AB492: Bill Text

AB492,16,23 (b) If an applicant under par. (a) has no current operations, the applicant may certify that the applicant has applied for or will apply for a “Class B" license or license under s. 97.30 for a restaurant or will comply with any other requirement under par. (a), prior to or upon commencing operations authorized under this section. If a “Class B" license or license under s. 97.30 for a restaurant is not subsequently issued to the applicant, or if the applicant otherwise fails to comply with any requirement for eligibility under par. (a), the department may revoke under s. 125.12 (5) the permit issued under this section.

AB492,17,4 (c) If an applicant under par. (a) holds any license or permit prohibited under par. (a) 5. at the time of its application, the applicant may certify that the applicant will surrender any such license or permit upon issuance of a permit under this section. If the department issues a permit under this section and the applicant fails to surrender any license or permit prohibited under par. (a) 5., the department may revoke under s. 125.12 (5) the permit issued under this section.

AB492,17,8 (4) Multiple permits; retail licenses. (a) No distillpub group may hold more than 6 distillpub permits issued under this section. If a distillpub group holds more than one permit issued under this section, the distillpub group is not required to manufacture or rectify distilled spirits on each premises for which a permit is issued.

AB492,17,9 (b) A distillpub may hold only the following retail licenses:

AB492,17,11 1. Any “Class B” license for which the licensed premises includes a restaurant on distillpub premises, as described in sub. (3) (a) 2. and 3.

AB492,17,14 2. Not more than 6 “Class B” licenses in addition to those authorized under subd. 1. if any of these additional 6 “Class B” licenses was initially issued prior to January 1, 1983.

AB492,17,16 3. A Class “B” license for any premises for which a “Class B” license authorized under subd. 1. or 2. is issued.

AB492,17,18 4. One Class “A” license and one “Class A” license, both issued for the same premises and initially issued prior to January 1, 1990.

AB492,17,21 5. If the distillpub also holds a brewpub permit under s. 125.295 and the distillpub permit and the brewpub permit are issued in the same name, any retail license authorized under s. 125.295 (3) (b) and (c).

AB492,17,23 (c) Each retail license authorized under par. (b) shall be issued in the same name as the distillpub permittee.

AB492,18,3 (5) Fees. The fee established by the department for a distillpub permit shall not exceed the fee established by the department for a manufacturer's permit under s. 125.52.

AB492,18,5 (6) Rule making. The department may promulgate rules and prescribe forms to administer and enforce this section.

AB492,32 Section 32. 125.53 (3) of the statutes is created to read:

AB492,18,9 125.53 (3) A winery holding a permit under this section may hold a Class “B" license authorizing the retail sale of fermented malt beverages if the winery holds a “Class B" license issued for the same premises.

AB492,33 Section 33. 125.54 (1) of the statutes is amended to read:

AB492,18,17 125.54 (1) Authorized activities. The department shall issue wholesalers' permits authorizing the permittee to sell, from the premises described in the permit, intoxicating liquor at wholesale to retailers and wholesalers, as well as to manufacturers, rectifiers, distillpubs, and wineries for production purposes. The permittee may not sell intoxicating liquor for consumption on the premises. Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wine brought into this state under s. 139.03 (5).

AB492,34 Section 34. 125.54 (7) (a) 1. of the statutes is renumbered 125.54 (7) (a).

AB492,35 Section 35. 125.54 (7) (a) 2. of the statutes is repealed.

AB492,36 Section 36. 125.54 (8) of the statutes is amended to read:

AB492,19,2 125.54 (8) Duty to work in good faith. Each wholesaler has an obligation to negotiate in good faith with any manufacturer, rectifier, distillpub, or winery that seeks to sell its products in this state through the wholesaler. To this end, all wholesalers shall work diligently to ensure that distribution channels are available for the sale of intoxicating liquor products through wholesalers to retailers in this state.

AB492,37 Section 37. 125.545 (1) (d) of the statutes is amended to read:

AB492,19,5 125.545 (1) (d) “Small winery" means any winery that produces and bottles less than 25,000 50,000 gallons of wine in a calendar year.

AB492,38 Section 38. 125.58 (1) of the statutes is amended to read:

AB492,19,24 125.58 (1) The department shall issue out-of-state shippers' permits which authorize persons located outside this state to sell or ship intoxicating liquor into this state. Except as provided under sub. (4), intoxicating liquor may be shipped into this state only to a person holding a wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under this section, to a person holding a manufacturer's or rectifier's permit under s. 125.52, a distillpub permit under s. 125.525, or a winery permit under s. 125.53. Except as provided under sub. (4), a separate out-of-state shipper's permit is required for each location from which any intoxicating liquor is sold or shipped into this state, including the location from which the invoices are issued for the sales or shipments. Any person holding an out-of-state shipper's permit issued under this section may solicit orders for sales or shipments by the permittee without obtaining the sales solicitation permit required by s. 125.65, but every agent, salesperson or other representative who solicits orders for sales or shipments by an out-of-state shipper shall first obtain a permit for soliciting orders under s. 125.65. No holder of an out-of-state shipper's permit issued under this section may sell intoxicating liquor in this state or ship intoxicating liquor into this state unless the out-of-state shipper is the primary source of supply for that intoxicating liquor.

AB492,39 Section 39. 125.68 (4) (c) 3m. of the statutes is amended to read:

AB492,20,4 125.68 (4) (c) 3m. No premises for which a “Class B" license has been issued under s. 125.51 (3) (am) may remain open for the sale of intoxicating liquor between the hours of 9 p.m. 2 a.m. and 8 a.m. A municipality may, by ordinance, impose more restrictive hours than are provided in this subdivision.

AB492,40 Section 40. 125.68 (9) (b) of the statutes is amended to read:

AB492,20,9 125.68 (9) (b) All containers of intoxicating liquor sold in this state shall be clearly and legibly labeled with the name and address of the manufacturer or distillpub and the name of the intoxicating liquor. The label shall meet any other labeling requirements created by the federal alcohol administration act.

AB492,41 Section 41. 125.68 (9) (d) of the statutes is amended to read:

AB492,20,13 125.68 (9) (d) All packages or containers of intoxicating liquor delivered in this state shall bear seals affixed by the manufacturer or distillpub so that the contents cannot be removed without breaking the seals.

AB492,42 Section 42. 125.68 (10) of the statutes is amended to read:

AB492,20,20 125.68 (10) Shipments into state. (a) Except as provided in s. 125.535, no intoxicating liquor may be shipped into this state unless consigned to a person holding a wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit under s. 125.52, a distillpub permit under s. 125.525, or a winery permit under s. 125.53.

AB492,21,3 (b) Except as provided in s. ss. 125.525 (2)(h) and 125.535, no common carrier or other person may transport into and deliver within this state any intoxicating liquor unless it is consigned to a person holding a wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit under s. 125.52, a distillpub permit under s. 125.525, or a winery permit under s. 125.53. Any common carrier violating this paragraph shall forfeit $100 for each violation.

AB492,43 Section 43. 125.69 (title) of the statutes is amended to read:

AB492,21,6 125.69 (title) Restrictions on dealings between manufacturers, rectifiers, distillpubs, wholesalers , and retailers.

AB492,44 Section 44. 125.69 (1) (a) of the statutes is renumbered 125.69 (1) (a) 1. and amended to read:

AB492,21,13 125.69 (1) (a) 1. No Except as provided in subds. 2. and 3., no intoxicating liquor manufacturer, rectifier, distillpub, winery, out-of-state shipper permittee, or wholesaler may hold any direct or indirect interest in any “Class A" license or establishment and no “Class A" licensee may hold any direct or indirect interest in a wholesale permit or establishment, except that a .

AB492,21,18 2. A winery that has a permit under s. 125.53 may have an ownership interest in a “Class A" license and a person may hold a “Class A" license and both a winery permit under s. 125.53 and a manufacturer's or rectifier's permit under s. 125.52 and may make retail sales and provide taste samples as authorized under the “Class A" license and ss. 125.06 (13) and 125.52 (1) (b) 2.

AB492,45 Section 45. 125.69 (1) (a) 3. of the statutes is created to read:

AB492,21,21 125.69 (1) (a) 3. A person may hold a distillpub permit and a “Class A” license as provided in s. 125.525 (4) (b) 4.

AB492,46 Section 46. 125.69 (1) (b) 1. of the statutes is amended to read:

AB492,22,4 125.69 (1) (b) 1. Except as provided under subds. 3., 4., and 5., no intoxicating liquor manufacturer, rectifier, distillpub, winery, out-of-state shipper permittee, or wholesaler may hold any direct or indirect interest in any “Class B" license or permit or establishment or “Class C" license or establishment and no “Class B" licensee or permittee or “Class C" licensee may hold any direct or indirect interest in a manufacturer, rectifier, distillpub, winery, out-of-state shipper, or wholesale permit or establishment.

AB492,47 Section 47. 125.69 (1) (b) 3. of the statutes is created to read:

AB492,22,8 125.69 (1) (b) 3. A distillpub may hold any “Class B" license authorized under s. 125.525 (4) (b) and, if the distillpub also holds a brewpub permit, any “Class C” license authorized under s. 125.525 (4) (b) 5.

AB492,48 Section 48. 125.69 (1) (c) of the statutes is amended to read:

AB492,22,15 125.69 (1) (c) No manufacturer, rectifier, distillpub, winery, or out-of-state shipper permittee, whether located within or without this state, may hold any direct or indirect interest in any wholesale permit or establishment. Except as provided in pars. (a) 2. and 3. and (b) 3. and 4. and s. ss. 125.295, 125.525, and 125.53, no retail licensee may hold any direct or indirect interest in any manufacturer, rectifier, distillpub, winery, or out-of-state shipper permittee.

AB492,49 Section 49. 125.69 (1) (d) of the statutes is amended to read:

AB492,22,19 125.69 (1) (d) Except as provided in s. ss. 125.295 (3) (c) and (3m) and 125.525 (4) (b), no brewpub may hold any direct or indirect interest in any “Class B" license or permit or establishment or “Class C" license or establishment.

AB492,50 Section 50. 125.69 (3) of the statutes is amended to read:

AB492,23,2 125.69 (3) Volume discounts to campuses and retailers. A wholesaler of intoxicating liquor, and a distillpub with respect to sales of intoxicating liquor authorized under s. 125.525 (2) (f), shall charge the same price to all campuses and retail licensees and permittees making purchases in similar quantities. Any discount offered on intoxicating liquor shall be delivered to the retailer in a single transaction and single delivery, and on a single invoice.

AB492,51 Section 51. 125.69 (4) (c) of the statutes is created to read:

AB492,23,8 125.69 (4) (c) Distillpubs. For purposes of this subsection, a distillpub, when acting under authority of a retail license with respect to intoxicating liquor not manufactured or rectified by the distillpub, is deemed an intoxicating liquor retail licensee. This paragraph does not affect any provision of this subsection with respect to a distillpub acting under authority of s. 125.525 (2) (f).

AB492,52 Section 52. 125.69 (4) (e) of the statutes is amended to read:

AB492,23,14 125.69 (4) (e) Costs. The cost of administering this subsection shall be charged to the manufacturer, rectifier, distillpub, and wholesaler permittees. The department shall determine the costs and shall establish the procedure for apportioning the cost against the permittees and provide for the method of payment to the department.

AB492,53 Section 53. 125.69 (6) (a) of the statutes is amended to read:

AB492,23,19 125.69 (6) (a) No Except as provided in s. 125.525 (2) (f), no campus or retail licensee or permittee may purchase intoxicating liquor from, or possess intoxicating liquor purchased from, any person other than a wholesaler holding a permit under this chapter for the sale of intoxicating liquor.

AB492,54 Section 54. 125.70 of the statutes is amended to read:

AB492,24,7 125.70 Trade show samples. A manufacturer, rectifier, distillpub, winery, or intoxicating liquor wholesaler may furnish, free of charge, on “Class B" premises, taste samples of intoxicating liquor to any person who has attained the legal drinking age and who is attending a trade show, conference, convention, or similar business meeting, that is held on those premises, of a bona fide national or statewide trade association that derives income from membership dues of “Class B" licensees. Taste samples may not be furnished under this section at more than 2 such events of any one trade association per year. No intoxicating liquor brought on “Class B" premises under this section may remain on those premises after the close of the trade show, conference, convention, or business meeting. No limitation under this section applies to a distillpub with respect to premises operating under a “Class B” license issued to the distillpub.

AB492,55 Section 55. 139.01 (2o) of the statutes is created to read:

AB492,24,9 139.01 (2o) “Distillpub” means a permittee under s. 125.525.

AB492,56 Section 56. 139.01 (5) of the statutes is amended to read:

AB492,24,14 139.01 (5) A “manufacturer" is a person, other than a rectifier or distillpub, who manufactures or distills intoxicating liquors, including selling at wholesale such intoxicating liquors manufactured or distilled by the licensee at the premises designated in the license.

AB492,57 Section 57. 139.01 (6) of the statutes is amended to read:

AB492,25,4 139.01 (6) A “rectifier" is a person, other than a distillpub, who rectifies, purifies or refines distilled spirits or wines by any process other than by original and continuous distillation from mash, wort or wash, through continuous closed vessels or pipes, until the manufacture thereof is complete, or who has in his or her possession any still or leach tub or keeps any other apparatus for the purpose of refining in any manner distilled spirits or the other liquors, or who after rectifying and purifying distilled spirits, by mixing such spirits or liquors with any materials, manufactures any spurious, imitation or compound liquors for sale, and any person who, without rectifying, purifying or refining distilled spirits, by mixing such spirits with any materials, manufactures any spurious, imitation or compound liquors for sale under the name of “whiskey," “brandy," “gin," “ rum," “spirits," “cordials" or any other name, and who is also a distiller or is under substantially the same management or control as a distiller. A rectifier may sell at wholesale intoxicating liquors rectified by him or her without any other license than that of a rectifier.

AB492,58 Section 58. 139.01 (10) of the statutes is amended to read:

AB492,25,9 139.01 (10) “Wholesaler" as applied to a seller of fermented malt beverages has the same meaning as in s. 125.02, and as applied to a seller of intoxicating liquors is any person other than a manufacturer or, rectifier, or distillpub who sells such liquors to licensed retailers or other permittees for the purpose of resale.

AB492,59 Section 59. 139.03 (2x) (a) of the statutes is amended to read:

AB492,25,17 139.03 (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, distillpub, 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 a return by the 15th day of the month following the month in which the new tax rate becomes effective and shall pay any tax due on it, as determined under par. (b).

AB492,60 Section 60. 139.04 (4) of the statutes is amended to read:

AB492,25,21 139.04 (4) Sale or shipment of fermented malt beverages by a brewer to a bottler or of intoxicating liquor in bulk between manufacturers, rectifiers, distillpubs, and wineries.

AB492,61 Section 61. 139.06 (3) of the statutes is amended to read:

AB492,26,4 139.06 (3) In shipping intoxicating liquor in bulk for the purpose of bottling or rectifying to a rectifier or distillpub 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 that shows the dates and quantities of shipments and the name and address of each consignee.

AB492,62 Section 62. 139.08 (4) of the statutes is amended to read:

AB492,26,20 139.08 (4) Inspection for enforcement. Duly authorized employees of the department of justice and the department of revenue and any sheriff, police officer, marshal, or constable, within their respective jurisdictions, may at all reasonable hours enter any licensed premises, and examine the books, papers, and records of any brewer, brewpub, manufacturer, bottler, rectifier, distillpub, wholesaler, or retailer, for the purpose of inspecting the same and determining whether the tax and fee imposed by ss. 139.01 to 139.25 have been fully paid, and may inspect and examine, according to law, any premises where fermented malt beverages or intoxicating liquors are manufactured, sold, exposed for sale, possessed, or stored, for the purpose of inspecting the same and determining whether the tax imposed by ss. 139.01 to 139.25 has been fully paid, and whether ss. 139.01 to 139.25 and ch. 125 are being complied with. Any refusal to permit such examination of such premises is sufficient grounds under s. 125.12 for revocation or suspension of any license or permit granted for the sale of any fermented malt beverages or intoxicating liquors and is punishable under s. 139.25 (10).

AB492,63 Section 63. 139.09 of the statutes is amended to read:

AB492,26,25 139.09 Registration. Every brewer, brewpub, bottler, manufacturer, rectifier, distillpub, wholesaler, or retailer liable for payment of the occupational tax imposed in ss. 139.01 to 139.25 shall hold a valid certificate under s. 73.03 (50). The secretary shall assign the person a registration number.

AB492,64 Section 64. 139.11 (2) of the statutes is amended to read:

AB492,27,9 139.11 (2) Report. Each brewer, brewpub, bottler, manufacturer, rectifier, distillpub, and wholesaler shall on or before the 15th day of each calendar month or the dates prescribed by the secretary file a verified report of all fermented malt beverages or intoxicating liquor manufactured, received, sold, delivered, or shipped by him or her during the preceding calendar month, except that the department may allow wholesale, winery, and out-of-state shipper permittees whose tax liability is less than $500 per quarter to file on a quarterly basis. Quarterly reports shall be filed on or before the 15th of the next month following the close of the calendar quarter.

AB492,65 Section 65. 139.11 (3) of the statutes is amended to read:

AB492,27,25 139.11 (3) Secretary's powers. When the secretary finds that the records kept by any brewer, brewpub, bottler, manufacturer, rectifier, distillpub, wholesaler, or retailer are in such condition that an unusual amount of time is required to determine therefrom the amount of tax due, the secretary may give notice of such fact to such person and may require the records to be kept in such form as the secretary prescribes. If such requirements are not complied with within 30 days after the date of the notice, the brewer, brewpub, bottler, manufacturer, rectifier, distillpub, wholesaler, or retailer shall pay the expenses reasonably attributable to the determination of tax at the rate of $30 per day for each auditor. The secretary shall render a bill therefor by registered mail to the person charged with payment at the conclusion of the audit, which bill shall constitute notice of assessment and demand of payment thereof. The brewer, brewpub, bottler, manufacturer, rectifier, distillpub, wholesaler, or retailer shall, within 10 days after the mailing of the bill, pay its amount, and such payment shall be credited to the appropriation made in s. 20.566 (1) (a).

AB492,66 Section 66. 139.11 (4) (b) 2. of the statutes is amended to read:

AB492,28,8 139.11 (4) (b) 2. A current and regularly updated list, made available on paper and on the department's Internet Web site, of permit holders that minimally includes detailed information on the name, address, contact person, and date of permit issuance for every manufacturer's and rectifier's permit issued under s. 125.52, distillpub permit issued under s. 125.525, winery permit issued under s. 125.53, direct wine shipper's permit issued under s. 125.535, wholesaler's permit issued under s. 125.54, and out-of-state shipper's permit issued under s. 125.58.

AB492,67 Section 67. 139.18 (2) of the statutes is amended to read:

AB492,28,13 139.18 (2) The possession of intoxicating liquor on which a tax has not been paid except upon the premises of a manufacturer, rectifier, distillpub, or wholesaler, or any licensed public warehouse shall be deemed prima facie evidence that such liquor is possessed with the intent to sell it contrary to law.

AB492,68 Section 68. 139.22 of the statutes is amended to read:

AB492,28,25 139.22 Confiscation. If a duly authorized employee of the department of revenue or the department of justice or any sheriff, police officer, marshal, or constable, within his or her respective jurisdiction, discovers any fermented malt beverages upon any premises other than the premises of a brewer, brewpub, or bottler, or any intoxicating liquor upon any premises other than the premises of a manufacturer, rectifier, distillpub, winery, or wholesaler, and upon which the tax has not been paid or which was possessed, kept, stored, manufactured, sold, distributed, or transported in violation of ss. 139.01 to 139.25 and ch. 125, the employee or any such officer may immediately seize the fermented malt beverages or intoxicating liquors. Any such fermented malt beverages or intoxicating liquors so seized shall be held by the department of revenue and disposed of under s. 125.14 (2) (e).

AB492,69 Section 69. 346.93 (1) of the statutes is amended to read:

AB492,29,8 346.93 (1) No underage person, as defined under s. 125.02 (20m), may knowingly possess, transport, or have under his or her control any alcohol beverage in any motor vehicle unless the person is employed by a brewer, brewpub, alcohol beverage licensee, wholesaler, retailer, distributor, manufacturer, or rectifier, or distillpub and is possessing, transporting, or having such beverage in a motor vehicle under his or her control during his or her working hours and in the course of employment, as provided under s. 125.07 (4) (bm).

AB492,70 Section 70. Effective date.