AB492: Bill Text

AB492,53 Section 53. 125.69 (6) (a) of the statutes is amended to read:

AB492,23,19 125.69 (6) (a) No Except as provided in s. 125.525 (2) (f), no campus or retail licensee or permittee may purchase intoxicating liquor from, or possess intoxicating liquor purchased from, any person other than a wholesaler holding a permit under this chapter for the sale of intoxicating liquor.

AB492,54 Section 54. 125.70 of the statutes is amended to read:

AB492,24,7 125.70 Trade show samples. A manufacturer, rectifier, distillpub, winery, or intoxicating liquor wholesaler may furnish, free of charge, on “Class B" premises, taste samples of intoxicating liquor to any person who has attained the legal drinking age and who is attending a trade show, conference, convention, or similar business meeting, that is held on those premises, of a bona fide national or statewide trade association that derives income from membership dues of “Class B" licensees. Taste samples may not be furnished under this section at more than 2 such events of any one trade association per year. No intoxicating liquor brought on “Class B" premises under this section may remain on those premises after the close of the trade show, conference, convention, or business meeting. No limitation under this section applies to a distillpub with respect to premises operating under a “Class B” license issued to the distillpub.

AB492,55 Section 55. 139.01 (2o) of the statutes is created to read:

AB492,24,9 139.01 (2o) “Distillpub” means a permittee under s. 125.525.

AB492,56 Section 56. 139.01 (5) of the statutes is amended to read:

AB492,24,14 139.01 (5) A “manufacturer" is a person, other than a rectifier or distillpub, who manufactures or distills intoxicating liquors, including selling at wholesale such intoxicating liquors manufactured or distilled by the licensee at the premises designated in the license.

AB492,57 Section 57. 139.01 (6) of the statutes is amended to read:

AB492,25,4 139.01 (6) A “rectifier" is a person, other than a distillpub, who rectifies, purifies or refines distilled spirits or wines by any process other than by original and continuous distillation from mash, wort or wash, through continuous closed vessels or pipes, until the manufacture thereof is complete, or who has in his or her possession any still or leach tub or keeps any other apparatus for the purpose of refining in any manner distilled spirits or the other liquors, or who after rectifying and purifying distilled spirits, by mixing such spirits or liquors with any materials, manufactures any spurious, imitation or compound liquors for sale, and any person who, without rectifying, purifying or refining distilled spirits, by mixing such spirits with any materials, manufactures any spurious, imitation or compound liquors for sale under the name of “whiskey," “brandy," “gin," “ rum," “spirits," “cordials" or any other name, and who is also a distiller or is under substantially the same management or control as a distiller. A rectifier may sell at wholesale intoxicating liquors rectified by him or her without any other license than that of a rectifier.

AB492,58 Section 58. 139.01 (10) of the statutes is amended to read:

AB492,25,9 139.01 (10) “Wholesaler" as applied to a seller of fermented malt beverages has the same meaning as in s. 125.02, and as applied to a seller of intoxicating liquors is any person other than a manufacturer or, rectifier, or distillpub who sells such liquors to licensed retailers or other permittees for the purpose of resale.

AB492,59 Section 59. 139.03 (2x) (a) of the statutes is amended to read:

AB492,25,17 139.03 (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, distillpub, 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 a return by the 15th day of the month following the month in which the new tax rate becomes effective and shall pay any tax due on it, as determined under par. (b).

AB492,60 Section 60. 139.04 (4) of the statutes is amended to read:

AB492,25,21 139.04 (4) Sale or shipment of fermented malt beverages by a brewer to a bottler or of intoxicating liquor in bulk between manufacturers, rectifiers, distillpubs, and wineries.

AB492,61 Section 61. 139.06 (3) of the statutes is amended to read:

AB492,26,4 139.06 (3) In shipping intoxicating liquor in bulk for the purpose of bottling or rectifying to a rectifier or distillpub located within the state, the manufacturer shall securely affix thereto a label or statement, in such form as is prescribed by the secretary, reciting that the shipment is made for the purpose of bottling or rectifying. Each manufacturer making such shipments shall file an information report that shows the dates and quantities of shipments and the name and address of each consignee.

AB492,62 Section 62. 139.08 (4) of the statutes is amended to read:

AB492,26,20 139.08 (4) Inspection for enforcement. Duly authorized employees of the department of justice and the department of revenue and any sheriff, police officer, marshal, or constable, within their respective jurisdictions, may at all reasonable hours enter any licensed premises, and examine the books, papers, and records of any brewer, brewpub, manufacturer, bottler, rectifier, distillpub, wholesaler, or retailer, for the purpose of inspecting the same and determining whether the tax and fee imposed by ss. 139.01 to 139.25 have been fully paid, and may inspect and examine, according to law, any premises where fermented malt beverages or intoxicating liquors are manufactured, sold, exposed for sale, possessed, or stored, for the purpose of inspecting the same and determining whether the tax imposed by ss. 139.01 to 139.25 has been fully paid, and whether ss. 139.01 to 139.25 and ch. 125 are being complied with. Any refusal to permit such examination of such premises is sufficient grounds under s. 125.12 for revocation or suspension of any license or permit granted for the sale of any fermented malt beverages or intoxicating liquors and is punishable under s. 139.25 (10).

AB492,63 Section 63. 139.09 of the statutes is amended to read:

AB492,26,25 139.09 Registration. Every brewer, brewpub, bottler, manufacturer, rectifier, distillpub, wholesaler, or retailer liable for payment of the occupational tax imposed in ss. 139.01 to 139.25 shall hold a valid certificate under s. 73.03 (50). The secretary shall assign the person a registration number.

AB492,64 Section 64. 139.11 (2) of the statutes is amended to read:

AB492,27,9 139.11 (2) Report. Each brewer, brewpub, bottler, manufacturer, rectifier, distillpub, and wholesaler shall on or before the 15th day of each calendar month or the dates prescribed by the secretary file a verified report of all fermented malt beverages or intoxicating liquor manufactured, received, sold, delivered, or shipped by him or her during the preceding calendar month, except that the department may allow wholesale, winery, and out-of-state shipper permittees whose tax liability is less than $500 per quarter to file on a quarterly basis. Quarterly reports shall be filed on or before the 15th of the next month following the close of the calendar quarter.

AB492,65 Section 65. 139.11 (3) of the statutes is amended to read:

AB492,27,25 139.11 (3) Secretary's powers. When the secretary finds that the records kept by any brewer, brewpub, bottler, manufacturer, rectifier, distillpub, wholesaler, or retailer are in such condition that an unusual amount of time is required to determine therefrom the amount of tax due, the secretary may give notice of such fact to such person and may require the records to be kept in such form as the secretary prescribes. If such requirements are not complied with within 30 days after the date of the notice, the brewer, brewpub, bottler, manufacturer, rectifier, distillpub, wholesaler, or retailer shall pay the expenses reasonably attributable to the determination of tax at the rate of $30 per day for each auditor. The secretary shall render a bill therefor by registered mail to the person charged with payment at the conclusion of the audit, which bill shall constitute notice of assessment and demand of payment thereof. The brewer, brewpub, bottler, manufacturer, rectifier, distillpub, wholesaler, or retailer shall, within 10 days after the mailing of the bill, pay its amount, and such payment shall be credited to the appropriation made in s. 20.566 (1) (a).

AB492,66 Section 66. 139.11 (4) (b) 2. of the statutes is amended to read:

AB492,28,8 139.11 (4) (b) 2. A current and regularly updated list, made available on paper and on the department's Internet Web site, of permit holders that minimally includes detailed information on the name, address, contact person, and date of permit issuance for every manufacturer's and rectifier's permit issued under s. 125.52, distillpub permit issued under s. 125.525, winery permit issued under s. 125.53, direct wine shipper's permit issued under s. 125.535, wholesaler's permit issued under s. 125.54, and out-of-state shipper's permit issued under s. 125.58.

AB492,67 Section 67. 139.18 (2) of the statutes is amended to read:

AB492,28,13 139.18 (2) The possession of intoxicating liquor on which a tax has not been paid except upon the premises of a manufacturer, rectifier, distillpub, or wholesaler, or any licensed public warehouse shall be deemed prima facie evidence that such liquor is possessed with the intent to sell it contrary to law.

AB492,68 Section 68. 139.22 of the statutes is amended to read:

AB492,28,25 139.22 Confiscation. If a duly authorized employee of the department of revenue or the department of justice or any sheriff, police officer, marshal, or constable, within his or her respective jurisdiction, discovers any fermented malt beverages upon any premises other than the premises of a brewer, brewpub, or bottler, or any intoxicating liquor upon any premises other than the premises of a manufacturer, rectifier, distillpub, winery, or wholesaler, and upon which the tax has not been paid or which was possessed, kept, stored, manufactured, sold, distributed, or transported in violation of ss. 139.01 to 139.25 and ch. 125, the employee or any such officer may immediately seize the fermented malt beverages or intoxicating liquors. Any such fermented malt beverages or intoxicating liquors so seized shall be held by the department of revenue and disposed of under s. 125.14 (2) (e).

AB492,69 Section 69. 346.93 (1) of the statutes is amended to read:

AB492,29,8 346.93 (1) No underage person, as defined under s. 125.02 (20m), may knowingly possess, transport, or have under his or her control any alcohol beverage in any motor vehicle unless the person is employed by a brewer, brewpub, alcohol beverage licensee, wholesaler, retailer, distributor, manufacturer, or rectifier, or distillpub and is possessing, transporting, or having such beverage in a motor vehicle under his or her control during his or her working hours and in the course of employment, as provided under s. 125.07 (4) (bm).

AB492,70 Section 70. Effective date.

AB492,29,11 (1) This act takes effect on the first day of the 3rd month beginning after publication.

AB492,29,12 (End)