASA1, s. 2915r Section 2915r. 137.01 (2) (a) of the statutes is amended to read:

AB100-ASA1,1339,4 137.01 (2) (a) Any Wisconsin resident who is licensed to practice law in this state is entitled to a permanent commission as a notary public upon application to the secretary of state and payment of a $15 $50 fee. The application shall include a certificate of good standing from the supreme court, the signature and post-office address of the applicant and an impression of the applicant's official seal, or imprint of the applicant's official rubber stamp.

AB100-ASA1, s. 2193 Section 2193. 139.01 (2g) of the statutes is created to read:

AB100-ASA1,1339,6 139.01 (2g) "Department" means the department of revenue.

AB100-ASA1, s. 2194 Section 2194. 139.01 (2r) of the statutes is created to read:

AB100-ASA1,1339,11 139.01 (2r) "File" means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

AB100-ASA1, s. 2195 Section 2195. 139.01 (5m) of the statutes is created to read:

AB100-ASA1,1339,15 139.01 (5m) "Pay" means mail or deliver funds to the department or, if the department prescribes another method of payment or another destination, use that other method or submit to that other destination.

AB100-ASA1, s. 2196 Section 2196. 139.01 (9m) of the statutes is created to read:

AB100-ASA1,1339,18 139.01 (9m) "Sign" means write one's signature or, if the department prescribes another method of authenticating, use that other method.

AB100-ASA1, s. 2197 Section 2197. 139.03 (2x) (a) of the statutes is amended to read:

AB100-ASA1,1340,3 139.03 (2x) (a) Floor tax imposed. On the date tax rate changes become effective under this section a floor tax is imposed upon every manufacturer, rectifier, wholesaler and retailer who is in possession of any intoxicating liquor held for resale on which the intoxicating liquor tax already has been imposed. The person shall determine the volume of that intoxicating liquor and shall file with the department of revenue a return by the 15th day of the month following the month in which the new tax rate becomes effective a return, together with and shall pay any tax due on it, as determined under par. (b). The department of revenue shall provide the returns required under this subsection.

AB100-ASA1, s. 2198 Section 2198. 139.05 (1) of the statutes is amended to read:

AB100-ASA1,1340,7 139.05 (1) The tax imposed in s. 139.02 shall be paid to the department on or before the fifteenth 15th day of the month following the month in which such malt beverages are first sold in this state or shipped into this state.

AB100-ASA1, s. 2199 Section 2199. 139.05 (2a) of the statutes is amended to read:

AB100-ASA1,1340,19 139.05 (2a) For the purposes of subs. (1) and (2), the The payments and returns therein referred to shall be considered under subs. (1) and (2) that are mailed are furnished, filed or made on time, and payments therein referred to shall be considered are timely made, if mailed in a properly addressed envelope, with first class postage duly prepaid, which envelope is officially postmarked before midnight on the date prescribed for such furnishing, filing or making of such payment, provided such statement, return or payment is actually received by the secretary of revenue or at the destination that the department prescribes within 5 days of the prescribed date. Payments and returns that are not mailed are timely if they are received on or before the due date by the department or at the destination that the department prescribes.

AB100-ASA1, s. 2200 Section 2200. 139.05 (4) of the statutes is amended to read:

AB100-ASA1,1341,6 139.05 (4) In order to ensure the payment of the tax under s. 139.02 together with all interest and penalties thereon, all persons required to make returns and payment of such tax shall first either deposit with the secretary security in the amount, and of a type, determined by the secretary or enter into a surety bond with corporate surety, both bond and surety to be approved by the secretary. The secretary shall require a bond in total amount equal to twice the taxpayer's estimated maximum monthly tax, ascertained in such manner as the secretary deems proper, and the secretary may increase or reduce the amount of the bond, except that the amount of such bond required of any one taxpayer shall not be less than $1,000 nor more than $100,000. These bonds shall be filed with the secretary. The state shall not pay interest on security placed with the secretary.

AB100-ASA1, s. 2201 Section 2201. 139.05 (7) (b) of the statutes is amended to read:

AB100-ASA1,1341,18 139.05 (7) (b) Such license shall be issued by the secretary to persons who hold a valid certificate issued under s. 73.03 (50). The application for such license shall be verified and shall contain an agreement on the part of the brewer that the brewer shall observe all laws of this state relating to fermented malt beverages, and such other information and statements as the secretary may require. Any such brewer who has, directly or indirectly, violated any law of this state relating to fermented malt beverages shall not be entitled to such a license. The secretary may require the applicant to furnish and file a bond to be approved by the secretary payable to the state in an amount not less than $1,000 nor more than $5,000 conditioned upon the faithful compliance by the applicant with the undertakings set forth in the application for the license.

AB100-ASA1, s. 2202 Section 2202. 139.06 (1) (c) of the statutes is amended to read:

AB100-ASA1,1341,22 139.06 (1) (c) Each person subject to the tax under s. 139.03 shall file an information report prescribed by the secretary on the dates prescribed by the secretary.

AB100-ASA1, s. 2203 Section 2203. 139.06 (2) (a) and (b) of the statutes are amended to read:

AB100-ASA1,1342,6 139.06 (2) (a) The taxes on wine containing not in excess of 21% of alcohol by volume shall be paid to and a monthly return filed with the department on or before the 15th of the month following the month in which tax liability is incurred. Tax liability is incurred by the shipper when wine is shipped into the state. In the case of wine produced or bottled within the state and wine imported directly from a foreign country into the state by a Wisconsin permittee or winery licensee, tax liability is incurred by the permittee or winery licensee at the time of first sale within the state.

AB100-ASA1,1342,13 (b) All persons required to file a return and pay intoxicating liquor taxes shall first provide security in the amount, at the time and of the type required by the department of revenue or enter into a surety bond with a corporate surety to secure payment of the tax with bond and surety to be approved by the department. Such bond shall be twice the department's estimate of the taxpayer's maximum monthly tax liability but shall not be less than $1,000 nor more than $100,000. The bonds shall be filed with the department.

AB100-ASA1, s. 2204 Section 2204. 139.06 (3) of the statutes is amended to read:

AB100-ASA1,1342,21 139.06 (3) In shipping intoxicating liquor in bulk for the purpose of bottling or rectifying to a rectifier located within the state, the manufacturer shall securely affix thereto a label or statement, in such form as is prescribed by the secretary, reciting that the shipment is made for the purpose of bottling or rectifying. Each manufacturer making such shipments shall file an information report with the secretary as the secretary prescribes, showing that shows the dates and quantities of shipments and the name and address of each consignee.

AB100-ASA1, s. 2205 Section 2205. 139.096 of the statutes is amended to read:

AB100-ASA1,1343,8 139.096 Failure to file. If any taxpayer required to file any return fails to do so within the time prescribed, the taxpayer shall, on the written demand of the department, file the return within 20 days after the mailing of it the demand and at the same time pay the tax due on its basis. If the taxpayer fails within that time to file the return, the department shall prepare the return from its own knowledge and from the information that it obtains and on that basis shall assess a tax, which shall be paid within 10 days after the department has mailed to the taxpayer a written notice of the amount and a demand for its payment. In any action or proceeding in respect to the assessment, the taxpayer shall have the burden of establishing the incorrectness or invalidity of any return or assessment made by the department because of the failure of the taxpayer to make file a return.

AB100-ASA1, s. 2206 Section 2206. 139.11 (2) of the statutes is amended to read:

AB100-ASA1,1343,20 139.11 (2) Report. Each brewer, bottler, manufacturer, rectifier and wholesaler shall on or before the 15th day of each calendar month or the dates prescribed by the secretary make file a verified report to the department of revenue of all fermented malt beverages or intoxicating liquor manufactured, received, sold, delivered or shipped by him or her during the preceding calendar month, except that the department may allow wholesale, winery and out-of-state shipper permittees whose tax liability is less than $500 per quarter to file on a quarterly basis. Quarterly reports shall be mailed filed on or before the 15th of the next month following the close of the calendar quarter. Such report shall be made upon forms furnished by the department of revenue and shall contain the information it deems necessary for the collection and enforcement of the tax.

AB100-ASA1, s. 2207 Section 2207. 139.30 (4m) of the statutes is created to read:

AB100-ASA1,1343,25 139.30 (4m) "File" means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

AB100-ASA1, s. 2208 Section 2208. 139.30 (8m) of the statutes is created to read:

AB100-ASA1,1344,4 139.30 (8m) "Pay" means mail or deliver funds to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

AB100-ASA1, s. 2209 Section 2209. 139.30 (12m) of the statutes is created to read:

AB100-ASA1,1344,7 139.30 (12m) "Sign" means write one's signature or, if the department prescribes another method of authenticating, use that other method.

AB100-ASA1, s. 2210 Section 2210. 139.31 (1) (a) of the statutes is amended to read:

AB100-ASA1,1344,10 139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 22 30 mills on each cigarette.

AB100-ASA1, s. 2211 Section 2211. 139.31 (1) (b) of the statutes is amended to read:

AB100-ASA1,1344,13 139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 44 60 mills on each cigarette.

AB100-ASA1, s. 2212 Section 2212. 139.315 (1) of the statutes is amended to read:

AB100-ASA1,1344,25 139.315 (1) Inventory tax imposed. On the effective date of any increase in the sum of the rates under s. 139.31 (1) (a) and (c) or in the sum of the rates under s. 139.31 (1) (b) and (d), an inventory tax is imposed upon cigarettes held in inventory for sale or resale on which the cigarette tax has been paid at the prior rate and upon unaffixed stamps in the possession of distributors. Any person who is in possession of any such cigarettes or unaffixed stamps is liable for payment of shall pay the tax imposed under this section. Any person liable for this tax shall determine the number of cigarettes and unaffixed stamps in the person's possession on the effective date of the increase, and by the 15th day after the effective date of the increase the person shall file with the department a return on a form provided by the department and shall by that date pay to the department the tax due.

AB100-ASA1, s. 2213 Section 2213. 139.315 (4) of the statutes is amended to read:

AB100-ASA1,1345,8 139.315 (4) Late filing fee. Any person who fails to file a cigarette inventory tax return when due shall pay a late filing fee of $10. A return that is mailed is timely filed if it is mailed in a properly addressed envelope with 1st class postage prepaid, if the envelope is postmarked on the due date and if the return is actually received by the department or at the destination that the department prescribes within 5 days of the due date. A return that is not mailed is timely if it is received on or before the due date by the department or at the destination that the department prescribes.

AB100-ASA1, s. 2214 Section 2214. 139.32 (1) of the statutes is amended to read:

AB100-ASA1,1345,18 139.32 (1) The tax imposed by s. 139.31 (1) shall be paid by purchase of stamps from the department. The department may require any person who makes a payment of $20,000 or more to do so electronically. To evidence the payment, the department shall provide stamps. A person who has paid the tax shall affix stamps of the proper denomination shall be affixed to each package in which cigarettes are packed, prior to the first sale within this state. First sale does not include a sale by a manufacturer to a distributor or by a distributor to a permittee who has obtained department approval as provided for in s. 139.321 (1) (a) 2. The tax shall be paid only once on each package or container.

AB100-ASA1, s. 2962g Section 2962g. 139.32 (5) of the statutes is amended to read:

AB100-ASA1,1345,21 139.32 (5) Manufacturers and distributors having a permit from the secretary may purchase stamps at a discount of 2.0% 1.6%.

AB100-ASA1, s. 2962h Section 2962h. 139.32 (5) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1,1345,25 139.32 (5) Manufacturers and distributors having a permit from the secretary shall receive a discount of 1.6% of the tax.

AB100-ASA1, s. 2215 Section 2215. 139.33 (3) of the statutes is amended to read:

AB100-ASA1,1346,14 139.33 (3) No person other than a licensed distributor may import into this state more than 400 cigarettes on which the excise tax imposed by s. 139.31 has not been paid and the container of which does not bear proper stamps. Within 15 days, any such person importing cigarettes shall file with the department a declaration of such cigarettes imported and shall remit therewith the tax on such cigarettes imposed by this section. Members of the armed forces shall not be required to report or pay the tax on cigarettes in their possession if such cigarettes are issued to them by the U.S. government or any of its subdivisions or were purchased in any armed forces post exchange or service store. If the use tax imposed by this section is not paid when due, it shall become delinquent and the person liable for it shall pay, in addition, a penalty of $25 for each 200 cigarettes. Interest on the delinquent tax and penalty shall accrue at the rate of 1.5% per month or each fraction of a month from the date the tax became due until paid.

AB100-ASA1, s. 2216 Section 2216. 139.34 (1) (a) of the statutes is amended to read:

AB100-ASA1,1346,23 139.34 (1) (a) It is unlawful for any No person to may manufacture cigarettes in this state or sell cigarettes in this state as a distributor, jobber, vending machine operator or multiple retailer and no person shall may operate a warehouse in this state for the storage of cigarettes for another person without first filing an application for and obtaining the proper permit to perform such operations from the department of revenue. The application for a permit and the permit shall be in the form prescribed by the department and the application form shall require such information as is necessary to administer this section.