Amendment SA2-SB268

SB268-SA2,5,20 (c) The administrator and any employee of the division may not be employed by or have a substantial financial interest in the alcohol beverages industry or any business subject to the division's jurisdiction.

SB268-SA2,5,23 (2) Police powers. The division shall enforce, and the duly authorized employees of the division shall have all necessary police powers to prevent violations of, this chapter.

SB268-SA2,6,9 (3) Inspection for enforcement. Duly authorized employees of the department of justice and the division and any sheriff, police officer, marshal, or constable, within their respective jurisdictions, may, during normal business hours, enter any licensed premises, and examine the books, papers, and records of any brewer, brewpub, manufacturer, rectifier, wholesaler, or retailer 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 this chapter is 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 issued under this chapter and is punishable under s. 125.11 (3).

SB268-SA2,6,12 (4) List of permittees. The division shall provide the department with all information necessary for the department to publish the information specified in s. 139.11 (4) (a) 2. and (b) 2.

SB268-SA2,21m Section 21m. 125.025 (3) of the statutes, as created by 2023 Wisconsin Act .... (this act), is amended to read:

SB268-SA2,7,2 125.025 (3) Inspection for enforcement. Duly authorized employees of the department of justice and the division and any sheriff, police officer, marshal, or constable, within their respective jurisdictions, may, during normal business hours, enter any licensed premises, and examine the books, papers, and records of any brewer, brewpub, manufacturer, rectifier, wholesaler, or retailer, fulfillment house, or common carrier 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 this chapter is 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 issued under this chapter and is punishable under s. 125.11 (3).

SB268-SA2,21n Section 21n. 125.03 (title) of the statutes is amended to read:

SB268-SA2,7,4 125.03 (title) Department Division rule making.

SB268-SA2,21o Section 21o. 125.03 (1) (a) of the statutes is amended to read:

SB268-SA2,7,8 125.03 (1) (a) The department, in furtherance of effective control, division may promulgate rules consistent with this chapter and ch. 139 to carry out the division's duties under this chapter.

SB268-SA2,21p Section 21p. 125.03 (1) (b) of the statutes is amended to read:

SB268-SA2,7,13 125.03 (1) (b) The department division shall promulgate rules providing for registration of wine collectors and establishing standards of eligibility for registration as a wine collector. The rules shall also specify the form and manner of notice required under s. 125.06 (11m).

SB268-SA2,21q Section 21q. 125.03 (2) of the statutes is amended to read:

SB268-SA2,7,20 125.03 (2) Containers. The department division may by rule prescribe the standard size, form, or character of any container in which intoxicating liquor may be sold in this state except that the department division may not set the size of containers in which intoxicating liquor, except wine containing not more than 21 percent of alcohol by volume, may be sold at a capacity greater than 1.75 liters (59.1752 fluid ounces).

SB268-SA2,21r Section 21r. 125.04 (3) (a) (intro.) of the statutes is amended to read:

SB268-SA2,7,25 125.04 (3) (a) Contents. (intro.) The department division shall prepare an application form for each kind of license, other than a manager's or operator's license, and for each kind of permit issued under this chapter. Each form shall require all of the following information:

SB268-SA2,21rm Section 21rm. 125.04 (3) (a) (intro.) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB268-SA2,8,6 125.04 (3) (a) Contents. (intro.) The division shall prepare an application form for each kind of license, other than a manager's or operator's license, and for each kind of permit issued under this chapter. Each form, except an operator's permit form, shall require all of the following information:

SB268-SA2,21s Section 21s. 125.04 (3) (a) 1. of the statutes is amended to read:

SB268-SA2,8,10 125.04 (3) (a) 1. A history of the applicant relevant to the applicant's fitness to hold a license or permit, including whether the applicant is a restricted investor requiring disclosure under s. 125.20 (6) (a) 5. and the basis of this status.

SB268-SA2,21t Section 21t. 125.04 (3) (b) of the statutes is amended to read:

SB268-SA2,8,14 125.04 (3) (b) Application for renewing. The department division may prepare a simplified application form for renewal of each kind of license or permit which requires only information pertinent to renewal.

SB268-SA2,21u Section 21u. 125.04 (3) (bm) (intro.) of the statutes is amended to read:

SB268-SA2,8,18 125.04 (3) (bm) Signature on, and notarization of, forms. (intro.) The application forms prepared by the department division for a license or permit under this chapter may not require any of the following:

SB268-SA2,21v Section 21v. 125.04 (3) (c) of the statutes is amended to read:

SB268-SA2,8,21 125.04 (3) (c) Distribution. The department division shall make one copy of each kind of license application that it prepares available to each municipality.

SB268-SA2,21w Section 21w. 125.04 (3) (d) 1. of the statutes is amended to read:

SB268-SA2,8,24 125.04 (3) (d) 1. An application form prepared by the department division shall be used by each applicant for a permit.

SB268-SA2,21x Section 21x. 125.04 (3) (d) 2. of the statutes is amended to read:

SB268-SA2,9,3 125.04 (3) (d) 2. A replica of an application form prepared by the department division shall be used by each applicant for a license, other than a manager's or operator's license.

SB268-SA2,21y Section 21y. 125.04 (3) (e) 2. of the statutes is amended to read:

SB268-SA2,9,6 125.04 (3) (e) 2. The applicant shall file the application for a permit with the department division.”.

SB268-SA2,9,8 6. Page 13, line 17: after “fact" insert “, including any change in restricted investors under s. 125.20 (6) (a) 5".

SB268-SA2,9,9 7. Page 13, line 17: after that line insert:

SB268-SA2,9,10 “ Section 22g. 125.04 (3) (j) of the statutes is amended to read:

SB268-SA2,9,15 125.04 (3) (j) Penalty for materially false application information, affidavit representation. Any person who knowingly provides materially false information in an application for a license or permit under this chapter or on a form under par. (k), and any person who materially violates any representation made in an affidavit under s. 125.20 (6) (a) 6. or (c) 4., may be required to forfeit not more than $1,000.

SB268-SA2,22m Section 22m. 125.04 (3) (k) of the statutes is created to read:

SB268-SA2,9,22 125.04 (3) (k) Approval of full-service retail outlets. The division shall prepare a form for use by a brewer, winery, manufacturer, or rectifier to request approval for a full-service retail outlet under s. 125.29 (7) (d) 1., 125.52 (4) (d) 1., or 125.53 (3) (d) 1. The form shall be similar to the form for a retail license application under par. (a). An applicant shall use the form to submit a request for approval of a full-service retail outlet under s. 125.29 (7) (d) 1., 125.52 (4) (d) 1., or 125.53 (3) (d) 1.”.

SB268-SA2,9,23 8. Page 13, line 20: delete “department" and substitute “department division".

SB268-SA2,9,24 9. Page 13, line 24: delete “department" and substitute “ division".

SB268-SA2,10,1 10. Page 13, line 25: delete “department's" and substitute “ division's".

SB268-SA2,10,2 11. Page 13, line 25: after that line insert:

SB268-SA2,10,3 “ Section 23g. 125.04 (5) (a) 5. of the statutes is amended to read:

SB268-SA2,10,12 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department division or the department of safety and professional services. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class “A", “Class A" or “Class C" license or a Class “B" or “Class B" license or permit or a manager's or operator's license.

SB268-SA2,23h Section 23h. 125.04 (5) (a) 5. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB268-SA2,10,24 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the division or the department of safety and professional services. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class “A", “Class A" or “Class C" license or a Class “B" or “Class B" license or permit or a manager's or operator's license, or an operator's permit.

SB268-SA2,23j Section 23j. 125.04 (5) (d) 1. of the statutes is amended to read:

SB268-SA2,11,6 125.04 (5) (d) 1. Paragraph (a) 2. does not apply to applicants for operators' licenses issued under s. 125.17, to applicants for operators' permits issued under s. 125.175, or to applicants for managers' licenses issued under s. 125.18. Managers' licenses may be issued only to applicants who are residents of this state at the time of issuance.

SB268-SA2,23k Section 23k. 125.04 (5) (d) 2. of the statutes is amended to read:

SB268-SA2,11,11 125.04 (5) (d) 2. Paragraph (a) 3. does not apply to applicants for operators' licenses under s. 125.17 or to applicants for operators' permits under s. 125.175. Operators' licenses and operators' permits may be issued only to applicants who have attained the age of 18.

SB268-SA2,23m Section 23m. 125.04 (5) (d) 3. a. of the statutes is amended to read:

SB268-SA2,11,14 125.04 (5) (d) 3. a. Applicants for operators' licenses under s. 125.17 and for operators' permits under s. 125.175.

SB268-SA2,23n Section 23n. 125.04 (6) (g) of the statutes is amended to read:

SB268-SA2,11,20 125.04 (6) (g) Forms. If the department division or any municipality prepares a form relating to the appointment of an agent under this subsection, including any cancellation of an appointment or appointment of a successor agent, the form may not require the signature of more than one person signing on behalf of the corporation or limited liability company submitting the form.

SB268-SA2,23o Section 23o. 125.04 (8) (title) of the statutes is amended to read:

SB268-SA2,11,22 125.04 (8) (title) Payment of license fee; permit fees.

SB268-SA2,23p Section 23p. 125.04 (8) of the statutes is renumbered 125.04 (8) (a).

SB268-SA2,23q Section 23q. 125.04 (8) (b) of the statutes is created to read:

SB268-SA2,12,5 125.04 (8) (b) Unless the department established a different permit fee before the effective date of this paragraph .... [LRB inserts date], and except as provided in ss. 125.175 (3), 125.22 (1) (e), 125.23 (1) (c), 125.27 (5) (f), 125.28 (4), 125.295 (4), 125.51 (5) (f) 5., 125.535 (2), and 125.65 (10), the division shall charge an annual fee of $500 for each permit issued by the division under this chapter.

SB268-SA2,23r Section 23r. 125.04 (8) (b) of the statutes, as created by 2023 Wisconsin Act .... (this act), is amended to read:

SB268-SA2,12,12 125.04 (8) (b) Unless the department established a different permit fee before the effective date of this paragraph .... [LRB inserts date], and except as provided in ss. 125.175 (3), 125.22 (1) (e), 125.23 (1) (c), 125.24 (1) (e), 125.27 (5) (f), 125.28 (4), 125.295 (4), 125.51 (5) (f) 5., 125.535 (2), and 125.65 (10), the division shall charge an annual fee of $500 for each permit issued by the division under this chapter.”.

SB268-SA2,12,14 12. Page 14, line 3: on lines 3 and 4, delete “department" and substitute “division".

SB268-SA2,12,15 13. Page 14, line 5: after that line insert:

SB268-SA2,12,16 “ Section 24c. 125.04 (12) (a) of the statutes is amended to read:

SB268-SA2,13,2 125.04 (12) (a) From place to place. Every alcohol beverage license or permit may be transferred to another place or premises within the same municipality. An alcohol beverage warehouse permit under s. 125.19, a winery permit under s. 125.53, or an intoxicating liquor a wholesaler's permit under s. 125.28 or 125.54 may be transferred to another premises within this state. Transfers shall be made by the issuing authority upon payment of a fee of $10 to the issuing authority. No retail licensee, retail permittee, intoxicating liquor wholesaler permittee, or holder of a warehouse or winery permit is entitled to more than one transfer during the license or permit year. This paragraph does not apply to a license issued under s. 125.51 (4) (v) or to a reserve “Class B" license, as defined in s. 125.51 (4) (a).

SB268-SA2,24d Section 24d. 125.045 (title) of the statutes is amended to read:

SB268-SA2,13,5 125.045 (title) Booklet for licensees and permittees; safe ride program information.

SB268-SA2,24e Section 24e. 125.045 (1) of the statutes is amended to read:

SB268-SA2,13,9 125.045 (1) The department division shall prepare a booklet explaining the state statutes and rules relating to the retail sale of alcohol beverages, written concisely in language which is clearly understood by those required to utilize it.

SB268-SA2,24f Section 24f. 125.045 (2) of the statutes is renumbered 125.045 (2) (a) and amended to read:

SB268-SA2,13,15 125.045 (2) (a) The department division shall provide a copy of the booklet under sub. (1) free of charge to each person issued a permit, including a renewal, under s. 125.27 or 125.51 (5). The department division shall provide the booklet for a charge not to exceed cost, as provided under s. 20.908, to municipalities.

SB268-SA2,24g Section 24g. 125.045 (2) (a) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB268-SA2,13,21 125.045 (2) (a) The division shall provide a copy of the booklet under sub. (1) free of charge to each person issued a permit, including a renewal, under s. 125.175, 125.27, or 125.51 (5). The division shall provide the booklet for a charge not to exceed cost, as provided under s. 20.908, to municipalities.

SB268-SA2,24h Section 24h. 125.045 (2) (b) of the statutes is created to read:

SB268-SA2,13,25 125.045 (2) (b) The division shall provide to each person initially issued a permit under s. 125.27 or 125.51 (5) information regarding the safe ride program described in s. 85.55.

SB268-SA2,24i Section 24i. 125.045 (3) of the statutes is renumbered 125.045 (3) (a) and amended to read:

SB268-SA2,14,10 125.045 (3) (a) A municipality shall provide a copy of the booklet under sub. (1) to each person issued a license, including a renewal, under s. 125.17, 125.18, 125.25, 125.26 or 125.51 (1) by the municipality unless the municipality requires the person to complete an instructional program which includes the subject matter of the booklet or unless the person completes the program under s. 125.04 (5) (a) 5. or 125.17 (6). This section does not preclude a municipality from charging a fee for such a program. A municipality may charge for the booklet in an amount not to exceed the amount charged by the department division under sub. (2) (a).

SB268-SA2,24j Section 24j. 125.045 (3) (b) of the statutes is created to read:

SB268-SA2,14,14 125.045 (3) (b) A municipality shall provide to each person initially issued a license under s. 125.26 (1) or 125.51 (3) or (3m) information regarding the safe ride program described in s. 85.55.

SB268-SA2,24k Section 24k. 125.06 (1) of the statutes is amended to read:

SB268-SA2,14,20 125.06 (1) Brewers' premises. The furnishing, by brewers, of fermented malt beverages free of charge to customers, visitors, and employees on the brewery premises if the fermented malt beverages are consumed on the brewery premises and are not furnished or consumed in or near any room or place where intoxicating liquor is sold.

SB268-SA2,24m Section 24m. 125.06 (3g) of the statutes is amended to read:

SB268-SA2,15,5 125.06 (3g) Wine or fermented malt beverages made at supply stores. The manufacture of wine or fermented malt beverages by any person at a business primarily engaged in selling supplies and equipment for use by homebrewers or home winemakers, and, notwithstanding s. 125.09 (1), the tasting at the business of wine or fermented malt beverages so manufactured, if the wine or fermented malt beverages are not sold or offered for sale. Wine or fermented malt beverages provided at a business for tasting under this subsection may only be provided by a person who holds an operator's license issued under s. 125.17 or an operator's permit issued under s. 125.175.

SB268-SA2,24n Section 24n. 125.06 (3m) (c) of the statutes is created to read:

SB268-SA2,15,13 125.06 (3m) (c) If a competition or exhibition complying with par. (b) is held by a national organization and has participants from more than 25 states, a person who made homemade wine or fermented malt beverages in another state under conditions similar to those imposed under sub. (3) may, without holding a license or permit under this chapter, transport up to 10 gallons of homemade wine or fermented malt beverages into this state for purposes of participating in the competition or exhibition.

SB268-SA2,24o Section 24o. 125.06 (11m) of the statutes is amended to read:

SB268-SA2,15,19 125.06 (11m) Wine collectors. The sale by a wine collector to any other wine collector of manufacturer-sealed bottles or containers of wine that the selling wine collector has held for at least 8 years if the selling wine collector has provided prior notice of the sale to the department division. No more than one sale in any 12-month period may be conducted by a wine collector under this paragraph.

SB268-SA2,24p Section 24p. 125.06 (13) of the statutes is repealed.

SB268-SA2,24q Section 24q. 125.07 (1) (b) 4. of the statutes is amended to read: