Amendment ASA1-AB40

AB40-ASA1,1078,12 125.30 (4) An out-of-state brewer that manufactures 300,000 barrels or less of fermented malt beverages in a calendar year from all locations and that holds an out-of-state shipper's permit may sell and ship fermented malt beverages directly to retail licensees if the out-of-state brewer registers with the department, files whatever periodic reports with the department as the department may require, and complies with the requirements in ss. 125.33 and 125.34, as applicable, to the same extent as if the out-of-state brewer were a wholesaler holding a permit under s. 125.28.

AB40-ASA1, s. 2604ge Section 2604ge. 125.31 of the statutes is repealed.

AB40-ASA1, s. 2604gfe Section 2604gfe. 125.32 (3) (c) of the statutes is amended to read:

AB40-ASA1,1078,19 125.32 (3) (c) Hotels and restaurants the principal business of which is the furnishing of food and lodging to patrons, bowling centers, movie theaters, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell fermented malt beverages during the hours specified in par. (a).

AB40-ASA1, s. 2604gfg Section 2604gfg. 125.32 (3m) (h) of the statutes is created to read:

AB40-ASA1,1078,21 125.32 (3m) (h) A movie theater.

AB40-ASA1, s. 2604gg Section 2604gg. 125.33 (1) (a) of the statutes is amended to read:

AB40-ASA1,1079,6 125.33 (1) (a) Except as provided in this section and ss. s. 125.295 and 125.31, no brewer, brewpub, or wholesaler may furnish, give, lend, lease, or sell any furniture, fixtures, fittings, equipment, money, or other thing of value to any campus or Class "B" licensee or permittee, or to any person for the use, benefit, or relief of any campus or Class "B" licensee or permittee, or guarantee the repayment of any loan or the fulfillment of any financial obligation of any campus or Class "B" licensee or permittee. Such actions may not be taken by the brewer, brewpub, or wholesaler directly or indirectly, or through a subsidiary or affiliate corporation or limited liability company, or by any officer, director, stockholder, partner, or member thereof.

AB40-ASA1, s. 2604gk Section 2604gk. 125.33 (7) (a) 1. a. of the statutes is amended to read:

AB40-ASA1,1079,10 125.33 (7) (a) 1. a. Receive, purchase, or acquire fermented malt beverages from any licensee, or wholesale permittee or from any brewpub acting under authority of s. 125.295 (1) (g), except for cash or credit for a period of not more than 15 days.

AB40-ASA1, s. 2604gm Section 2604gm. 125.33 (7) (a) 1. b. of the statutes is amended to read:

AB40-ASA1,1079,16 125.33 (7) (a) 1. b. Receive, purchase, or acquire fermented malt beverages from any licensee or wholesale permittee, or from any brewpub acting under authority of s. 125.295 (1) (g), if at the time of the receipt, purchase, or acquisition he or she is indebted to any licensee, wholesale permittee, or brewpub for fermented malt beverages received, purchased, acquired, or delivered more than 15 days earlier.

AB40-ASA1, s. 2604go Section 2604go. 125.33 (7) (c) of the statutes is amended to read:

AB40-ASA1,1079,25 125.33 (7) (c) Wholesalers and brewpubs holding retail licenses and permits Brewpubs. For purposes of this subsection, a person holding both a fermented malt beverage wholesale license and a fermented malt beverage retail license is deemed a fermented malt beverage retailer. For purposes of this subsection, a brewpub, when acting under authority of a retail license with respect to fermented malt beverages not manufactured by the brewpub, is deemed a fermented malt beverages retailer. This paragraph does not affect any provision of this subsection with respect to a brewpub acting under authority of s. 125.295 (1) (g).

AB40-ASA1, s. 2604gq Section 2604gq. 125.33 (9) of the statutes is amended to read:

AB40-ASA1,1080,8 125.33 (9) Campuses and retailers to purchase from wholesalers. Except as provided in s. ss. 125.29 (3m) (b) and (c), 125.295 (1) (g), and 125.30 (4), no campus or retail licensee or permittee may purchase or possess fermented malt beverages purchased from any person other than a wholesaler holding a license permit under this chapter for the sale of fermented malt beverages. Any person who violates this subsection may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB40-ASA1, s. 2604gs Section 2604gs. 125.33 (10) (a) 3. of the statutes is amended to read:

AB40-ASA1,1080,21 125.33 (10) (a) 3. "Successor wholesaler" means any wholesaler who enters into an agreement, whether oral or written, to obtain a supply of a brand of fermented malt beverages that is a discontinued brand, or otherwise acquires the right to act as a wholesaler for a discontinued brand, from a brewer, brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit after the brewer, brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit has terminated, cancelled, or failed to renew an agreement, whether oral or written, with a terminated wholesaler to supply that same brand of fermented malt beverages for purposes of selling the discontinued brand in a specifically defined territory, if the discontinued brand was sold by a terminated wholesaler in any portion of this same territory at a time immediately before the brand of fermented malt beverages became a discontinued brand.

AB40-ASA1, s. 2604gu Section 2604gu. 125.33 (11) of the statutes is amended to read:

AB40-ASA1,1081,4 125.33 (11) Source of fermented malt beverages. (a) Subject to s. 125.34 (3), no wholesaler who holds a retail license issued under this chapter authorized to make retail sales under s. 125.28 (1) (e) may sell a brand of fermented malt beverages to another a retail licensee unless the wholesaler has an agreement for general wholesale distribution of that brand of fermented malt beverages with the brewer, brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit supplying that brand.

AB40-ASA1,1081,12 (b) If a wholesaler who holds a retail license issued under this chapter violates par. (a), any other wholesaler aggrieved by such violation or the brewer or brewpub may bring an action against such wholesaler in any court of competent jurisdiction for damages sustained by the aggrieved wholesaler or the brewer or brewpub as a consequence of the violation, together with the actual costs of the action. Notwithstanding s. 814.04 (1), a wholesaler or the brewer or brewpub who prevails in an action under this paragraph may recover reasonable actual attorney fees incurred in the action.

AB40-ASA1, s. 2604hc Section 2604hc. 125.33 (12) of the statutes is amended to read:

AB40-ASA1,1082,4 125.33 (12) Providing taste samples on Class "A" premises. Notwithstanding s. 125.34 (6) (a), with the consent of the Class "A" licensee, a brewer may provide, free of charge, on Class "A" premises, taste samples of fermented malt beverages to any person who has attained the legal drinking age for consumption on the premises during hours in which the Class "A" licensee is authorized under s. 125.25 (1) to provide taste samples or, if more restrictive, only during hours established by ordinance by a municipality under s. 125.32 (3) (d). The provision of taste samples under this subsection shall be subject to the same limitations that apply to taste samples provided by a Class "A" licensee under s. 125.25 (1). No brewer may provide as taste samples under this subsection any fermented malt beverages that the brewer did not purchase from the Class "A" licensee on whose premises the taste samples are provided. A brewer may provide taste samples under this subsection through an individual representing the brewer who is hired by the brewer and who is not employed by or an agent of a wholesaler other than, if the brewer holds a wholesale license, the brewer. All provisions of this subsection that apply to a brewer apply equally to any individual representing a brewer.

AB40-ASA1, s. 2604he Section 2604he. 125.33 (13) of the statutes is created to read:

AB40-ASA1,1082,14 125.33 (13) Wholesalers' source of supply. No wholesaler may purchase fermented malt beverages for resale unless the wholesaler purchases them either from the primary source of supply for the brand of fermented malt beverages sought to be sold or from a wholesaler within this state that holds a permit issued under s. 125.28. No wholesaler may sell fermented malt beverages purchased by the wholesaler to any other licensee or permittee under this chapter if the fermented malt beverages have not been purchased by the wholesaler from the primary source of supply or from a wholesaler within the state holding a permit issued under s. 125.28.

AB40-ASA1, s. 2604hg Section 2604hg. 125.34 (1) (g) of the statutes is amended to read:

AB40-ASA1,1082,18 125.34 (1) (g) "Wholesaler" means a licensee permittee under s. 125.28 and includes a brewer or out-of-state shipper that holds a wholesaler's license under s. 125.28.

AB40-ASA1, s. 2604hk Section 2604hk. 125.34 (2) (a) of the statutes is renumbered 125.34 (2) and amended to read:

AB40-ASA1,1083,8 125.34 (2) Except as provided in sub. (6) (b) and s. ss. 125.29 (3m) (b) and (c), 125.295 (1) (e) and (g), and 125.30 (4), no fermented malt beverages may be sold, transported, or delivered to a retailer unless, prior to such sale, transport, or delivery, the fermented malt beverages are first unloaded at, physically at rest at, and only then distributed from a wholesaler's warehouse premises covered by both a wholesaler's license permit issued under s. 125.28 and an alcohol beverage warehouse permit issued under s. 125.19, which premises shall be in this state and shall be a physically separate location from any retail premises or brewery premises. This paragraph does not apply to a wholesaler issued a wholesaler's license permit under s. 125.28 (1) (b) with respect to fermented malt beverages transported and delivered from a warehouse in an adjoining state unless the wholesaler's warehouse in the adjoining state is located on premises in the adjoining state used for the manufacture of fermented malt beverages.

AB40-ASA1, s. 2604hm Section 2604hm. 125.34 (2) (bg), (bm) and (c) of the statutes are repealed.

AB40-ASA1, s. 2604ho Section 2604ho. 125.34 (3) (a) 1. of the statutes is amended to read:

AB40-ASA1,1083,17 125.34 (3) (a) 1. Subject to subd. 3., a A wholesaler may not sell, transport, or deliver any brand of fermented malt beverages unless the wholesaler has entered into a written agreement with the brewer, brewpub, or out-of-state shipper supplying the brand that grants to the wholesaler distribution rights for the brand and identifies the designated sales territory for which such distribution rights are granted, including the precise geographical area comprising the designated sales territory.

AB40-ASA1, s. 2604hq Section 2604hq. 125.34 (3) (a) 3. of the statutes is repealed.

AB40-ASA1, s. 2604hs Section 2604hs. 125.34 (4) (a) of the statutes is amended to read:

AB40-ASA1,1084,6 125.34 (4) (a) Any retailer located outside the wholesaler's designated sales territory for the brand. This paragraph does not apply if another wholesaler that has been granted distribution rights for the brand in the designated sales territory where the sale, transportation, or delivery occurs is unable to service this designated sales territory and the brewer, brewpub, or out-of-state shipper granting distribution rights has, notwithstanding sub. (3) (a), given consent for the sale, transportation, or delivery, which consent shall be limited to the time period that another wholesaler is unable to service this designated sales territory. This paragraph does not apply if the wholesaler is also a brewer and another wholesaler to whom this brewer has granted distribution rights for the brand in the designated sales territory where the sale, transportation, or delivery occurs has, notwithstanding sub. (3) (a), given consent for the sale, transportation, or delivery or refused to service this territory.

AB40-ASA1, s. 2604jc Section 2604jc. 125.34 (5) of the statutes is amended to read:

AB40-ASA1,1084,14 125.34 (5) Except as provided in sub. (6) (b) and s. ss. 125.29 (3m) (b) and (c), 125.295 (1) (e) and (g), and 125.30 (4), deliveries of fermented malt beverages to retailers may be made only by wholesalers and shall be made to retailers only at their retail premises. No retailer may transport fermented malt beverages from one retail premises to another retail premises for purposes of selling the fermented malt beverages at the other retail premises unless both retail premises are operated by a brewer or brewpub holding the retail licenses.

AB40-ASA1, s. 2604je Section 2604je. 125.34 (6) (a) of the statutes is renumbered 125.34 (6) and amended to read:

AB40-ASA1,1084,21 125.34 (6) Except as provided in pars. (b) and (c) and ss. 125.06 (1) and 125.31 (1) and (3) ss. 125.29 (3), (3m) (b) and (c) and 125.30 (4), a brewer or out-of-state shipper may sell, transport, and deliver fermented malt beverages only to a wholesaler, which may be the brewer or out-of-state shipper itself if, in its activities as a wholesaler, it complies with the requirements under subs. (2) to (5).

AB40-ASA1, s. 2604jg Section 2604jg. 125.34 (6) (b) of the statutes is repealed.

AB40-ASA1, s. 2604ji Section 2604ji. 125.34 (6) (c) of the statutes is repealed.

AB40-ASA1, s. 2604k Section 2604k. 125.68 (4) (c) 4. of the statutes is amended to read:

AB40-ASA1,1085,6 125.68 (4) (c) 4. Hotels and restaurants the principal business of which is the furnishing of food, drinks or lodging to patrons, bowling centers, movie theaters, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell intoxicating liquor during the closing hours under subd. 1. or, with respect to the sale of intoxicating liquor authorized under s. 125.51 (3r) (a), under subd. 3.

AB40-ASA1, s. 2605 Section 2605. 132.001 (1m) of the statutes is created to read:

AB40-ASA1,1085,8 132.001 (1m) "Department" means the department of financial institutions.

AB40-ASA1, s. 2606 Section 2606. 132.01 (1) of the statutes is amended to read:

AB40-ASA1,1086,8 132.01 (1) Any person, firm, partnership, corporation, association, or union of workingmen, which has heretofore adopted or used or shall hereafter adopt or use any mark for the purpose of designating, making known, or distinguishing any goods, wares, merchandise, service, business, or other product of labor or manufacture as having been made, manufactured, produced, prepared, packed, or put on sale by such person, firm, partnership, corporation, association, or union of workingmen, or by a member or members thereof, he, she, or they, if residents of this or any other state of the United States, and such foreign corporations as may have been duly licensed to transact business in the state of Wisconsin, may file an original, a copy, or photographs, or cuts with specifications of the same for record in the office of the secretary of state with the department, by leaving 2 such originals, copies, photographs, or cuts with specifications, the same being counterparts, facsimiles, or drawings thereof, with said secretary the department and by filing therewith a sworn statement, in such form as may be prescribed by the secretary of state department, specifying the name of the person, firm, partnership, corporation, association, or union of workingmen, on whose behalf such mark is to be filed, the class of merchandise and a separate description of the goods to which the same has been or is intended to be appropriated, the residence, location, or place of business of such party, that the party, on whose behalf such mark is to be filed, has the right to the use of the same, and that no other person, or persons, firm, partnership, corporation, association, or union of workingmen has such right either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the originals, copies, photographs, or cuts, counterparts, facsimiles, or drawings filed therewith are correct.

AB40-ASA1, s. 2607 Section 2607. 132.01 (3) of the statutes is amended to read:

AB40-ASA1,1086,11 132.01 (3) For an original or renewal registration, or the recording of an assignment, there shall be paid to the secretary of state department the fee of $15.

AB40-ASA1, s. 2608 Section 2608. 132.01 (5) of the statutes is amended to read:

AB40-ASA1,1086,15 132.01 (5) The secretary of state department may not register any mark which consists of or comprises a replica or simulation of the flag, coat of arms, or insignia of the United States of America, or of any state or municipality or any foreign nation.

AB40-ASA1, s. 2609 Section 2609. 132.01 (6) of the statutes is amended to read:

AB40-ASA1,1086,22 132.01 (6) (a) A registration recorded or renewed under this section or s. 132.04 or 132.11 before May 1, 1990, is effective for 20 years. A registration may be renewed on or after May 1, 1990, for 10-year periods upon application to the secretary of state department and payment of the same fee required for a registration. Application for renewal shall be made within 6 months before the expiration of the 20-year registration period or 10-year renewal period specified in this paragraph.

AB40-ASA1,1087,2 (b) A registration recorded under this section or s. 132.04 or 132.11 on or after May 1, 1990, is effective for 10 years. A registration may be renewed for 10-year periods upon application to the secretary of state department and payment of the same fee required for a registration. Application for renewal shall be made within 6 months before the expiration of the 10-year period specified in this paragraph.

AB40-ASA1, s. 2610 Section 2610. 132.01 (7) (intro.) of the statutes is amended to read:

AB40-ASA1,1087,5 132.01 (7) (intro.) The secretary of state department shall do all of the following:

AB40-ASA1, s. 2611 Section 2611. 132.01 (7) (b) of the statutes is amended to read:

AB40-ASA1,1087,9 132.01 (7) (b) Cancel from his or her register a registration of a mark under this section upon the request of the registrant of the mark. The secretary of state department may not charge a fee for canceling a registration under this paragraph.

AB40-ASA1, s. 2612 Section 2612. 132.01 (8) of the statutes is amended to read:

AB40-ASA1,1087,20 132.01 (8) Any person, firm, partnership, corporation, association or union who claims a right to the use of subject matter conflicting with any registration by another may bring action against such other in the circuit court for the county in which such other resides, or in the circuit court for Dane County, and in any such action the right to the use and registration of such subject matter shall be determined as between the parties, and registration shall be granted or withheld or canceled by the secretary of state department in accordance with the final judgment in any such action. Nonuser for a period of at least 2 years continuing to the date of commencement of any action in which abandonment is in issue shall be prima facie evidence of abandonment to the extent of such nonuser.

AB40-ASA1, s. 2613 Section 2613. 132.01 (9) of the statutes is amended to read:

AB40-ASA1,1088,5 132.01 (9) Title to any registration hereunder shall pass to any person, firm or corporation succeeding to the registrant's business to which such registration pertains. Written assignments of any such registration from a registrant to such a successor may be filed with and shall be recorded by the secretary of state department upon payment of the fee specified in sub. (3). When such assignment is recorded, a new registration shall be entered in the name of the assignee, and on such registration and any subsequent certificates or registration of an assigned registration the secretary of state department shall show the previous ownership and dates of assignment thereof.

AB40-ASA1, s. 2614 Section 2614. 132.031 of the statutes is amended to read:

AB40-ASA1,1088,14 132.031 Certificate; evidence. The secretary of state department shall deliver to the person, corporation, association or union so filing or causing to be filed any such mark, or any assignment of such subject matter previously registered, or to any person, corporation, association or union renewing a registration, as many duly attested certificates of the registration or renewal of the same as may be desired. Any such certificate shall, in all suits and prosecutions arising out of or depending upon any rights claimed under such mark, be prima facie evidence of the adoption thereof and of the facts prerequisite to registrations thereof as required by s. 132.01.

AB40-ASA1, s. 2615 Section 2615. 132.04 (1) of the statutes is amended to read:

AB40-ASA1,1089,4 132.04 (1) Any person who is the owner of cans, tubs, firkins, boxes, bottles, casks, barrels, kegs, cartons, tanks, fountains, vessels or containers with his or her names, brands, designs, trademarks, devices or other marks of ownership stamped, impressed, labeled, blown in or otherwise marked thereon, may file with the secretary of state department and record with the register of deeds of any county in which the person has his or her principal place of business, a written statement or description verified by affidavit of the owner or his or her agent, of the names, brands, designs, trademarks, devices or other marks of ownership used by him or her, and of the articles upon which they are used, or if the principal place of business is outside the state, then a written statement or verified description may be recorded with the register of deeds of any county. The statement shall be published as a class 3 notice, under ch. 985, in the county, and a copy of the publication, proved as provided in s. 985.12, shall also be filed with the secretary of state department and recorded with the register of deeds.

AB40-ASA1, s. 2616 Section 2616. 132.04 (2) of the statutes is amended to read:

AB40-ASA1,1089,16 132.04 (2) All such written statements or descriptions and all such certificates of publication so filed or recorded shall be subject at all reasonable hours to public inspection. The secretary of state department and the register of deeds shall deliver to all applicants certified copies of all such written statements or descriptions or names, brands, designs, trademarks, devices, or other marks of ownership and of all certificates of publication filed or recorded with them and such certified copies shall be admissible in evidence in all prosecutions under ss. 132.04 to 132.08, and shall be prima facie evidence that this section has been complied with, and of the title of the owner named therein to the property upon which the name, brand, design, trademark, device, or other marks of ownership of the owner appear as described therein.

AB40-ASA1, s. 2617 Section 2617. 132.04 (3) of the statutes is amended to read:

AB40-ASA1,1089,22 132.04 (3) The secretary of state department shall receive a fee of $15 and the register of deeds shall receive the fee specified in s. 59.43 (2) (ag) or (e) for each statement and certificate of publication filed or recorded and shall also receive the fee specified in s. 59.43 (2) (b) for each certified copy of such statement and certificate of publication, to be paid for by the person filing, recording or applying for the same.

AB40-ASA1, s. 2618 Section 2618. 132.04 (4) of the statutes is amended to read:

AB40-ASA1,1090,2 132.04 (4) (a) The secretary of state department and register of deeds shall cancel a statement or description under this section upon the request of the person named in the records of the secretary of state department or register of deeds as the owner of marks of ownership described in the statement or description.

AB40-ASA1,1090,4 (b) The secretary of state department and register of deeds may not charge a fee for canceling a statement or description under par. (a).

AB40-ASA1, s. 2619 Section 2619. 132.11 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,1090,7 132.11 (1) (intro.) The secretary of state department shall do all of the following:

AB40-ASA1, s. 2620 Section 2620. 132.11 (1) (c) of the statutes is amended to read:

AB40-ASA1,1090,13 132.11 (1) (c) Cancel the description of a name, brand or trademark recorded under par. (a) upon the request of the person, firm or corporation named in the records of the secretary of state department as the owner of the name, brand or trademark. The secretary of state department may not charge a fee for canceling a description under this paragraph.

AB40-ASA1, s. 2621 Section 2621. 132.16 (1m) of the statutes is amended to read:

AB40-ASA1,1090,18 132.16 (1m) Any organization may register, in the office of the secretary of state, with the department a facsimile, duplicate, or description of any of the organization's identifying information and may, by reregistration, alter or cancel the organization's identifying information.

AB40-ASA1, s. 2622 Section 2622. 132.16 (2) of the statutes is amended to read:

AB40-ASA1,1090,24 132.16 (2) Application for registration or reregistration under sub. (1m) shall be made by the organization's chief officer or officers upon forms provided by the secretary of state department. The registration shall be for the use, benefit, and on behalf of the organization and the organization's current and future individual members throughout this state.

AB40-ASA1, s. 2623 Section 2623. 132.16 (3) of the statutes is amended to read:

AB40-ASA1,1091,3 132.16 (3) The secretary of state department shall keep a properly indexed file of all registrations under this section, which shall also show any alterations or cancelations by reregistration.

AB40-ASA1, s. 2624 Section 2624. 132.16 (5) of the statutes is amended to read:

AB40-ASA1,1091,7 132.16 (5) Upon granting registration under this section, the secretary of state department shall issue his or her a certificate to the petitioners, setting forth the fact of the registration.

AB40-ASA1, s. 2625 Section 2625. 132.16 (6) of the statutes is amended to read:

AB40-ASA1,1091,14 132.16 (6) The fees of the secretary of state department for registration or reregistration under this section, searches made by the secretary of state department, and certificates issued by the secretary of state department under this section, shall be the same as provided by law for similar services. The fees collected under this section shall be paid by the secretary of state department into the state treasury.

AB40-ASA1, s. 2626 Section 2626. 137.01 (1) (a) of the statutes is amended to read:

AB40-ASA1,1091,19 137.01 (1) (a) The governor shall appoint notaries public who shall be United States residents and at least 18 years of age. Applicants who are not attorneys shall file an application with the secretary of state department of financial institutions and pay a $20 fee.