2015 Wisconsin Act 55

55,3426 Section 3426. 125.06 (12) of the statutes is amended to read:

125.06 (12) Bed and breakfast establishments. The provision by a bed and breakfast establishment, as defined under s. 254.61 (1) 97.01 (1g), of not more than 2 complimentary 4-fluid-ounce glasses of wine per day to a person renting a room at the bed and breakfast establishment for consumption on the premises of the bed and breakfast establishment.

55,3427 Section 3427. 125.07 (3) (a) 6. of the statutes is amended to read:

125.07 (3) (a) 6. Premises operated under both a Class "B" or "Class B" license or permit and a restaurant permit license under s. 97.30 for a restaurant where the principal business conducted is that of a restaurant. If the premises are operated under both a Class "B" or "Class B" license or permit and a restaurant permit license under s. 97.30 for a restaurant, the principal business conducted is presumed to be the sale of alcohol beverages, but the presumption may be rebutted by competent evidence.

55,3428 Section 3428. 125.07 (3) (a) 6m. of the statutes is amended to read:

125.07 (3) (a) 6m. Premises operating under both a "Class C" license and a restaurant permit license under s. 97.30 for a restaurant.

55,3430 Section 3430. 125.29 (6) of the statutes is amended to read:

125.29 (6) Restaurants. A brewer may operate a restaurant on the brewery premises and at an off-site retail outlet established by the brewer. A brewer may not hold a restaurant permit license under s. 97.30 for a restaurant for the operation of a restaurant at any other location except that a brewer may possess or hold an indirect interest in a Class "B" license for not more than 20 restaurants in each of which the sale of alcohol beverages accounts for less than 60 percent of the restaurant's gross receipts if no fermented malt beverages manufactured by the brewer are offered for sale in any of these restaurants.

55,3431 Section 3431. 125.295 (2) (a) 3. of the statutes is amended to read:

125.295 (2) (a) 3. The applicant operates a restaurant on the premises for which the permit is issued, for which a restaurant permit license is issued under s. 254.64 97.30 for a restaurant.

55,3432 Section 3432. 125.295 (2) (b) of the statutes is amended to read:

125.295 (2) (b) If an applicant under par. (a) has no current operations, the applicant may certify that the applicant has applied for or will apply for a Class "B" license or restaurant permit license under s. 97.30 for a restaurant or will comply with any other requirement under par. (a), prior to or upon commencing operations authorized under this section. If a Class "B" license or restaurant permit license under s. 97.30 for a restaurant is not subsequently issued to the applicant, or if the applicant otherwise fails to comply with any requirement for eligibility under par. (a), the department may revoke under s. 125.12 (5) the permit issued under this section.

55,3432am Section 3432am. 125.51 (1) (a) of the statutes is amended to read:

125.51 (1) (a) Every Subject to sub. (2) (e) 2., every municipal governing body may grant and issue "Class A" and "Class B" licenses for retail sales of intoxicating liquor, and "Class C" licenses for retail sales of wine, from premises within the municipality to persons entitled to a license under this chapter as the issuing municipal governing body deems proper and may authorize an official or body of the municipality to issue temporary "Class B" licenses under sub. (10). No "Class B" license may be issued to a winery under sub. (3) (am) unless the winery has been issued a permit under s. 125.53 and the winery is capable of producing at least 5,000 gallons of wine per year in no more than 2 locations.

55,3432b Section 3432b. 125.51 (1) (c) 1. of the statutes is amended to read:

125.51 (1) (c) 1. Except as provided in subd. 2., the municipal governing body, or the duly authorized committee of a city council, shall meet not later than May 15 annually, and be in session from day to day thereafter so long as may be necessary, for the purpose of acting upon license applications filed with it on or before April 15. The Subject to sub. (2) (e) 2., the governing body or committee shall grant, issue, or deny each application not later than June 15 for the ensuing license year. Licenses may be granted for issuance at a later date when the applicant has complied with all requirements for the issuance of the license. The governing body or committee may accept and act upon any application filed at any other time. The governing body or committee may not deny an application for renewal of an existing license unless a statement of the reason for the denial is included in its clerk's minutes.

55,3432bm Section 3432bm. 125.51 (2) (d) of the statutes is renumbered 125.51 (2) (d) 1.

55,3432c Section 3432c. 125.51 (2) (d) 2. of the statutes is created to read:

125.51 (2) (d) 2. Notwithstanding subd. 1., there is no annual fee or initial issuance fee for a "Class A" license issued under par. (e) 2.

55,3432cm Section 3432cm. 125.51 (2) (e) of the statutes is created to read:

125.51 (2) (e) 1. In this paragraph, "cider" means any alcohol beverage that is obtained from the fermentation of the juice of apples or pears and that contains not less than 0.5 percent alcohol by volume and not more than 7.0 percent alcohol by volume. "Cider" includes flavored, sparkling, and carbonated cider.

2. Notwithstanding s. 125.68 (3), upon application, a municipal governing body shall grant and issue a "Class A" license to the applicant if all of the following apply:

a. The application is made for a "Class A" license containing the condition that retail sales of intoxicating liquor are limited to cider.

b. The applicant holds a Class "A" license issued under s. 125.25 for the same premises for which the "Class A" license application is made.

3. Notwithstanding par. (a) and s. 125.06 (13), a person issued a "Class A" license under subd. 2. may not make retail sales, or provide taste samples, of any intoxicating liquor other than cider. Paragraph (am) does not apply to a person issued a "Class A" license under subd. 2.

55,3432d Section 3432d. 125.51 (3) (e) 1. of the statutes is amended to read:

125.51 (3) (e) 1. Except as provided in subds. 2. and 3. to 4., the annual fee for a "Class B" license shall be 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 does not apply to licenses issued to bona fide clubs and lodges situated and incorporated in the state for at least 6 years.

55,3432e Section 3432e. 125.51 (3) (e) 2. of the statutes is amended 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., and, if the municipality contains a capital improvement area enumerated under sub. (4) (x) 2. a., for an initial issuance of a "Class B" license under sub. (4) (x) 3. and 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., and a "Class B" license issued under sub. (4) (x) 3. or 4. is the fee established under subd. 1. A municipality may not rebate or refund to a "Class B" licensee, including through any grant program, the fee paid by the licensee under this subdivision for initial issuance of a reserve "Class B" license.

55,3432g Section 3432g. 125.51 (3) (e) 4. of the statutes is created to read:

125.51 (3) (e) 4. In addition to any fee under subd. 1. or 2., there is a $10,000 issuance fee for a license transferred to the issuing municipality under sub. (4) (e).

55,3432h Section 3432h. 125.51 (3) (e) 5. of the statutes is created to read:

125.51 (3) (e) 5. Notwithstanding subd. 2., a municipal governing body may not establish an initial issuance fee for a "Class B" license issued under sub. (4) (w) 5. that exceeds the annual fee established for the license under subd. 1.

55,3432i Section 3432i. 125.51 (4) (b) (intro.) of the statutes is amended to read:

125.51 (4) (b) (intro.) Except as provided in pars. (bg), (c), and (d), the quota of each municipality is the sum of the following:

55,3432k Section 3432k. 125.51 (4) (bg) of the statutes is created to read:

125.51 (4) (bg) The quota under par. (b) for a municipality shall be increased by each license transferred to the municipality under par. (e) and shall be decreased by each license transferred from the municipality under par. (e).

55,3432m Section 3432m. 125.51 (4) (bm) (intro.) of the statutes is amended to read:

125.51 (4) (bm) (intro.) The clerk of each municipality shall record the municipality's population, as defined in par. (a) 2., and the number of licenses for each of the following categories:

55,3432o Section 3432o. 125.51 (4) (bm) 2. of the statutes is amended to read:

125.51 (4) (bm) 2. Described in par. (b) 1g.; and

55,3432q Section 3432q. 125.51 (4) (bm) 4. of the statutes is created to read:

125.51 (4) (bm) 4. That are transferred from the municipality or transferred to the municipality under par. (e).

55,3432r Section 3432r. 125.51 (4) (br) 1. (intro.) of the statutes is amended to read:

125.51 (4) (br) 1. (intro.) Except as provided in subd. subds. 2. and 3., the number of reserve "Class B" licenses authorized to be issued by a municipality shall be determined as follows:

55,3432s Section 3432s. 125.51 (4) (br) 3. of the statutes is created to read:

125.51 (4) (br) 3. A reserve "Class B" license transferred to a municipality may be issued by that municipality as provided in par. (e) and shall be counted under par. (bm) 4., not par. (bm) 3.

55,3432t Section 3432t. 125.51 (4) (e) of the statutes is created to read:

125.51 (4) (e) 1. If a municipality has issued a number of licenses equal to its quota, the municipality may make a request to any contiguous municipality that has not issued a number of licenses equal to the contiguous municipality's quota that the contiguous municipality transfer a license to the requesting municipality.

2. If the request under subd. 1. is granted, then upon payment of a nonrefundable transfer fee of $10,000 by the requesting municipality to the transferring municipality, the license is transferred.

3. A municipality may transfer or receive more than one license under this paragraph as long as each transfer meets the requirements of this paragraph. After transfer of a license under this paragraph, the municipality receiving the license may issue and renew the license in the same manner as other licenses that have not been so transferred. If a license transferred under this paragraph is a reserve "Class B" license, it does not lose its character as a reserve "Class B" license because of the transfer. Upon reissuance of the reserve "Class B" license by the receiving municipality, the initial issuance fee under sub. (3) (e) 2. does not again apply.

4. Notwithstanding subds. 1. to 3., if a municipality has not issued any licenses, the municipality may not transfer any licenses under this paragraph.

55,3432u Section 3432u. 125.51 (4) (v) 1. of the statutes is repealed.

55,3432ur Section 3432ur. 125.51 (4) (w) 5. of the statutes is created to read:

125.51 (4) (w) 5. Notwithstanding pars. (am) to (d) and s. 125.185 (5), the town of Wyoming in Iowa County may issue one "Class B" license in addition to the number of licenses determined for the town's quota under pars. (b) to (d). No "Class B" license may be issued under this subdivision after the first day of the 7th month beginning after the effective date of this subdivision .... [LRB inserts date]. If the "Class B" license issued under this subdivision is surrendered to the issuing town, not renewed, or revoked, the town may not reissue the license.

55,3432w Section 3432w. 125.53 (3) of the statutes is created to read:

125.53 (3) A winery holding a permit under this section may not hold a Class "B" license unless the Class "B" license was issued to the winery prior to the effective date of this subsection .... [LRB inserts date].

55,3433 Section 3433. 125.68 (5) of the statutes is amended to read:

125.68 (5) Restaurant sanitation rules. No applicant may obtain a "Class B" license or permit or a "Class C" license unless the premises complies with the rules promulgated by the department of health services agriculture, trade and consumer protection governing sanitation in restaurants. However, the department of health services agriculture, trade and consumer protection may not restrict the serving of cheese without charge in individual portions to customers as permitted by s. 254.61 (5) 97.01 (14g).

55,3434 Section 3434. 126.56 (2) (b) of the statutes is amended to read:

126.56 (2) (b) A restaurant or other retail food establishment that procures processing vegetables solely for retail sale at the restaurant or other retail food establishment.

55,3434c Section 3434c. 134.405 (2) of the statutes is amended to read:

134.405 (2) Purchases of ferrous scrap. A Except as provided in sub. (3m), a scrap metal dealer may purchase scrap metal other than nonferrous scrap, a metal article, or a proprietary article from any person over the age of 18.

55,3434g Section 3434g. 134.405 (3) (a) (intro.) of the statutes is amended to read:

134.405 (3) (a) (intro.) Subject to par. (b) and except as provided in sub. (3m), a scrap dealer may purchase nonferrous scrap, metal articles, or proprietary articles from any person who is over the age of 18 if all of the following apply:

55,3434n Section 3434n. 134.405 (3m) of the statutes is created to read:

134.405 (3m) Motor vehicles. Before a scrap metal dealer may acquire a motor vehicle for ferrous scrap, nonferrous scrap, metal articles, or proprietary articles, the dealer shall examine the certificate of title for the motor vehicle, or examine the title records of the department of transportation if the person transferring the motor vehicle is not in possession of the certificate of title, to determine whether there is any security interest in the motor vehicle. No scrap metal dealer may acquire a motor vehicle for ferrous scrap, nonferrous scrap, metal articles, or proprietary articles if the certificate of title for the motor vehicle identifies a holder of a security interest in the motor vehicle. A scrap metal dealer who demonstrates that the dealer has acted in accordance with this subsection is not liable for any damages incurred by a person who asserts a security interest in a motor vehicle and who is not named on the certificate of title of the vehicle.

55,3434r Section 3434r. 134.405 (5) (a) (intro.) of the statutes is created to read:

134.405 (5) (a) (intro.) Except as provided in par. (am):

55,3434w Section 3434w. 134.405 (5) (am) of the statutes is created to read:

134.405 (5) (am) A scrap metal dealer who knowingly violates sub. (3m) may be fined not more than $250 for a first offense, not more than $750 for a 2nd offense, and not more than $1,500 for a 3rd or subsequent offense.

55,3443f Section 3443f. 138.14 (6) (b) 1. (intro.) of the statutes is amended to read:

138.14 (6) (b) 1. (intro.) Except as provided in subd. 2., a A licensee may conduct, and permit others to conduct, at the place of business specified in its license, one or more of the following businesses not subject to this section or a business providing any of the following services or any combination of these:

55,3443h Section 3443h. 138.14 (6) (b) 1. a. of the statutes is amended to read:

138.14 (6) (b) 1. a. A currency exchange under s. 218.05, including providing those services commonly offered by a currency exchange.

55,3443j Section 3443j. 138.14 (6) (b) 1. e. and f. of the statutes are created to read:

138.14 (6) (b) 1. e. The sale of insurance, annuities, and related products.

f. Any financial or consumer finance services subject to regulation by statute or rule.

55,3443m Section 3443m. 138.14 (6) (b) 2. of the statutes is amended to read:

138.14 (6) (b) 2. A licensee may not sell merchandise or and conduct other business not included in subd. 1. at the place of business specified in the license unless written authorization is granted to the licensee by the division if the licensee holds any applicable license, permit, or other approval required by law to sell the merchandise or conduct the other business. Any business specified in subd. 1. a. to d. is subject to applicable licensing requirements under the provisions referenced in subd. 1. a. to d. and the provision of any service specified in subd. 1. e. and f. is subject to any applicable requirement related to obtaining a license, permit, or other approval before providing the service.

55,3445m Section 3445m. 139.01 (2m) of the statutes is amended to read:

139.01 (2m) "Cider" means any alcoholic beverage that is obtained from the alcoholic fermentation of the juice of apples or pears and that contains not less than 0.5% alcohol by volume and not more than 7.0% alcohol by volume. "Cider" includes, but is not limited to, flavored, sparkling and carbonated cider.

55,3445p Section 3445p. 139.32 (5) of the statutes is amended to read:

139.32 (5) Manufacturers, bonded direct marketers, and distributors who are authorized by the department to purchase tax stamps shall receive a discount of 0.7 0.8 percent of the tax paid on stamp purchases.

55,3482m Section 3482m. 146.40 (1) (g) of the statutes is amended to read:

146.40 (1) (g) "Student nurse" means an individual who is currently enrolled in a school for professional nurses or a school for licensed practical nurses that meets standards established under s. 441.01 (4), or who has successfully completed the course work of a basic nursing course of the school but has not successfully completed the examination under s. 441.05 441.06 (1) (e) or 441.10 (2) 441.10 (1) (f).

55,3483 Section 3483. 146.82 (1) of the statutes is amended to read:

146.82 (1) Confidentiality. All patient health care records shall remain confidential. Patient health care records may be released only to the persons designated in this section or to other persons with the informed consent of the patient or of a person authorized by the patient. This subsection does not prohibit reports made in compliance with s. 253.12 (2), 255.40, or 979.01; records generated or and disclosed to the controlled substances board pursuant to rules promulgated under s. 450.19 961.385; testimony authorized under s. 905.04 (4) (h); or releases made for purposes of health care operations, as defined in 45 CFR 164.501, and as authorized under 45 CFR 164, subpart E.

55,3483g Section 3483g. 146.89 (1) (d) 2. of the statutes is amended to read: