2023 Wisconsin Act 73

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

73,26jn Section 26jn. 125.65 (1) of the statutes is amended to read:

125.65 (1) The department division may issue a permit for wholesale sales for future delivery which authorizes the permittee to solicit orders, and to engage in the sale, of intoxicating liquor for delivery at a future date. A person holding a permit under this section may give a sample of a brand of intoxicating liquor to a “Class A" licensee who has not previously purchased that brand from the permittee.

73,26jo Section 26jo. 125.65 (4) (intro.) of the statutes is amended to read:

125.65 (4) (intro.) The department division shall require the following information in applications for permits under this section:

73,26jp Section 26jp. 125.65 (4) (e) of the statutes is amended to read:

125.65 (4) (e) Any other information required by the department division.

73,26jq Section 26jq. 125.65 (6) of the statutes is amended to read:

125.65 (6) Employers shall furnish the department division with the names of all employees engaged in activities requiring a permit under this section and shall notify the department division whenever an employee begins or terminates employment. Upon leaving employment, an employee shall submit his or her permit to the department division for cancellation.

73,26jr Section 26jr. 125.65 (10) of the statutes is amended to read:

125.65 (10) The department division may not require a fee for a permit under this section for an individual who is eligible for the veterans fee waiver program under s. 45.44.

73,26js Section 26js. 125.68 (2) of the statutes is amended to read:

125.68 (2) Operators' licenses; “Class A," “Class B," “Class C," and other premises. Except as provided under ss. 125.07 (3) (a) 10. and 125.51 (10), no premises operated under a “Class A" or “Class C" license or under a “Class B" license or permit may be open for business, and no person who holds a brewer's permit, manufacturer's or rectifier's permit, or winery permit may allow the sale or provision of taste samples of intoxicating liquor on the brewery premises, manufacturing or rectifying premises as provided in s. 125.52 (1) (b) 2., winery premises, or any retail outlet operated by the brewer, manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless there is upon the premises either the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation or limited liability company, or some person who has an operator's license and who is responsible for the acts of all persons selling or serving any intoxicating liquor to customers. An operator's license issued in respect to a vessel under s. 125.51 (5) (c) is valid outside the municipality that issues it. For the purpose of this subsection, any person holding a manager's license issued under s. 125.18 or any member of the licensee's or permittee's immediate family who has attained the age of 18 shall be considered the holder of an operator's license. No person, including a member of the licensee's or permittee's immediate family, other than the licensee, permittee, or agent may serve or sell alcohol beverages in any place operated under a “Class A" or “Class C" license or under a “Class B" license or permit, or serve or sell intoxicating liquor on brewery premises, manufacturing or rectifying premises, winery premises, or any retail outlet operated by a brewer, manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless he or she has an operator's license, is considered to have an operator's license under this subsection, or is at least 18 years of age and is under the immediate supervision of the licensee, permittee, or agent or a person holding an operator's license, who is on the premises at the time of the service.

73,26jt Section 26jt. 125.68 (2) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

125.68 (2) Operators' licenses and permits; “Class A," “Class B," “Class C," and other premises. Except as provided under ss. 125.07 (3) (a) 10. and 125.51 (10), no premises operated under a “Class A" or “Class C" license or under a “Class B" license or permit may be open for business, and no person who holds a brewer's permit, manufacturer's or rectifier's permit, or winery permit may allow the sale or provision of taste samples of intoxicating liquor on the brewery premises, manufacturing or rectifying premises, winery premises, or any retail outlet operated by the brewer, manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless there is upon the premises either the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation or limited liability company, or some person who has an operator's license or operator's permit and who is responsible for the acts of all persons selling or serving any intoxicating liquor to customers. An operator's license issued in respect to a vessel under s. 125.51 (5) (c) is valid outside the municipality that issues it. For the purpose of this subsection, any person holding a manager's license issued under s. 125.18 or any member of the licensee's or permittee's immediate family who has attained the age of 18 shall be considered the holder of an operator's license. No person other than the licensee, permittee, or agent may serve or sell alcohol beverages in any place operated under a “Class A" or “Class C" license or under a “Class B" license or permit, or serve or sell intoxicating liquor on brewery premises, manufacturing or rectifying premises, winery premises, or any retail outlet operated by a brewer, manufacturer, rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless he or she has an operator's license or operator's permit, is considered to have an operator's license under this subsection, or is at least 18 years of age and is under the immediate supervision of the licensee, permittee, or agent or a person holding an operator's license or operator's permit, who is on the premises at the time of the service.

73,26ju Section 26ju. 125.68 (4) (c) 1. of the statutes is amended to read:

125.68 (4) (c) 1. Subject to subds. 3. and 6. and s. 125.51 (3r) (a) 3., no premises for which a “Class B" license or permit or a “Class C" license has been issued may remain open between the hours of 2 a.m. and 6 a.m., except as otherwise provided in this subdivision and subd. 4. On January 1 premises operating under a “Class B" license or permit are not required to close. On Saturday and Sunday, no premises may remain open between 2:30 a.m. and 6 a.m. except that, on the Sunday that daylight saving time begins as specified in s. 175.095 (2), no premises may remain open between 3:30 a.m. and 6 a.m. This subdivision does not apply to a “Class B" license issued to a winery under s. 125.51 (3) (am).

73,26jv Section 26jv. 125.68 (4) (c) 3. of the statutes is amended to read:

125.68 (4) (c) 3. Between 12 midnight and 6 a.m. no person may sell intoxicating liquor on “Class B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises or on “Class C" licensed premises as authorized under s. 125.51 (3r) (a). A municipal governing body may, by ordinance, impose more restrictive hours than are provided in this subdivision except with respect to the sale of intoxicating liquor authorized under s. 125.51 (3r) (a). This subdivision does not apply to a “Class B" license issued to a winery under s. 125.51 (3) (am).

73,26jw Section 26jw. 125.68 (4) (c) 3m. of the statutes is repealed.

73,26jx Section 26jx. 125.68 (9) (f) of the statutes is amended to read:

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).