AB150-ASA,1426,93
125.51
(5) (b) 2. The department shall issue a "Class B" permit to a
4concessionaire
conducting that holds a valid certificate issued under s. 73.03 (50) and
5that conducts business in an operating airport or public facility, if the county or
6municipality which owns the airport or public facility has, by resolution of its
7governing body, annually applied to the department for the permit. The permit
8authorizes the sale of intoxicating liquor for consumption by the glass and not in the
9original package or container on the premises.
AB150-ASA,1427,412
125.51
(5) (c) 1. The department may issue a "Class B" permit to any person
13who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s.
14125.04 (5) authorizing the sale of intoxicating liquor for consumption on any vessel
15having a regular place of mooring located in any waters of this state as defined under
16s. 29.01 (9) and (11) if the vessel either serves food and has an approved passenger
17capacity of not less than 40 individuals and the sale of intoxicating liquor and
18fermented malt beverages on the vessel accounts for less than 50% of the gross
19receipts of all of the food and beverages served on the vessel or if the vessel has an
20approved passenger capacity of at least 100 individuals and the sale of intoxicating
21liquor and fermented malt beverages on the vessel accounts for less than 50% of the
22gross receipts of the vessel. The department may issue the permit only if the vessel
23leaves its place of mooring while the sale of intoxicating liquor is taking place and
24if the vessel fulfills the requirement under par. (c) 1m. A permit issued under this
25subdivision also authorizes the permittee to store intoxicating liquor purchased for
1sale on the vessel on premises owned or leased by the permittee and located near the
2vessel's regular place of mooring. The permittee shall describe on the permit
3application under s. 125.04 (3) (a) 3 the premises where the intoxicating liquor will
4be stored. The premises shall be open to inspection by the department upon request.
AB150-ASA,1427,137
125.52
(3) Persons eligible. Except as provided under s. 125.69, a
8manufacturer's or rectifier's permit may be issued to any person
who holds a valid
9certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except
10a foreign corporation, a foreign limited liability company or a person acting as an
11agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person
12is not required to complete a responsible beverage server training course to be
13eligible for a permit under this section.
AB150-ASA,1427,2517
125.53
(1) The department shall issue only to a manufacturing winery in this
18state
that holds a valid certificate issued under s. 73.03 (50) a winery permit
19authorizing the manufacture and bottling of wine on the premises covered by the
20permit for sale at wholesale to other licensees or permittees. A permittee under this
21section may offer on the premises taste samples of wine manufactured on the
22premises to persons who have attained the legal drinking age. A permittee under
23this section may also have either a "Class A" or "Class B" license, but not both. If a
24"Class A" or "Class B" liquor license has also been issued to the winery, the winery
25may offer the taste samples on the "Class A" or "Class B" premises.
AB150-ASA,1428,93
125.54
(2) Persons eligible. Except as provided under s. 125.69, a wholesaler's
4permit may be issued to any person
who holds a valid certificate issued under s. 73.03
5(50) and who is qualified under s. 125.04 (5), except a foreign corporation, a foreign
6limited liability company or a person acting as an agent for or in the employ of
7another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete
8a responsible beverage server training course to be eligible for a permit under this
9section.
AB150-ASA,1428,2214
125.58
(2) Out-of-state shippers' permits may be issued
only to
any a person
15except who holds a valid certificate issued under s. 73.03 (50), but may not be issued
16to a person acting as an agent for or in the employ of another. Notwithstanding s.
17125.04 (5) (a), natural persons obtaining out-of-state shippers' permits are not
18required to be residents of this state. Notwithstanding s. 125.04 (5) (a) 5., a person
19is not required to complete a responsible beverage server training course to be
20eligible for a permit under this section. Notwithstanding s. 125.04 (6), corporations
21or limited liability companies obtaining out-of-state shippers' permits are not
22required to appoint agents.
AB150-ASA,1429,5
1125.60
(2) Wholesale alcohol permits may be issued to any person
who holds
2a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5),
3except a person acting as an agent for or in the employ of another. Notwithstanding
4s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server
5training course to be qualified for a permit under this section.
AB150-ASA,1429,128
125.62
(2) Industrial alcohol permits may be issued to any person
who holds
9a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5),
10except a person acting as agent for or in the employ of another. Notwithstanding s.
11125.04 (5) (a) 5., a person is not required to complete a responsible beverage server
12training course to be qualified for a permit under this section.
AB150-ASA,1429,1915
125.63
(2) Industrial wine permits may be issued to any person
who holds a
16valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5),
17except a person acting as an agent for or in the employ of another. Notwithstanding
18s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server
19training course to be qualified for a permit under this section.
AB150-ASA,1429,2422
125.65
(2) Permits for wholesale sale for future delivery may be issued to any
23person
who holds a valid certificate issued under s. 73.03 (50), who is qualified under
24s. 125.04 (5) (a) 1. and (b)
and who is at least 18 years of age.
AB150-ASA,1430,42
125.66
(4) Notwithstanding sub. (1) and s. 125.04 (1), a "Class A" licensee who
3sells intoxicating liquor to a "Class B" licensee for resale may be fined not more than
4$100.
AB150-ASA,1430,96
125.69
(6) Campuses and retailers to purchase from persons holding permits.
7(a) No campus or retail licensee or permittee may purchase or possess intoxicating
8liquor purchased from any person other than a manufacturer, rectifier or wholesaler
9holding a permit under this chapter for the sale of intoxicating liquor.
AB150-ASA,1430,15
10(b) Any person who violates
this subsection may par. (a), if the total volume of
11intoxicating liquor purchased or possessed by that person in one month is 12 liters
12or less, may be fined not more that $10. A person who purchases or possesses more
13than 12 liters of intoxicating liquor in one month in violation of par. (a) shall be fined
14not
less than $1,000 nor more than $10,000
or imprisoned for not more than 9 months
15or both.
AB150-ASA,1430,2017
125.69
(6) (c) Notwithstanding par. (b), a "Class B" licensee who purchases
18intoxicating liquor from a "Class A" licensee for resale or who possesses intoxicating
19liquor purchased from a "Class A" licensee for resale may be fined not more than
20$100.
AB150-ASA,1431,222
132.13
(2) It shall be the duty of the
department of industry, labor and human
23relations and of the district attorneys of the several counties to enforce this section,
24whenever any complaint or other evidence leads them to reasonably believe that this
25section has been violated. The district attorney shall upon receipt of such complaint
1or other evidence at once institute proper legal proceedings to compel compliance
2therewith.
AB150-ASA,1432,5
4133.16 Injunction; pleading; practice. Any circuit court may prevent or
5restrain, by injunction or otherwise, any violation of this chapter. The department
6of justice, any district attorney or any person by complaint may institute actions or
7proceedings to prevent or restrain a violation of this chapter, setting forth the cause
8and grounds for the intervention of the court and praying that such violation,
9whether intended or continuing be enjoined or prohibited. When the parties
10informed against or complained of have been served with a copy of the information
11or complaint and cited to answer it, the court shall proceed, as soon as may be in
12accordance with its rules, to the hearing and determination of the case; and pending
13the filing of the answer to such information or complaint may, at any time, upon
14proper notice, make such temporary restraining order or prohibition as is just.
15Whenever it appears to the court that the ends of justice require that other persons
16be made parties to the action or proceeding the court may cause them to be made
17parties in such manner as it directs.
Where The party commencing or maintaining 18the action or proceeding
is brought and maintained by a private party, that party may
19demand and recover the cost of suit including reasonable attorney fees.
In an action
20commenced by the department of justice, the court may award the department of
21justice the costs of investigation and an amount reasonably necessary to remedy the
22harmful effects of the violation. The department of justice shall deposit in the state
23treasury for deposit in the general fund all moneys that the court awards to the
24department or the state under this section. Ten percent of the money deposited in
25the general fund that was awarded under this section for the costs of investigation
1and the costs of suit, including attorney fees, shall be credited to the appropriation
2account under s. 20.455 (1) (gh). All of the money deposited in the general fund that
3was awarded under this section to remedy the harmful effects of the violation shall
4be credited to the appropriation account under s. 20.455 (1) (gm). Copies of all
5pleadings filed under this section shall be served on the department of justice.
AB150-ASA,1432,117
134.22
(4) (intro.) The department of
justice agriculture, trade and consumer
8protection shall investigate violations of this section. The department of
justice 9agriculture, trade and consumer protection, or any district attorney
, upon informing
10the department of
justice agriculture, trade and consumer protection, may, on behalf
11of the state, do any of the following:
AB150-ASA,1432,2013
134.22
(4) (a) Bring an action for temporary or permanent injunctive relief in
14any court of competent jurisdiction for any violation of this section. The relief sought
15by the department of
justice agriculture, trade and consumer protection or district
16attorney may include the payment by a promoter into an escrow account of an
17amount estimated to be sufficient to pay for ticket refunds. The court may, upon
18entry of final judgment, award restitution when appropriate to any person suffering
19loss because of violations of this section if proof of such loss is submitted to the
20satisfaction of the court.
AB150-ASA,1432,2422
134.42
(4) (b) The
attorney general
department of agriculture, trade and
23consumer protection and the district attorneys of this state have concurrent
24authority to institute civil proceedings under this section.
AB150-ASA, s. 4148b
25Section 4148b. 134.68 (5) (a) (intro.) of the statutes is amended to read:
AB150-ASA,1433,6
1134.68
(5) (a) (intro.) No person may collect or by contract require a buyer to
2pay more than $100 for dating services before the buyer receives or has the
3opportunity to receive those services unless the person selling dating services
4establishes proof of financial responsibility by maintaining any of the following
5commitments approved by the department of
justice
agriculture, trade and
6consumer protection in an amount not less than $25,000:
AB150-ASA,1433,148
134.68
(5) (b) The commitment described in par. (a) shall be established in favor
9of or made payable to the state, for the benefit of any buyer who does not receive a
10refund under the contractual provision described in sub. (3). The person selling
11dating services shall file with the department of
justice agriculture, trade and
12consumer protection any agreement, instrument or other document necessary to
13enforce the commitment against the person selling dating services or any relevant
143rd party, or both.
AB150-ASA, s. 4148e
15Section 4148e. 134.68 (7) (a) (intro.) of the statutes is amended to read:
AB150-ASA,1433,1716
134.68
(7) (a) (intro.) The department of
justice agriculture, trade and
17consumer protection or any district attorney may on behalf of the state:
AB150-ASA,1433,2219
134.68
(7) (b) The department
of justice may bring an action in circuit court to
20recover on a financial commitment maintained under sub. (5) against a person
21selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
22not receive a refund due under the contractual provision described in sub. (3).
AB150-ASA, s. 4148h
23Section 4148h. 134.70 (13) (b) 1. (intro.) of the statutes is amended to read:
AB150-ASA,1434,524
134.70
(13) (b) 1. (intro.) Except as provided in subd. 3., a center may establish
25proof of financial responsibility required under par. (a) by maintaining an
1established escrow account approved by the department of
justice agriculture, trade
2and consumer protection for all amounts received from buyers in advance of the
3receipt of services or by maintaining any of the following commitments approved by
4the department of
justice agriculture, trade and consumer protection in an amount
5not less than $25,000, subject to subd. 2.:
AB150-ASA,1434,127
134.70
(13) (b) 2. The commitment described in subd. 1. shall be established
8in favor of or made payable to the state, for the benefit of any buyer who does not
9receive a refund under sub. (11) (a). The center shall file with the department of
10justice agriculture, trade and consumer protection any agreement, instrument or
11other document necessary to enforce the commitment against the center or any
12relevant 3rd party, or both.
AB150-ASA,1435,214
134.70
(13) (b) 3. For 6 or more weight reduction centers owned or operated
15under the same trade name, the amount of the financial commitment under pars. (a)
16and (b) for those weight reduction centers is not required to exceed a total of
17$150,000. For a weight reduction center that submits to the department of
justice 18agriculture, trade and consumer protection evidence satisfactory to the department
19of justice that the weight reduction center collected a total of $50,000 or more but less
20than $100,000 from buyers of its center services in the previous calendar year, the
21amount of the financial commitment under pars. (a) and (b) is not required to exceed
22$10,000. For a weight reduction center that submits to the department
of justice 23evidence satisfactory to the department
of justice that the weight reduction center
24collected less than a total of $50,000 from buyers of its center services in the previous
1calendar year, the amount of the financial commitment under pars. (a) and (b) is not
2required to exceed $5,000.
AB150-ASA, s. 4148m
3Section 4148m. 134.70 (15) (a) (intro.) of the statutes is amended to read:
AB150-ASA,1435,74
134.70
(15) (a) (intro.) The department of agriculture, trade and consumer
5protection
and the department of justice shall
cooperatively investigate violations of
6this section or s. 134.705 (2) or (4). The department of
justice agriculture, trade and
7consumer protection may on behalf of the state:
AB150-ASA,1435,129
134.70
(15) (am) The department of
justice agriculture, trade and consumer
10protection may bring an action in circuit court to recover on a financial commitment
11maintained under sub. (13) against a center or relevant 3rd party, or both, on behalf
12of any buyer who does not receive a refund due under sub. (11) (a).
AB150-ASA,1435,1914
134.71
(12) Applications and forms. The department of
justice agriculture,
15trade and consumer protection shall develop applications and other forms required
16under subs. (5) (intro.) and (8) (c). The department
of justice shall print a sufficient
17number of applications and forms to provide to counties and municipalities for
18distribution to pawnbrokers, secondhand article dealers and secondhand jewelry
19dealers at no cost.
AB150-ASA,1435,2521
134.74
(7) (b) Whoever intentionally violates this section may be fined not more
22than $10,000 or imprisoned for not more than 2 years or both. A person intentionally
23violates this section if the violation occurs after the department of
justice agriculture,
24trade and consumer protection or a district attorney has notified the person by
25certified mail that the person is in violation of this section.
AB150-ASA,1436,52
134.74
(8) Enforcement. (intro.) The department of
justice agriculture, trade
3and consumer protection shall investigate violations of this section. The department
4of
justice agriculture, trade and consumer protection or any district attorney may on
5behalf of the state:
AB150-ASA,1436,87
134.83
(5) (intro.) The department of
justice agriculture, trade and consumer
8protection or any district attorney may on behalf of the state:
AB150-ASA,1436,1210
134.83
(6) The department of
justice and the department of agriculture, trade
11and consumer protection shall
cooperate in the investigation of investigate violations
12of and
the enforcement of enforce this section.
AB150-ASA,1436,1814
134.85
(3) (a) The department of
justice agriculture, trade and consumer
15protection on behalf of the state or any person who claims injury as a result of a
16violation of sub. (2) may bring an action for temporary or permanent injunctive relief
17in any circuit court. It is no defense to an action under this paragraph that an
18adequate remedy exists at law.
AB150-ASA, s. 4148v
19Section 4148v. 136.03 (title) and (1) (intro.) of the statutes are amended to
20read:
AB150-ASA,1437,2
21136.03 (title)
Duties of the department of justice agriculture, trade and
22consumer protection. (1) (intro.) The department of
justice agriculture, trade and
23consumer protection shall investigate violations of this chapter and of rules and
24orders issued under s. 136.04. The department may subpoena persons and records
1to facilitate its investigations, and may enforce compliance with such subpoenas as
2provided in s. 885.12. The department may in behalf of the state:
AB150-ASA,1437,125
138.052
(5) (am) 2. a. On January 1, 1994, and annually thereafter, the
6commissioner division of banking for banks, the
commissioner division of savings
7and loan for savings and loan associations and savings banks
, and the
commissioner 8office of credit unions for credit unions shall determine the interest rate that is the
9average of the interest rates paid, rounded to the nearest one-hundredth of a
10percent, on regular passbook deposit accounts by institutions under the
11commissioner's division's or office's jurisdiction at the close of the last quarterly
12reporting period that ended at least 30 days before the determination is made.
AB150-ASA,1437,2015
138.052
(5) (am) 2. b.
Each commissioner The office of credit unions shall report
16the rate calculated to the
commissioner division of savings and loan within 5 days
17after the date on which the determination is made. The
commissioner division of
18savings and loan shall calculate the average, rounded to the nearest one-hundredth
19of a percent, of the 3 rates and report that interest rate to the revisor of statutes
20within 5 days after the date on which the determination is made.
AB150-ASA,1437,2322
138.055
(4) (a) The
commissioner
division of savings and loan, if the lender is
23a savings and loan association or savings bank;
