AB989: Bill Text

AB989,45 Section 45. 125.12 (6) (b) of the statutes is amended to read:

AB989,15,19 125.12 (6) (b) Within 30 days of receiving a copy of the complaint under par. (a), any wholesaler against whom allegations are made may file a sworn written response or a written request for an evidentiary hearing before the department office under s. 227.44.

AB989,46 Section 46. 125.12 (6) (c) of the statutes is amended to read:

AB989,16,4 125.12 (6) (c) Subject to pars. (d) 1. and (dm), if no request for an evidentiary hearing is made under par. (b), within 60 days of receiving any response under par. (b) or, if no response is made, within 60 days of the date on which a response or request for hearing is due under par. (b), the department office shall make a written decision as to whether a violation has occurred and either dismiss the complaint or take action under par. (e). Any decision under this paragraph shall include findings of fact and conclusions of law and shall state all reasons for the decision. The department office shall provide a copy of the decision to the complainant and to any wholesaler against whom allegations are made.

AB989,47 Section 47. 125.12 (6) (cm) of the statutes is amended to read:

AB989,16,14 125.12 (6) (cm) Subject to pars. (d) 2. and (dm), if a request for an evidentiary hearing is made under par. (b), the hearing shall be conducted in the manner specified for a contested case under ss. 227.44 to 227.50, except that the hearing shall be conducted within 45 days of receiving the request for hearing under par. (b) and the department office shall make its written decision, including whether a violation has occurred and whether the complaint is dismissed or action is taken under par. (e), within 15 days after the hearing. In addition to service of the decision as provided under s. 227.48, the department office shall provide a copy of the decision to the complainant.

AB989,48 Section 48. 125.12 (6) (d) of the statutes is amended to read:

AB989,16,22 125.12 (6) (d) 1. If no request for an evidentiary hearing is made under par. (b), within 60 days of receiving any response under par. (b) or, if no response is made, within 60 days of the date on which a response or request for hearing is due under par. (b), the department office may extend the time period for making a decision under par. (c) by an additional 60 days if the department office provides notice within the time period specified in par. (c) that an additional 60 days is necessary for investigation.

AB989,17,2 2. If a request for an evidentiary hearing is made under par. (b), within 45 days of receiving the request for hearing under par. (b), the department office may extend the time period for conducting the hearing by an additional 45 days if the department office provides notice within 45 days of receiving the request for hearing under par. (b) that an additional 45 days is necessary for investigation.

AB989,49 Section 49. 125.12 (6) (dm) of the statutes is amended to read:

AB989,17,13 125.12 (6) (dm) Within 45 days of receiving any response or request for hearing under par. (b) or, if no response or request for hearing is made, within 45 days of the date on which a response or request for hearing is due under par. (b), the department office may elect to file a complaint in circuit court under sub. (4) that includes all allegations of the complaint under par. (a) for which the department office determines there is cause to find that a violation of s. 125.54 (7) (a) has occurred. If the department office files a complaint in circuit court as provided under this paragraph, the department office shall not conduct a hearing under par. (cm) or make a written decision under par. (c), but shall proceed with the matter as provided under sub. (4).

AB989,50 Section 50. 125.12 (6) (e) of the statutes is amended to read:

AB989,17,18 125.12 (6) (e) If the department office finds the allegations under par. (a) true and sufficient, the department office shall either suspend for not less than 10 days nor more than 90 days or revoke the wholesaler's permit, and give notice of the suspension or revocation to the wholesaler.

AB989,51 Section 51. 125.13 of the statutes is amended to read:

AB989,18,2 125.13 Report of suspension, revocation or imposition of penalty. Whenever a municipal governing body or court revokes or suspends a license or permit or imposes a penalty on a licensee or permittee for the violation of this chapter, the clerk of the municipality or court revoking or suspending the license or imposing the penalty shall, within 10 days after the revocation, suspension or imposition of penalty, mail a report to the department office at Madison, Wisconsin, giving the name of the licensee, the address of the licensed premises and a full description of the penalty imposed.

AB989,52 Section 52. 125.14 (2) (c) of the statutes is amended to read:

AB989,18,8 125.14 (2) (c) Identification. Any person seizing alcohol beverages or personal property and electing to dispose of it under this subsection shall exercise reasonable diligence to ascertain the name and address of the owner of the alcohol beverages or property and of all persons holding a security interest in the property seized. The person shall report his or her findings in writing to the department office.

AB989,53 Section 53. 125.14 (2) (d) of the statutes is amended to read:

AB989,18,21 125.14 (2) (d) Order. Upon conviction of any person for owning, possessing, keeping, storing, manufacturing, selling, distributing or transporting alcohol beverages in violation of this chapter or ch. 139, the court shall order part or all of the alcohol beverages or personal property seized to be destroyed if it is unfit for sale. Alcohol beverages and other personal property fit for sale shall be turned over to the department office for disposition. Upon receipt of the confiscated property, the department office shall exercise reasonable diligence to ascertain the names and addresses of all owners of the property and of all persons holding a security interest in the property. If a motor vehicle is confiscated, the department office shall obtain the written advice of the department of transportation as to the ownership of the motor vehicle and shall make a reasonable search for perfected security interests in the vehicle.

AB989,54 Section 54. 125.14 (2) (e) of the statutes is amended to read:

AB989,19,10 125.14 (2) (e) Disposal. The department office shall dispose of the alcohol beverages turned over to it by the court by either giving it to law enforcement agencies free of charge for use in criminal investigations, selling it to the highest bidder if the bidder is a person holding a license or permit issued under this chapter, or destroying it, at the discretion of the department office. If the department office elects to sell the alcohol beverages, it shall publish a class 2 notice under ch. 985 asking for sealed bids from qualified bidders. Any items or groups of items in the inventory subject to a security interest, the existence of which was established in the proceedings for conviction as being bona fide and as having been created without the secured party having notice that the items were being used or were to be used in connection with the violation, shall be sold separately. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the secretary of administration and credited to the common school fund.

AB989,55 Section 55. 125.14 (2) (f) of the statutes is amended to read:

AB989,20,2 125.14 (2) (f) Sale. Any personal property, other than alcohol beverages, seized under par. (a) and fit for sale, shall be turned over by the department office to the department of administration for disposal at public auction to the highest bidder, at a time and place stated in a notice of sale which describes the property to be sold. The sale shall be held in a conveniently accessible place in the county where the property was confiscated. A copy of the notice shall be published as a class 2 notice under ch. 985. The last insertion shall be at least 10 days before the sale. The department of revenue office shall serve a copy of the notice of sale at least 2 weeks before the date thereof on all persons who are or may be owners or holders of security interests in the property. Any confiscated property worth more than $100 shall be sold separately, and the balance of the confiscated property shall be sold in bulk or separately at the discretion of the department of administration. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the secretary of administration. No motor vehicle or motorboat confiscated under this section may be sold within 30 days after the date of seizure.

AB989,56 Section 56. 125.14 (3) (b) of the statutes is amended to read:

AB989,20,7 125.14 (3) (b) Deadline. The application shall be made within one year after the sale of the property. A copy of the application and the order setting a hearing on it shall be served on the department office at least 20 days before the date set for hearing.

AB989,57 Section 57. 125.145 of the statutes is amended to read:

AB989,20,14 125.145 Prosecutions by attorney general or department office. Upon request by the secretary of revenue office, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this chapter. The department office may represent this state in prosecuting any violation of s. 125.54 (7) (a) or (b) and shall bring any such action in the circuit court for Dane County.

AB989,58 Section 58. 125.15 (1) of the statutes is amended to read:

AB989,20,19 125.15 (1) An intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association that makes a written complaint to the department office under s. 125.12 (6) of a violation of s. 125.54 (7) (a) may bring an action to enforce the provisions of s. 125.54 (7) if any of the following apply:

AB989,20,21 (a) The department office has not rendered a decision within the time periods specified in s. 125.12 (6) (c) to (d).

AB989,20,25 (b) The department office has rendered a decision under s. 125.12 (6) in which the department office has determined that a violation has occurred but no action has been brought in circuit court by the department office, attorney general, or a district attorney to prosecute the violation.

AB989,59 Section 59. 125.17 (6) (a) (intro.) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB989,21,10 125.17 (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, which may include computer-based training and testing, that is approved by the department office or the department of safety and professional services, or unless the applicant fulfills one of the following requirements:

AB989,60 Section 60. 125.19 (1) of the statutes is amended to read:

AB989,21,16 125.19 (1) Issuance. The department office shall issue an alcohol beverage warehouse permit which authorizes the permittee to store and warehouse alcohol beverages in warehouse premises covered by the permit, subject to rules adopted by the department office. The permit does not authorize the sale of any alcohol beverages.

AB989,61 Section 61. 125.27 (1) (a) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB989,22,2 125.27 (1) (a) The department office shall issue Class “B" permits to clubs holding a valid certificate issued under s. 73.03 (50) that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs that are operated solely for curling, ski jumping or yachting, if the club is not open to the general public and if no Class “B" licenses are issued by the governing body of the municipality in which the club is located. A Class “B" permit authorizes retail sales of fermented malt beverages to be consumed on the premises where sold. Persons holding a Class “B" permit may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.

AB989,62 Section 62. 125.27 (2) (a) 1. (intro.) of the statutes is amended to read:

AB989,22,8 125.27 (2) (a) 1. (intro.) The department office may issue a Class “B" permit to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5) authorizing the sale of fermented malt beverages for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under s. 29.001 (45) and (63) if any of the following applies:

AB989,63 Section 63. 125.27 (2) (a) 2. of the statutes is amended to read:

AB989,22,18 125.27 (2) (a) 2. The department office may issue the permit only if the vessel leaves its place of mooring while the sale of fermented malt beverages is taking place and if the vessel fulfills the requirement under par. (am). A permit issued under this paragraph also authorizes the permittee to store fermented malt beverages purchased for sale on the vessel on premises owned or leased by the permittee and located near the vessel's regular place of mooring. The permittee shall describe on the permit application under s. 125.04 (3) (a) 3. the premises where the fermented malt beverages will be stored. The premises shall be open to inspection by the department office upon request.

AB989,64 Section 64. 125.27 (3) (b) of the statutes is amended to read:

AB989,22,23 125.27 (3) (b) Upon application, the department office shall issue a Class “B" permit to a tribe that holds a valid certificate issued under s. 73.03 (50) and that is qualified under s. 125.04 (5) and (6). The permit authorizes the retail sale of fermented malt beverages for consumption on or off the premises where sold.

AB989,65 Section 65. 125.275 (1) of the statutes is amended to read:

AB989,23,5 125.275 (1) The department office may issue an industrial fermented malt beverages permit which authorizes the permittee to purchase and use fermented malt beverages for industrial purposes only. Such permits may be issued only to persons who prove to the department office that they use alcohol for industrial purposes and who holds a valid certificate issued under s. 73.03 (50).

AB989,66 Section 66. 125.275 (3) of the statutes is amended to read:

AB989,23,9 125.275 (3) Shipments of industrial fermented malt beverages shall be conspicuously labeled “for industrial purposes" and shall meet other requirements which the department office prescribes by rule.

AB989,67 Section 67. 125.28 (1) (a) of the statutes is amended to read:

AB989,23,16 125.28 (1) (a) Subject to par. (b), the department office may issue permits to wholesalers for the sale of fermented malt beverages from premises within this state, which premises shall comply with the requirements under s. 125.34 (2). Subject to s. 125.34, and except as provided in pars. (e) and (f), a wholesaler's permit authorizes sales of fermented malt beverages only in original packages or containers to retailers or wholesalers.

AB989,68 Section 68. 125.28 (1) (b) of the statutes is amended to read:

AB989,24,3 125.28 (1) (b) If a wholesaler does not maintain any warehouse in this state but is licensed and maintains a warehouse in an adjoining state that allows wholesalers holding a wholesaler's permit in this state to deliver fermented malt beverages to retailers in the adjoining state without warehousing in that state and that further requires that all fermented malt beverages be first unloaded and physically at rest at, and distributed from, the warehouse of the licensed wholesaler in that state, the wholesaler's permit shall be issued by the department office. Notwithstanding s. 125.04 (5) (a) 2. and (c) and (6), the department office may issue the wholesaler's permit to a wholesaler described in this paragraph who is a natural person and not a resident of this state or that is a corporation or limited liability company and has not appointed an agent in this state.

AB989,69 Section 69. 125.28 (2) (e) 2. of the statutes is amended to read:

AB989,24,10 125.28 (2) (e) 2. After January 1, 2012, the department office shall issue to each person holding an unexpired wholesaler's license issued under s. 125.28, 2009 stats., a wholesaler's permit if the person does not hold a license or permit prohibited under par. (b). The issuance of a wholesaler's permit by the department office to any person shall invalidate any previous wholesaler's license issued under s. 125.28, 2009 stats., to the person.

AB989,70 Section 70. 125.28 (4) of the statutes is amended to read:

AB989,24,17 125.28 (4) The amount of the permit fee shall be established by the department and shall be an amount that is sufficient to fund one special agent position dedicated to alcohol and tobacco enforcement at the department, but the permit fee office but may not exceed $2,500 per year or fractional part thereof. All permit fees received under this subsection shall be credited to the appropriation account under s. 20.566 (1) (hd).

AB989,71 Section 71. 125.28 (5) (b) of the statutes is amended to read:

AB989,24,25 125.28 (5) (b) A wholesaler under this section shall annually sell and deliver fermented malt beverages to at least 25 retail licensees or other wholesalers that do not have any direct or indirect interest in each other or in the wholesaler. The department office may not issue a permit under this section unless the applicant represents to the department office an intention to satisfy this requirement, and may not renew a permit issued under this section unless the wholesaler demonstrates that this requirement has been satisfied.

AB989,72 Section 72. 125.28 (5) (d) 3. of the statutes is amended to read:

AB989,25,4 125.28 (5) (d) 3. This paragraph shall not affect the authority of any municipality or the department office to revoke, suspend, or refuse to renew or issue a license or permit under s. 125.12.

AB989,73 Section 73. 125.28 (5) (e) of the statutes is amended to read:

AB989,25,15 125.28 (5) (e) The department office shall promulgate rules to administer and enforce the requirements under this subsection. The rules shall ensure coordination between the department's office's issuance and renewal of permits under this section and its enforcement of the requirements of this subsection, and shall require that all applications for issuance or renewal of permits under this section be processed by department office personnel generally familiar with activities of fermented malt beverages wholesalers. The department office shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under this section and for periodic site inspections by the department office of such warehouse facilities.

AB989,74 Section 74. 125.29 (1) of the statutes is amended to read:

AB989,25,19 125.29 (1) Permit. No person may operate as a brewer unless that person obtains a permit from the department office. A permit under this section may only be issued to a person who holds a valid certificate issued under s. 73.03 (50).

AB989,75 Section 75. 125.29 (3) (intro.) of the statutes is amended to read:

AB989,25,22 125.29 (3) Authorized activities. (intro.) The department office shall issue brewer's permits to eligible applicants authorizing all of the following:

AB989,76 Section 76. 125.295 (1) (intro.) of the statutes is amended to read:

AB989,25,25 125.295 (1) (intro.) The department office shall issue brewpub permits to eligible applicants authorizing all of the following:

AB989,77 Section 77. 125.295 (2) (b) of the statutes is amended to read:

AB989,26,9 125.295 (2) (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 office may revoke under s. 125.12 (5) the permit issued under this section.

AB989,78 Section 78. 125.295 (2) (c) of the statutes is amended to read:

AB989,26,20 125.295 (2) (c) If an applicant under par. (a) holds any license or permit prohibited under par. (a) 6. 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 office issues a permit under this section and the applicant fails to surrender any license or permit prohibited under par. (a) 6., the department office may revoke under s. 125.12 (5) the permit issued under this section. An applicant is not required to surrender any Class “B" license issued under s. 125.31 (1) (a) 2., 2009 stats., or under s. 125.31 (1) (a) 3., 2005 stats., if the applicant's continued possession of the license is consistent with subs. (1) (h), (2) (a) 4., and (3) (b) and (c).

AB989,79 Section 79. 125.295 (4) of the statutes is amended to read:

AB989,26,24 125.295 (4) The fee established by the department office for a brewpub permit shall not exceed the fee established by the department office for a permit under s. 125.29.

AB989,80 Section 80. 125.295 (5) of the statutes is amended to read:

AB989,27,2 125.295 (5) The department office shall promulgate rules and prescribe forms to ensure strict compliance with the requirements under this section.

AB989,81 Section 81. 125.30 (1) of the statutes is amended to read:

AB989,27,14 125.30 (1) The department office shall issue out-of-state shippers' permits which, except as provided in sub. (4), authorize the permittee to ship fermented malt beverages only to holders of a wholesaler's permit issued under s. 125.28. Except with respect to any shipment from a warehouse in an adjoining state by a wholesaler issued a wholesale permit under s. 125.28 (1) (b), no person may receive fermented malt beverages in this state which have been directly shipped from outside this state by any person other than the holder of a permit issued under this section. Subject to s. 125.34 (2), all shipments of fermented malt beverages to a wholesaler of fermented malt beverages in this state, whether shipped to the wholesaler from inside this state or from outside this state, shall be unloaded in, physically at rest in, and only then distributed from the wholesaler's warehouse in this state.

AB989,82 Section 82. 125.30 (2) (intro.) of the statutes is amended to read:

AB989,27,20 125.30 (2) (intro.) The application for an out-of-state shipper's permit and the permit shall be on forms prescribed by the department office which shall contain provisions determined by the department office as necessary to effectuate the purposes of ss. 139.01 to 139.25 and shall include a provision that the permittee agrees:

AB989,83 Section 83. 125.30 (2) (b) of the statutes is amended to read:

AB989,27,24 125.30 (2) (b) To permit inspections and examinations of the permittee's premises and records by the department office and its duly authorized employees, as authorized under s. 139.08 (4) 125.025 (3); and

AB989,84 Section 84. 125.30 (3) of the statutes is amended to read:

AB989,28,12 125.30 (3) Out-of-state shippers' permits may be issued only to a person who holds a valid certificate issued under s. 73.03 (50), who is qualified under s. 125.04 (5), who does not maintain an office or street address in this state, and who is the primary source of supply for the brand of fermented malt beverages. An out-of-state shipper's permit may not be issued to a person determined by the department office of alcohol beverages enforcement to be primarily engaged in wholesale or retail sales in another state. Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state shippers' permits are not required to be residents of this state. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers' permits are not required to appoint agents.

AB989,85 Section 85. 125.30 (4) of the statutes is amended to read:

AB989,28,21 125.30 (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 office, files whatever periodic reports with the department office as the department office 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.

AB989,86 Section 86. 125.30 (5) of the statutes is amended to read:

AB989,28,25 125.30 (5) The department office may revoke or suspend an out-of-state shipper's permit for such time as the department office determines, if the permittee violates any provision of the application or ss. 139.01 to 139.25.

AB989,87 Section 87. 125.33 (2) (a) of the statutes is amended to read:

AB989,29,10 125.33 (2) (a) Give to any campus or Class “B" licensee or permittee, at any given time, for placement inside the premises, signs, clocks, or menu boards with an aggregate value of not more than $2,500. If a gift of any item would cause the $2,500 limit to be exceeded, the recipient shall pay the brewer, brewpub, or wholesaler the amount of the item's value in excess of $2,500. Each recipient shall keep an invoice or credit memo containing the name of the donor and the number and value of items received under this paragraph. The value of an item is its cost to the donor. Each recipient shall make the records kept under this paragraph available to the department office for inspection upon request.