Amendment ASA1-AB100

AB100-ASA1, s. 2903g Section 2903g. 121.91 (6) of the statutes is created to read:

AB100-ASA1,1332,2 121.91 (6) In determining a school district's limit under sub. (2m) (c) for the 1997-98 school year, if the average of the number of pupils enrolled in the current and the 2 preceding school years, as calculated under sub. (2m) (c) 4., is more than 2% less than the average of the number of pupils enrolled in the 3 previous school years, as calculated under sub. (2m) (c) 1., the school district's limit shall be calculated as if the decrease had been 2%.

AB100-ASA1, s. 2903m Section 2903m. 121.92 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1332,5 121.92 (2) (intro.) The department state superintendent shall do all of the following:

AB100-ASA1, s. 2903r Section 2903r. 125.02 (14) of the statutes is amended to read:

AB100-ASA1,1332,9 125.02 (14) "Person" means a natural person, sole proprietorship, partnership, limited liability company, corporation or association or the owner of a single-owner entity that is disregarded as a separate entity under ch. 71.

AB100-ASA1, s. 2903t Section 2903t. 125.04 (5) (a) 1. of the statutes is amended to read:

AB100-ASA1,1332,12 125.04 (5) (a) 1. Do not have an arrest or conviction record, subject to ss. 111.321, 111.322 and, 111.335 and 125.12 (1) (b).

AB100-ASA1, s. 2190 Section 2190. 125.04 (5) (a) 5. of the statutes is amended to read:

AB100-ASA1,1332,22 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the department of education educational approval board. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class "A", "Class A" or "Class C" license or a Class "B" or "Class B" license or permit or a manager's or operator's license.

AB100-ASA1, s. 2904m Section 2904m. 125.04 (12) (a) of the statutes is amended to read:

AB100-ASA1,1333,8 125.04 (12) (a) From place to place. Every alcohol beverage license or permit may be transferred to another place or premises within the same municipality. An alcohol beverage warehouse permit under s. 125.19, a winery permit under s. 125.53 or an intoxicating liquor wholesaler's permit under s. 125.54 may be transferred to another premises within this state. Transfers shall be made by the issuing authority upon payment of a fee of $10. No retail licensee, retail permittee, intoxicating liquor wholesaler or holder of a warehouse or winery permit is entitled to more than one transfer during the license or permit year. This paragraph does not apply to a license issued under s. 125.51 (4) (v) or to a reserve "Class B" license, as defined in s. 125.51 (4) (a).

AB100-ASA1, s. 2906gg Section 2906gg. 125.10 (1) of the statutes is amended to read:

AB100-ASA1,1333,21 125.10 (1) Authorization. Any A municipality may enact regulations incorporating any part of this chapter and may prescribe additional regulations for the sale of a regulation relating to alcohol beverages not in conflict with only if the regulation strictly conforms to this chapter. The municipality may prescribe forfeitures or license suspension or revocation for violations of any such regulations. Regulations providing forfeitures or license suspension or revocation must be adopted by ordinance No regulation relating to alcohol beverages that is enacted on or before the effective date of this subsection .... [revisor inserts date], is valid unless the regulation strictly conforms to this chapter. Nothing in this subsection prohibits a municipality from continuing to enforce a regulation that is in effect on the effective date of this subsection .... [revisor inserts date], and that relates to alcohol beverages, if the regulation strictly conforms to this chapter.

AB100-ASA1, s. 2906gm Section 2906gm. 125.12 (1) of the statutes is renumbered 125.12 (1) (a) and amended to read:

AB100-ASA1,1334,3 125.12 (1) (a) Any Except as provided in par. (b), any municipality or the department may revoke, suspend or refuse to renew any license or permit under this chapter, as provided in this section.

AB100-ASA1, s. 2906gr Section 2906gr. 125.12 (1) (b) of the statutes is created to read:

AB100-ASA1,1334,6 125.12 (1) (b) 1. In this paragraph, "violation" means a violation of s. 125.07 (1) (a), or a local ordinance that strictly conforms to s. 125.07 (1) (a).

AB100-ASA1,1334,11 2. No violation may be considered under this section or s.125.04 (5) (a) 1. unless the licensee or permittee has committed another violation within one year preceding the violation. If a licensee or permittee has committed 2 or more violations within one year, all violations committed within one year of a previous violation may be considered under this section or s. 125.04 (5) (a) 1.

AB100-ASA1, s. 2906mg Section 2906mg. 125.12 (2) (ag) 2. and 3. of the statutes are repealed.

AB100-ASA1, s. 2906mm Section 2906mm. 125.12 (2) (b) 2. of the statutes is amended to read:

AB100-ASA1,1334,21 125.12 (2) (b) 2. If the licensee appears as required by the summons and denies the complaint, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel. The licensee shall be provided a written transcript of the hearing at his or her expense. If the hearing is held before the municipal governing body and the complaint is found to be true, the license shall either be suspended for not less than 10 days nor more than 90 days or revoked, except that, if a complaint under par. (ag) 4. is found to be true with respect to a license issued under s. 125.51 (4) (v), the license shall be revoked.

AB100-ASA1, s. 2906mr Section 2906mr. 125.12 (4) (ag) 2. and 3. of the statutes are repealed.

AB100-ASA1, s. 2906mt Section 2906mt. 125.12 (4) (b) of the statutes is amended to read:

AB100-ASA1,1335,13 125.12 (4) (b) Procedure on hearing. If the licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true and if the court finds the allegations sufficient, it shall order the license either suspended for not more than 90 days or revoked, except that, for allegations under par. (ag) 6. with respect to a license issued under s. 125.51 (4) (v), it shall order the license revoked. The clerk of the court shall give notice of the suspension or revocation to the person whose license is suspended or revoked. If the licensee appears and answers the complaint, the court shall fix a date for the hearing not more than 30 days after the return date of the summons. The hearing shall be had before the court without a jury. If upon the hearing the court finds the allegations of the complaint to be true, it shall order the license either suspended for not more than 90 days or revoked , except that, if upon the hearing the court finds allegations under par. (ag) 6. to be true with respect to a license issued under s. 125.51 (4) (v), the court shall order that license revoked. If the court finds the allegations of the complaint to be untrue, the complaint shall be dismissed.

AB100-ASA1, s. 2906mv Section 2906mv. 125.12 (5) of the statutes is amended to read:

AB100-ASA1,1335,22 125.12 (5) Revocations or suspensions of, or refusals to renew, permits by the department. The department may, after notice and an opportunity for hearing, revoke, suspend or refuse to renew any retail permit issued by it for the causes provided in sub. (4) and any other permit issued by it under this chapter for any violation of this chapter or ch. 139, except that, for a violation of sub. (4) (ag) 6. with respect to a license issued under s. 125.51 (4) (v), the department shall revoke the license. A revocation, suspension or refusal to renew is a contested case under ch. 227.

AB100-ASA1, s. 2191 Section 2191. 125.17 (6) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1336,5 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body may issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the department of education educational approval board, or unless the applicant fulfills one of the following requirements:

AB100-ASA1, s. 2907dd Section 2907dd. 125.51 (3) (e) of the statutes is renumbered 125.51 (3) (e) 1. and amended to read:

AB100-ASA1,1336,13 125.51 (3) (e) 1. The Except as provided in subds. 2. and 3., the annual fee for a "Class B" license shall be determined established by the municipal governing body and shall be the same for all "Class B" licenses, except that the minimum fee shall be $50 and the maximum fee shall be $500. The minimum fee shall does not apply to licenses issued to bona fide clubs and lodges situated and incorporated in the state for at least 6 years.

AB100-ASA1, s. 2907dh Section 2907dh. 125.51 (3) (e) 2. and 3. of the statutes are created to read:

AB100-ASA1,1336,22 125.51 (3) (e) 2. Each municipal governing body shall establish the fee, in an amount not less than $10,000, for an initial issuance of a reserve "Class B" license, as defined in sub. (4) (a) 4., except that the fee for an initial issuance of a reserve "Class B" license to a bona fide club or lodge situated and incorporated in the state for at least 6 years is the fee established under subd. 1. for such a club or lodge. The fee under this subdivision is in addition to any other fee required under this chapter. The annual fee for renewal of a reserve "Class B" license, as defined in sub. (4) (a) 1., is the fee established under subd. 1.

AB100-ASA1,1336,25 3. Each municipal governing body shall establish the annual fee for a "Class B" license issued under sub. (4) (v). The initial annual fee may be different from the annual fee to renew the license.

AB100-ASA1, s. 2907dp Section 2907dp. 125.51 (4) (a) 2. of the statutes is repealed.

AB100-ASA1, s. 2907dt Section 2907dt. 125.51 (4) (a) 4. of the statutes is created to read:

AB100-ASA1,1337,4 125.51 (4) (a) 4. "Reserve "Class B" license" means a license that is not issued by a municipality on July 1, 1997, and that is counted under par. (br).

AB100-ASA1, s. 2907hd Section 2907hd. 125.51 (4) (am) of the statutes is created to read:

AB100-ASA1,1337,7 125.51 (4) (am) No municipality may issue a license that would cause the municipality to exceed its quota.

AB100-ASA1, s. 2907hh Section 2907hh. 125.51 (4) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1337,10 125.51 (4) (b) (intro.) Except as provided in pars. (c) and (d), the The quota of each municipality is the sum of the following:

AB100-ASA1,1337,13 1g. The number of licenses issued in good faith by the municipality under s. 176.05 (21) (h), 1975 stats., plus whichever of the following is the largest: and in force on July 1, 1997.

AB100-ASA1, s. 2907hp Section 2907hp. 125.51 (4) (b) 1., 2., 3., 4. and 5. and (c) to (u) of the statutes are repealed.

AB100-ASA1, s. 2907ht Section 2907ht. 125.51 (4) (b) 1m. of the statutes is created to read:

AB100-ASA1,1337,18 125.51 (4) (b) 1m. The number of the municipality's reserve "Class B" licenses determined under par. (bm) 3.

AB100-ASA1, s. 2907pd Section 2907pd. 125.51 (4) (bm) of the statutes is created to read:

AB100-ASA1,1337,21 125.51 (4) (bm) The clerk of each municipality shall record the number of licenses:

AB100-ASA1,1337,23 1. Authorized to be issued by the municipality on July 1, 1997, under s. 125.51 (4), 1995 stats.;

AB100-ASA1,1337,24 2. Described in par. (b) 1g.; and

AB100-ASA1,1337,25 3. That are reserve "Class B" licenses.

AB100-ASA1, s. 2907ph Section 2907ph. 125.51 (4) (br) of the statutes is created to read:

AB100-ASA1,1338,5 125.51 (4) (br) The number of reserve "Class B" licenses authorized to be issued by a municipality is 50% of the difference between the number of licenses determined under par. (bm) 1. and under par. (b) 1g., except that if the number so determined is not a whole number the number shall be rounded down to the nearest whole number.

AB100-ASA1, s. 2907pp Section 2907pp. 125.51 (4) (v) of the statutes is created to read:

AB100-ASA1,1338,9 125.51 (4) (v) Notwithstanding par. (am), if a municipality has issued a number of licenses equal to or exceeding its quota, the municipal governing body may issue a license for any of the following:

AB100-ASA1,1338,10 1. A full-service restaurant that has a seating capacity of 300 or more persons.

AB100-ASA1,1338,13 2. A hotel that has 100 or more rooms of sleeping accommodations and that has either an attached restaurant with a seating capacity of 150 or more persons or a banquet room in which banquets attended by 400 or more persons may be held.

AB100-ASA1, s. 2192 Section 2192. 134.72 (1) (a) of the statutes is amended to read:

AB100-ASA1,1338,18 134.72 (1) (a) "Facsimile machine" means a machine that transmits copies of documents by means of a telephone line, telegraph line, microwave, satellite, cellular radio wave, fiber optics, coaxial cable or any other transmission facility or any switching device.

AB100-ASA1, s. 2915g Section 2915g. 137.01 (1) (a) of the statutes is amended to read:

AB100-ASA1,1338,22 137.01 (1) (a) The governor shall appoint notaries public who shall be Wisconsin residents and at least 18 years of age. Applicants who are not attorneys shall file an application with the secretary of state and pay a $15 $20 fee.

AB100-ASA1, s. 2915r Section 2915r. 137.01 (2) (a) of the statutes is amended to read:

AB100-ASA1,1339,4 137.01 (2) (a) Any Wisconsin resident who is licensed to practice law in this state is entitled to a permanent commission as a notary public upon application to the secretary of state and payment of a $15 $50 fee. The application shall include a certificate of good standing from the supreme court, the signature and post-office address of the applicant and an impression of the applicant's official seal, or imprint of the applicant's official rubber stamp.

AB100-ASA1, s. 2193 Section 2193. 139.01 (2g) of the statutes is created to read:

AB100-ASA1,1339,6 139.01 (2g) "Department" means the department of revenue.

AB100-ASA1, s. 2194 Section 2194. 139.01 (2r) of the statutes is created to read:

AB100-ASA1,1339,11 139.01 (2r) "File" means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

AB100-ASA1, s. 2195 Section 2195. 139.01 (5m) of the statutes is created to read:

AB100-ASA1,1339,15 139.01 (5m) "Pay" means mail or deliver funds to the department or, if the department prescribes another method of payment or another destination, use that other method or submit to that other destination.

AB100-ASA1, s. 2196 Section 2196. 139.01 (9m) of the statutes is created to read:

AB100-ASA1,1339,18 139.01 (9m) "Sign" means write one's signature or, if the department prescribes another method of authenticating, use that other method.

AB100-ASA1, s. 2197 Section 2197. 139.03 (2x) (a) of the statutes is amended to read:

AB100-ASA1,1340,3 139.03 (2x) (a) Floor tax imposed. On the date tax rate changes become effective under this section a floor tax is imposed upon every manufacturer, rectifier, wholesaler and retailer who is in possession of any intoxicating liquor held for resale on which the intoxicating liquor tax already has been imposed. The person shall determine the volume of that intoxicating liquor and shall file with the department of revenue a return by the 15th day of the month following the month in which the new tax rate becomes effective a return, together with and shall pay any tax due on it, as determined under par. (b). The department of revenue shall provide the returns required under this subsection.

AB100-ASA1, s. 2198 Section 2198. 139.05 (1) of the statutes is amended to read:

AB100-ASA1,1340,7 139.05 (1) The tax imposed in s. 139.02 shall be paid to the department on or before the fifteenth 15th day of the month following the month in which such malt beverages are first sold in this state or shipped into this state.

AB100-ASA1, s. 2199 Section 2199. 139.05 (2a) of the statutes is amended to read:

AB100-ASA1,1340,19 139.05 (2a) For the purposes of subs. (1) and (2), the The payments and returns therein referred to shall be considered under subs. (1) and (2) that are mailed are furnished, filed or made on time, and payments therein referred to shall be considered are timely made, if mailed in a properly addressed envelope, with first class postage duly prepaid, which envelope is officially postmarked before midnight on the date prescribed for such furnishing, filing or making of such payment, provided such statement, return or payment is actually received by the secretary of revenue or at the destination that the department prescribes within 5 days of the prescribed date. Payments and returns that are not mailed are timely if they are received on or before the due date by the department or at the destination that the department prescribes.

AB100-ASA1, s. 2200 Section 2200. 139.05 (4) of the statutes is amended to read:

AB100-ASA1,1341,6 139.05 (4) In order to ensure the payment of the tax under s. 139.02 together with all interest and penalties thereon, all persons required to make returns and payment of such tax shall first either deposit with the secretary security in the amount, and of a type, determined by the secretary or enter into a surety bond with corporate surety, both bond and surety to be approved by the secretary. The secretary shall require a bond in total amount equal to twice the taxpayer's estimated maximum monthly tax, ascertained in such manner as the secretary deems proper, and the secretary may increase or reduce the amount of the bond, except that the amount of such bond required of any one taxpayer shall not be less than $1,000 nor more than $100,000. These bonds shall be filed with the secretary. The state shall not pay interest on security placed with the secretary.

AB100-ASA1, s. 2201 Section 2201. 139.05 (7) (b) of the statutes is amended to read:

AB100-ASA1,1341,18 139.05 (7) (b) Such license shall be issued by the secretary to persons who hold a valid certificate issued under s. 73.03 (50). The application for such license shall be verified and shall contain an agreement on the part of the brewer that the brewer shall observe all laws of this state relating to fermented malt beverages, and such other information and statements as the secretary may require. Any such brewer who has, directly or indirectly, violated any law of this state relating to fermented malt beverages shall not be entitled to such a license. The secretary may require the applicant to furnish and file a bond to be approved by the secretary payable to the state in an amount not less than $1,000 nor more than $5,000 conditioned upon the faithful compliance by the applicant with the undertakings set forth in the application for the license.

AB100-ASA1, s. 2202 Section 2202. 139.06 (1) (c) of the statutes is amended to read:

AB100-ASA1,1341,22 139.06 (1) (c) Each person subject to the tax under s. 139.03 shall file an information report prescribed by the secretary on the dates prescribed by the secretary.

AB100-ASA1, s. 2203 Section 2203. 139.06 (2) (a) and (b) of the statutes are amended to read:

AB100-ASA1,1342,6 139.06 (2) (a) The taxes on wine containing not in excess of 21% of alcohol by volume shall be paid to and a monthly return filed with the department on or before the 15th of the month following the month in which tax liability is incurred. Tax liability is incurred by the shipper when wine is shipped into the state. In the case of wine produced or bottled within the state and wine imported directly from a foreign country into the state by a Wisconsin permittee or winery licensee, tax liability is incurred by the permittee or winery licensee at the time of first sale within the state.

AB100-ASA1,1342,13 (b) All persons required to file a return and pay intoxicating liquor taxes shall first provide security in the amount, at the time and of the type required by the department of revenue or enter into a surety bond with a corporate surety to secure payment of the tax with bond and surety to be approved by the department. Such bond shall be twice the department's estimate of the taxpayer's maximum monthly tax liability but shall not be less than $1,000 nor more than $100,000. The bonds shall be filed with the department.

AB100-ASA1, s. 2204 Section 2204. 139.06 (3) of the statutes is amended to read:

AB100-ASA1,1342,21 139.06 (3) In shipping intoxicating liquor in bulk for the purpose of bottling or rectifying to a rectifier located within the state, the manufacturer shall securely affix thereto a label or statement, in such form as is prescribed by the secretary, reciting that the shipment is made for the purpose of bottling or rectifying. Each manufacturer making such shipments shall file an information report with the secretary as the secretary prescribes, showing that shows the dates and quantities of shipments and the name and address of each consignee.

AB100-ASA1, s. 2205 Section 2205. 139.096 of the statutes is amended to read:

AB100-ASA1,1343,8 139.096 Failure to file. If any taxpayer required to file any return fails to do so within the time prescribed, the taxpayer shall, on the written demand of the department, file the return within 20 days after the mailing of it the demand and at the same time pay the tax due on its basis. If the taxpayer fails within that time to file the return, the department shall prepare the return from its own knowledge and from the information that it obtains and on that basis shall assess a tax, which shall be paid within 10 days after the department has mailed to the taxpayer a written notice of the amount and a demand for its payment. In any action or proceeding in respect to the assessment, the taxpayer shall have the burden of establishing the incorrectness or invalidity of any return or assessment made by the department because of the failure of the taxpayer to make file a return.