2023 Wisconsin Act 73

125.68 (9) (f) Every person manufacturing, rectifying or blending intoxicating liquor sold in this state shall provide the department division with the names, brands, descriptions, alcoholic content by volume and any other information about the intoxicating liquor required by the department division. Information required by this paragraph shall be submitted prior to placing any new blend on the market. The department division may also require by rule that samples of new products be submitted for examination and analysis.

73,26jy Section 26jy. 125.68 (10) (a) and (b) of the statutes are amended to read:

125.68 (10) (a) Except as provided in s. ss. 125.23 and 125.535, no intoxicating liquor may be shipped into this state unless consigned to a person holding a wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit under s. 125.52 or a winery permit under s. 125.53.

(b) Except as provided in s. ss. 125.23 and 125.535, no common carrier or other person may transport into and deliver within this state any intoxicating liquor unless it is consigned to a person holding a wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit under s. 125.52 or a winery permit under s. 125.53. Any common carrier violating this paragraph shall forfeit $100 for each violation.

73,26kc Section 26kc. 125.69 (1) of the statutes is repealed and recreated to read:

125.69 (1) Interest restrictions. (a) Subject to s. 125.20 (6), a manufacturer's or rectifier's permit under s. 125.52 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:

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

2. 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).

3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

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

(b) Subject to s. 125.20 (6), a winery permit under s. 125.53 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:

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

2. 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).

3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

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

(c) Subject to s. 125.20 (6), a wholesaler's permit under s. 125.54 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:

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

2. 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).

3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

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

5. A brewpub permit issued under s. 125.295.

6. A winery permit issued under s. 125.53.

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

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

(d) Subject to s. 125.20 (6), an out-of-state shipper's permit under s. 125.58 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:

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

2. 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).

3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

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

(e) 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.

(f) Subject to s. 125.20 (6), a “Class B" license or permit or “Class C” 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. e., and (3) (c), 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.

73,26ke Section 26ke. 125.69 (1) (a) 5., (b) 5m., (c) 9. and (d) 5. of the statutes are created to read:

125.69 (1) (a) 5. A no-sale event venue permit issued under s. 125.24.

(b) 5m. A no-sale event venue permit issued under s. 125.24.

(c) 9. A no-sale event venue permit issued under s. 125.24.

(d) 5. A no-sale event venue permit issued under s. 125.24.

73,26kg Section 26kg. 125.69 (4) (e) of the statutes is amended to read:

125.69 (4) (e) Costs. The cost of administering this subsection shall be charged to the manufacturer, rectifier and wholesaler permittees. The department division shall determine the costs and shall establish the procedure for apportioning the cost against the permittees and provide for the method of payment to the department division.

73,26ki Section 26ki. 125.69 (7) of the statutes is amended to read:

125.69 (7) License or permit revocation. The violation of sub. (1), (3) or (5), or s. 125.20 (5) (d) as it relates to sub. (1), is sufficient cause for the revocation of the license or permit of any licensee or permittee receiving the benefit from the prohibited act as well as the revocation of the license or permit of the licensee or permittee committing the prohibited act.

73,26km Section 26km. 125.69 (9) of the statutes is created to read:

125.69 (9) Providing taste samples on retail premises. (a) Subject to par. (e), with the consent of the “Class A,” “Class B,” or “Class C” licensee, a winery, manufacturer, or rectifier may provide, free of charge, on “Class A,” “Class B,” or “Class C” premises, taste samples of intoxicating liquor to any person who has attained the legal drinking age for consumption on the premises between the hours of 11 a.m. and 7 p.m.

(b) A taste sample of wine may not exceed 3 fluid ounces and a person may not receive more than 2 taste samples of wine per day. A taste sample of intoxicating liquor other than wine may not exceed 0.5 fluid ounces and a person may receive not more than one taste sample of such intoxicating liquor per day.

(c) A winery, manufacturer, or rectifier may provide taste samples of any intoxicating liquor purchased from the retail licensee or of any intoxicating liquor the winery, manufacturer, or rectifier produced on premises covered by its winery permit, manufacturer's permit, or rectifier's permit and brings to the retail premises, but the winery, manufacturer, or rectifier may not leave at the retail premises any unused intoxicating liquor not purchased from the retail licensee.

(d) Any representative of a manufacturer, rectifier, or winery issued a permit under s. 125.52 or 125.53 may assist the retail licensee in dispensing or serving the taste samples.

(e) This subsection authorizes taste samples only of wine on “Class C” licensed premises.

73,27 Section 27. 134.65 (title) of the statutes is amended to read:

134.65 (title) Cigarette, electronic vaping devices, and tobacco products retailer license.

73,28 Section 28. 134.65 (1) of the statutes is renumbered 134.65 (1d) and amended to read:

134.65 (1d) No person shall in any manner, or upon any pretense, or by any device, directly or indirectly sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away any cigarettes, electronic vaping devices, or tobacco products to any person not holding a license as herein provided or a permit under ss. 139.30 to 139.41 or 139.79 without first obtaining a license from the clerk of the city, village or town wherein such privilege is sought to be exercised.

73,29 Section 29. 134.65 (1a) of the statutes is created to read:

134.65 (1a) In this section:

(a) “Cigarette” has the meaning given in s. 139.30 (1m).

(b) “Electronic vaping device” means a device that may be used to deliver any aerosolized or vaporized liquid or other substance for inhalation, regardless of whether the liquid or other substance contains nicotine, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic vaping device” includes a component, part, or accessory of the device, and includes a liquid or other substance that may be aerosolized or vaporized by such device, regardless of whether the liquid or other substance contains nicotine. “Electronic vaping device” does not include a battery or battery charger when sold separately. “Electronic vaping device” does not include drugs, devices, or combination products authorized for sale by the U.S. food and drug administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

(c) “Tobacco products” has the meaning given in s. 139.75 (12).

(d) “Vending machine” has the meaning given in s. 139.30 (14).

73,30 Section 30. 134.65 (1g) of the statutes is created to read:

134.65 (1g) (a) The department of revenue shall create an application form for licenses issued under sub. (1d). The form shall require all of the following information from an applicant:

1. The applicant's history relevant to the applicant's fitness to hold a license under sub. (1d).

2. The kind of license for which the applicant is applying.

3. The premises where cigarettes, electronic vaping devices, or tobacco products will be sold or stored.

4. If the applicant is a corporation, the identity of the corporate officers and agent.

5. If the applicant is a limited liability company, the identity of the company members or managers and agent.

6. The applicant's trade name, if any.

7. Whether the applicant will sell, exchange, barter, dispose of, or give away the cigarettes, electronic vaping devices, or tobacco products over the counter or in a vending machine, or both.

8. Any other information required by the department of revenue.

(b) The department of revenue shall make the form prepared under this subsection available to all cities, villages, and towns.

(c) An applicant for a license under sub. (1d) shall use the form prepared under this subsection.

(d) An application for a license under sub. (1d) shall be signed by the applicant and the applicant shall submit the application to the clerk of the city, village, or town where the intended place of sale is located.

(e) Within 30 days of any change in any fact set forth in an application for a license under sub. (1d), the applicant or licensee shall file a written description of the change with the clerk of the city, village, or town where the application was submitted.

(f) Any person may inspect applications for a license under sub. (1d). The clerk of a city, village, or town where such applications are submitted shall retain all applications, except that the clerk may destroy any application that is 4 or more years old.

73,31 Section 31. 134.65 (1m) of the statutes is renumbered 134.65 (1m) (a) (intro.) and amended to read:

134.65 (1m) (a) (intro.) A city, village, or town clerk may not issue a license under sub. (1) (1d) unless the applicant specifies in the license application whether the applicant will sell, exchange, barter, dispose of, or give away the cigarette or tobacco products over the counter or in a vending machine, or both. meets all of the following requirements:

73,32 Section 32. 134.65 (1m) (a) 1. and 2. of the statutes are created to read:

134.65 (1m) (a) 1. Subject to ss. 111.321, 111.322, and 111.335, the applicant has not habitually been a law offender or been convicted of a felony unless pardoned.

2. The applicant has submitted the proof required under s. 77.61 (11).

73,33 Section 33. 134.65 (1m) (b) of the statutes is created to read: