SB268-SA2,24m
21Section 24m. 125.06 (3g) of the statutes is amended to read:
SB268-SA2,15,522
125.06
(3g) Wine or fermented malt beverages made at supply stores. The
23manufacture of wine or fermented malt beverages by any person at a business
24primarily engaged in selling supplies and equipment for use by homebrewers or
25home winemakers, and, notwithstanding s. 125.09 (1), the tasting at the business of
1wine or fermented malt beverages so manufactured, if the wine or fermented malt
2beverages are not sold or offered for sale. Wine or fermented malt beverages provided
3at a business for tasting under this subsection may only be provided by a person who
4holds an operator's license issued under s. 125.17
or an operator's permit issued
5under s. 125.175.
SB268-SA2,24n
6Section 24n. 125.06 (3m) (c) of the statutes is created to read:
SB268-SA2,15,137
125.06
(3m) (c) If a competition or exhibition complying with par. (b) is held by
8a national organization and has participants from more than 25 states, a person who
9made homemade wine or fermented malt beverages in another state under
10conditions similar to those imposed under sub. (3) may, without holding a license or
11permit under this chapter, transport up to 10 gallons of homemade wine or fermented
12malt beverages into this state for purposes of participating in the competition or
13exhibition.
SB268-SA2,24o
14Section 24o. 125.06 (11m) of the statutes is amended to read:
SB268-SA2,15,1915
125.06
(11m) Wine collectors. The sale by a wine collector to any other wine
16collector of manufacturer-sealed bottles or containers of wine that the selling wine
17collector has held for at least 8 years if the selling wine collector has provided prior
18notice of the sale to the
department division. No more than one sale in any 12-month
19period may be conducted by a wine collector under this paragraph.
SB268-SA2,24p
20Section 24p. 125.06 (13) of the statutes is repealed.
SB268-SA2,24q
21Section 24q. 125.07 (1) (b) 4. of the statutes is amended to read:
SB268-SA2,15,2422
125.07
(1) (b) 4. The court shall promptly mail notice of a suspension under this
23paragraph to the
department division and to the clerk of each municipality which has
24issued a license or permit to the person.
SB268-SA2,24r
25Section 24r. 125.07 (3) (a) 3. of the statutes is amended to read:
SB268-SA2,16,11
1125.07
(3) (a) 3. Hotels, drug stores, grocery stores, bowling centers, movie
2theaters, painting studios, billiards centers having on the premises 12 or more
3billiards tables that are not designed for coin operation and that are 8 feet or longer
4in length, indoor golf simulator facilities, indoor golf and baseball facilities on
5premises for which the only alcohol beverage license issued is a Class “B" license,
axe
6throwing facilities on premises operated under Class “B” or “Class B” licenses, 7service stations, vessels, cars operated by any railroad, regularly established athletic
8fields, outdoor volleyball courts that are contiguous to a licensed premises, stadiums,
9music festival venues during an event with a projected attendance of at least 2,500
10persons, public facilities as defined in s. 125.51 (5) (b) 1. d. which are owned by a
11county or municipality or centers for the visual or performing arts.
SB268-SA2,24s
12Section 24s. 125.07 (3) (a) 10. of the statutes is amended to read:
SB268-SA2,16,2113
125.07
(3) (a) 10. An underage person who enters or remains on Class “B" or
14“Class B" licensed premises on a date specified by the licensee or permittee during
15times when no alcohol beverages are consumed, sold or given away. During those
16times, the licensee, the agent named in the license if the licensee is a corporation or
17limited liability company or a person who has an operator's license
or operator's
18permit shall be on the premises unless all alcohol beverages are stored in a locked
19portion of the premises. The licensee shall notify the local law enforcement agency,
20in advance, of the times underage persons will be allowed on the premises under this
21subdivision.
SB268-SA2,24t
22Section 24t. 125.07 (3) (a) 16. of the statutes is amended to read:
SB268-SA2,16,2523
125.07
(3) (a) 16. An underage person who enters or remains in a banquet or
24hospitality room on winery premises
operated under a “Class A" or “Class B" license 25for the purpose of attending a winery tour.
SB268-SA2,24u
1Section 24u. 125.07 (4) (f) 3. of the statutes is amended to read:
SB268-SA2,17,82
125.07
(4) (f) 3. A licensee may not bring a civil action under this paragraph
3unless the licensee has first provided notice to the underage person or the underage
4person's parent, as applicable, of the licensee's intent to bring the action. The notice
5shall be mailed to the last-known address of the underage person or underage
6person's parent, as applicable, at least 15 days prior to filing the action and shall
7include a demand for the relief described in subd. 1. The
department division may,
8by rule, prescribe a form for this notice.
SB268-SA2,24v
9Section 24v. 125.09 (1) of the statutes is renumbered 125.09 (1) (a) and
10amended to read:
SB268-SA2,17,1411
125.09
(1) (a) No owner, lessee, or person in charge of a public place may permit
12the consumption of alcohol beverages on the
premises
property of the public place,
13unless the person has an appropriate retail license or permit
or a no-sale event venue
14permit.
SB268-SA2,17,21
15(d) This subsection does not apply to municipalities, buildings and parks owned
16by counties, regularly established athletic fields and stadiums, school buildings,
17campuses of private colleges, as defined in s. 16.99 (3g), at the place and time an event
18sponsored by the private college is being held, churches, premises in a state fair park
19or clubs. This subsection also does not apply to the consumption of fermented malt
20beverages on commercial quadricycles except in municipalities that have adopted
21ordinances under s. 125.10 (5) (a).
SB268-SA2,24w
22Section 24w. 125.09 (1) (b) and (c) of the statutes are created to read:
SB268-SA2,17,2423
125.09
(1) (b) For purposes of par. (a), a public place includes a venue, location,
24open space, room, or establishment that is any of the following:
SB268-SA2,17,2525
1. Accessible and available to the public to rent for an event or social gathering.
SB268-SA2,18,1
12. Held out for rent to the public for an event or social gathering.
SB268-SA2,18,32
3. Made available for rent to a member of the public for an event or social
3gathering.
SB268-SA2,18,44
(c) For purposes of par. (a), a public place does not include any of the following:
SB268-SA2,18,65
1. A room in a hotel, motel, or bed and breakfast that is used for overnight
6accommodations.
SB268-SA2,18,97
2. Vacation rental property, or any other property of temporary lodging, that
8is used for overnight accommodations if the property is furnished with sufficient beds
9for all adult guests to sleep.
SB268-SA2,18,1010
3. A campsite on a campground licensed under s. 97.67.
SB268-SA2,18,1311
4. A parking lot, driveway, or yard where vehicles may be parked on the same
12day as a professional or collegiate sporting event or other ticketed event open to the
13public.
SB268-SA2,18,1714
5. Property within a local professional football stadium district created under
15subch. IV of ch. 229 if the property is used in connection with, and on the same day
16as, a professional football game, or other ticketed event open to the public, held at
17the football stadium.
SB268-SA2,18,2118
6. Property within a local professional baseball park district created under
19subch. III of ch. 229 if the property is used in connection with, and on the same day
20as, a professional baseball game, or other ticketed event open to the public, held at
21the baseball park.”.
SB268-SA2,18,23
23“
Section 25c. 125.105 (1) of the statutes is amended to read:
SB268-SA2,19,2
1125.105
(1) No person may impersonate an inspector, agent or other employee
2of the
department division or of the department of justice.
SB268-SA2,25d
3Section 25d. 125.11 (3) of the statutes is created to read:
SB268-SA2,19,74
125.11
(3) Inspection violation. Any person who refuses to permit an
5examination of premises as provided in s. 125.025 (3) shall be fined not more than
6$500 nor less than $50, or imprisoned not more than 90 days nor less than 10 days
7or both, and any license or permit issued to that person may be revoked.
SB268-SA2,25e
8Section 25e. 125.12 (1) (a) of the statutes is amended to read:
SB268-SA2,19,119
125.12
(1) (a) Except as provided in this subsection, any municipality or the
10department division may revoke, suspend or refuse to renew any license or permit
11under this chapter, as provided in this section.
SB268-SA2,25f
12Section 25f. 125.12 (1) (c) of the statutes is amended to read:
SB268-SA2,19,1613
125.12
(1) (c) Neither a municipality nor the
department division may consider
14an arrest or conviction for a violation punishable under s. 101.123 (8) (d), 945.03
15(2m), 945.04 (2m), or 945.05 (1m) in any action to revoke, suspend, or refuse to renew
16a Class “B" or “Class B" license or permit.
SB268-SA2,25g
17Section 25g. 125.12 (4) (title) of the statutes is amended to read:
SB268-SA2,19,1918
125.12
(4) (title)
Suspension or revocation of licenses on complaint of the
19department division
.
SB268-SA2,25h
20Section 25h. 125.12 (4) (ag) (intro.) of the statutes is amended to read:
SB268-SA2,19,2421
125.12
(4) (ag)
Complaint. (intro.) A duly authorized employee of the
22department division may file a complaint with the clerk of circuit court for the
23jurisdiction in which the premises of a person holding a license issued under this
24chapter is situated, alleging one or more of the following about a licensee:
SB268-SA2,25i
25Section 25i. 125.12 (4) (ag) 9. of the statutes is created to read:
SB268-SA2,20,2
1125.12
(4) (ag) 9. That the licensee has shipped alcohol beverages to any person
2in another state in violation of that state's law.
SB268-SA2,25j
3Section 25j. 125.12 (5) (title) of the statutes is amended to read:
SB268-SA2,20,54
125.12
(5) (title)
Revocations or suspensions of, or refusals to renew, permits
5by the department division.
SB268-SA2,25k
6Section 25k. 125.12 (5) (a) of the statutes is amended to read:
SB268-SA2,20,117
125.12
(5) (a) The
department
division may, after notice and an opportunity for
8hearing, revoke, suspend, or refuse to renew any retail permit issued by it for the
9causes provided in sub. (4) and any other permit issued by it under this chapter for
10any violation of this chapter or ch. 139, except that, for a violation of s. 125.535 or
11139.035, the
department division shall revoke the permit.
SB268-SA2,25L
12Section 25L. 125.12 (5) (a) of the statutes, as affected by 2023 Wisconsin Act
13.... (this act), is amended to read:
SB268-SA2,20,2014
125.12
(5) (a) The division may, after notice and an opportunity for hearing,
15revoke, suspend, or refuse to renew any retail permit issued by it for the causes
16provided in sub. (4) and any other permit issued by it under this chapter for any
17violation of this chapter or ch. 139, except that, for a violation of s. 125.535 or 139.035,
18the division shall revoke the permit
, and the division shall revoke a common carrier
19permit as provided in s. 125.22 (3) (b) and a fulfillment house permit as provided in
20s. 125.23 (6) (b).
SB268-SA2,25m
21Section 25m. 125.12 (5) (b) of the statutes is amended to read:
SB268-SA2,21,222
125.12
(5) (b) The
department
division may, after notice and an opportunity for
23hearing, revoke any permit issued under s. 125.27 (5) or 125.51 (5) (f) to a person
24designated by the owner or operator of racetrack grounds as provided in s. 125.27 (5)
1(b) or 125.51 (5) (f) 2. if the person's designation has terminated or the owner or
2operator of the racetrack grounds has otherwise rescinded the person's designation.
SB268-SA2,25n
3Section 25n. 125.12 (5) (bm) of the statutes is created to read:
SB268-SA2,21,74
125.12
(5) (bm) The division may, after notice and an opportunity for hearing,
5revoke, suspend, or refuse to renew any permit issued by it under this chapter if the
6permittee has shipped alcohol beverages to any person in another state in violation
7of that state's law.
SB268-SA2,25o
8Section 25o. 125.12 (5) (c) of the statutes is amended to read:
SB268-SA2,21,109
125.12
(5) (c) A revocation, suspension, or refusal to renew a permit under par.
10(a)
or, (b)
, or (bm) is a contested case under ch. 227.
SB268-SA2,25p
11Section 25p. 125.12 (6) (a) of the statutes is amended to read:
SB268-SA2,21,1912
125.12
(6) (a) Any person may file a sworn written complaint with the
13department division alleging that an intoxicating liquor wholesaler has violated s.
14125.54 (7) (a). The complaint shall identify the specific legal basis for the complaint
15and sufficient facts for the
department division to determine whether there is cause
16to find that a violation has occurred. The
department division shall provide a copy
17of the complaint to any wholesaler against whom allegations are made, along with
18notice of the time period under par. (b) to show cause why the wholesaler's permit
19should not be revoked or suspended or to request a hearing.
SB268-SA2,25q
20Section 25q. 125.12 (6) (b) of the statutes is amended to read:
SB268-SA2,21,2421
125.12
(6) (b) Within 30 days of receiving a copy of the complaint under par. (a),
22any wholesaler against whom allegations are made may file a sworn written
23response or a written request for an evidentiary hearing before the
department 24division under s. 227.44.
SB268-SA2,25r
25Section 25r. 125.12 (6) (c) of the statutes is amended to read:
SB268-SA2,22,9
1125.12
(6) (c) Subject to pars. (d) 1. and (dm), if no request for an evidentiary
2hearing is made under par. (b), within 60 days of receiving any response under par.
3(b) or, if no response is made, within 60 days of the date on which a response or
4request for hearing is due under par. (b), the
department division shall make a
5written decision as to whether a violation has occurred and either dismiss the
6complaint or take action under par. (e). Any decision under this paragraph shall
7include findings of fact and conclusions of law and shall state all reasons for the
8decision. The
department division shall provide a copy of the decision to the
9complainant and to any wholesaler against whom allegations are made.
SB268-SA2,25s
10Section 25s. 125.12 (6) (cm) of the statutes is amended to read:
SB268-SA2,22,1911
125.12
(6) (cm) Subject to pars. (d) 2. and (dm), if a request for an evidentiary
12hearing is made under par. (b), the hearing shall be conducted in the manner
13specified for a contested case under ss. 227.44 to 227.50, except that the hearing shall
14be conducted within 45 days of receiving the request for hearing under par. (b) and
15the
department division shall make its written decision, including whether a
16violation has occurred and whether the complaint is dismissed or action is taken
17under par. (e), within 15 days after the hearing. In addition to service of the decision
18as provided under s. 227.48, the
department division shall provide a copy of the
19decision to the complainant.
SB268-SA2,25t
20Section 25t. 125.12 (6) (d) of the statutes is amended to read:
SB268-SA2,23,221
125.12
(6) (d) 1. If no request for an evidentiary hearing is made under par. (b),
22within 60 days of receiving any response under par. (b) or, if no response is made,
23within 60 days of the date on which a response or request for hearing is due under
24par. (b), the
department division may extend the time period for making a decision
25under par. (c) by an additional 60 days if the
department division provides notice
1within the time period specified in par. (c) that an additional 60 days is necessary for
2investigation.
SB268-SA2,23,73
2. If a request for an evidentiary hearing is made under par. (b), within 45 days
4of receiving the request for hearing under par. (b), the
department division may
5extend the time period for conducting the hearing by an additional 45 days if the
6department division provides notice within 45 days of receiving the request for
7hearing under par. (b) that an additional 45 days is necessary for investigation.
SB268-SA2,25u
8Section 25u. 125.12 (6) (dm) of the statutes is amended to read:
SB268-SA2,23,189
125.12
(6) (dm) Within 45 days of receiving any response or request for hearing
10under par. (b) or, if no response or request for hearing is made, within 45 days of the
11date on which a response or request for hearing is due under par. (b), the
department 12division may elect to file a complaint in circuit court under sub. (4) that includes all
13allegations of the complaint under par. (a) for which the
department division 14determines there is cause to find that a violation of s. 125.54 (7) (a) has occurred. If
15the
department division files a complaint in circuit court as provided under this
16paragraph, the
department division shall not conduct a hearing under par. (cm) or
17make a written decision under par. (c), but shall proceed with the matter as provided
18under sub. (4).
SB268-SA2,25v
19Section 25v. 125.12 (6) (e) of the statutes is amended to read:
SB268-SA2,23,2320
125.12
(6) (e) If the
department
division finds the allegations under par. (a) true
21and sufficient, the
department division shall either suspend for not less than 10 days
22nor more than 90 days or revoke the wholesaler's permit, and give notice of the
23suspension or revocation to the wholesaler.”.
SB268-SA2,24,2
2“
Section 26ab. 125.13 of the statutes is amended to read:
SB268-SA2,24,10
3125.13 Report of suspension, revocation
, or imposition of penalty. 4Whenever a municipal governing body or court revokes or suspends a license or
5permit or imposes a penalty on a licensee or permittee for the violation of this
6chapter, the clerk of the municipality or court revoking or suspending the license or
7imposing the penalty shall, within 10 days after the revocation, suspension
, or
8imposition of penalty, mail a report to the
department division at Madison,
9Wisconsin, giving the name of the licensee, the address of the licensed premises
, and
10a full description of the penalty imposed.
SB268-SA2,26ac
11Section 26ac. 125.14 (2) (c) of the statutes is amended to read:
SB268-SA2,24,1612
125.14
(2) (c)
Identification. Any person seizing alcohol beverages or personal
13property and electing to dispose of it under this subsection shall exercise reasonable
14diligence to ascertain the name and address of the owner of the alcohol beverages or
15property and of all persons holding a security interest in the property seized. The
16person shall report his or her findings in writing to the
department division.
SB268-SA2,26ad
17Section 26ad. 125.14 (2) (d) of the statutes is amended to read:
SB268-SA2,25,518
125.14
(2) (d)
Order. Upon conviction of any person for owning, possessing,
19keeping, storing, manufacturing, selling, distributing
, or transporting alcohol
20beverages in violation of this chapter or ch. 139, the court shall order part or all of
21the alcohol beverages or personal property seized to be destroyed if it is unfit for sale.
22Alcohol beverages and other personal property fit for sale shall be turned over to the
23department division for disposition. Upon receipt of the confiscated property, the
24department division shall exercise reasonable diligence to ascertain the names and
1addresses of all owners of the property and of all persons holding a security interest
2in the property. If a motor vehicle is confiscated, the
department division shall obtain
3the written advice of the department of transportation as to the ownership of the
4motor vehicle and shall make a reasonable search for perfected security interests in
5the vehicle.
SB268-SA2,26ae
6Section 26ae. 125.14 (2) (e) of the statutes is amended to read:
SB268-SA2,25,197
125.14
(2) (e)
Disposal. The
department division shall dispose of the alcohol
8beverages turned over to it by the court by either giving it to law enforcement
9agencies free of charge for use in criminal investigations, selling it to the highest
10bidder if the bidder is a person holding a license or permit issued under this chapter,
11or destroying it, at the discretion of the
department division. If the
department 12division elects to sell the alcohol beverages, it shall publish a class 2 notice under ch.
13985 asking for sealed bids from qualified bidders. Any items or groups of items in
14the inventory subject to a security interest, the existence of which was established
15in the proceedings for conviction as being bona fide and as having been created
16without the secured party having notice that the items were being used or were to
17be used in connection with the violation, shall be sold separately. The net proceeds
18from the sale, less all costs of seizure, storage, and sale, shall be turned over to the
19secretary of administration and credited to the common school fund.
SB268-SA2,26af
20Section 26af. 125.14 (2) (f) of the statutes is amended to read:
SB268-SA2,26,1021
125.14
(2) (f)
Sale. Any personal property, other than alcohol beverages, seized
22under par. (a) and fit for sale, shall be turned over by the
department division to the
23department of administration for disposal at public auction to the highest bidder, at
24a time and place stated in a notice of sale which describes the property to be sold.
25The sale shall be held in a conveniently accessible place in the county where the
1property was confiscated. A copy of the notice shall be published as a class 2 notice
2under ch. 985. The last insertion shall be at least 10 days before the sale. The
3department of revenue division shall serve a copy of the notice of sale at least 2 weeks
4before the date thereof on all persons who are or may be owners or holders of security
5interests in the property. Any confiscated property worth more than $100 shall be
6sold separately, and the balance of the confiscated property shall be sold in bulk or
7separately at the discretion of the department of administration. The net proceeds
8from the sale, less all costs of seizure, storage, and sale, shall be turned over to the
9secretary of administration. No motor vehicle or motorboat confiscated under this
10section may be sold within 30 days after the date of seizure.
SB268-SA2,26ag
11Section 26ag. 125.14 (3) (b) of the statutes is amended to read:
SB268-SA2,26,1512
125.14
(3) (b)
Deadline. The application shall be made within one year after
13the sale of the property. A copy of the application and the order setting a hearing on
14it shall be served on the
department division at least 20 days before the date set for
15hearing.
SB268-SA2,26ah
16Section 26ah. 125.145 of the statutes is amended to read: