SB801: Bill Text

SB801,8,25 (2) Police powers. The office shall enforce, and the duly authorized employees of the office shall have all necessary police powers to prevent violations of, this chapter.

SB801,9,12 (3) Inspection for enforcement. Duly authorized employees of the department of justice and the office 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, resort manufacturer, wholesaler, or retailer, 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 this chapter is 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. 125.11 (3).

SB801,9,15 (4) Fees. All fees collected by the office in connection with permits issued under this chapter, including permit fees and other associated administrative fees, shall be credited to the appropriation account under s. 20.566 (9) (g).

SB801,9,18 (5) List of permittees. The office shall provide the department with all information necessary for the department to publish the information specified in s. 139.11 (4) (a) 2. and (b) 2.

SB801,20 Section 20. 125.03 (title) of the statutes is amended to read:

SB801,9,20 125.03 (title) Department Office rule making.

SB801,21 Section 21. 125.03 (1) (a) of the statutes is amended to read:

SB801,9,24 125.03 (1) (a) The department, in furtherance of effective control, may office shall promulgate rules consistent with necessary to carry out its duties under this chapter and ch. 139.

SB801,22 Section 22. 125.03 (1) (b) of the statutes is amended to read:

SB801,10,4 125.03 (1) (b) The department office shall promulgate rules providing for registration of wine collectors and establishing standards of eligibility for registration as a wine collector. The rules shall also specify the form and manner of notice required under s. 125.06 (11m).

SB801,23 Section 23. 125.03 (2) of the statutes is amended to read:

SB801,10,11 125.03 (2) Containers. The department office may by rule prescribe the standard size, form or character of any container in which intoxicating liquor may be sold in this state except that the department office may not set the size of containers in which intoxicating liquor, except wine containing not more than 21 percent of alcohol by volume, may be sold at a capacity greater than 1.75 liters (59.1752 fluid ounces).

SB801,24 Section 24. 125.04 (3) (a) (intro.) of the statutes is amended to read:

SB801,10,16 125.04 (3) (a) Contents. (intro.) The department office shall prepare an application form for each kind of license, other than a manager's or operator's license, and for each kind of permit issued under this chapter. Each form shall require all of the following information:

SB801,25 Section 25. 125.04 (3) (b) of the statutes is amended to read:

SB801,10,20 125.04 (3) (b) Application for renewing. The department office may prepare a simplified application form for renewal of each kind of license or permit which requires only information pertinent to renewal.

SB801,26 Section 26. 125.04 (3) (c) of the statutes is amended to read:

SB801,10,23 125.04 (3) (c) Distribution. The department office shall make one copy of each kind of license application that it prepares available to each municipality.

SB801,27 Section 27. 125.04 (3) (d) 1. of the statutes is amended to read:

SB801,11,2 125.04 (3) (d) 1. An application form prepared by the department office shall be used by each applicant for a permit.

SB801,28 Section 28. 125.04 (3) (d) 2. of the statutes is amended to read:

SB801,11,6 125.04 (3) (d) 2. A replica of an application form prepared by the department office shall be used by each applicant for a license, other than a manager's or operator's license.

SB801,29 Section 29. 125.04 (3) (e) 2. of the statutes is amended to read:

SB801,11,9 125.04 (3) (e) 2. The applicant shall file the application for a permit with the department office.

SB801,30 Section 30. 125.04 (4) of the statutes is amended to read:

SB801,11,16 125.04 (4) List of licensees. By July 15 annually, the clerk of a municipality issuing licenses shall mail to the department office a list containing the name, address and trade name of each person holding a license issued by that municipality, other than a manager's or operator's license or a license issued under s. 125.26 (6), the type of license held and, if the person holding the license is a corporation or limited liability company, the name of the agent appointed under sub. (6).

SB801,31 Section 31. 125.04 (5) (a) 5. of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

SB801,12,2 125.04 (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 office or the department of safety and professional services. 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.

SB801,32 Section 32. 125.04 (9) of the statutes is amended to read:

SB801,12,9 125.04 (9) Separate license or permit required. Except as provided under ss. 125.27 (2) (a) and 125.51 (5) (c) 1., wholesalers, manufacturers, rectifiers, resort manufacturers, brewers, brewpubs, and retailers shall have a separate permit or license covering each location or premises, except a licensed public warehouse, from which deliveries and sales of alcohol beverages are made or at which alcohol beverages are stored.

SB801,33 Section 33. 125.045 of the statutes is amended to read:

SB801,12,14 125.045 Booklet for licensees and permittees. (1) The department office shall prepare a booklet explaining the state statutes and rules relating to the retail sale of alcohol beverages, written concisely in language which is clearly understood by those required to utilize it.

SB801,12,18 (2) The department office shall provide a copy of the booklet under sub. (1) free of charge to each person issued a permit, including a renewal, under s. 125.27 or 125.51 (5). The department office shall provide the booklet for a charge not to exceed cost, as provided under s. 20.908, to municipalities.

SB801,13,2 (3) A municipality shall provide a copy of the booklet under sub. (1) to each person issued a license, including a renewal, under s. 125.17, 125.18, 125.25, 125.26 or 125.51 (1) by the municipality unless the municipality requires the person to complete an instructional program which includes the subject matter of the booklet or unless the person completes the program under s. 125.04 (5) (a) 5. or 125.17 (6). This section does not preclude a municipality from charging a fee for such a program. A municipality may charge for the booklet in an amount not to exceed the amount charged by the department office under sub. (2).

SB801,34 Section 34. 125.06 (11m) of the statutes is amended to read:

SB801,13,8 125.06 (11m) Wine collectors. The sale by a wine collector to any other wine collector of manufacturer-sealed bottles or containers of wine that the selling wine collector has held for at least 8 years if the selling wine collector has provided prior notice of the sale to the department office. No more than one sale in any 12-month period may be conducted by a wine collector under this paragraph.

SB801,35 Section 35. 125.07 (1) (b) 4. of the statutes is amended to read:

SB801,13,12 125.07 (1) (b) 4. The court shall promptly mail notice of a suspension under this paragraph to the department office and to the clerk of each municipality which has issued a license or permit to the person.

SB801,36 Section 36. 125.07 (4) (f) 3. of the statutes is amended to read:

SB801,13,20 125.07 (4) (f) 3. A licensee may not bring a civil action under this paragraph unless the licensee has first provided notice to the underage person or the underage person's parent, as applicable, of the licensee's intent to bring the action. The notice shall be mailed to the last-known address of the underage person or underage person's parent, as applicable, at least 15 days prior to filing the action and shall include a demand for the relief described in subd. 1. The department office may, by rule, prescribe a form for this notice.

SB801,37 Section 37. 125.105 (1) of the statutes is amended to read:

SB801,13,23 125.105 (1) No person may impersonate an inspector, agent or other employee of the department office or of the department of justice.

SB801,38 Section 38. 125.11 (3) of the statutes is created to read:

SB801,14,4 125.11 (3) Inspection violation. Any person who refuses to permit examination of premises as provided in s. 125.025 (3) shall be fined not more than $500 nor less than $50, or imprisoned not more than 90 days nor less than 10 days or both, and any license or permit issued to that person shall be subject to revocation.

SB801,39 Section 39. 125.12 (1) (a) of the statutes is amended to read:

SB801,14,8 125.12 (1) (a) Except as provided in this subsection, any municipality or the department office may revoke, suspend or refuse to renew any license or permit under this chapter, as provided in this section.

SB801,40 Section 40. 125.12 (1) (c) of the statutes is amended to read:

SB801,14,13 125.12 (1) (c) Neither a municipality nor the department office may consider an arrest or conviction for a violation punishable under s. 101.123 (8) (d), 945.03 (2m), 945.04 (2m), or 945.05 (1m) in any action to revoke, suspend, or refuse to renew a Class “B" or “Class B" license or permit.

SB801,41 Section 41. 125.12 (4) (title) of the statutes is amended to read:

SB801,14,16 125.12 (4) (title) Suspension or revocation of licenses on complaint of the department office .

SB801,42 Section 42. 125.12 (4) (ag) (intro.) of the statutes is amended to read:

SB801,14,21 125.12 (4) (ag) Complaint. (intro.) A duly authorized employee of the department office may file a complaint with the clerk of circuit court for the jurisdiction in which the premises of a person holding a license issued under this chapter is situated, alleging one or more of the following about a licensee:

SB801,43 Section 43. 125.12 (5) of the statutes is amended to read:

SB801,15,5 125.12 (5) Revocations or suspensions of, or refusals to renew, permits by the department office. The department office 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) or a violation of s. 125.535 or 139.035, the department office shall revoke the license or permit. A revocation, suspension or refusal to renew is a contested case under ch. 227.

SB801,44 Section 44. 125.12 (6) (a) of the statutes is amended to read:

SB801,15,14 125.12 (6) (a) Any person may file a sworn written complaint with the department office alleging that an intoxicating liquor wholesaler has violated s. 125.54 (7) (a). The complaint shall identify the specific legal basis for the complaint and sufficient facts for the department office to determine whether there is cause to find that a violation has occurred. The department office shall provide a copy of the complaint to any wholesaler against whom allegations are made, along with notice of the time period under par. (b) to show cause why the wholesaler's permit should not be revoked or suspended or to request a hearing.

SB801,45 Section 45. 125.12 (6) (b) of the statutes is amended to read:

SB801,15,19 125.12 (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.

SB801,46 Section 46. 125.12 (6) (c) of the statutes is amended to read:

SB801,16,4 125.12 (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.

SB801,47 Section 47. 125.12 (6) (cm) of the statutes is amended to read:

SB801,16,14 125.12 (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.

SB801,48 Section 48. 125.12 (6) (d) of the statutes is amended to read:

SB801,16,22 125.12 (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.

SB801,17,2 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.

SB801,49 Section 49. 125.12 (6) (dm) of the statutes is amended to read:

SB801,17,13 125.12 (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).

SB801,50 Section 50. 125.12 (6) (e) of the statutes is amended to read:

SB801,17,18 125.12 (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.

SB801,51 Section 51. 125.13 of the statutes is amended to read:

SB801,18,2 125.13 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.

SB801,52 Section 52. 125.14 (2) (c) of the statutes is amended to read:

SB801,18,8 125.14 (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.

SB801,53 Section 53. 125.14 (2) (d) of the statutes is amended to read:

SB801,18,21 125.14 (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.

SB801,54 Section 54. 125.14 (2) (e) of the statutes is amended to read:

SB801,19,10 125.14 (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.

SB801,55 Section 55. 125.14 (2) (f) of the statutes is amended to read:

SB801,20,2 125.14 (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.

SB801,56 Section 56. 125.14 (3) (b) of the statutes is amended to read:

SB801,20,7 125.14 (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.

SB801,57 Section 57. 125.145 of the statutes is amended to read:

SB801,20,14 125.145 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.

SB801,58 Section 58. 125.15 (1) of the statutes is amended to read:

SB801,20,19 125.15 (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:

SB801,20,21 (a) The department office has not rendered a decision within the time periods specified in s. 125.12 (6) (c) to (d).

SB801,20,25 (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.

SB801,59 Section 59. 125.17 (6) (a) (intro.) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

SB801,21,10 125.17 (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: