Amendment ASA-AB150

AB150-ASA,1422,12 125.14 (2) (f) Sale. Any personal property, other than alcohol beverages, seized under par. (a) and fit for sale, shall be turned over by the department to the department of administration for disposal at public auction to the highest bidder, at a time and place stated in a notice of sale which describes the property to be sold. The sale shall be held in a conveniently accessible place in the county where the property was confiscated. A copy of the notice shall be published as a class 2 notice under ch. 985. The last insertion shall be at least 10 days before the sale. The department of revenue shall serve a copy of the notice of sale at least 2 weeks before the date thereof on all persons who are or may be owners or holders of security interests in the property. Any confiscated property worth more than $100 shall be sold separately, and the balance of the confiscated property shall be sold in bulk or separately at the discretion of the department of administration. The net proceeds from the sale, less all costs of seizure, storage and sale, shall be turned over to the state treasurer secretary of administration. No motor vehicle or motorboat confiscated under this section may be sold within 30 days after the date of seizure.

AB150-ASA, s. 4118m Section 4118m. 125.19 (2) of the statutes is amended to read:

AB150-ASA,1422,19 125.19 (2) Eligibility. Alcohol beverage warehouse permits may be issued only to any a person who holds a valid certificate issued under s. 73.03 (50) and is qualified under s. 125.04 (5), except a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.

AB150-ASA, s. 4118r Section 4118r. 125.19 (3) of the statutes is repealed.

AB150-ASA, s. 4119g Section 4119g. 125.27 (1) (a) of the statutes is amended to read:

AB150-ASA,1423,5 125.27 (1) (a) The department shall issue Class "B" permits to clubs holding a valid certificate issued under s. 73.03 (50) that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs that are operated solely for curling, ski jumping or yachting, if the club is not open to the general public and if no Class "B" licenses are issued by the governing body of the municipality in which the club is located. A Class "B" permit authorizes retail sales of fermented malt beverages to be consumed on the premises where sold. Persons holding a Class "B" permit may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license under s. 66.053 (1).

AB150-ASA, s. 4119m Section 4119m. 125.27 (1) (c) of the statutes is repealed.

AB150-ASA, s. 4119r Section 4119r. 125.27 (2) (a) 1. (intro.) of the statutes is amended to read:

AB150-ASA,1423,12 125.27 (2) (a) 1. (intro.) The department may issue a Class "B" permit to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5) authorizing the sale of fermented malt beverages for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under s. 29.01 (9) and (11) if any of the following applies:

AB150-ASA, s. 4120m Section 4120m. 125.27 (2) (c) of the statutes is repealed.

AB150-ASA, s. 4121m Section 4121m. 125.275 (1) of the statutes is amended to read:

AB150-ASA,1423,19 125.275 (1) The department may issue an industrial fermented malt beverages permit which authorizes the permittee to purchase and use fermented malt beverages for industrial purposes only. Such permits may be issued only to persons who prove to the department that they use alcohol for industrial purposes and who holds a valid certificate issued under s. 73.03 (50).

AB150-ASA, s. 4121r Section 4121r. 125.275 (4) of the statutes is repealed.

AB150-ASA, s. 4122m Section 4122m. 125.29 (1) of the statutes is amended to read:

AB150-ASA,1424,3 125.29 (1) Permit. No person may operate as a brewer unless that person obtains a permit from the department. Each wholesaler required to register under s. 139.09 shall obtain a permit under this subsection. The fee for a permit under this subsection is $25, and that permit is valid for 2 years, except that, if a person applies for the permit after the beginning of the permit period, the permit is valid until the end of the permit period A permit under this section may only be issued to a person who holds a valid certificate issued under s. 73.03 (50).

AB150-ASA, s. 4123c Section 4123c. 125.30 (3) of the statutes is amended to read:

AB150-ASA,1424,12 125.30 (3) Out-of-state shippers' permits may be issued only to any a person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5). Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state shippers' permits are not required to be residents of this state. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers' permits are not required to appoint agents.

AB150-ASA, s. 4123d Section 4123d. 125.30 (4) of the statutes is repealed.

AB150-ASA, s. 4123g Section 4123g. 125.51 (4) (t) of the statutes is renumbered 125.51 (4) (t) 1.

AB150-ASA, s. 4123h Section 4123h. 125.51 (4) (t) 2. of the statutes is created to read:

AB150-ASA,1424,18 125.51 (4) (t) 2. No license may be issued under subd. 1. after the effective date of this subdivision .... [revisor inserts date], but a license issued under subd. 1. before the effective date of this subdivision .... [revisor inserts date], may be renewed.

AB150-ASA, s. 4123m Section 4123m. 125.51 (4) (u) of the statutes is created to read:

AB150-ASA,1424,23 125.51 (4) (u) 1. Notwithstanding the quota of a municipality, its governing body may issue a license to a corporation that holds a Class "B" license, a "Class C" license and a "Class A" license since January 1, 1992, if the licenses are issued by that governing body.

AB150-ASA,1425,3 2. No license may be issued under subd. 1. after September 1, 1995, or 30 days after the effective date of this subdivision .... [revisor inserts date], whichever is later, but a license issued under subd. 1. on or before September 1, 1995, or on or before 30 days after the effective date of this subdivision .... [revisor inserts date], whichever is later, may be renewed.

AB150-ASA, s. 4124m Section 4124m. 125.51 (5) (a) 1. of the statutes is amended to read:

AB150-ASA,1425,17 125.51 (5) (a) 1. The department shall issue "Class B" permits to clubs which that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs which are operated solely for curling, ski jumping or yachting. A "Class B" permit may be issued only to a club that holds a valid certificate issued under s. 73.03 (50), that is not open to the general public and that is located in a municipality that does not issue "Class B" licenses or to a club located in a municipality that issues "Class B" licenses, if the club holds a valid certificate issued under s. 73.03 (50), is not open to the general public, was not issued a license under s. 176.05 (4a), 1979 stats., and does not currently hold a "Class B" license. The permits may be issued by the department without regard to any local option exercised under s. 125.05 and without regard to any quota under sub. (4). The holder of a "Class B" permit may sell intoxicating liquor for consumption by the glass and not in the original package or container on the premises covered by the permit.

AB150-ASA, s. 4124r Section 4124r. 125.51 (5) (a) 4. of the statutes is amended to read:

AB150-ASA,1425,25 125.51 (5) (a) 4. The department may annually issue a "Class B" permit to any club that holds a valid certificate issued under s. 73.03 (50), is organized to engage in sports similar to curling, golf, tennis or yachting which and that held a license from July 1, 1950, to June 30, 1951, as long as it is continuously operated under substantially the same circumstances under which it operated during the year beginning July 1, 1950, if the club is located in a municipality that does not issue "Class B" licenses.

AB150-ASA, s. 4125g Section 4125g. 125.51 (5) (a) 5. of the statutes is repealed.

AB150-ASA, s. 4125m Section 4125m. 125.51 (5) (b) 2. of the statutes is amended to read:

AB150-ASA,1426,9 125.51 (5) (b) 2. The department shall issue a "Class B" permit to a concessionaire conducting that holds a valid certificate issued under s. 73.03 (50) and that conducts business in an operating airport or public facility, if the county or municipality which owns the airport or public facility has, by resolution of its governing body, annually applied to the department for the permit. The permit authorizes the sale of intoxicating liquor for consumption by the glass and not in the original package or container on the premises.

AB150-ASA, s. 4125r Section 4125r. 125.51 (5) (b) 5. of the statutes is repealed.

AB150-ASA, s. 4126g Section 4126g. 125.51 (5) (c) 1. of the statutes is amended to read:

AB150-ASA,1427,4 125.51 (5) (c) 1. The department may issue a "Class B" permit to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5) authorizing the sale of intoxicating liquor for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under s. 29.01 (9) and (11) if the vessel either serves food and has an approved passenger capacity of not less than 40 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of all of the food and beverages served on the vessel or if the vessel has an approved passenger capacity of at least 100 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of the vessel. The department may issue the permit only if the vessel leaves its place of mooring while the sale of intoxicating liquor is taking place and if the vessel fulfills the requirement under par. (c) 1m. A permit issued under this subdivision also authorizes the permittee to store intoxicating liquor purchased for sale on the vessel on premises owned or leased by the permittee and located near the vessel's regular place of mooring. The permittee shall describe on the permit application under s. 125.04 (3) (a) 3 the premises where the intoxicating liquor will be stored. The premises shall be open to inspection by the department upon request.

AB150-ASA, s. 4127m Section 4127m. 125.51 (5) (c) 2. of the statutes is repealed.

AB150-ASA, s. 4128m Section 4128m. 125.52 (3) of the statutes is amended to read:

AB150-ASA,1427,13 125.52 (3) Persons eligible. Except as provided under s. 125.69, a manufacturer's or rectifier's permit may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.

AB150-ASA, s. 4129m Section 4129m. 125.52 (4) of the statutes is repealed.

AB150-ASA, s. 4130m Section 4130m. 125.52 (5) of the statutes is repealed.

AB150-ASA, s. 4131m Section 4131m. 125.53 (1) of the statutes is amended to read:

AB150-ASA,1427,25 125.53 (1) The department shall issue only to a manufacturing winery in this state that holds a valid certificate issued under s. 73.03 (50) a winery permit authorizing the manufacture and bottling of wine on the premises covered by the permit for sale at wholesale to other licensees or permittees. A permittee under this section may offer on the premises taste samples of wine manufactured on the premises to persons who have attained the legal drinking age. A permittee under this section may also have either a "Class A" or "Class B" license, but not both. If a "Class A" or "Class B" liquor license has also been issued to the winery, the winery may offer the taste samples on the "Class A" or "Class B" premises.

AB150-ASA, s. 4132m Section 4132m. 125.53 (3) of the statutes is repealed.

AB150-ASA, s. 4132r Section 4132r. 125.54 (2) of the statutes is amended to read:

AB150-ASA,1428,9 125.54 (2) Persons eligible. Except as provided under s. 125.69, a wholesaler's permit may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.

AB150-ASA, s. 4133g Section 4133g. 125.54 (3) of the statutes is repealed.

AB150-ASA, s. 4134g Section 4134g. 125.54 (4) of the statutes is repealed.

AB150-ASA, s. 4134m Section 4134m. 125.55 (3) of the statutes is repealed.

AB150-ASA, s. 4134r Section 4134r. 125.58 (2) of the statutes is amended to read:

AB150-ASA,1428,22 125.58 (2) Out-of-state shippers' permits may be issued only to any a person except who holds a valid certificate issued under s. 73.03 (50), but may not be issued to a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state shippers' permits are not required to be residents of this state. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers' permits are not required to appoint agents.

AB150-ASA, s. 4135g Section 4135g. 125.58 (3) of the statutes is repealed.

AB150-ASA, s. 4135m Section 4135m. 125.60 (2) of the statutes is amended to read:

AB150-ASA,1429,5 125.60 (2) Wholesale alcohol permits may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section.

AB150-ASA, s. 4136m Section 4136m. 125.60 (5) of the statutes is repealed.

AB150-ASA, s. 4137m Section 4137m. 125.62 (2) of the statutes is amended to read:

AB150-ASA,1429,12 125.62 (2) Industrial alcohol permits may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a person acting as agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section.

AB150-ASA, s. 4138m Section 4138m. 125.62 (4) of the statutes is repealed.

AB150-ASA, s. 4139m Section 4139m. 125.63 (2) of the statutes is amended to read:

AB150-ASA,1429,19 125.63 (2) Industrial wine permits may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section.

AB150-ASA, s. 4140m Section 4140m. 125.63 (4) of the statutes is repealed.

AB150-ASA, s. 4141m Section 4141m. 125.65 (2) of the statutes is amended to read:

AB150-ASA,1429,24 125.65 (2) Permits for wholesale sale for future delivery may be issued to any person who holds a valid certificate issued under s. 73.03 (50), who is qualified under s. 125.04 (5) (a) 1. and (b) and who is at least 18 years of age.

AB150-ASA, s. 4142m Section 4142m. 125.65 (5) of the statutes is repealed.

AB150-ASA, s. 4143b Section 4143b. 125.66 (4) of the statutes is created to read:

AB150-ASA,1430,4 125.66 (4) Notwithstanding sub. (1) and s. 125.04 (1), a "Class A" licensee who sells intoxicating liquor to a "Class B" licensee for resale may be fined not more than $100.

AB150-ASA, s. 4143g Section 4143g. 125.69 (6) of the statutes is amended to read:

AB150-ASA,1430,9 125.69 (6) Campuses and retailers to purchase from persons holding permits. (a) No campus or retail licensee or permittee may purchase or possess intoxicating liquor purchased from any person other than a manufacturer, rectifier or wholesaler holding a permit under this chapter for the sale of intoxicating liquor.

AB150-ASA,1430,15 (b) Any person who violates this subsection may par. (a), if the total volume of intoxicating liquor purchased or possessed by that person in one month is 12 liters or less, may be fined not more that $10. A person who purchases or possesses more than 12 liters of intoxicating liquor in one month in violation of par. (a) shall be fined not less than $1,000 nor more than $10,000 or imprisoned for not more than 9 months or both.

AB150-ASA, s. 4143m Section 4143m. 125.69 (6) (c) of the statutes is created to read:

AB150-ASA,1430,20 125.69 (6) (c) Notwithstanding par. (b), a "Class B" licensee who purchases intoxicating liquor from a "Class A" licensee for resale or who possesses intoxicating liquor purchased from a "Class A" licensee for resale may be fined not more than $100.

AB150-ASA, s. 4144 Section 4144. 132.13 (2) of the statutes is amended to read:

AB150-ASA,1431,2 132.13 (2) It shall be the duty of the department of industry, labor and human relations and of the district attorneys of the several counties to enforce this section, whenever any complaint or other evidence leads them to reasonably believe that this section has been violated. The district attorney shall upon receipt of such complaint or other evidence at once institute proper legal proceedings to compel compliance therewith.

AB150-ASA, s. 4146 Section 4146. 133.16 of the statutes is amended to read:

AB150-ASA,1432,5 133.16 Injunction; pleading; practice. Any circuit court may prevent or restrain, by injunction or otherwise, any violation of this chapter. The department of justice, any district attorney or any person by complaint may institute actions or proceedings to prevent or restrain a violation of this chapter, setting forth the cause and grounds for the intervention of the court and praying that such violation, whether intended or continuing be enjoined or prohibited. When the parties informed against or complained of have been served with a copy of the information or complaint and cited to answer it, the court shall proceed, as soon as may be in accordance with its rules, to the hearing and determination of the case; and pending the filing of the answer to such information or complaint may, at any time, upon proper notice, make such temporary restraining order or prohibition as is just. Whenever it appears to the court that the ends of justice require that other persons be made parties to the action or proceeding the court may cause them to be made parties in such manner as it directs. Where The party commencing or maintaining the action or proceeding is brought and maintained by a private party, that party may demand and recover the cost of suit including reasonable attorney fees. In an action commenced by the department of justice, the court may award the department of justice the costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation. The department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the costs of suit, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh). All of the money deposited in the general fund that was awarded under this section to remedy the harmful effects of the violation shall be credited to the appropriation account under s. 20.455 (1) (gm). Copies of all pleadings filed under this section shall be served on the department of justice.

AB150-ASA, s. 4146e Section 4146e. 134.22 (4) (intro.) of the statutes is amended to read:

AB150-ASA,1432,11 134.22 (4) (intro.)  The department of justice agriculture, trade and consumer protection shall investigate violations of this section. The department of justice agriculture, trade and consumer protection, or any district attorney, upon informing the department of justice agriculture, trade and consumer protection, may, on behalf of the state, do any of the following:

AB150-ASA, s. 4146m Section 4146m. 134.22 (4) (a) of the statutes is amended to read:

AB150-ASA,1432,20 134.22 (4) (a) Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of this section. The relief sought by the department of justice agriculture, trade and consumer protection or district attorney may include the payment by a promoter into an escrow account of an amount estimated to be sufficient to pay for ticket refunds. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of violations of this section if proof of such loss is submitted to the satisfaction of the court.

AB150-ASA, s. 4146s Section 4146s. 134.42 (4) (b) of the statutes is amended to read:

AB150-ASA,1432,24 134.42 (4) (b) The attorney general department of agriculture, trade and consumer protection and the district attorneys of this state have concurrent authority to institute civil proceedings under this section.

AB150-ASA, s. 4148b Section 4148b. 134.68 (5) (a) (intro.) of the statutes is amended to read:

AB150-ASA,1433,6 134.68 (5) (a) (intro.) No person may collect or by contract require a buyer to pay more than $100 for dating services before the buyer receives or has the opportunity to receive those services unless the person selling dating services establishes proof of financial responsibility by maintaining any of the following commitments approved by the department of justice agriculture, trade and consumer protection in an amount not less than $25,000:

AB150-ASA, s. 4148d Section 4148d. 134.68 (5) (b) of the statutes is amended to read:

AB150-ASA,1433,14 134.68 (5) (b) The commitment described in par. (a) shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under the contractual provision described in sub. (3). The person selling dating services shall file with the department of justice agriculture, trade and consumer protection any agreement, instrument or other document necessary to enforce the commitment against the person selling dating services or any relevant 3rd party, or both.

AB150-ASA, s. 4148e Section 4148e. 134.68 (7) (a) (intro.) of the statutes is amended to read:

AB150-ASA,1433,17 134.68 (7) (a) (intro.) The department of justice agriculture, trade and consumer protection or any district attorney may on behalf of the state:

AB150-ASA, s. 4148f Section 4148f. 134.68 (7) (b) of the statutes is amended to read:

AB150-ASA,1433,22 134.68 (7) (b) The department of justice may bring an action in circuit court to recover on a financial commitment maintained under sub. (5) against a person selling dating services or relevant 3rd party, or both, on behalf of any buyer who does not receive a refund due under the contractual provision described in sub. (3).

AB150-ASA, s. 4148h Section 4148h. 134.70 (13) (b) 1. (intro.) of the statutes is amended to read:

AB150-ASA,1434,5 134.70 (13) (b) 1. (intro.) Except as provided in subd. 3., a center may establish proof of financial responsibility required under par. (a) by maintaining an established escrow account approved by the department of justice agriculture, trade and consumer protection for all amounts received from buyers in advance of the receipt of services or by maintaining any of the following commitments approved by the department of justice agriculture, trade and consumer protection in an amount not less than $25,000, subject to subd. 2.: