SB40-SSA1-SA1,216,73
125.02
(3r) "Caterer" means any person holding a restaurant permit under s.
4254.64 who is in the business of preparing food and transporting it for consumption
5on premises where gatherings, meetings, or events are held, if the sale of food at each
6gathering, meeting, or event accounts for greater than 50 percent of the gross
7receipts of all of the food and beverages served at the gathering, meeting, or event.".
SB40-SSA1-SA1,216,22
10125.01 Legislative intent. This chapter shall be construed as an enactment
11of the legislature's support for the 3-tier system for alcohol beverages production,
12distribution, and sale that, through uniform statewide regulation, provides this
13state regulatory authority over the production, storage, distribution, transportation,
14sale, and consumption of alcohol beverages by and to its citizens, for the benefit of
15the public health and welfare and this state's economic stability.
Without the 3-tier
16system, the effective statewide regulation and collection of state taxes on alcohol
17beverages sales would be seriously jeopardized. It is further the intent of the
18legislature that without a specific statutory exception, all sales of alcohol beverages
19shall occur through the 3-tier system, from manufacturers to licensed wholesalers
20to retailers to consumers. Face-to-face retail sales at licensed premises directly
21advance the state's interest in preventing alcohol sales to underage or intoxicated
22persons.
SB40-SSA1-SA1,217,5
1125.015 Severability. If any provision or clause of this chapter or its
2application to any person or circumstance is held invalid, the invalidity shall not
3affect other provisions or applications of this chapter that can be given effect without
4the invalid provision or application, and to this end the provisions of this chapter are
5severable.
SB40-SSA1-SA1,217,117
125.02
(3r) "Caterer" means any person holding a restaurant permit under s.
8254.64 who is in the business of preparing food and transporting it for consumption
9on premises where gatherings, meetings, or events are held, if the sale of food at each
10gathering, meeting, or event accounts for greater than 50 percent of the gross
11receipts of all of the food and beverages served at the gathering, meeting, or event.".
SB40-SSA1-SA1,218,514
125.26
(2u) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
15addition to the authorization specified in sub. (1), a Class "B" license issued under
16this section to a caterer also authorizes the caterer to provide fermented malt
17beverages, including their retail sale, at the National Railroad Museum in Green
18Bay during special events held at this museum. Notwithstanding sub. (1), a caterer
19may provide fermented malt beverages under this subsection at any location at the
20National Railroad Museum even though the National Railroad Museum is not part
21of the caterer's licensed premises, as described under sub. (3) in the caterer's Class
22"B" license, and even if the National Railroad Museum is not located within the
23municipality that issued the caterer's Class "B" license. A caterer that provides
24fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the
1fermented malt beverages were provided on the caterer's Class "B" licensed
2premises. This subsection does not authorize the National Railroad Museum to sell
3fermented malt beverages at retail or to procure or stock fermented malt beverages
4for purposes of retail sale. This subsection does not apply if, at any time, the National
5Railroad Museum holds a Class "B" license.
SB40-SSA1-SA1,218,227
125.51
(3) (bu) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
8addition to the authorization specified in sub. (1) (a) and in sub. (3) (a) or (b) , a "Class
9B" license issued under sub. (1) to a caterer also authorizes the caterer to provide
10intoxicating liquor, including its retail sale, at the National Railroad Museum in
11Green Bay during special events held at this museum. Notwithstanding subs. (1) (a)
12and (3) (a) and (b), a caterer may provide intoxicating liquor under this paragraph
13at any location at the National Railroad Museum even though the National Railroad
14Museum is not part of the caterer's licensed premises, as described under par. (d) in
15the caterer's "Class B" license, and even if the National Railroad Museum is not
16located within the municipality that issued the caterer's "Class B" license. A caterer
17that provides intoxicating liquor under this paragraph is subject to s. 125.68 (2) as
18if the intoxicating liquor were provided on the caterer's "Class B" licensed premises.
19This paragraph does not authorize the National Railroad Museum to sell
20intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of
21retail sale. This paragraph does not apply if, at any time, the National Railroad
22Museum holds a "Class B" license.".
SB40-SSA1-SA1,219,8
1125.12
(5) Revocations or suspensions of, or refusals to renew, permits by
2the department. The department may, after notice and an opportunity for hearing,
3revoke, suspend or refuse to renew any retail permit issued by it for the causes
4provided in sub. (4) and any other permit issued by it under this chapter for any
5violation of this chapter or ch. 139, except that, for a violation of sub. (4) (ag) 6. with
6respect to a license issued under s. 125.51 (4) (v)
or a violation of s. 125.535 or
7139.035, the department shall revoke the license
or permit. A revocation, suspension
8or refusal to renew is a contested case under ch. 227.
SB40-SSA1-SA1,219,1210
125.51
(6) Face-to-face retail sales. Except as provided in sub. (3) (bm) and
11(bs) and except with respect to caterers, a retail license issued under this section
12authorizes only face-to-face sales to consumers at the licensed premises.
SB40-SSA1-SA1,220,214
125.52
(1) Authorized activities. The department shall issue manufacturers'
15and rectifiers' permits which authorize the manufacture or rectification,
16respectively, of intoxicating liquor on the premises covered by the permit. A person
17holding a manufacturer's or rectifier's permit may manufacture
, and bottle
or
18wholesale wine, pursuant to the terms of the permit, without procuring a winery
19permit. A manufacturer's or rectifier's permit entitles the permittee to sell
20intoxicating liquor
to wholesalers holding a permit under s. 125.54, and to other
21manufacturers and rectifiers holding a permit under this section, from the premises
22described in the permit.
Holders of rectifiers' permits may sell intoxicating liquor
23rectified by the permittee to retailers without any other permit. No sales may be
24made for consumption on the premises of the permittee. Possession of a permit under
1this section does not authorize the permittee to sell tax-free intoxicating liquor and
2wines brought into this state under s. 139.03 (5).
SB40-SSA1-SA1,220,156
125.53
(1) The department shall issue only to a manufacturing winery in this
7state that holds a valid certificate issued under s. 73.03 (50) a winery permit
8authorizing the manufacture and bottling of wine on the premises covered by the
9permit for sale
at wholesale to other licensees or permittees to wholesalers holding
10a permit under s. 125.54. A
permittee winery holding a permit under this section
11may offer on the premises taste samples of wine manufactured on the premises to
12persons who have attained the legal drinking age. A permittee under this section
13may also have either a "Class A" or "Class B" license, but not both. If a "Class A" or
14"Class B" liquor license has also been issued to the winery, the winery may offer the
15taste samples on the "Class A" or "Class B" premises.
SB40-SSA1-SA1,220,23
18125.535 Direct wine shippers' permits.
(1) Authorized activities. The
19department shall issue direct wine shippers' permits authorizing the permittee to
20ship wine directly to an individual in this state who is of the legal drinking age, who
21acknowledges in writing receipt of the wine shipped, and who is not intoxicated at
22the time of delivery. A signature on the delivery form of the common carrier by a
23person of legal drinking age acknowledges delivery in writing.
SB40-SSA1-SA1,220,25
24(2) Annual permit fee. The department shall charge the following annual fee
25for each permit issued under this section:
SB40-SSA1-SA1,221,2
1(a) For a permittee that ships more than 90 liters of wine annually to
2individuals in this state, $1,000.
SB40-SSA1-SA1,221,43
(b) For a permittee that ships not less than 27 liters nor more than 90 liters of
4wine annually to individuals in this state, $500.
SB40-SSA1-SA1,221,65
(c) For a permittee that ships less than 27 liters of wine annually to individuals
6in this state, $100.
SB40-SSA1-SA1,221,9
7(3) Persons eligible. (a) A direct wine shipper's permit may be issued under
8this section to any person that manufactures and bottles wine on premises covered
9by any of the following:
SB40-SSA1-SA1,221,1010
1. A manufacturer's or rectifier's permit under s. 125.52.
SB40-SSA1-SA1,221,1111
2. A winery permit under s. 125.53.
SB40-SSA1-SA1,221,1312
3. A winery license, permit, or other authorization issued to the winery by any
13state from which the winery will ship wine into this state.
SB40-SSA1-SA1,221,1514
(b) A winery located outside of this state is eligible for a direct wine shipper's
15permit under par. (a) 3. if all of the following apply:
SB40-SSA1-SA1,221,1716
1. The winery holds a valid business tax registration certificate issued under
17s. 73.03 (50).
SB40-SSA1-SA1,221,2118
2. The winery submits to the department, with any initial application or
19renewal for a certificate under s. 73.03 (50) or a permit under par. (a) 3., a copy of any
20current license, permit, or authorization issued to the winery by the state from which
21the winery will ship wine into this state.
SB40-SSA1-SA1,222,222
(c) Notwithstanding s. 125.04 (5) (a), natural persons obtaining direct wine
23shippers' permits are not required to be residents of this state. Notwithstanding s.
24125.04 (5) (a) 5., a person is not required to complete a responsible beverage server
25training course to be eligible for a permit under this section. Notwithstanding s.
1125.04 (6), corporations or limited liability companies obtaining direct wine shippers'
2permits are not required to appoint agents.
SB40-SSA1-SA1,222,8
3(4) Annual report required. A permittee under this section shall submit a
4report to the department, by January 31 of each year, on forms furnished by the
5department, providing the identity, quantity, and price of all products shipped to
6individuals in this state during the previous calendar year, along with the name,
7address, and birthdate of each person who purchased these products and each person
8to whom these products were shipped.
SB40-SSA1-SA1,222,11
9(5) Labels. Containers of wine shipped to an individual in this state under this
10section shall be clearly labeled to indicate that the package may not be delivered to
11an underage person or to an intoxicated person.
SB40-SSA1-SA1,222,13
12(6) Restrictions. No individual may resell, or use for a commercial purpose,
13wine received by the individual that is shipped under authority of this section.
SB40-SSA1-SA1,222,18
14(7) Annual limit. No individual in this state may receive more than 27 liters
15of wine annually shipped under authority of the section, and no permittee under this
16section may ship more than 27 liters of wine annually to an individual in this state.
17This subsection does not apply to purchases made under a permit issued under s.
18125.61.
SB40-SSA1-SA1,223,220
125.54
(1) Authorized activities. The department shall issue wholesalers'
21permits authorizing the permittee to sell intoxicating liquor at wholesale from the
22premises described in the permit.
Except as provided under s. 125.69 (1) (b) 3., the 23The permittee may not sell intoxicating liquor for consumption on the premises. If
24a wholesale permit is issued to a brewery that holds a "Class B" license, the permit
25shall authorize the wholesale sale of wine only. Possession of a permit under this
1section does not authorize the permittee to sell tax-free intoxicating liquor and wine
2brought into this state under s. 139.03 (5).
SB40-SSA1-SA1,223,214
125.58
(1) The department shall issue out-of-state shippers' permits which
5authorize persons located outside this state to sell or ship intoxicating liquor into this
6state. Except as provided under sub. (4), intoxicating liquor may be shipped into this
7state only to a person holding a
manufacturer's, rectifier's, wholesaler's
, industrial
8alcohol or medicinal alcohol permit
under s. 125.54 or, if shipped from a
9manufacturer or rectifier in another state holding a permit under this section, to a
10person holding a manufacturer's or rectifier's permit under s. 125.52. Except as
11provided under sub. (4), a separate out-of-state shipper's permit is required for each
12location from which any intoxicating liquor is sold or shipped into this state,
13including the location from which the invoices are issued for the sales or shipments.
14Any person holding an out-of-state shipper's permit issued under this section may
15solicit orders for sales or shipments by the permittee without obtaining the sales
16solicitation permit required by s. 125.65, but every agent, salesperson or other
17representative who solicits orders for sales or shipments by an out-of-state shipper
18shall first obtain a permit for soliciting orders under s. 125.65. No holder of an
19out-of-state shipper's permit issued under this section may sell intoxicating liquor
20in this state or ship intoxicating liquor into this state unless the out-of-state shipper
21is the primary source of supply for that intoxicating liquor.
SB40-SSA1-SA1, s. 2759L
22Section 2759L. 125.58 (4) (a) (intro.) of the statutes is renumbered 125.58 (4)
23and amended to read:
SB40-SSA1-SA1,224,3
1125.58
(4) (a) A winery located outside of this state may ship wine into this state
2as provided under s.
125.68 (10) (bm) if all of the following apply: 125.535 and is not
3required to hold an out-of-state shipper's permit under this section.
SB40-SSA1-SA1,224,127
125.68
(10) (a) Except as provided in
par. (bm) s. 125.535, no intoxicating liquor
8may be shipped into this state unless consigned to a person holding a
wholesaler's 9permit
for the sale of intoxicating liquor, other than a retail "Class B" permit under
10s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a
11permit under s. 125.58, consigned to a person holding a manufacturer's or rectifier's
12permit under s. 125.52.
SB40-SSA1-SA1,224,1814
125.68
(10) (b) Except as provided in
par. (bm) s. 125.535, no common carrier
15or other person may transport into and deliver within this state any intoxicating
16liquor unless it is consigned to a person holding a
wholesaler's permit
for the sale of
17intoxicating liquor, other than a retail "Class B" permit
under s. 125.54. Any common
18carrier violating this paragraph shall forfeit $100 for each violation.
SB40-SSA1-SA1,225,323
125.69
(1) (a) No intoxicating liquor manufacturer, rectifier
, winery,
24out-of-state shipper permittee, or wholesaler may hold any direct or indirect
25interest in any "Class A" license or establishment and no "Class A" licensee may hold
1any direct or indirect interest in a wholesale permit or establishment, except that a
2winery that has a permit under s. 125.53 may have an ownership interest in a "Class
3A" license.
SB40-SSA1-SA1,225,105
125.69
(1) (b) 1. Except as provided under
subds. 2. to subd. 4., no intoxicating
6liquor manufacturer, rectifier
, winery, out-of-state shipper permittee, or wholesaler
7may hold any direct or indirect interest in any "Class B" license or permit or
8establishment or "Class C" license or establishment and no "Class B" licensee or
9permittee or "Class C" licensee may hold any direct or indirect interest in a wholesale
10permit or establishment.
SB40-SSA1-SA1, s. 2759t
12Section 2759t. 125.69 (1) (c) (intro.) of the statutes is renumbered 125.69 (1)
13(c) and amended to read:
SB40-SSA1-SA1,225,2014
125.69
(1) (c) No manufacturer, whether located within or without this state,
15may hold any direct or indirect interest in any wholesale permit or establishment,
16except as provided in s. 125.53
, and except that a manufacturer that is also a brewer
17may hold a permit issued under s. 125.54 for the wholesale sale of wine only. This
18paragraph does not prohibit any of the following persons from obtaining a permit
19under s. 125.65:. Except as provided in s. 125.53, no retail licensee may hold any
20direct or indirect interest in any manufacturer, rectifier, or winery.
SB40-SSA1-SA1,226,224
125.69
(6) (a) No campus or retail licensee or permittee may purchase or
25possess intoxicating liquor purchased from any person other than a
manufacturer,
1rectifier or wholesaler holding a permit under this chapter for the sale of intoxicating
2liquor.".
SB40-SSA1-SA1,226,4
4"
Section 2780b. 139.035 of the statutes is repealed and recreated to read:
SB40-SSA1-SA1,226,18
5139.035 Wine shipped directly to individuals in this state. (1) All wine
6shipped directly to an individual located in Wisconsin by a person holding a direct
7wine shipper's permit under s. 125.535 shall be sold with the occupational tax
8imposed under s. 139.03 included in the selling price. Each person holding a direct
9wine shipper's permit under s. 125.535 shall be required to file an addendum to the
10monthly liquor tax return required under s. 139.06 (2) (a), on forms furnished by the
11department, that provides, at minimum, the identity, quantity, and price of all wine
12shipped to individuals in this state during the previous calendar month, along with
13the name, address, and birthdate of each person who purchased the wine and a copy
14of the signature provided by the person of legal drinking age who acknowledged
15delivery of the wine. A form shall also be developed by the department for recording
16an attestation of the delivery person who reviewed the proof of age identification
17provided at the time of delivery and determined that the recipient was not
18intoxicated.
SB40-SSA1-SA1,226,23
19(2) Any failure of a person holding a direct wine shipper's permit under s.
20125.535 to pay the occupational tax or file the addendum required under sub. (1)
21within 30 days of its due date constitutes grounds for revocation or suspension of the
22permit. The provisions on timely filing under s. 71.80 (18) apply to the tax and
23addendum required under this section.
SB40-SSA1-SA1,227,14
1139.11
(4) Confidentiality. Sections 71.78 (1) and (4) to (9) and 71.83 (2) (a)
23., relating to confidentiality of income, franchise and gift tax returns, apply to any
3information obtained from any person on a fermented malt beverage or intoxicating
4liquor tax return, report, schedule, exhibit or other document or from an audit report
5relating to any of those documents, except that the department of revenue shall
6publish brewery production and sales statistics and shall publish or permit the
7publication of statistics on the total number of gallons of the types and brands of
8intoxicating liquor sold in this state
and shall publish and make available on the
9department's Internet Web site a current and regularly updated list of permit
10holders that minimally includes detailed information on the name, address, contact
11person, and date of permit issuance for every manufacturer's and rectifier's permit
12issued under s. 125.52, winery permit issued under s. 125.53, direct wine shipper's
13permit under s. 125.535, wholesaler's permit issued under s. 125.54, and
14out-of-state shipper's permit issued under s. 125.58.".
SB40-SSA1-SA1,227,19
18"
Section 2868b. 146.55 (4) (a) of the statutes, as affected by 2007 Wisconsin
19Act .... (this act), is amended to read:
SB40-SSA1-SA1,228,320
146.55
(4) (a) From the appropriation under s. 20.435 (5)
(rb) (ch), the
21department shall annually distribute funds for ambulance service vehicles or vehicle
22equipment, emergency medical services supplies or equipment or emergency
23medical training for personnel to an ambulance service provider that is a public
24agency, a volunteer fire department or a nonprofit corporation, under a funding
1formula consisting of an identical base amount for each ambulance service provider
2plus a supplemental amount based on the population of the ambulance service
3provider's primary service or contract area, as established under s. 146.50 (5).".
SB40-SSA1-SA1,228,6
5"
Section 2869b. 146.55 (5) (a) of the statutes, as affected by 2007 Wisconsin
6Act .... (this act), is amended to read:
SB40-SSA1-SA1,228,137
146.55
(5) (a) From the appropriation under s. 20.435 (5)
(rb) (ch), the
8department shall annually distribute funds to ambulance service providers that are
9public agencies, volunteer fire departments, or nonprofit corporations to purchase
10the training required for licensure and renewal of licensure as an emergency medical
11technician - basic under s. 146.50 (6), and to pay for administration of the
12examination required for licensure or renewal of licensure as an emergency medical
13technician - basic under s. 146.50 (6) (a) 3. and (b) 1.".
SB40-SSA1-SA1,228,2416
146.57
(3) (a) The department shall implement a statewide poison control
17system, which shall provide poison control services that are available statewide, on
18a 24-hour per day and 365-day per year basis and shall provide poison information
19and education to health care professionals and the public. From the appropriation
20under s. 20.435 (5) (ds), the department shall, if the requirement under par. (b) is
21met, distribute total funding of not more than
$375,000 $425,000 in each fiscal year
22to supplement the operation of the system and to provide for the statewide collection
23and reporting of poison control data. The department may, but need not, distribute
24all of the funds in each fiscal year to a single poison control center.".
