LRB-4870/1
ARG&MCP:ahe
2017 - 2018 LEGISLATURE
December 7, 2017 - Introduced by Senators Petrowski, Bewley, Cowles, Darling,
Erpenbach, Feyen, Kapenga, LeMahieu, Marklein, Moulton, Nass,
Ringhand, Stroebel, Testin, Vukmir and Wirch, cosponsored by
Representatives Ballweg, Born, Brandtjen, E. Brooks, R. Brooks, Doyle,
Genrich, Kooyenga, Kuglitsch, Macco, Mursau, Novak, Petryk,
Swearingen, Tauchen, VanderMeer and Vorpagel. Referred to Committee on
Public Benefits, Licensing and State-Federal Relations.
SB632,1,5 1An Act to amend 125.04 (3) (e) 1.; and to create 125.04 (3) (bm), 125.04 (3) (j),
2125.04 (6) (g), 134.65 (1r) and 134.65 (5m) of the statutes; relating to:
3applications for alcohol beverage licenses and permits and for cigarette and
4tobacco products retailer licenses, appointment of corporate agents of alcohol
5beverage licensees and permittees, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill provides that alcohol beverage license and permit application forms
may not require more than one signature on behalf of the applicant and are not
required to be sworn to or notarized. The bill also provides that forms for
appointment of corporate agents of alcohol beverage licensees and permittees may
not require more than one signature on behalf of the licensee or permittee. In
addition, the bill provides that forms for cigarette and tobacco products retailer
licenses are not required to be notarized.
Current law requires the Department of Revenue to prepare application forms
for most kinds of alcohol beverage licenses and permits and requires the use of these
forms when such applications are submitted to DOR and municipalities. Current
law also requires that most alcohol beverage license applications be sworn to by the
applicant.
Under this bill, these forms may not require the signature of more than one
person signing on behalf of the applicant and may not require that an applicant's
signature be notarized. The bill also eliminates the requirement that a license

application be sworn to by the applicant and creates a penalty, a forfeiture of up to
$1,000, for a person who knowingly provides materially false information in an
application.
Current law requires a corporation or limited liability company (LLC) issued
an alcohol beverage license or permit to appoint an agent responsible for the conduct
of the licensee's or permittee's business. This bill specifies that a form relating to the
appointment of an agent may not require the signature of more than one person
signing on behalf of the corporation or LLC submitting the form.
Current law also requires a person who sells or distributes cigarettes or tobacco
products to obtain a cigarette and tobacco products retailer license from the
municipality in which the goods will be sold or distributed. Under this bill, the
municipality, and any form used as an application for a cigarette and tobacco
products retailer license, may not require the applicant's signature to be notarized.
Under the bill, a person who knowingly provides materially false information in an
application may be subject to a forfeiture of up to $1,000.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB632,1 1Section 1. 125.04 (3) (bm) of the statutes is created to read:
SB632,2,42 125.04 (3) (bm) Signature on, and notarization of, forms. The application forms
3prepared by the department for a license or permit under this chapter may not
4require any of the following:
SB632,2,55 1. The signature of more than one person signing on behalf of the applicant.
SB632,2,66 2. That an applicant's signature be notarized.
SB632,2 7Section 2. 125.04 (3) (e) 1. of the statutes is amended to read:
SB632,2,108 125.04 (3) (e) 1. Each application for a license , other than a manager's or
9operator's license,
shall be sworn to signed by the applicant. The applicant shall file
10the application for a license with the municipal clerk of the intended place of sale.
SB632,3 11Section 3. 125.04 (3) (j) of the statutes is created to read:
SB632,3,3
1125.04 (3) (j) Penalty for materially false application information. Any person
2who knowingly provides materially false information in an application for a license
3or permit under this chapter may be required to forfeit not more than $1,000.
SB632,4 4Section 4. 125.04 (6) (g) of the statutes is created to read:
SB632,3,95 125.04 (6) (g) Forms. If the department or any municipality prepares a form
6relating to the appointment of an agent under this subsection, including any
7cancellation of an appointment or appointment of a successor agent, the form may
8not require the signature of more than one person signing on behalf of the corporation
9or limited liability company submitting the form.
SB632,5 10Section 5. 134.65 (1r) of the statutes is created to read:
SB632,3,1511 134.65 (1r) A city, village, or town clerk may not require an applicant's
12signature on an application for a cigarette and tobacco products retailer license to be
13notarized. If a city, village, town, or any department of this state prepares an
14application form for a cigarette and tobacco products retailer license, the form may
15not require an applicant's signature on the form to be notarized.
SB632,6 16Section 6. 134.65 (5m) of the statutes is created to read:
SB632,3,1917 134.65 (5m) Any person who knowingly provides materially false information
18in an application for a cigarette and tobacco products retailer license under this
19section may be required to forfeit not more than $1,000.
SB632,7 20Section 7. Initial applicability.
SB632,3,2221 (1) This act first applies to applications for licenses and permits and agent
22appointment forms submitted on the effective date of this subsection.
SB632,8 23Section 8. Effective date.
SB632,4,2
1(1) This act takes effect on the first day of the 3rd month beginning after
2publication.
SB632,4,33 (End)
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