SB418,37
3Section 37
. 125.545 (1) (d) of the statutes is amended to read:
SB418,19,54
125.545
(1) (d) “Small winery" means any winery that produces and bottles less
5than
25,000 50,000 gallons of wine in a calendar year.
SB418,38
6Section 38
. 125.58 (1) of the statutes is amended to read:
SB418,19,247
125.58
(1) The department shall issue out-of-state shippers' permits which
8authorize persons located outside this state to sell or ship intoxicating liquor into this
9state. Except as provided under sub. (4), intoxicating liquor may be shipped into this
10state only to a person holding a wholesaler's permit under s. 125.54 or, if shipped
11from a manufacturer or rectifier in another state holding a permit under this section,
12to a person holding a manufacturer's or rectifier's permit under s. 125.52
, a distillpub
13permit under s. 125.525, or a winery permit under s. 125.53. Except as provided
14under sub. (4), a separate out-of-state shipper's permit is required for each location
15from which any intoxicating liquor is sold or shipped into this state, including the
16location from which the invoices are issued for the sales or shipments. Any person
17holding an out-of-state shipper's permit issued under this section may solicit orders
18for sales or shipments by the permittee without obtaining the sales solicitation
19permit required by s. 125.65, but every agent, salesperson or other representative
20who solicits orders for sales or shipments by an out-of-state shipper shall first obtain
21a permit for soliciting orders under s. 125.65. No holder of an out-of-state shipper's
22permit issued under this section may sell intoxicating liquor in this state or ship
23intoxicating liquor into this state unless the out-of-state shipper is the primary
24source of supply for that intoxicating liquor.
SB418,39
25Section 39
. 125.68 (4) (c) 3m. of the statutes is amended to read:
SB418,20,4
1125.68
(4) (c) 3m. No premises for which a “Class B" license has been issued
2under s. 125.51 (3) (am) may remain open for the sale of intoxicating liquor between
3the hours of
9 p.m. 2 a.m. and 8 a.m.
A municipality may, by ordinance, impose more
4restrictive hours than are provided in this subdivision.
SB418,40
5Section 40
. 125.68 (9) (b) of the statutes is amended to read:
SB418,20,96
125.68
(9) (b) All containers of intoxicating liquor sold in this state shall be
7clearly and legibly labeled with the name and address of the manufacturer
or
8distillpub and the name of the intoxicating liquor. The label shall meet any other
9labeling requirements created by the federal alcohol administration act.
SB418,41
10Section 41
. 125.68 (9) (d) of the statutes is amended to read:
SB418,20,1311
125.68
(9) (d) All packages or containers of intoxicating liquor delivered in this
12state shall bear seals affixed by the manufacturer
or distillpub so that the contents
13cannot be removed without breaking the seals.
SB418,42
14Section 42
. 125.68 (10) of the statutes is amended to read:
SB418,20,2015
125.68
(10) Shipments into state. (a) Except as provided in s. 125.535, no
16intoxicating liquor may be shipped into this state unless consigned to a person
17holding a wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or
18rectifier in another state holding a permit under s. 125.58, consigned to a person
19holding a manufacturer's or rectifier's permit under s. 125.52
, a distillpub permit
20under s. 125.525, or a winery permit under s. 125.53.
SB418,21,321
(b) Except as provided in
s. ss. 125.525 (2)(h) and 125.535, no common carrier
22or other person may transport into and deliver within this state any intoxicating
23liquor unless it is consigned to a person holding a wholesaler's permit under s. 125.54
24or, if shipped from a manufacturer or rectifier in another state holding a permit
25under s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit
1under s. 125.52
, a distillpub permit under s. 125.525, or a winery permit under s.
2125.53. Any common carrier violating this paragraph shall forfeit $100 for each
3violation.
SB418,43
4Section 43
. 125.69 (title) of the statutes is amended to read:
SB418,21,6
5125.69 (title)
Restrictions on dealings between manufacturers,
6rectifiers, distillpubs, wholesalers
, and retailers.
SB418,44
7Section 44
. 125.69 (1) (a) of the statutes is renumbered 125.69 (1) (a) 1. and
8amended to read:
SB418,21,139
125.69
(1) (a) 1.
No Except as provided in subds. 2. and 3., no intoxicating liquor
10manufacturer, rectifier,
distillpub, winery, out-of-state shipper permittee, or
11wholesaler may hold any direct or indirect interest in any “Class A" license or
12establishment and no “Class A" licensee may hold any direct or indirect interest in
13a wholesale permit or establishment
, except that a
.
SB418,21,18
142. A winery that has a permit under s. 125.53 may have an ownership interest
15in a “Class A" license and a person may hold a “Class A" license and both a winery
16permit under s. 125.53 and a manufacturer's or rectifier's permit under s. 125.52 and
17may make retail sales and provide taste samples as authorized under the “Class A"
18license and ss. 125.06 (13) and 125.52 (1) (b) 2.
SB418,45
19Section 45
. 125.69 (1) (a) 3. of the statutes is created to read:
SB418,21,2120
125.69
(1) (a) 3. A person may hold a distillpub permit and a “Class A” license
21as provided in s. 125.525 (4) (b) 4.
SB418,46
22Section 46
. 125.69 (1) (b) 1. of the statutes is amended to read:
SB418,22,423
125.69
(1) (b) 1. Except as provided under subds.
3., 4.
, and 5., no intoxicating
24liquor manufacturer, rectifier,
distillpub, winery, out-of-state shipper permittee, or
25wholesaler may hold any direct or indirect interest in any “Class B" license or permit
1or establishment or “Class C" license or establishment and no “Class B" licensee or
2permittee or “Class C" licensee may hold any direct or indirect interest in a
3manufacturer, rectifier,
distillpub, winery, out-of-state shipper, or wholesale permit
4or establishment.
SB418,47
5Section 47
. 125.69 (1) (b) 3. of the statutes is created to read:
SB418,22,86
125.69
(1) (b) 3. A distillpub may hold any “Class B" license authorized under
7s. 125.525 (4) (b) and, if the distillpub also holds a brewpub permit, any “Class C”
8license authorized under s. 125.525 (4) (b) 5.
SB418,48
9Section 48
. 125.69 (1) (c) of the statutes is amended to read:
SB418,22,1510
125.69
(1) (c) No manufacturer, rectifier,
distillpub, winery, or out-of-state
11shipper permittee, whether located within or without this state, may hold any direct
12or indirect interest in any wholesale permit or establishment. Except as provided in
13pars. (a)
2. and 3. and (b)
3. and 4. and
s. ss. 125.295, 125.525, and 125.53, no retail
14licensee may hold any direct or indirect interest in any manufacturer, rectifier,
15distillpub, winery, or out-of-state shipper permittee.
SB418,49
16Section 49
. 125.69 (1) (d) of the statutes is amended to read:
SB418,22,1917
125.69
(1) (d) Except as provided in
s. ss. 125.295 (3) (c)
and (3m) and 125.525
18(4) (b), no brewpub may hold any direct or indirect interest in any “Class B" license
19or permit or establishment or “Class C" license or establishment.
SB418,50
20Section 50
. 125.69 (3) of the statutes is amended to read:
SB418,23,221
125.69
(3) Volume discounts to campuses and retailers. A wholesaler of
22intoxicating liquor
, and a distillpub with respect to sales of intoxicating liquor
23authorized under s. 125.525 (2) (f), shall charge the same price to all campuses and
24retail licensees and permittees making purchases in similar quantities. Any
1discount offered on intoxicating liquor shall be delivered to the retailer in a single
2transaction and single delivery, and on a single invoice.
SB418,51
3Section 51
. 125.69 (4) (c) of the statutes is created to read:
SB418,23,84
125.69
(4) (c)
Distillpubs. For purposes of this subsection, a distillpub, when
5acting under authority of a retail license with respect to intoxicating liquor not
6manufactured or rectified by the distillpub, is deemed an intoxicating liquor retail
7licensee. This paragraph does not affect any provision of this subsection with respect
8to a distillpub acting under authority of s. 125.525 (2) (f).
SB418,52
9Section 52
. 125.69 (4) (e) of the statutes is amended to read:
SB418,23,1410
125.69
(4) (e)
Costs. The cost of administering this subsection shall be charged
11to the manufacturer, rectifier
, distillpub, and wholesaler permittees. The
12department shall determine the costs and shall establish the procedure for
13apportioning the cost against the permittees and provide for the method of payment
14to the department.
SB418,53
15Section 53
. 125.69 (6) (a) of the statutes is amended to read:
SB418,23,1916
125.69
(6) (a)
No Except as provided in s. 125.525 (2) (f), no campus or retail
17licensee or permittee may purchase intoxicating liquor from, or possess intoxicating
18liquor purchased from, any person other than a wholesaler holding a permit under
19this chapter for the sale of intoxicating liquor.
SB418,54
20Section 54
. 125.70 of the statutes is amended to read:
SB418,24,7
21125.70 Trade show samples. A manufacturer, rectifier,
distillpub, winery,
22or intoxicating liquor wholesaler may furnish, free of charge, on “Class
B" premises,
23taste samples of intoxicating liquor to any person who has attained the legal drinking
24age and who is attending a trade show, conference, convention, or similar business
25meeting, that is held on those premises, of a bona fide national or statewide trade
1association that derives income from membership dues of “Class
B" licensees. Taste
2samples may not be furnished under this section at more than 2 such events of any
3one trade association per year. No intoxicating liquor brought on “Class B" premises
4under this section may remain on those premises after the close of the trade show,
5conference, convention, or business meeting.
No limitation under this section
6applies to a distillpub with respect to premises operating under a “Class B” license
7issued to the distillpub.
SB418,55
8Section 55
. 139.01 (2o) of the statutes is created to read:
SB418,24,99
139.01
(2o) “Distillpub” means a permittee under s. 125.525.
SB418,56
10Section 56
. 139.01 (5) of the statutes is amended to read:
SB418,24,1411
139.01
(5) A “manufacturer" is a person, other than a rectifier
or distillpub, who
12manufactures or distills intoxicating liquors, including selling at wholesale such
13intoxicating liquors manufactured or distilled by the licensee at the premises
14designated in the license.
SB418,57
15Section 57
. 139.01 (6) of the statutes is amended to read:
SB418,25,416
139.01
(6) A “rectifier" is a person
, other than a distillpub, who rectifies,
17purifies or refines distilled spirits or wines by any process other than by original and
18continuous distillation from mash, wort or wash, through continuous closed vessels
19or pipes, until the manufacture thereof is complete, or who has in his or her
20possession any still or leach tub or keeps any other apparatus for the purpose of
21refining in any manner distilled spirits or the other liquors, or who after rectifying
22and purifying distilled spirits, by mixing such spirits or liquors with any materials,
23manufactures any spurious, imitation or compound liquors for sale, and any person
24who, without rectifying, purifying or refining distilled spirits, by mixing such spirits
25with any materials, manufactures any spurious, imitation or compound liquors for
1sale under the name of “whiskey," “brandy," “gin," “
rum," “spirits," “cordials" or any
2other name, and who is also a distiller or is under substantially the same
3management or control as a distiller. A rectifier may sell at wholesale intoxicating
4liquors rectified by him or her without any other license than that of a rectifier.
SB418,58
5Section 58
. 139.01 (10) of the statutes is amended to read:
SB418,25,96
139.01
(10) “Wholesaler" as applied to a seller of fermented malt beverages has
7the same meaning as in s. 125.02, and as applied to a seller of intoxicating liquors
8is any person other than a manufacturer
or, rectifier
, or distillpub who sells such
9liquors to licensed retailers or other permittees for the purpose of resale.
SB418,59
10Section 59
. 139.03 (2x) (a) of the statutes is amended to read:
SB418,25,1711
139.03
(2x) (a)
Floor tax imposed. On the date tax rate changes become
12effective under this section a floor tax is imposed upon every manufacturer, rectifier,
13distillpub, wholesaler
, and retailer who is in possession of any intoxicating liquor
14held for resale on which the intoxicating liquor tax already has been imposed. The
15person shall determine the volume of that intoxicating liquor and shall file a return
16by the 15th day of the month following the month in which the new tax rate becomes
17effective and shall pay any tax due on it, as determined under par. (b).
SB418,60
18Section 60
. 139.04 (4) of the statutes is amended to read:
SB418,25,2119
139.04
(4) Sale or shipment of fermented malt beverages by a brewer to a
20bottler or of intoxicating liquor in bulk between manufacturers, rectifiers
,
21distillpubs, and wineries.
SB418,61
22Section 61
. 139.06 (3) of the statutes is amended to read:
SB418,26,423
139.06
(3) In shipping intoxicating liquor in bulk for the purpose of bottling or
24rectifying to a rectifier
or distillpub located within the state, the manufacturer shall
25securely affix thereto a label or statement, in such form as is prescribed by the
1secretary, reciting that the shipment is made for the purpose of bottling or rectifying.
2Each manufacturer making such shipments shall file an information report that
3shows the dates and quantities of shipments and the name and address of each
4consignee.
SB418,62
5Section 62
. 139.08 (4) of the statutes is amended to read:
SB418,26,206
139.08
(4) Inspection for enforcement. Duly authorized employees of the
7department of justice and the department of revenue and any sheriff, police officer,
8marshal, or constable, within their respective jurisdictions, may at all reasonable
9hours enter any licensed premises, and examine the books, papers, and records of
10any brewer, brewpub, manufacturer, bottler, rectifier,
distillpub, wholesaler, or
11retailer, for the purpose of inspecting the same and determining whether the tax and
12fee imposed by ss. 139.01 to 139.25 have been fully paid, and may inspect and
13examine, according to law, any premises where fermented malt beverages or
14intoxicating liquors are manufactured, sold, exposed for sale, possessed, or stored,
15for the purpose of inspecting the same and determining whether the tax imposed by
16ss. 139.01 to 139.25 has been fully paid, and whether ss. 139.01 to 139.25 and ch. 125
17are being complied with. Any refusal to permit such examination of such premises
18is sufficient grounds under s. 125.12 for revocation or suspension of any license or
19permit granted for the sale of any fermented malt beverages or intoxicating liquors
20and is punishable under s. 139.25 (10).
SB418,63
21Section 63
. 139.09 of the statutes is amended to read:
SB418,26,25
22139.09 Registration. Every brewer, brewpub, bottler, manufacturer, rectifier,
23distillpub, wholesaler, or retailer liable for payment of the occupational tax imposed
24in ss. 139.01 to 139.25 shall hold a valid certificate under s. 73.03 (50). The secretary
25shall assign the person a registration number.
SB418,64
1Section
64. 139.11 (2) of the statutes is amended to read:
SB418,27,92
139.11
(2) Report. Each brewer, brewpub, bottler, manufacturer, rectifier,
3distillpub, and wholesaler shall on or before the 15th day of each calendar month or
4the dates prescribed by the secretary file a verified report of all fermented malt
5beverages or intoxicating liquor manufactured, received, sold, delivered, or shipped
6by him or her during the preceding calendar month, except that the department may
7allow wholesale, winery, and out-of-state shipper permittees whose tax liability is
8less than $500 per quarter to file on a quarterly basis. Quarterly reports shall be filed
9on or before the 15th of the next month following the close of the calendar quarter.
SB418,65
10Section 65
. 139.11 (3) of the statutes is amended to read:
SB418,27,2511
139.11
(3) Secretary's powers. When the secretary finds that the records kept
12by any brewer, brewpub, bottler, manufacturer, rectifier,
distillpub, wholesaler, or
13retailer are in such condition that an unusual amount of time is required to
14determine therefrom the amount of tax due, the secretary may give notice of such fact
15to such person and may require the records to be kept in such form as the secretary
16prescribes. If such requirements are not complied with within 30 days after the date
17of the notice, the brewer, brewpub, bottler, manufacturer, rectifier,
distillpub, 18wholesaler, or retailer shall pay the expenses reasonably attributable to the
19determination of tax at the rate of $30 per day for each auditor. The secretary shall
20render a bill therefor by registered mail to the person charged with payment at the
21conclusion of the audit, which bill shall constitute notice of assessment and demand
22of payment thereof. The brewer, brewpub, bottler, manufacturer, rectifier,
distillpub, 23wholesaler, or retailer shall, within 10 days after the mailing of the bill, pay its
24amount, and such payment shall be credited to the appropriation made in s. 20.566
25(1) (a).
SB418,66
1Section
66. 139.11 (4) (b) 2. of the statutes is amended to read:
SB418,28,82
139.11
(4) (b) 2. A current and regularly updated list, made available on paper
3and on the department's Internet Web site, of permit holders that minimally includes
4detailed information on the name, address, contact person, and date of permit
5issuance for every manufacturer's and rectifier's permit issued under s. 125.52,
6distillpub permit issued under s. 125.525, winery permit issued under s. 125.53,
7direct wine shipper's permit issued under s. 125.535, wholesaler's permit issued
8under s. 125.54, and out-of-state shipper's permit issued under s. 125.58.
SB418,67
9Section 67
. 139.18 (2) of the statutes is amended to read:
SB418,28,1310
139.18
(2) The possession of intoxicating liquor on which a tax has not been
11paid except upon the premises of a manufacturer, rectifier
, distillpub, or wholesaler,
12or any licensed public warehouse shall be deemed prima facie evidence that such
13liquor is possessed with the intent to sell it contrary to law.
SB418,68
14Section 68
. 139.22 of the statutes is amended to read:
SB418,28,25
15139.22 Confiscation. If a duly authorized employee of the department of
16revenue or the department of justice or any sheriff, police officer, marshal, or
17constable, within his or her respective jurisdiction, discovers any fermented malt
18beverages upon any premises other than the premises of a brewer, brewpub, or
19bottler, or any intoxicating liquor upon any premises other than the premises of a
20manufacturer, rectifier,
distillpub, winery, or wholesaler, and upon which the tax has
21not been paid or which was possessed, kept, stored, manufactured, sold, distributed,
22or transported in violation of ss. 139.01 to 139.25 and ch. 125, the employee or any
23such officer may immediately seize the fermented malt beverages or intoxicating
24liquors. Any such fermented malt beverages or intoxicating liquors so seized shall
25be held by the department of revenue and disposed of under s. 125.14 (2) (e).
SB418,69
1Section
69. 346.93 (1) of the statutes is amended to read:
SB418,29,82
346.93
(1) No underage person, as defined under s. 125.02 (20m), may
3knowingly possess, transport, or have under his or her control any alcohol beverage
4in any motor vehicle unless the person is employed by a brewer, brewpub, alcohol
5beverage licensee, wholesaler, retailer, distributor, manufacturer,
or rectifier
, or
6distillpub and is possessing, transporting, or having such beverage in a motor vehicle
7under his or her control during his or her working hours and in the course of
8employment, as provided under s. 125.07 (4) (bm).
SB418,29,1110
(1)
This act takes effect on the first day of the 3rd month beginning after
11publication.