2023 Wisconsin Act 73

(f) An out-of-state shipper's permit issued under s. 125.30 or 125.58.

(4) Exception for permittee applying for retail license. Notwithstanding any operating limitation in sub. (1) or (2), a permittee under this section that has applied for and is actively seeking a Class “B” or “Class B” license for the event venue covered by the no-sale event venue permit may, for 6 months after the date of the Class “B” or “Class B” license application, continue to operate in a manner similar to the manner in which it operated in the immediately preceding 12-month period if all of the following apply:

(a) The permittee has determined that it can no longer operate under the no-sale event venue permit.

(b) The permittee has provided notice to the division of the application for a Class “B” or “Class B” license.

(c) The permittee has not previously held a no-sale event venue permit for which the permittee provided notice under par. (b).

(5) Quota exception for qualifying persons who opt out of no-sale event venue permit. (a) In this subsection, “qualifying event venue” means real property that is rented or leased for use as an event venue for private events that satisfy all of the following requirements in the preceding 12-month period:

1. There were at least 5 events held at the venue at which no fewer than 50 invited guests attended.

2. The venue owner received at least $20,000 in revenue from renting or leasing the venue for the events under subd. 1.

(b) Upon application, the division shall certify an owner of a qualifying event venue as eligible for the quota exception under s. 125.51 (4) (v) 5. if all of the following apply:

1. The qualifying event venue is in operation on the effective date of this subdivision .... [LRB inserts date], and has been in operation for the 12-month period immediately preceding the date of the application.

2. The qualifying event venue has not been a “Class B” licensed premises at any time in the 12-month period immediately preceding the date of the application.

3. The owner of the qualifying event venue has not applied for a permit under this section.

4. The owner of the qualifying event venue provides documentation to the division that, in the absence of the exception under s. 125.51 (4) (v) 5., the municipality in which the qualifying event venue is located would be prohibited under s. 125.51 (4) (am) from issuing the owner a “Class B” license.

5. The owner of the qualifying event venue provides documentation to the division showing, and the division confirms, that the requirements under subd. 1. and par. (a) are satisfied.

6. The owner of the qualifying event venue provides notice to the division no later than 60 days after the effective date of this subdivision .... [LRB inserts date], that the owner is applying for a “Class B” license and is not seeking a no-sale event venue permit.

(c) The division shall act on an application for certification under par. (b) within 30 days of receiving the application.

(d) The division may not issue a certification under par. (b) after the first day of the 7th month beginning after the effective date of this paragraph .... [LRB inserts date].

73,26ax Section 26ax. 125.25 (2) (b) of the statutes is repealed and recreated to read:

125.25 (2) (b) Subject to s. 125.20 (6), a Class “A" license may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

1. A wholesaler's permit issued under s. 125.28 or 125.54.

2. A brewer's permit issued under s. 125.29.

3. A brewpub permit issued under s. 125.295.

4. A winery permit issued under s. 125.53.

5. A manufacturer's or rectifier's permit issued under s. 125.52.

6. An out-of-state shipper's permit issued under s. 125.30 or 125.58.

73,26bb Section 26bb. 125.26 (2) (b) of the statutes is repealed and recreated to read:

125.26 (2) (b) Subject to s. 125.20 (6), a Class “B" license may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

1. A wholesaler's permit issued under s. 125.28 or 125.54.

2. A brewer's permit issued under s. 125.29.

3. Except as provided in s. 125.295 (1) (h), (2) (a) 6. b., and (3) (b), a brewpub permit issued under s. 125.295.

4. A winery permit issued under s. 125.53.

5. A manufacturer's or rectifier's permit issued under s. 125.52.

6. An out-of-state shipper's permit issued under s. 125.30 or 125.58.

73,26bc Section 26bc. 125.26 (2m) of the statutes is amended to read:

125.26 (2m) Notwithstanding s. 125.04 (3) (a) 3. and (9), a Class “B" license authorizes a person operating a hotel to furnish a registered guest who has attained the legal drinking age with a selection of fermented malt beverages in the guest's room which is not part of the Class “B" premises. Fermented malt beverages furnished under this subsection shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place must be capable of being locked. The cabinet, refrigerator or other secure storage place shall be locked, or the fermented malt beverages shall be removed from the room, when the room is not occupied and when fermented malt beverages are not being furnished under this subsection. A key for the lock shall be supplied to a guest who has attained the legal drinking age upon request at registration. The hotel shall prominently display a price list of the fermented malt beverages in the hotel room. Fermented malt beverages may be furnished at the time the guest occupies the room, but for purposes of this chapter, the sale of fermented malt beverages furnished under this subsection is considered to occur at the time and place that the guest pays for the fermented malt beverages. Notwithstanding s. 125.32 (3), the guest may pay for the fermented malt beverages at any time if he or she pays in conjunction with checking out of the hotel. An individual who stocks or accepts payment for alcohol beverages under this subsection shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company, or the holder of a manager's or operator's license or operator's permit, or be supervised by one of those individuals.

73,26bd Section 26bd. 125.26 (2s) (b) of the statutes is amended to read:

125.26 (2s) (b) Notwithstanding s. 125.04 (3) (a) 3. and (9), a Class “B" license authorizes a person operating a coliseum or a concessionaire to furnish the holder of a coliseum suite who has attained the legal drinking age with a selection of fermented malt beverages in the coliseum suite that is not part of the Class “B" premises. Fermented malt beverages furnished under this paragraph shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place or the coliseum suite must be capable of being locked. The cabinet, refrigerator or other secure storage place or the coliseum suite shall be locked, or the fermented malt beverages shall be removed from the coliseum suite, when the coliseum suite is not occupied and when fermented malt beverages are not being furnished under this paragraph. Fermented malt beverages may be furnished at the time the holder occupies the coliseum suite, but for purposes of this chapter, the sale of fermented malt beverages furnished under this paragraph is considered to occur at the time and place that the holder pays for the fermented malt beverages. Notwithstanding s. 125.32 (3), the holder of a coliseum suite may pay for the fermented malt beverages at any time if he or she pays in accordance with the terms of an agreement with the person operating the coliseum or with the concessionaire. An individual who stocks or accepts payment for alcohol beverages under this paragraph shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company, or the holder of a manager's or operator's license or operator's permit, or be supervised by one of those individuals.

73,26be Section 26be. 125.27 (1) (a) of the statutes is amended to read:

125.27 (1) (a) The department division shall issue Class “B" permits to clubs holding a valid certificate issued under s. 73.03 (50) that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs that are operated solely for curling, ski jumping or yachting, if the club is not open to the general public and if no Class “B" licenses are issued by the governing body of the municipality in which the club is located. A Class “B" permit authorizes retail sales of fermented malt beverages to be consumed on the premises where sold. Persons holding a Class “B" permit may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.

73,26bf Section 26bf. 125.27 (2) (a) 1. (intro.) of the statutes is amended to read:

125.27 (2) (a) 1. (intro.) The department division may issue a Class “B" permit to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5) authorizing the sale of fermented malt beverages for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under s. 29.001 (45) and (63) if any of the following applies:

73,26bg Section 26bg. 125.27 (2) (a) 2. of the statutes is amended to read:

125.27 (2) (a) 2. The department division may issue the permit only if the vessel leaves its place of mooring while the sale of fermented malt beverages is taking place and if the vessel fulfills the requirement under par. (am). A permit issued under this paragraph also authorizes the permittee to store fermented malt beverages purchased for sale on the vessel on premises owned or leased by the permittee and located near the vessel's regular place of mooring. The permittee shall describe on the permit application under s. 125.04 (3) (a) 3. the premises where the fermented malt beverages will be stored. The premises shall be open to inspection by the department division upon request.

73,26bh Section 26bh. 125.27 (3) (b) of the statutes is amended to read:

125.27 (3) (b) Upon application, the department division shall issue a Class “B" permit to a tribe that holds a valid certificate issued under s. 73.03 (50) and that is qualified under s. 125.04 (5) and (6). The permit authorizes the retail sale of fermented malt beverages for consumption on or off the premises where sold.

73,26bi Section 26bi. 125.27 (5) (b) and (f) of the statutes are amended to read:

125.27 (5) (b) The department division may issue Class “B" permits for locations within racetrack grounds to any person that holds a valid certificate issued under s. 73.03 (50), that is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the racetrack grounds or is designated by the owner or operator of the racetrack grounds to operate premises located within the racetrack grounds. Subject to par. (e), the permit authorizes the retail sale of fermented malt beverages on the premises covered by the permit, for consumption anywhere within the racetrack grounds. If the department division issues more than one permit under this subsection for the same racetrack grounds, no part of the premises covered by a permit under this subsection may overlap with premises covered by any other permit issued under this subsection.

(f) The department division shall establish a fee for a permit issued under this subsection in the amount of 50 percent of the fee for a permit issued under sub. (1).

73,26bj Section 26bj. 125.27 (7) of the statutes is created to read:

125.27 (7) Interest restrictions. Subject to s. 125.20 (6), a Class “B" permit may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

(a) A wholesaler's permit issued under s. 125.28 or 125.54.

(b) A brewer's permit issued under s. 125.29.

(c) A brewpub permit issued under s. 125.295.

(d) A winery permit issued under s. 125.53.

(e) A manufacturer's or rectifier's permit issued under s. 125.52.

(f) An out-of-state shipper's permit issued under s. 125.30 or 125.58.

73,26bk Section 26bk. 125.275 (1) of the statutes is amended to read:

125.275 (1) The department division may issue an industrial fermented malt beverages permit which authorizes the permittee to purchase and use fermented malt beverages for industrial purposes only. Such permits may be issued only to persons who prove to the department division that they use alcohol for industrial purposes and who holds a valid certificate issued under s. 73.03 (50).

73,26bm Section 26bm. 125.275 (2) (b) of the statutes is amended to read:

125.275 (2) (b) An industrial fermented malt beverages permit may not be issued to a person holding a wholesaler's permit issued under s. 125.28 or to a person who has a direct or indirect ownership an interest in a premises operating under a wholesaler's permit issued permittee under s. 125.28.

73,26bn Section 26bn. 125.275 (3) of the statutes is amended to read:

125.275 (3) Shipments of industrial fermented malt beverages shall be conspicuously labeled “for industrial purposes" and shall meet other requirements which the department division prescribes by rule.

73,26bo Section 26bo. 125.28 (1) (a) of the statutes is amended to read:

125.28 (1) (a) Subject to par. (b), the department division may issue permits to wholesalers for the sale of fermented malt beverages from premises within this state, which premises shall comply with the requirements under s. 125.34 (2). Subject to s. 125.34, and except as provided in pars. (e) and (f), a wholesaler's permit authorizes sales of fermented malt beverages only in original packages or containers to retailers or wholesalers.

73,26bp Section 26bp. 125.28 (1) (b) of the statutes is amended to read:

125.28 (1) (b) If a wholesaler does not maintain any warehouse in this state but is licensed and maintains a warehouse in an adjoining state that allows wholesalers holding a wholesaler's permit in this state to deliver fermented malt beverages to retailers in the adjoining state without warehousing in that state and that further requires that all fermented malt beverages be first unloaded and physically at rest at, and distributed from, the warehouse of the licensed wholesaler in that state, the wholesaler's permit shall be issued by the department division. Notwithstanding s. 125.04 (5) (a) 2. and (c) and (6), the department division may issue the wholesaler's permit to a wholesaler described in this paragraph who is a natural person and not a resident of this state or that is a corporation or limited liability company and has not appointed an agent in this state.

73,26bq Section 26bq. 125.28 (2) (b) (intro.) of the statutes is amended to read:

125.28 (2) (b) (intro.) A Subject to s. 125.20 (6), a wholesaler's permit may not be issued to any of the following:

73,26br Section 26br. 125.28 (2) (b) 1. a. of the statutes is amended to read:

125.28 (2) (b) 1. a. A Class “A" license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).

73,26bs Section 26bs. 125.28 (2) (b) 1. b. of the statutes is amended to read:

125.28 (2) (b) 1. b. A Class “B" license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).

73,26bt Section 26bt. 125.28 (2) (b) 1. c. of the statutes is amended to read:

125.28 (2) (b) 1. c. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

73,26bu Section 26bu. 125.28 (2) (b) 1. g., h. and i. of the statutes are created to read:

125.28 (2) (b) 1. g. A winery permit issued under s. 125.53.

h. A manufacturer's or rectifier's permit issued under s. 125.52.

i. An out-of-state shipper's permit issued under s. 125.30 or 125.58.

73,26bv Section 26bv. 125.28 (2) (b) 1. j. of the statutes is created to read:

125.28 (2) (b) 1. j. A no-sale event venue permit issued under s. 125.24.

73,26bw Section 26bw. 125.28 (2) (b) 2. of the statutes is amended to read:

125.28 (2) (b) 2. Except as provided in s. 125.33 (2m) Subject to s. 125.20 (6), a person who has a direct or indirect ownership an interest in a premises operating under person holding one or more of the licenses or permits listed in subd. 1. a. to f.

73,26bx Section 26bx. 125.28 (2) (e) of the statutes is repealed.

73,26by Section 26by. 125.28 (4) of the statutes is amended to read:

125.28 (4) The amount of the permit fee shall be established by the department division and shall be an amount that is sufficient to fund one special agent position dedicated to alcohol and tobacco enforcement at in the department division, but the permit fee may not exceed $2,500 per year or fractional part thereof. All permit fees received under this subsection shall be credited to the appropriation account under s. 20.566 (1) (hd).

73,26cc Section 26cc. 125.28 (5) (b) of the statutes is amended to read:

125.28 (5) (b) A wholesaler under this section shall annually sell and deliver fermented malt beverages to at least 25 retail licensees or other wholesalers that do not have any direct or indirect an interest in each other or in the wholesaler. The department division may not issue a permit under this section unless the applicant represents to the department division an intention to satisfy this requirement, and may not renew a permit issued under this section unless the wholesaler demonstrates that this requirement has been satisfied.

73,26cd Section 26cd. 125.28 (5) (d) 3. of the statutes is amended to read:

125.28 (5) (d) 3. This paragraph shall not affect the authority of any municipality or the department division to revoke, suspend, or refuse to renew or issue a license or permit under s. 125.12.