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:
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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:
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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2operator of the racetrack grounds has otherwise rescinded the person's designation.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:
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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:
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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:
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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:
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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:
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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:
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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.
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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:
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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:
SB268-SA2,26,22
17125.145 Prosecutions by attorney general or department division. 18Upon request by the
secretary of revenue division, the attorney general may
19represent this state or assist a district attorney in prosecuting any case arising under
20this chapter. The
department division may represent this state in prosecuting any
21violation of s. 125.54 (7) (a) or (b) and shall bring any such action in the circuit court
22for Dane County.
SB268-SA2,26ai
23Section 26ai. 125.15 (1) of the statutes is amended to read:
SB268-SA2,27,224
125.15
(1) An intoxicating liquor wholesaler, intoxicating liquor retail licensee
25or permittee, or intoxicating liquor trade association that makes a written complaint
1to the
department division under s. 125.12 (6) of a violation of s. 125.54 (7) (a) may
2bring an action to enforce the provisions of s. 125.54 (7) if any of the following apply:
SB268-SA2,27,43
(a) The
department division has not rendered a decision within the time
4periods specified in s. 125.12 (6) (c) to (d).
SB268-SA2,27,85
(b) The
department division has rendered a decision under s. 125.12 (6) in
6which the
department division has determined that a violation has occurred but no
7action has been brought in circuit court by the
department division, attorney general,
8or a district attorney to prosecute the violation.
SB268-SA2,26aj
9Section 26aj. 125.17 (6) (a) (intro.) of the statutes is amended to read:
SB268-SA2,27,1810
125.17
(6) (a) (intro.) Except as provided in par. (b), no municipal governing
11body or designated municipal official may issue an operator's license unless the
12applicant has successfully completed a responsible beverage server training course
13at any location that is offered by a technical college district and that conforms to
14curriculum guidelines specified by the technical college system board or a
15comparable training course, which may include computer-based training and
16testing, that is approved by the
department division or the department of safety and
17professional services, or unless the applicant fulfills one of the following
18requirements:
SB268-SA2,26ak
19Section 26ak. 125.175 of the statutes is created to read:
SB268-SA2,27,24
20125.175 Issuance of operators' permits. (1) Subject to sub. (4), the division
21shall issue an operator's permit to any applicant who is qualified under s. 125.04 (5).
22Operators' permits may not be required other than for the purpose of complying with
23ss. 125.32 (2) and 125.68 (2) or s. 125.06 (3g). Operators' permits may be issued only
24upon written application.
SB268-SA2,27,25
25(2) Operators' permits are valid in all municipalities in this state.
SB268-SA2,28,2
1(3) The division shall establish a fee for issuance or renewal of an operator's
2permit and shall determine whether the permit shall be valid for one or 2 years.
SB268-SA2,28,7
3(4) (a) The division may not issue an operator's permit unless the applicant
4satisfies the criteria for issuance of an operator's license specified in s. 125.17 (6) (a).
5In applying these criteria to an applicant who holds or previously held an operator's
6permit or an operator's license, the division shall treat as synonymous operators'
7permits and operators' licenses.
SB268-SA2,28,118
(b) The division may not require applicants for operators' permits to undergo
9training in addition to that specified in s. 125.17 (6) (a) but may require applicants
10to purchase at cost materials that deal with relevant subjects not covered in the
11course under s. 125.17 (6) (a).
SB268-SA2,26am
12Section 26am. 125.19 (1) of the statutes is amended to read:
SB268-SA2,28,1713
125.19
(1) Issuance. The
department division shall issue an alcohol beverage
14warehouse permit which authorizes the permittee to store and warehouse alcohol
15beverages in warehouse premises covered by the permit, subject to rules adopted by
16the
department division. The permit does not authorize the sale of any alcohol
17beverages.
SB268-SA2,26an
18Section 26an. 125.20 of the statutes is created to read:
SB268-SA2,28,19
19125.20 Interest restrictions.
(1) Definitions. In this section:
SB268-SA2,28,2020
(a) “Distribution permit" means a permit issued under s. 125.28 or 125.54.
SB268-SA2,28,2221
(b) “Distribution permittee" means a person holding a distribution permit and
22includes a restricted individual of such a person.
SB268-SA2,28,2523
(c) “Production permit" means a permit issued under s. 125.29, 125.295, 125.52,
24or 125.53, a permit issued under s. 125.30 to a brewer in another state, or a permit
25issued under s. 125.58 to a manufacturer, rectifier, or winery in another state.
SB268-SA2,29,2
1(d) “Production permittee" means a person holding a production permit and
2includes a restricted individual of such a person.
SB268-SA2,29,33
(e) “Restricted individual" means any of the following:
SB268-SA2,29,54
1. An individual identified on a manager's license or who works or acts in a
5managerial capacity for a permittee or licensee.
SB268-SA2,29,76
2. An individual serving as an officer, director, member, manager, or agent of
7a corporation or limited liability company holding a permit or license.
SB268-SA2,29,98
3. An individual holding more than a 10 percent ownership interest in a
9permittee or licensee.
SB268-SA2,29,1110
(f) “Restricted entity" means an entity holding more than a 10 percent
11ownership interest in a permittee or licensee.
SB268-SA2,29,1212
(g) “Restricted investor" means a restricted individual or restricted entity.
SB268-SA2,29,1413
(h) “Retail license or permit" means a Class “A," Class “B,” “
Class A," “Class B,"
14or “Class C" license, a Class “B" or “Class B" permit, or a no-sale event venue permit.
SB268-SA2,29,1615
(i) “Retail licensee or permittee" means a person holding a retail license or
16permit and includes a restricted individual of such a person.
SB268-SA2,29,18
17(2) Producers. (a) No production permittee may hold any interest in any
18distribution permittee.
SB268-SA2,29,2019
(b) No production permittee may hold any interest in any retail licensee or
20permittee, except as authorized under s. 125.295.
SB268-SA2,29,22
21(3) Distributors. (a) No distribution permittee may hold any interest in any
22retail licensee or permittee.
SB268-SA2,29,2423
(b) No distribution permittee may hold any interest in any production
24permittee, except as provided in s. 125.28 (2) (d).
SB268-SA2,30,2
1(4) Retailers. (a) No retail licensee or permittee may hold any interest in any
2distribution permittee.
SB268-SA2,30,43
(b) No retail licensee or permittee may hold any interest in any production
4permittee, except as authorized under s. 125.295.
SB268-SA2,30,7
5(5) Construction of section; authorized cross-tier activity. (a) For purposes
6of this section and s. 125.01, permittees are categorized under the 3-tier system as
7follows:
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1. A production permittee operates within the production tier.
SB268-SA2,30,99
2. A distribution permittee operates within the distribution tier.
SB268-SA2,30,1010
3. A retail licensee or permittee operates within the retail tier.
SB268-SA2,30,1311
(b) This section does not prohibit a licensee or permittee from engaging in any
12activity that this chapter explicitly authorizes for the type of license or permit held
13or that is explicitly authorized under the terms of the license or permit.
SB268-SA2,30,1814
(c) To the extent there is a conflict between any provision of subs. (2) to (4) and
15any provision of ss. 125.25 (2) (b), 125.26 (2) (b), 125.27 (7), 125.28 (2) (b), 125.29 (2)
16(a), 125.295 (2) (a) 6., 125.30 (3) (c), and 125.69 (1), the provisions of ss. 125.25 (2) (b),
17125.26 (2) (b), 125.27 (7), 125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., 125.30 (3)
18(c), and 125.69 (1) are controlling.
SB268-SA2,30,2319
(d) If a license or permit may not be issued to a person under s. 125.25 (2) (b),
20125.26 (2) (b), 125.27 (7), 125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., 125.30 (3)
21(c), or 125.69 (1), the person may not acquire an interest prohibited under s. 125.25
22(2) (b), 125.26 (2) (b), 125.27 (7), 125.28 (2) (b), 125.29 (2) (a), 125.295 (2) (a) 6., 125.30
23(3) (c), or 125.69 (1) after the license or permit has been issued.
SB268-SA2,31,3
1(6) Permissible interests. (a) Notwithstanding subs. (2) to (4), a licensee or
2permittee may be owned in part by, or grant an ownership interest to, a restricted
3investor in a different tier if all of the following are satisfied:
SB268-SA2,31,64
1. No single restricted investor holds more than a 10 percent ownership
5interest in the licensee or permittee, including any passive or disregarded entity
6connected to the restricted investor.
SB268-SA2,31,87
2. No restricted investor serves as an officer, director, manager, operator, or
8agent of the licensee or permittee.