SECTION 2906mr. 125.12 (4) (ag) 2. and 3. of the statutes are repealed.
SECTION 2906mt. 125.12 (4) (b) of the statutes is amended to read:
125.12 (4) (b) Procedure on hearing. If the licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true and if the court finds the allegations sufficient, it shall order the license either suspended for not more than 90 days or revoked, except that, for allegations under par. (ag) 6. with respect to a license issued under s. 125.51 (4) (v), it shall order the license revoked. The clerk of the court shall give notice of the suspension or revocation to the person whose license is suspended or revoked. If the licensee appears and answers the complaint, the court shall fix a date for the hearing not more than 30 days after the return date of the summons. The hearing shall be had before the court without a jury. If upon the hearing the court finds the allegations of the complaint to be true, it shall order the license either suspended for not more than 90 days or revoked, except that, if upon the hearing the court finds allegations under par. (ag) 6. to be true with respect to a license issued under s. 125.51 (4) (v), the court shall order that license revoked. If the court finds the allegations of the complaint to be untrue, the complaint shall be dismissed.
SECTION 2906mv. 125.12 (5) of the statutes is amended to read:
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.
SECTION 2906r. 125.17 (1) of the statutes is amended to read:
125.17 (1) AUTHORIZATION. Every municipal governing body may shall issue operators' licenses an operator's license to any applicant who is qualified under s. 125.04 (5). Operators' licenses may not be required other than for the purpose of complying with ss. 125.32 (2) and 125.68 (2). Operators' licenses may be issued only upon written application.
SECTION 2907. 125.17 (6) (a) (intro.) of the statutes is amended to read:
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:
SECTION 2907dd. 125.51 (3) (e) of the statutes is renumbered 125.51 (3) (e) 1. and amended to read:
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.
SECTION 2907dh. 125.51 (3) (e) 2. and 3. of the statutes are created to read:
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.
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.
SECTION 2907dt. 125.51 (4) (a) 4. of the statutes is created to read:
125.51 (4) (a) 4. "Reserve "Class B" license" means a license that is not granted or issued by a municipality on the first day of the 2nd month beginning after the effective date of this subdivision .... [revisor inserts date], and that is counted under par. (br).
SECTION 2907hd. 125.51 (4) (am) of the statutes is created to read:
125.51 (4) (am) No municipality may issue a license that would cause the municipality to exceed its quota.
SECTION 2907hh. 125.51 (4) (b) (intro.) of the statutes is amended to read:
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:
1g. The number of licenses granted or 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 the first day of the 2nd month beginning after the effective date of this subdivision .... [revisor inserts date].
SECTION 2907hp. 125.51 (4) (b) 1., 2., 3., 4. and 5. and (c) to (u) of the statutes are repealed.
SECTION 2907ht. 125.51 (4) (b) 1m. of the statutes is created to read:
125.51 (4) (b) 1m. The number of the municipality's reserve "Class B" licenses determined under par. (bm) 3.
SECTION 2907pd. 125.51 (4) (bm) of the statutes is created to read:
125.51 (4) (bm) The clerk of each municipality shall record the municipality's population, as defined in par. (a) 2., and the number of licenses:
1. Authorized to be issued by the municipality on the first day of the 2nd month beginning after the effective date of this subdivision .... [revisor inserts date], under s. 125.51 (4), 1995 stats.;
2. Described in par. (b) 1g.; and
3. That are reserve "Class B" licenses.
SECTION 2907ph. 125.51 (4) (br) of the statutes is created to read:
125.51 (4) (br) 1. Except as provided in subd. 2., the number of reserve "Class B" licenses authorized to be issued by a municipality shall be determined as follows:
a. Subtract 3 from the number recorded under par. (bm) 1.
b. Subtract the number recorded under par. (bm) 2. b. from the result under subd. 1.
c. Divide the result under subd. 2. b. by 2, except that if the result is not a whole number round the quotient down to the nearest whole number.
d. Add 3 to the result under subd. 2. c.
e. Add one license per each increase of 500 population or fraction thereof to the population recorded under par. (bm).
2. Notwithstanding subd. 1., if the difference between the number of licenses determined under par. (b) 1g. and under par. (bm) 1. is 3 or fewer, the number of reserve "Class B" licenses authorized to be issued by that municipality is the difference between the number of licenses determined under par. (b) 1g. and under par. (bm) 1., plus one per each increase of 500 population or fraction thereof to the population recorded under par. (bm).
SECTION 2907pp. 125.51 (4) (v) of the statutes is created to read:
125.51 (4) (v) Notwithstanding par. (am), if a municipality has granted or issued a number of licenses equal to or exceeding its quota, the municipal governing body may issue a license for any of the following:
1. A full-service restaurant that has a seating capacity of 300 or more persons.
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.
SECTION 2910e. 134.67 (2) (a) (intro.) of the statutes is amended to read:
134.67 (2) (a) (intro.) In the event of the outbreak of an epidemic disease of humans or animals spread by insects which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the pesticide review board department of agriculture, trade and consumer protection may authorize the use of DDT in controlling the epidemic upon a finding that:
SECTION 2910m. 134.67 (2) (b) (intro.) of the statutes is amended to read:
134.67 (2) (b) (intro.) In the event of the outbreak of a plant disease of epidemic proportions which threatens a significant portion of the affected crop and which is caused or spread by an insect which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the pesticide review board department of agriculture, trade and consumer protection may authorize the use of DDT in controlling the epidemic upon a finding that:
SECTION 2910r. 134.67 (2) (c) of the statutes is amended to read:
134.67 (2) (c) The pesticide review board department of agriculture, trade and consumer protection also may authorize the use of DDT or its isomers or metabolites for specified research by educational institutions if it finds that no ecologically significant residues of DDT or its isomers or metabolites will be allowed to escape into the environment.
SECTION 2915. 134.72 (1) (a) of the statutes is amended to read:
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.
SECTION 2915g. 137.01 (1) (a) of the statutes is amended to read:
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.
SECTION 2915r. 137.01 (2) (a) of the statutes is amended to read:
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.
SECTION 2923m. 138.09 (3) (e) of the statutes is renumbered 138.09 (3) (e) 1. (intro.) and amended to read:
138.09 (3) (e) 1. (intro.) A Except as provided in subd. 2., a licensee may conduct, and permit others to conduct, at the location specified in its license, any one or more of the following businesses not subject to this section:
a. A business engaged in making loans for business or agricultural purposes or exceeding $25,000 in principal amount, except that all such loans having terms of 49 months or more are subject to sub. (7) (gm) 2. or 4., a
b. A business engaged in making first lien real estate mortgage loans under ss. 138.051 to 138.06, a.
c. A loan, finance or discount business under s. 218.01, or an.
d. An insurance business, or a.
e. A currency exchange under s. 218.05, or a.
f. A seller of checks business under ch. 217; but.
2. A licensee may not sell merchandise shall not be sold at such location; and no or conduct other business shall be conducted at such at the location specified in the license unless written authorization is granted to the licensee by the division.
SECTION 2923p. 138.09 (4a) of the statutes is repealed.
SECTION 2926e. 138.10 (2) of the statutes is amended to read:
138.10 (2) MAXIMUM LOAN. A Unless made by a person licensed under s. 138.09, a pawnbroker's loan shall may not exceed $150.
SECTION 2926m. 138.10 (2m) of the statutes is created to read:
138.10 (2m) PAWNBROKING BY LICENSED LENDERS. The division of banking may promulgate rules regulating the conduct of pawnbroking by persons licensed under s. 138.09.
SECTION 2926s. 138.10 (3) of the statutes is renumbered 138.10 (1), and 138.10 (1) (intro.), as renumbered, is amended to read:
138.10 (1) DEFINITIONS. (intro.) The following terms in In this section shall be construed to have the following meanings:
SECTION 2935. 139.01 (2g) of the statutes is created to read:
139.01 (2g) "Department" means the department of revenue.
SECTION 2936. 139.01 (2r) of the statutes is created to read:
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.
SECTION 2937. 139.01 (5m) of the statutes is created to read:
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.
SECTION 2938. 139.01 (9m) of the statutes is created to read:
139.01 (9m) "Sign" means write one's signature or, if the department prescribes another method of authenticating, use that other method.
SECTION 2939. 139.03 (2x) (a) of the statutes is amended to read:
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.
SECTION 2939m. 139.03 (2x) (d) of the statutes is amended to read:
139.03 (2x) (d) Late filing fee. Any person who fails to file a floor tax return when due shall pay a late filing fee of $10. A return that is mailed shall be considered filed in time if it is mailed in a properly addressed envelope with 1st class postage duly prepaid, if the envelope is officially postmarked on the date due 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.
SECTION 2944. 139.05 (1) of the statutes is amended to read:
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.
SECTION 2945. 139.05 (2a) of the statutes is amended to read:
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.
SECTION 2946. 139.05 (4) of the statutes is amended to read:
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.
SECTION 2947. 139.05 (7) (b) of the statutes is amended to read:
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.