AB100: Bill Text Engrossed

AB100-engrossed,1526,25 125.10 (1) Authorization. Any municipality may enact regulations incorporating any part of this chapter and may prescribe additional regulations for the sale of alcohol beverages, not in conflict with this chapter. The municipality may prescribe forfeitures or license suspension or revocation for violations of any such regulations. Regulations providing forfeitures or license suspension or revocation must be adopted by ordinance. No municipality may enact or enforce any regulation relating to providing alcohol beverages to an underage or intoxicated person, to an underage person's presence on premises or to an underage person's possession of alcohol beverages unless the regulation strictly conforms with s. 125.07.

AB100-engrossed, s. 2906gm Section 2906gm. 125.12 (1) of the statutes is renumbered 125.12 (1) (a) and amended to read:

AB100-engrossed,1527,5 125.12 (1) (a) Any Except as provided in par. (b), any municipality or the department may revoke, suspend or refuse to renew any license or permit under this chapter, as provided in this section.

AB100-engrossed, s. 2906gr Section 2906gr. 125.12 (1) (b) of the statutes is created to read:

AB100-engrossed,1527,8 125.12 (1) (b) 1. In this paragraph, "violation" means a violation of s. 125.07 (1) (a), or a local ordinance that strictly conforms to s. 125.07 (1) (a).

AB100-engrossed,1527,13 2. No violation may be considered under this section or s.125.04 (5) (a) 1. unless the licensee or permittee has committed another violation within one year preceding the violation. If a licensee or permittee has committed 2 or more violations within one year, all violations committed within one year of a previous violation may be considered under this section or s. 125.04 (5) (a) 1.

AB100-engrossed, s. 2906mg Section 2906mg. 125.12 (2) (ag) 2. and 3. of the statutes are repealed.

AB100-engrossed, s. 2906mm Section 2906mm. 125.12 (2) (b) 2. of the statutes is amended to read:

AB100-engrossed,1527,23 125.12 (2) (b) 2. If the licensee appears as required by the summons and denies the complaint, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel. The licensee shall be provided a written transcript of the hearing at his or her expense. If the hearing is held before the municipal governing body and the complaint is found to be true, the license shall either be suspended for not less than 10 days nor more than 90 days or revoked, except that, if a complaint under par. (ag) 4. is found to be true with respect to a license issued under s. 125.51 (4) (v), the license shall be revoked.

AB100-engrossed, s. 2906mr Section 2906mr. 125.12 (4) (ag) 2. and 3. of the statutes are repealed.

AB100-engrossed, s. 2906mt Section 2906mt. 125.12 (4) (b) of the statutes is amended to read:

AB100-engrossed,1528,15 125.12 (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.

AB100-engrossed, s. 2906mv Section 2906mv. 125.12 (5) of the statutes is amended to read:

AB100-engrossed,1528,24 125.12 (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-engrossed, s. 2906r Section 2906r. 125.17 (1) of the statutes is amended to read:

AB100-engrossed,1529,5 125.17 (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.

AB100-engrossed, s. 2907 Section 2907. 125.17 (6) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,1529,13 125.17 (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-engrossed, s. 2907dd Section 2907dd. 125.51 (3) (e) of the statutes is renumbered 125.51 (3) (e) 1. and amended to read:

AB100-engrossed,1529,21 125.51 (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-engrossed, s. 2907dh Section 2907dh. 125.51 (3) (e) 2. and 3. of the statutes are created to read:

AB100-engrossed,1530,5 125.51 (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-engrossed,1530,8 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-engrossed, s. 2907dt Section 2907dt. 125.51 (4) (a) 4. of the statutes is created to read:

AB100-engrossed,1530,13 125.51 (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).

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

AB100-engrossed,1530,16 125.51 (4) (am) No municipality may issue a license that would cause the municipality to exceed its quota.

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

AB100-engrossed,1530,19 125.51 (4) (b) (intro.) Except as provided in pars. (c) and (d), the The quota of each municipality is the sum of the following:

AB100-engrossed,1530,23 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].

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

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

AB100-engrossed,1531,3 125.51 (4) (b) 1m. The number of the municipality's reserve "Class B" licenses determined under par. (bm) 3.

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

AB100-engrossed,1531,6 125.51 (4) (bm) The clerk of each municipality shall record the municipality's population, as defined in par. (a) 2., and the number of licenses:

AB100-engrossed,1531,9 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.;

AB100-engrossed,1531,10 2. Described in par. (b) 1g.; and

AB100-engrossed,1531,11 3. That are reserve "Class B" licenses.

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

AB100-engrossed,1531,14 125.51 (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:

AB100-engrossed,1531,15 a. Subtract 3 from the number recorded under par. (bm) 1.

AB100-engrossed,1531,17 b. Subtract the number recorded under par. (bm) 2. b. from the result under subd. 1.

AB100-engrossed,1531,19 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.

AB100-engrossed,1531,20 d. Add 3 to the result under subd. 2. c.

AB100-engrossed,1531,22 e. Add one license per each increase of 500 population or fraction thereof to the population recorded under par. (bm).

AB100-engrossed,1532,3 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).

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

AB100-engrossed,1532,7 125.51 (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:

AB100-engrossed,1532,8 1. A full-service restaurant that has a seating capacity of 300 or more persons.

AB100-engrossed,1532,11 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-engrossed, s. 2910e Section 2910e. 134.67 (2) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,1532,17 134.67 (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:

AB100-engrossed, s. 2910m Section 2910m. 134.67 (2) (b) (intro.) of the statutes is amended to read:

AB100-engrossed,1532,24 134.67 (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:

AB100-engrossed, s. 2910r Section 2910r. 134.67 (2) (c) of the statutes is amended to read:

AB100-engrossed,1533,5 134.67 (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.

AB100-engrossed, s. 2915 Section 2915. 134.72 (1) (a) of the statutes is amended to read:

AB100-engrossed,1533,10 134.72 (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-engrossed, s. 2915g Section 2915g. 137.01 (1) (a) of the statutes is amended to read:

AB100-engrossed,1533,14 137.01 (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-engrossed, s. 2915r Section 2915r. 137.01 (2) (a) of the statutes is amended to read:

AB100-engrossed,1533,21 137.01 (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-engrossed, s. 2923m Section 2923m. 138.09 (3) (e) of the statutes is renumbered 138.09 (3) (e) 1. (intro.) and amended to read:

AB100-engrossed,1534,3 138.09 (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:

AB100-engrossed,1534,6 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

AB100-engrossed,1534,8 b. A business engaged in making first lien real estate mortgage loans under ss. 138.051 to 138.06, a.

AB100-engrossed,1534,9 c. A loan, finance or discount business under s. 218.01, or an.

AB100-engrossed,1534,10 d. An insurance business, or a.

AB100-engrossed,1534,11 e. A currency exchange under s. 218.05, or a.

AB100-engrossed,1534,12 f. A seller of checks business under ch. 217; but.

AB100-engrossed,1534,15 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.

AB100-engrossed, s. 2923p Section 2923p. 138.09 (4a) of the statutes is repealed.

AB100-engrossed, s. 2926e Section 2926e. 138.10 (2) of the statutes is amended to read:

AB100-engrossed,1534,19 138.10 (2) Maximum loan. A Unless made by a person licensed under s. 138.09, a pawnbroker's loan shall may not exceed $150.

AB100-engrossed, s. 2926m Section 2926m. 138.10 (2m) of the statutes is created to read:

AB100-engrossed,1534,23 138.10 (2m) Pawnbroking by licensed lenders. The division of banking may promulgate rules regulating the conduct of pawnbroking by persons licensed under s. 138.09.

AB100-engrossed, s. 2926s Section 2926s. 138.10 (3) of the statutes is renumbered 138.10 (1), and 138.10 (1) (intro.), as renumbered, is amended to read:

AB100-engrossed,1535,2 138.10 (1) Definitions. (intro.) The following terms in In this section shall be construed to have the following meanings:

AB100-engrossed, s. 2935 Section 2935. 139.01 (2g) of the statutes is created to read:

AB100-engrossed,1535,4 139.01 (2g) "Department" means the department of revenue.

AB100-engrossed, s. 2936 Section 2936. 139.01 (2r) of the statutes is created to read:

AB100-engrossed,1535,9 139.01 (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-engrossed, s. 2937 Section 2937. 139.01 (5m) of the statutes is created to read:

AB100-engrossed,1535,13 139.01 (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-engrossed, s. 2938 Section 2938. 139.01 (9m) of the statutes is created to read:

AB100-engrossed,1535,16 139.01 (9m) "Sign" means write one's signature or, if the department prescribes another method of authenticating, use that other method.

AB100-engrossed, s. 2939 Section 2939. 139.03 (2x) (a) of the statutes is amended to read:

AB100-engrossed,1536,2 139.03 (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-engrossed, s. 2939m Section 2939m. 139.03 (2x) (d) of the statutes is amended to read: