AB40-ASA1, s. 2600 23Section 2600. 121.91 (4) (n) of the statutes is repealed.
AB40-ASA1, s. 2600m 24Section 2600m. 121.91 (4) (o) 1. of the statutes is amended to read:
AB40-ASA1,1062,13
1121.91 (4) (o) 1. If a school board adopts a resolution to do so, the limit otherwise
2applicable to a school district under sub. (2m) in any school year is increased by the
3amount spent by the school district in that school year on a project to implement
4energy efficiency measures, and renewable or to purchase energy efficiency products,
5that result including the payment of debt service on bonds or notes issued to finance
6the project, if the project results
in the avoidance of, or reduction in, energy costs.
7The department shall promulgate rules to implement this subdivision, including
8eligibility standards for school districts
or operational costs, the project is governed
9by a performance contract entered into under s. 66.0133, and the bonds or notes
10issued to finance the project, if any, are issued for periods not exceeding 20 years.
11If a school board issues bonds or notes to finance a project described in this
12subdivision, a resolution adopted by a school board under this subdivision is valid for
13each school year in which the school board pays debt service on the bonds or notes
.
AB40-ASA1, s. 2601m 14Section 2601m. 121.91 (4) (q) of the statutes is created to read:
AB40-ASA1,1062,2015 121.91 (4) (q) 1. The limit otherwise applicable to a school district under sub.
16(2m) is increased by an amount equal to the amount of any refunded or rescinded
17property taxes paid by the school board in the year of the levy if the valuation
18represented by the refunded or rescinded property taxes result in a redetermination
19of the school district's equalized valuation by the department of revenue under s.
2074.41.
AB40-ASA1,1062,2321 2. Any additional revenue received by a school district under this paragraph
22shall not be included in the base for determining the school district's limit under sub.
23(2m) for the following school year.
AB40-ASA1, s. 2602 24Section 2602. 121.91 (7) of the statutes is amended to read:
AB40-ASA1,1063,7
1121.91 (7) Except as provided in sub. (4) (f) 2. and (L) to, (o), and (8) (q), if an
2excess revenue is approved under sub. (3) for a recurring purpose or allowed under
3sub. (4), the excess revenue shall be included in the base for determining the limit
4for the next school year for purposes of this section. If an excess revenue is approved
5under sub. (3) for a nonrecurring purpose, the excess revenue shall not be included
6in the base for determining the limit for the next school year for purposes of this
7section.
AB40-ASA1, s. 2603 8Section 2603. 121.91 (8) of the statutes is repealed.
AB40-ASA1, s. 2603m 9Section 2603m. 125.01 of the statutes is amended to read:
AB40-ASA1,1063,23 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
20holding a permit to retailers to consumers. Face-to-face retail sales at licensed
21premises directly advance the state's interest in preventing alcohol sales to underage
22or intoxicated persons and the state's interest in efficient and effective collection of
23tax.
AB40-ASA1, s. 2604bc 24Section 2604bc. 125.02 (15) of the statutes is renumbered 125.02 (15) (intro.)
25and amended to read:
AB40-ASA1,1064,1
1125.02 (15) (intro.) "Primary source of supply" means any of the following:
AB40-ASA1,1064,3 2(b) With respect to intoxicating liquor, the manufacturer, the rectifier, or the
3exclusive agent designated by the manufacturer or rectifier.
AB40-ASA1, s. 2604be 4Section 2604be. 125.02 (15) (a) of the statutes is created to read:
AB40-ASA1,1064,75 125.02 (15) (a) With respect to fermented malt beverages, the brewer or
6brewpub that manufactured the fermented malt beverages or the exclusive agent
7designated by this brewer or brewpub.
AB40-ASA1, s. 2604bg 8Section 2604bg. 125.02 (21) of the statutes is amended to read:
AB40-ASA1,1064,119 125.02 (21) "Wholesaler" means a person, other than a brewer, brewpub,
10manufacturer, or rectifier, who sells alcohol beverages to a licensed retailer or to
11another person who holds a permit or license to sell alcohol beverages at wholesale.
AB40-ASA1, s. 2604bi 12Section 2604bi. 125.04 (12) (a) of the statutes is amended to read:
AB40-ASA1,1065,313 125.04 (12) (a) From place to place. Every alcohol beverage license or permit
14may be transferred to another place or premises within the same municipality. An
15alcohol beverage warehouse permit under s. 125.19, a winery permit under s. 125.53
16or an intoxicating liquor wholesaler's permit under s. 125.54 may be transferred to
17another premises within this state. A Class "A" license and a wholesaler's license
18identified in s. 125.25 (2) (b) 2. may be transferred together as provided in s. 125.25
19(2) (b) 4. if the receiving municipality approves the transfer.
Transfers shall be made
20by the issuing authority upon payment of a fee of $10 to the issuing authority and,
21for transfers as provided in s. 125.25 (2) (b) 4., transfers shall be received and the
22validity of the transferred licenses recognized by the receiving municipality upon
23approval of the transfer by the receiving municipality and payment to the receiving
24municipality of an additional fee of $10 for each transferred license
. No retail
25licensee, retail permittee, intoxicating liquor wholesaler or holder of a warehouse or

1winery permit is entitled to more than one transfer during the license or permit year.
2This paragraph does not apply to a license issued under s. 125.51 (4) (v) or to a reserve
3"Class B" license, as defined in s. 125.51 (4) (a).
AB40-ASA1, s. 2604bk 4Section 2604bk. 125.05 (1) (d) of the statutes is amended to read:
AB40-ASA1,1065,105 125.05 (1) (d) Wholesalers' licenses permits. If the election results prohibit the
6retail sale of fermented malt beverages, the municipality may nevertheless issue
7wholesalers' licenses to qualified persons on the
department shall include as a
8condition of any wholesaler's permit issued under s. 125.28 for a premises within the
9municipality
that the wholesaler may not sell or deliver fermented malt beverages
10within the municipality to any person residing therein.
AB40-ASA1, s. 2604bL 11Section 2604bL. 125.07 (3) (a) 3. of the statutes is amended to read:
AB40-ASA1,1065,1812 125.07 (3) (a) 3. Hotels, drug stores, grocery stores, bowling centers, movie
13theaters,
billiards centers having on the premises 12 or more billiards tables that are
14not designed for coin operation and that are 8 feet or longer in length, indoor golf
15simulator facilities, service stations, vessels, cars operated by any railroad, regularly
16established athletic fields, outdoor volleyball courts that are contiguous to a licensed
17premises, stadiums, public facilities as defined in s. 125.51 (5) (b) 1. d. which are
18owned by a county or municipality or centers for the visual or performing arts.
AB40-ASA1, s. 2604bm 19Section 2604bm. 125.07 (3) (a) 13. of the statutes is amended to read:
AB40-ASA1,1065,2220 125.07 (3) (a) 13. An underage person who enters or remains in a banquet or
21hospitality room on brewery premises operated under a Class "B" or "Class B" license
22for the purpose of attending a brewery tour.
AB40-ASA1, s. 2604bo 23Section 2604bo. 125.10 (4) of the statutes is amended to read:
AB40-ASA1,1066,624 125.10 (4) Regulation of closed retail premises. A municipality may not
25prohibit the permittee, licensee, employees, salespersons, employees of wholesalers

1licensed issued a permit under s. 125.28 (1) or 125.54 (1); employees of permittees
2under s. 125.295 with respect to the permittee's own retail premises; or service
3personnel from being present on premises operated under a Class "A", "Class A" or
4"Class C" license or under a Class "B" or "Class B" license or permit during hours
5when the premises are not open for business if those persons are performing
6job-related activities.
AB40-ASA1, s. 2604bs 7Section 2604bs. 125.25 (1) of the statutes is amended to read:
AB40-ASA1,1066,228 125.25 (1) Every municipal governing body may issue Class "A" licenses for the
9sale of fermented malt beverages from premises within the municipality. Subject to
10s. 125.34 (5) and (6), a
A Class "A" license authorizes retail sales of fermented malt
11beverages for consumption off the premises where sold and in original packages,
12containers, and bottles. A Class "A" license also authorizes the licensee to provide,
13free of charge, to customers and visitors who have attained the legal drinking age
14fermented malt beverages taste samples that are not in original packages,
15containers, or bottles and that do not exceed 3 fluid ounces each, for consumption on
16the Class "A" premises. No Class "A" licensee may provide more than 2 taste samples
17per day to any one person. Taste samples may be provided under this subsection only
18between the hours of 11 a.m. and 7 p.m. Any other provision of this chapter
19applicable to retail sales of fermented malt beverages by a Class "A" licensee also
20applies to the provision of taste samples, free of charge, of fermented malt beverages
21by a Class "A" licensee. A license may be issued after July 1. That license shall expire
22on the following June 30.
AB40-ASA1, s. 2604bu 23Section 2604bu. 125.25 (2) (b) 1. of the statutes is amended to read:
AB40-ASA1,1067,224 125.25 (2) (b) 1. Beginning on May 5, 1994, a A Class "A" license may not be
25issued to a person holding a wholesaler's license permit issued under s. 125.28 or to

1a person who has a direct or indirect ownership interest in a premises operating
2under a wholesaler's license permit issued under s. 125.28.
AB40-ASA1, s. 2604db 3Section 2604db. 125.25 (2) (b) 2., 3. and 4. of the statutes are repealed.
AB40-ASA1, s. 2604dd 4Section 2604dd. 125.25 (3) of the statutes is amended to read:
AB40-ASA1,1067,85 125.25 (3) Class "A" licenses shall particularly describe the premises for which
6issued and are not transferable, except under sub. (2) (b) 4. and s. 125.04 (12). A Class
7"A" license is subject to revocation for violation of any of the terms or provisions
8thereof.
AB40-ASA1, s. 2604df 9Section 2604df. 125.26 (1) of the statutes is amended to read:
AB40-ASA1,1067,1810 125.26 (1) Every municipal governing body may issue Class "B" licenses for the
11sale of fermented malt beverages from premises within the municipality and may
12authorize an official or body of the municipality to issue temporary Class "B" licenses
13under sub. (6). Subject to s. 125.34 (5) and (6), a A Class "B" license authorizes retail
14sales of fermented malt beverages to be consumed either on the premises where sold
15or off the premises. A license may be issued after July 1. That license shall expire
16on the following June 30. Persons holding a Class "B" license may sell beverages
17containing less than 0.5% of alcohol by volume without obtaining a license under s.
1866.0433 (1).
AB40-ASA1, s. 2604dh 19Section 2604dh. 125.26 (2) (b) 1. of the statutes is amended to read:
AB40-ASA1,1067,2120 125.26 (2) (b) 1. Except as provided in ss. s. 125.295 and 125.31, Class "B"
21licenses may not be issued to brewers or brewpubs.
AB40-ASA1, s. 2604dj 22Section 2604dj. 125.26 (2) (b) 2. a. of the statutes is renumbered 125.26 (2)
23(b) 2. and amended to read:
AB40-ASA1,1068,324 125.26 (2) (b) 2. Except as provided in s. 125.29, beginning on May 5, 1994, a
25A Class "B" license may not be issued to a person holding a wholesaler's license

1permit issued under s. 125.28 or to a person who has a direct or indirect ownership
2interest in a premises operating under a wholesaler's license permit issued under s.
3125.28.
AB40-ASA1, s. 2604dm 4Section 2604dm. 125.26 (2) (b) 2. b. and c. of the statutes are repealed.
AB40-ASA1, s. 2604do 5Section 2604do. 125.275 (2) (b) 1. of the statutes is renumbered 125.275 (2)
6(b) and amended to read:
AB40-ASA1,1068,107 125.275 (2) (b) Beginning on May 5, 1994, an An industrial fermented malt
8beverages permit may not be issued to a person holding a wholesaler's license permit
9issued under s. 125.28 or to a person who has a direct or indirect ownership interest
10in a premises operating under a wholesaler's license permit issued under s. 125.28.
AB40-ASA1, s. 2604dp 11Section 2604dp. 125.275 (2) (b) 2. and 3. of the statutes are repealed.
AB40-ASA1, s. 2604dq 12Section 2604dq. 125.28 (title) of the statutes is amended to read:
AB40-ASA1,1068,13 13125.28 (title) Wholesalers' licenses permits.
AB40-ASA1, s. 2604ds 14Section 2604ds. 125.28 (1) of the statutes is amended to read:
AB40-ASA1,1068,2115 125.28 (1) (a) Subject to par. (b), every municipal governing body the
16department
may issue licenses permits to wholesalers for the sale of fermented malt
17beverages from premises within the municipality this state, which premises shall
18comply with the requirements under s. 125.34 (2). Subject to s. 125.34, and except
19as provided in pars. (e) and (f),
a wholesaler's license permit authorizes sales of
20fermented malt beverages only in original packages or containers to retailers or
21wholesalers, not to be consumed in or about the wholesaler's premises.
AB40-ASA1,1069,922 (b) If a wholesaler does not maintain any warehouse in this state but is licensed
23and maintains a warehouse in an adjoining state that allows wholesalers licensed
24holding a wholesaler's permit in this state to deliver fermented malt beverages to
25retailers in the adjoining state without warehousing in that state and that further

1requires that all fermented malt beverages be first unloaded and physically at rest
2at, and distributed from, the warehouse of the licensed wholesaler in that state, the
3wholesaler's license permit shall be issued by the governing body of the municipality
4in which some part of the wholesaler's business is conducted in this state

5department. Notwithstanding s. 125.04 (5) (a) 2. and (c) and (6), the municipal
6governing body
department may issue the wholesaler's license permit to a
7wholesaler described in this paragraph who is a natural person and not a resident
8of this state or that is a corporation or limited liability company and has not
9appointed an agent in this state.
AB40-ASA1,1069,1110 (c) No additional license or permit is required for the solicitation of orders for
11sale to or by licensed wholesalers holding a permit under this section.
AB40-ASA1,1069,1412 (d) Wholesalers licensed holding a permit under this section, employees of such
13wholesalers, and individuals representing such wholesalers may not provide or
14participate in providing taste samples under ss. 125.25 (1) and 125.33 (12).
AB40-ASA1, s. 2604du 15Section 2604du. 125.28 (1) (e) and (f) of the statutes are created to read:
AB40-ASA1,1069,1916 125.28 (1) (e) Notwithstanding ss. 125.04 (9) and 125.09 (1), if a wholesaler was
17issued a retail license prior to January 1, 2011, then the wholesaler may, under its
18wholesaler's permit, continue to sell at retail fermented malt beverages to
19individuals as was permitted under the previously issued retail license.
AB40-ASA1,1069,2220 (f) A wholesaler's permit authorizes the wholesaler to sell or give fermented
21malt beverages to its employees. Fermented malt beverages may be consumed on a
22wholesaler's premises at events not open to the general public.
AB40-ASA1, s. 2604ed 23Section 2604ed. 125.28 (2) (a) of the statutes is amended to read:
AB40-ASA1,1070,324 125.28 (2) (a) A wholesaler's license permit may be issued to any person
25qualified under s. 125.04 (5) except a person acting as an agent for, or in the employ

1of, another person. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to
2complete a responsible beverage server training course to be qualified for a license
3permit under this section.
AB40-ASA1, s. 2604ef 4Section 2604ef. 125.28 (2) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,1070,75 125.28 (2) (b) (intro.) Except as provided in par. (c) and s. 125.29, beginning on
6May 5, 1994, a
A wholesaler's license permit may not be issued to any of the
7following:
AB40-ASA1, s. 2604eg 8Section 2604eg. 125.28 (2) (b) 1. b. and c. and 2. of the statutes are amended
9to read:
AB40-ASA1,1070,1110 125.28 (2) (b) 1. b. A Class "B" license issued under s. 125.26, except as provided
11in s. 125.29 (4)
.
AB40-ASA1,1070,1212 c. A Class "B" permit issued under s. 125.27, except as provided in s. 125.29 (4).
AB40-ASA1,1070,1513 2. A Except as provided in s. 125.33 (2m), a person who has a direct or indirect
14ownership interest in a premises operating under one or more of the licenses or
15permits listed in subd. 1. a. to e. f.
AB40-ASA1, s. 2604eh 16Section 2604eh. 125.28 (2) (b) 1. f. of the statutes is created to read:
AB40-ASA1,1070,1717 125.28 (2) (b) 1. f. A brewer's permit issued under s. 125.29.
AB40-ASA1, s. 2604ej 18Section 2604ej. 125.28 (2) (c) of the statutes is repealed.
AB40-ASA1, s. 2604em 19Section 2604em. 125.28 (2) (d) and (e) of the statutes are created to read:
AB40-ASA1,1070,2320 125.28 (2) (d) Notwithstanding par. (b) 1. f. and 2., a wholesaler may not hold
21any ownership interest in any brewer, except a wholesaler that holds an ownership
22interest in a brewer on the effective date of this paragraph .... [LRB inserts date], may
23continue to hold that interest.
AB40-ASA1,1071,224 (e) 1. Any person holding an unexpired wholesaler's license issued under s.
25125.28, 2009 stats., prior to January 1, 2012, shall be treated as holding a valid

1wholesaler's permit under this section until January 1, 2013. On January 1, 2013,
2all wholesaler's licenses issued under s. 125.28, 2009 stats., shall be void.
AB40-ASA1,1071,73 2. After January 1, 2012, the department shall issue to each person holding an
4unexpired wholesaler's license issued under s. 125.28, 2009 stats., a wholesaler's
5permit if the person does not hold a license or permit prohibited under par. (b). The
6issuance of a wholesaler's permit by the department to any person shall invalidate
7any previous wholesaler's license issued under s. 125.28, 2009 stats., to the person.
AB40-ASA1, s. 2604eo 8Section 2604eo. 125.28 (3) of the statutes is amended to read:
AB40-ASA1,1071,129 125.28 (3) Wholesalers' licenses permits shall particularly describe the
10premises for which issued and are not transferable, except as provided in ss. s. 125.04
11(12) and 125.25 (2) (b) 4. A wholesaler's license permit is subject to revocation for
12violation of any of the terms or provisions thereof.
AB40-ASA1, s. 2604eq 13Section 2604eq. 125.28 (4) of the statutes is amended to read:
AB40-ASA1,1071,1914 125.28 (4) The amount of the license permit fee shall be determined established
15by the municipal governing body issuing the license but department and shall be an
16amount that is sufficient to fund one special agent position dedicated to alcohol and
17tobacco enforcement at the department, but the permit fee
may not exceed $25
18$2,500 per year or fractional part thereof. All permit fees received under this
19subsection shall be credited to the appropriation account under s. 20.566 (1) (hd).
AB40-ASA1, s. 2604es 20Section 2604es. 125.28 (5) of the statutes is created to read:
AB40-ASA1,1072,221 125.28 (5) (a) The premises described in a permit issued under this section
22shall be capable of warehousing fermented malt beverages. Any fermented malt
23beverages sold by the wholesaler shall be physically unloaded at the premises
24described in the permit, or at any warehouse premises for which the wholesaler also

1holds a permit under this section and a permit issued under s. 125.19, prior to being
2delivered to a retail licensee or to another wholesaler.
AB40-ASA1,1072,93 (b) A wholesaler under this section shall annually sell and deliver fermented
4malt beverages to at least 25 retail licensees or other wholesalers that do not have
5any direct or indirect interest in each other or in the wholesaler. The department
6may not issue a permit under this section unless the applicant represents to the
7department an intention to satisfy this requirement, and may not renew a permit
8issued under this section unless the wholesaler demonstrates that this requirement
9has been satisfied.
AB40-ASA1,1072,1210 (c) No fermented malt beverages retail licensee or wholesaler may receive a
11benefit from a violation under par. (a) or (b) with knowledge of the circumstances
12giving rise to the violation.
AB40-ASA1,1072,1713 (d) 1. A wholesaler that violates this subsection shall be fined not more than
14$10,000. In addition, a court shall order the wholesaler to forfeit an amount equal
15to any profit gained by the wholesaler or retail licensee that violates par. (c), or by
16both, resulting from the violation, and the court shall further order that the
17wholesaler's permit be revoked.
AB40-ASA1,1072,2118 2. A court shall order a retail licensee or wholesaler that violates this
19subsection to forfeit an amount equal to any profit gained by the retail licensee or
20wholesaler resulting from the violation, and the court shall further order that the
21retail license or wholesaler's permit be revoked.
AB40-ASA1,1072,2422 3. This paragraph shall not affect the authority of any municipality or the
23department to revoke, suspend, or refuse to renew or issue a license or permit under
24s. 125.12.
AB40-ASA1,1073,9
1(e) The department shall promulgate rules to administer and enforce the
2requirements under this subsection. The rules shall ensure coordination between
3the department's issuance and renewal of permits under this section and its
4enforcement of the requirements of this subsection, and shall require that all
5applications for issuance or renewal of permits under this section be processed by
6department personnel generally familiar with activities of fermented malt beverages
7wholesalers. The department shall establish by rule minimum requirements for
8warehouse facilities on premises described in permits issued under this section and
9for periodic site inspections by the department of such warehouse facilities.
AB40-ASA1, s. 2604eu 10Section 2604eu. 125.29 (1) of the statutes is amended to read:
AB40-ASA1,1073,1411 125.29 (1) Permit. No person may operate as a brewer unless that person
12obtains a permit from the department. Each wholesaler required to register under
13s. 139.09 shall obtain a permit under this subsection.
A permit under this section
14may only be issued to a person who holds a valid certificate issued under s. 73.03 (50).
AB40-ASA1, s. 2604fc 15Section 2604fc. 125.29 (2) (title) of the statutes is repealed and recreated to
16read:
AB40-ASA1,1073,1717 125.29 (2) (title) Interest restrictions.
AB40-ASA1, s. 2604fe 18Section 2604fe. 125.29 (2) of the statutes is renumbered 125.29 (2) (a) and
19amended to read:
AB40-ASA1,1073,2220 125.29 (2) (a) Except as provided in s. 125.31, no No person holding a Class "A"
21license,
Class "B" license or permit, or wholesaler's permit issued under this chapter
22may register as a brewer.
AB40-ASA1, s. 2604fg 23Section 2604fg. 125.29 (2) (b) of the statutes is created to read:
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