SB268-SA2,127,1210
(d) Subject to s. 125.20 (6), an out-of-state shipper's permit under s. 125.58
11may not be issued to any person who holds, or has an interest in a licensee or
12permittee holding, any of the following:
SB268-SA2,127,1413
1. A Class “A" license issued under s. 125.25 or “Class A” license issued under
14s. 125.51 (2).
SB268-SA2,127,1615
2. A Class “B" license issued under s. 125.26, “Class B” license issued under s.
16125.51 (3), or “Class C” license issued under s. 125.51 (3m).
SB268-SA2,127,1817
3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under
18s. 125.51 (5).
SB268-SA2,127,1919
4. A wholesaler's permit issued under s. 125.28 or 125.54.
SB268-SA2,127,2120
(e) Subject to s. 125.20 (6), a “Class A" license may not be issued to any person
21who holds, or has an interest in a permittee holding, any of the following:
SB268-SA2,127,2222
1. A wholesaler's permit issued under s. 125.28 or 125.54.
SB268-SA2,127,2323
2. A brewer's permit issued under s. 125.29.
SB268-SA2,127,2424
3. A brewpub permit issued under s. 125.295.
SB268-SA2,127,2525
4. A winery permit issued under s. 125.53.
SB268-SA2,128,1
15. A manufacturer's or rectifier's permit issued under s. 125.52.
SB268-SA2,128,22
6. An out-of-state shipper's permit issued under s. 125.30 or 125.58.
SB268-SA2,128,53
(f) Subject to s. 125.20 (6), a “Class B" license or permit or “Class C” license may
4not be issued to any person who holds, or has an interest in a permittee holding, any
5of the following:
SB268-SA2,128,66
1. A wholesaler's permit issued under s. 125.28 or 125.54.
SB268-SA2,128,77
2. A brewer's permit issued under s. 125.29.
SB268-SA2,128,98
3. Except as provided in s. 125.295 (1) (h), (2) (a) 6. e., and (3) (c), a brewpub
9permit issued under s. 125.295.
SB268-SA2,128,1010
4. A winery permit issued under s. 125.53.
SB268-SA2,128,1111
5. A manufacturer's or rectifier's permit issued under s. 125.52.
SB268-SA2,128,1212
6. An out-of-state shipper's permit issued under s. 125.30 or 125.58.
SB268-SA2,26ke
13Section 26ke. 125.69 (1) (a) 5., (b) 5m., (c) 9. and (d) 5. of the statutes are
14created to read:
SB268-SA2,128,1515
125.69
(1) (a) 5. A no-sale event venue permit issued under s. 125.24.
SB268-SA2,128,1616
(b) 5m. A no-sale event venue permit issued under s. 125.24.
SB268-SA2,128,1717
(c) 9. A no-sale event venue permit issued under s. 125.24.
SB268-SA2,128,1818
(d) 5. A no-sale event venue permit issued under s. 125.24.
SB268-SA2,26kg
19Section 26kg. 125.69 (4) (e) of the statutes is amended to read:
SB268-SA2,128,2420
125.69
(4) (e)
Costs. The cost of administering this subsection shall be charged
21to the manufacturer, rectifier and wholesaler permittees. The
department division 22shall determine the costs and shall establish the procedure for apportioning the cost
23against the permittees and provide for the method of payment to the
department 24division.
SB268-SA2,26ki
25Section 26ki. 125.69 (7) of the statutes is amended to read:
SB268-SA2,129,5
1125.69
(7) License or permit revocation. The violation of sub.
(1), (3) or (5)
,
2or s. 125.20 (5) (d) as it relates to sub. (1), is sufficient cause for the revocation of the
3license or permit of any licensee or permittee receiving the benefit from the
4prohibited act as well as the revocation of the license or permit of the licensee or
5permittee committing the prohibited act.
SB268-SA2,26km
6Section 26km. 125.69 (9) of the statutes is created to read:
SB268-SA2,129,127
125.69
(9) Providing taste samples on retail premises. (a) Subject to par. (e),
8with the consent of the “Class A,” “Class B,” or “Class C” licensee, a winery,
9manufacturer, or rectifier may provide, free of charge, on “Class A,” “Class B,” or
10“Class C” premises, taste samples of intoxicating liquor to any person who has
11attained the legal drinking age for consumption on the premises between the hours
12of 11 a.m. and 7 p.m.
SB268-SA2,129,1613
(b) A taste sample of wine may not exceed 3 fluid ounces and a person may not
14receive more than 2 taste samples of wine per day. A taste sample of intoxicating
15liquor other than wine may not exceed 0.5 fluid ounces and a person may receive not
16more than one taste sample of such intoxicating liquor per day.
SB268-SA2,129,2217
(c) A winery, manufacturer, or rectifier may provide taste samples of any
18intoxicating liquor purchased from the retail licensee or of any intoxicating liquor the
19winery, manufacturer, or rectifier produced on premises covered by its winery
20permit, manufacturer's permit, or rectifier's permit and brings to the retail premises,
21but the winery, manufacturer, or rectifier may not leave at the retail premises any
22unused intoxicating liquor not purchased from the retail licensee.
SB268-SA2,129,2523
(d) Any representative of a manufacturer, rectifier, or winery issued a permit
24under s. 125.52 or 125.53 may assist the retail licensee in dispensing or serving the
25taste samples.
SB268-SA2,130,2
1(e) This subsection authorizes taste samples only of wine on “Class C” licensed
2premises.”.
SB268-SA2,130,4
4“
Section 40b. 139.01 (2p) of the statutes is created to read:
SB268-SA2,130,65
139.01
(2p) “Division" means the division of alcohol beverages in the
6department.
SB268-SA2,40c
7Section 40c. 139.01 (4) of the statutes is amended to read:
SB268-SA2,130,118
139.01
(4) “License," and “fermented malt beverages" have the same meaning
9as in s. 125.02, and “licensed premises" are premises described in licenses and
10permits issued by the
department division, cities, villages, or towns under the
11authority of said section.
SB268-SA2,40d
12Section 40d. 139.01 (4) of the statutes, as affected by 2023 Wisconsin Act ....
13(this act), section 40c, is amended to read:
SB268-SA2,130,1714
139.01
(4) “License," and “fermented malt beverages" have the same meaning
15as in s. 125.02, and “licensed premises" are premises described in licenses and
16permits issued by the division, cities, villages, or towns under the authority of said
17section
, other than a permit issued under s. 125.175.
SB268-SA2,40e
18Section 40e. 139.01 (4) of the statutes, as affected by 2023 Wisconsin Act ....
19(this act), section 40d, is amended to read:
SB268-SA2,130,2320
139.01
(4) “License," and “fermented malt beverages" have the same meaning
21as in s. 125.02, and “licensed premises" are premises described in licenses and
22permits issued by the division, cities, villages, or towns under the authority of said
23section, other than
a permit permits issued under
s. ss. 125.175
and 125.24.
SB268-SA2,40f
24Section 40f. 139.01 (6) of the statutes is amended to read:
SB268-SA2,131,16
1139.01
(6) A “rectifier" is a person who rectifies, purifies or refines distilled
2spirits or wines by any process other than by original and continuous distillation
3from mash, wort or wash, through continuous closed vessels or pipes, until the
4manufacture thereof is complete, or who has in his or her possession any still or leach
5tub or keeps any other apparatus for the purpose of refining in any manner distilled
6spirits or the other liquors, or who after rectifying and purifying distilled spirits, by
7mixing such spirits or liquors with any materials, manufactures any spurious,
8imitation or compound liquors for sale, and any person who, without rectifying,
9purifying or refining distilled spirits, by mixing such spirits with any materials,
10manufactures any spurious, imitation or compound liquors for sale under the name
11of “whiskey," “brandy," “gin," “rum," “spirits," “
cordials" or any other name, and who
12is also a distiller or is under substantially the same management or control as a
13distiller. A rectifier may sell at wholesale intoxicating liquors rectified by him or her
14without any other license than that of a rectifier.
“Rectifier” does not include a “Class
15B” licensee that prepares, stores, or dispenses mixed drinks in advance of sale in
16compliance with s. 125.51 (3) (bg).
SB268-SA2,40g
17Section 40g. 139.03 (5) (a) of the statutes is amended to read:
SB268-SA2,131,2518
139.03
(5) (a) No person who enters this state from another state may have in
19his or her possession and bring into the state any intoxicating liquor or wine. The
20prohibition in this paragraph does not apply to a person who changes his or her
21domicile from another state or a foreign country to this state and who brings into this
22state intoxicating liquor and wine constituting household goods. The prohibition in
23this paragraph does not apply to intoxicating liquor or wine consigned to any person
24having a permit from the
secretary division to engage in the sale of such intoxicating
25liquor or wine.
SB268-SA2,40h
1Section 40h. 139.04 (4) of the statutes is amended to read:
SB268-SA2,132,42
139.04
(4) Sale or shipment of fermented malt beverages by a brewer to a
3bottler
or between brewers, or of intoxicating liquor
, whether in bulk
or any state of
4packaging, between manufacturers, rectifiers
, and wineries.
SB268-SA2,40i
5Section 40i. 139.06 (3) of the statutes is amended to read:
SB268-SA2,132,146
139.06
(3) In shipping intoxicating liquor
, whether in bulk
for the purpose of
7bottling or rectifying to a rectifier located within the state
or in any state of
8packaging, to a manufacturer or rectifier holding a permit under s. 125.52, the
9manufacturer
or rectifier shall securely affix thereto a label or statement, in such
10form as is prescribed by the secretary, reciting that the shipment is
made for the
11purpose of bottling or rectifying a tax-exempt transfer between producers as
12authorized under s. 139.04 (4). Each manufacturer
or rectifier making such
13shipments shall file an information report that shows the dates and quantities of
14shipments and the name and address of each consignee.
SB268-SA2,40j
15Section 40j. 139.08 (3) of the statutes is amended to read:
SB268-SA2,132,1816
139.08
(3) Police powers. The department
of revenue shall enforce and the
17duly authorized employees of the department shall have all necessary police powers
18to prevent violations of s. 134.65
, and this subchapter
and ch. 125.
SB268-SA2,40k
19Section 40k. 139.08 (4) of the statutes is amended to read:
SB268-SA2,133,920
139.08
(4) Inspection for enforcement. Duly authorized employees of the
21department of justice and the department of revenue and any sheriff, police officer,
22marshal, or constable, within their respective jurisdictions, may at all reasonable
23hours enter any licensed premises, and examine the books, papers, and records of
24any brewer, brewpub, manufacturer, bottler, rectifier, wholesaler, or retailer, for the
25purpose of inspecting the same and determining whether the tax and fee imposed by
1ss. 139.01 to 139.25 have been fully paid, and may inspect and examine, according
2to law, any premises where fermented malt beverages or intoxicating liquors are
3manufactured, sold, exposed for sale, possessed, or stored, for the purpose of
4inspecting the same and determining whether the tax imposed by ss. 139.01 to
5139.25 has been fully paid, and whether ss. 139.01 to 139.25
and ch. 125 are being
6complied with. Any refusal to permit such examination of such premises is sufficient
7grounds under s. 125.12 for revocation or suspension of any license or permit granted
8for the sale of any fermented malt beverages or intoxicating liquors and is punishable
9under s. 139.25 (10).
SB268-SA2,40m
10Section 40m. 139.08 (5) of the statutes is created to read:
SB268-SA2,133,1511
139.08
(5) Retention of certain records. Notwithstanding any retention
12schedule established for the department's records under s. 16.61, the department
13shall retain for 3 years after receipt by the department all reports submitted to the
14division under ss. 125.22 (2) and 125.23 (5) and all records received by the division
15relating to these reports.
SB268-SA2,40n
16Section 40n. 139.11 (1) of the statutes is amended to read:
SB268-SA2,133,2517
139.11
(1) Preservation of records. Every person who manufactures,
18rectifies, distributes, imports, transports, stores, warehouses, or sells intoxicating
19liquor or fermented malt beverages shall keep complete and accurate records of all
20such liquor or malt beverages purchased, sold, manufactured, rectified, brewed,
21fermented, distilled, produced, stored, warehoused, imported, or transported within
22this state. Such records shall be of a kind and in the form prescribed by the secretary
23and shall be safely preserved to ensure accessibility for inspection by the secretary
24or by the division as provided in s. 125.025 (3). A person required to keep records
25under this subsection may keep such records in electronic form only.
SB268-SA2,40o
1Section 40o. 139.11 (1) of the statutes, as affected by 2023 Wisconsin Act ....
2(this act), is amended to read:
SB268-SA2,134,143
139.11
(1) Preservation of records. Every person who manufactures,
4rectifies, distributes, imports, transports, stores, warehouses, or sells intoxicating
5liquor or fermented malt beverages shall keep complete and accurate records of all
6such liquor or malt beverages purchased, sold, manufactured, rectified, brewed,
7fermented, distilled, produced, stored, warehoused, imported, or transported within
8this state. Such records shall be of a kind and in the form prescribed by the secretary
9and shall be safely preserved to ensure accessibility for inspection by the secretary
10or by the division as provided in s. 125.025 (3). A person required to keep records
11under this subsection may keep such records in electronic form only.
Any common
12carrier or fulfillment house required to submit reports under s. 125.22 or 125.23 shall
13maintain, for 3 years, all records related to the reports or otherwise required to be
14kept under this subsection.”.
SB268-SA2,134,16
16“
Section 41b. 139.11 (4) (a) 2. of the statutes is amended to read:
SB268-SA2,134,2217
139.11
(4) (a) 2. A current list, available on paper and on the department's
18Internet site, providing detailed information regarding every person issued a
19wholesalers permit under s. 125.28, brewers permit under s. 125.29, brewpub permit
20under s. 125.295, or out-of-state shippers permit under s. 125.30. The information
21provided under this subdivision shall include the name and address of the permit
22holder and the date on which the
department division issued the permit.
SB268-SA2,41c
23Section 41c. 139.11 (4) (b) 2. of the statutes is amended to read:
SB268-SA2,135,8
1139.11
(4) (b) 2. A current and regularly updated list, made available on paper
2and on the department's Internet website, of permit holders that minimally includes
3detailed information on the name, address, contact person, and date of permit
4issuance for every
common carrier permit issued under s. 125.22, fulfillment house
5permit issued under s. 125.23, manufacturer's and rectifier's permit issued under s.
6125.52, winery permit issued under s. 125.53, direct wine shipper's permit issued
7under s. 125.535, wholesaler's permit issued under s. 125.54, and out-of-state
8shipper's permit issued under s. 125.58.
SB268-SA2,41d
9Section 41d. 139.22 of the statutes is amended to read:
SB268-SA2,135,21
10139.22 Confiscation. If a duly authorized employee of the department of
11revenue or the department of justice or any sheriff, police officer, marshal, or
12constable, within his or her respective jurisdiction, discovers any fermented malt
13beverages upon any premises other than the premises of a brewer, brewpub, or
14bottler, or any intoxicating liquor upon any premises other than the premises of a
15manufacturer, rectifier, winery, or wholesaler, and upon which the tax has not been
16paid or which was possessed, kept, stored, manufactured, sold, distributed, or
17transported in violation of ss. 139.01 to 139.25
and ch. 125, the employee or any such
18officer may immediately seize the fermented malt beverages or intoxicating liquors.
19Any such fermented malt beverages or intoxicating liquors so seized shall be
held 20transferred by the department of revenue
to the division and disposed of under s.
21125.14 (2) (e).
SB268-SA2,41e
22Section 41e. 139.25 (9) of the statutes is amended to read:
SB268-SA2,135,2523
139.25
(9) Failure to keep records. Failure to comply with s. 139.11 (1) shall
24carry a penalty of revocation by the
secretary of revenue division of the license or
25permit.”.
SB268-SA2,136,2
2“
Section 49c. 185.043 (2) of the statutes is amended to read:
SB268-SA2,136,103
185.043
(2) If the cooperative is formed for purposes of operating as a small
4winery cooperative wholesaler under s. 125.545, 3 or more individuals, at least one
5of whom must be a resident and all of which must be owners of small wineries
6certified by the
division of alcohol beverages in the department of revenue under s.
7125.545 (6) (a), may form a cooperative by signing, acknowledging, and filing articles.
8Membership in a cooperative formed under this subsection is limited to small
9wineries certified by the
department of revenue
division of alcohol beverages under
10s. 125.545 (6) (a).
SB268-SA2,49d
11Section 49d. 185.043 (2) of the statutes, as affected by 2023 Wisconsin Act ....
12(this act), is amended to read:
SB268-SA2,136,2013
185.043
(2) If the cooperative is formed for purposes of operating as a small
14winery cooperative wholesaler under s. 125.545, 3 or more individuals, at least one
15of whom must be a resident and all of which must be owners of small wineries
or
16small manufacturers certified by the division of alcohol beverages in the department
17of revenue under s. 125.545 (6) (a), may form a cooperative by signing,
18acknowledging, and filing articles. Membership in a cooperative formed under this
19subsection is limited to small wineries
or small manufacturers certified by the
20division of alcohol beverages under s. 125.545 (6) (a).
SB268-SA2,49e
21Section 49e. 227.52 (1) of the statutes is amended to read:
SB268-SA2,136,2322
227.52
(1) Decisions of the department of revenue
other than decisions relating
23to alcohol beverage permits issued under ch. 125.
SB268-SA2,49f
24Section 49f. 230.08 (2) (e) 11. of the statutes is amended to read:
SB268-SA2,137,1
1230.08
(2) (e) 11. Revenue —
7 8.”.
SB268-SA2,137,9
3“230.36
(1m) (b) 2. (intro.) A conservation warden, conservation patrol boat
4captain, conservation patrol boat engineer, member of the state patrol, state motor
5vehicle inspector, University of Wisconsin System police officer, security officer, or
6security person, other state facilities police officer, special tax agent,
excise tax
7investigator special agent employed by the department of revenue
who is authorized
8to act under s. 73.031, and special criminal investigation agent employed by the
9department of justice at all times while:”.
SB268-SA2,137,1813
346.657
(1) If a court imposes a fine or a forfeiture for a violation of s. 346.62
14or 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or
15(6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall
16impose a safe ride program surcharge under ch. 814 in an amount of
$50 $75 in
17addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under
18ch. 814.”.
SB268-SA2,137,20
20“
Section 64b. Tax 8.87 of the administrative code is repealed.
SB268-SA2,137,2222
(1)
Transfer of alcohol beverages regulation and enforcement functions.
SB268-SA2,137,2323
(a)
Definitions. In this subsection: