SB801: Bill Text

SB801,119 Section 119. 125.545 (7) of the statutes is amended to read:

SB801,43,2 125.545 (7) Penalties. (a) Any winery that sells or distributes its wine directly to a retailer, rather than through a wholesaler or cooperative wholesaler, is subject to a fine of not more than $10,000 and revocation of all of its permits by the department office under s. 125.12 (5).

SB801,43,6 (b) Any cooperative wholesaler that provides preferential treatment to a Wisconsin winery or discriminates against an out-of-state winery is subject to a fine of not more than $10,000 and revocation of its wholesaler's permit by the department office under s. 125.12 (5).

SB801,120 Section 120. 125.55 (1) of the statutes is amended to read:

SB801,43,9 125.55 (1) The department office may issue a combination manufacturer's and rectifier's permit.

SB801,121 Section 121. 125.56 (2) (a) of the statutes is amended to read:

SB801,43,15 125.56 (2) (a) The department office shall issue sacramental wine permits to organized religious bodies authorizing them to purchase for their own use sacramental wine from any permittee under s. 125.52 (1), 125.53 or 125.54. A permit under this subsection does not authorize the resale of sacramental wine by the permittee.

SB801,122 Section 122. 125.56 (2) (c) of the statutes is amended to read:

SB801,43,19 125.56 (2) (c) Shipments of sacramental wine shall be conspicuously labeled “for sacramental purposes" and shall meet any other requirements the department office prescribes by rule.

SB801,123 Section 123. 125.56 (2) (d) of the statutes is amended to read:

SB801,43,22 125.56 (2) (d) A sacramental wine permit shall be issued free of charge by the department office and is not subject to s. 125.04 (11) (a).

SB801,124 Section 124. 125.58 (1) of the statutes is amended to read:

SB801,44,17 125.58 (1) The department office 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 and shipped for use for production purposes, to a person holding a manufacturer's or rectifier's permit under s. 125.52, a resort manufacturer 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.

SB801,125 Section 125. 125.60 (1) of the statutes is amended to read:

SB801,44,23 125.60 (1) The department office may issue a wholesale alcohol permit which authorizes the permittee to sell ethyl alcohol of 190 proof or more to persons holding permits or licenses issued under s. 125.61 or 125.62. Nothing in this section requires manufacturers, rectifiers and wholesalers holding permits issued under s. 125.52 (1) or 125.54 to obtain a wholesale alcohol permit.

SB801,126 Section 126. 125.61 (1) of the statutes is amended to read:

SB801,45,4 125.61 (1) The department office may issue a medicinal alcohol permit which authorizes the permittee to purchase and use alcohol for medicinal purposes only. The permit may be issued only to persons who prove to the department office that they use alcohol for medicinal purposes.

SB801,127 Section 127. 125.61 (3) of the statutes is amended to read:

SB801,45,8 125.61 (3) Shipments of medicinal alcohol shall be conspicuously labeled “for medicinal purposes" and shall meet other requirements which the department office prescribes by rule.

SB801,128 Section 128. 125.61 (4) of the statutes is amended to read:

SB801,45,11 125.61 (4) A medicinal permit shall be issued free of charge by the department office and is not subject to s. 125.04 (11) (a).

SB801,129 Section 129. 125.62 (1) of the statutes is amended to read:

SB801,45,16 125.62 (1) The department office may issue an industrial alcohol permit which authorizes the permittee to purchase and use alcohol 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.

SB801,130 Section 130. 125.62 (3) of the statutes is amended to read:

SB801,45,20 125.62 (3) Shipments of industrial alcohol shall be conspicuously labeled “for industrial purposes" and shall meet other requirements which the department office prescribes by rule.

SB801,131 Section 131. 125.63 (1) of the statutes is amended to read:

SB801,45,25 125.63 (1) The department office may issue an industrial wine permit which authorizes the purchase and use of wine for industrial purposes only. An industrial wine permit may be issued only to persons who prove to the department office that they use wine for industrial purposes.

SB801,132 Section 132. 125.63 (3) of the statutes is amended to read:

SB801,46,4 125.63 (3) Shipments of industrial wine shall be conspicuously labeled “for industrial purposes" and shall meet other requirements which the department office prescribes by rule.

SB801,133 Section 133. 125.65 (1) of the statutes is amended to read:

SB801,46,10 125.65 (1) The department office may issue a permit for wholesale sales for future delivery which authorizes the permittee to solicit orders, and to engage in the sale, of intoxicating liquor for delivery at a future date. A person holding a permit under this section may give a sample of a brand of intoxicating liquor to a “Class A" licensee who has not previously purchased that brand from the permittee.

SB801,134 Section 134. 125.65 (4) (intro.) of the statutes is amended to read:

SB801,46,13 125.65 (4) (intro.) The department office shall require the following information in applications for permits under this section:

SB801,135 Section 135. 125.65 (4) (e) of the statutes is amended to read:

SB801,46,15 125.65 (4) (e) Any other information required by the department office.

SB801,136 Section 136. 125.65 (6) of the statutes is amended to read:

SB801,46,21 125.65 (6) Employers shall furnish the department office with the names of all employees engaged in activities requiring a permit under this section and shall notify the department office whenever an employee begins or terminates employment. Upon leaving employment, an employee shall submit his or her permit to the department office for cancellation.

SB801,137 Section 137. 125.65 (10) of the statutes is amended to read:

SB801,46,25 125.65 (10) The department office may not require a fee for a permit under this section for an individual who is eligible for the veterans fee waiver program under s. 45.44.

SB801,138 Section 138. 125.68 (9) (b) of the statutes is amended to read:

SB801,47,5 125.68 (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 resort manufacturer and the name of the intoxicating liquor. The label shall meet any other labeling requirements created by the federal alcohol administration act.

SB801,139 Section 139. 125.68 (9) (d) of the statutes is amended to read:

SB801,47,9 125.68 (9) (d) All packages or containers of intoxicating liquor delivered in this state shall bear seals affixed by the manufacturer or resort manufacturer so that the contents cannot be removed without breaking the seals.

SB801,140 Section 140. 125.68 (9) (f) of the statutes is amended to read:

SB801,47,17 125.68 (9) (f) Every person manufacturing, rectifying or blending intoxicating liquor sold in this state shall provide the department office with the names, brands, descriptions, alcoholic content by volume and any other information about the intoxicating liquor required by the department office. Information required by this paragraph shall be submitted prior to placing any new blend on the market. The department office may also require by rule that samples of new products be submitted for examination and analysis.

SB801,141 Section 141. 125.68 (10) of the statutes is amended to read:

SB801,47,24 125.68 (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 resort manufacturer permit under s. 125.525, or a winery permit under s. 125.53.

SB801,48,7 (b) Except as provided in s. 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 resort manufacturer 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.

SB801,142 Section 142. 125.69 (title) of the statutes is amended to read:

SB801,48,10 125.69 (title) Restrictions on dealings between manufacturers, rectifiers, resort manufacturers, wholesalers, and retailers.

SB801,143 Section 143. 125.69 (1) (a) of the statutes is renumbered 125.69 (1) (a) 1. and amended to read:

SB801,48,17 125.69 (1) (a) 1. No Except as provided in subds. 2. and 3., no intoxicating liquor manufacturer, rectifier, resort manufacturer, 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 .

SB801,48,22 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.

SB801,144 Section 144. 125.69 (1) (a) 3. of the statutes is created to read:

SB801,48,25 125.69 (1) (a) 3. A person may hold a resort manufacturer permit and “Class A” licenses as provided in s. 125.525 (4) (a) and (c).

SB801,145 Section 145. 125.69 (1) (b) 1. of the statutes is amended to read:

SB801,49,8 125.69 (1) (b) 1. Except as provided under subds. 3., 4., and 5., no intoxicating liquor manufacturer, rectifier, resort manufacturer, 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, resort manufacturer, winery, out-of-state shipper, or wholesale permit or establishment.

SB801,146 Section 146. 125.69 (1) (b) 3. of the statutes is created to read:

SB801,49,11 125.69 (1) (b) 3. A person may hold a resort manufacturer permit and “Class B” licenses as provided in s. 125.525 (4) (a) and (b).

SB801,147 Section 147. 125.69 (1) (c) of the statutes is amended to read:

SB801,49,18 125.69 (1) (c) No manufacturer, rectifier, resort manufacturer, 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. 125.525 and 125.53, no retail licensee may hold any direct or indirect interest in any manufacturer, rectifier, resort manufacturer, winery, or out-of-state shipper permittee.

SB801,148 Section 148. 125.69 (4) (e) of the statutes is amended to read:

SB801,49,25 125.69 (4) (e) Costs. The cost of administering this subsection shall be charged to the manufacturer, rectifier and wholesaler permittees. The department office 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 office. All moneys collected by the office under this paragraph shall be credited to the appropriation account under s. 20.566 (9) (g).

SB801,149 Section 149. 125.69 (6) (a) of the statutes is amended to read:

SB801,50,5 125.69 (6) (a) No Except as provided in s. 125.525 (2) (g), 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.

SB801,150 Section 150. 125.70 of the statutes is amended to read:

SB801,50,18 125.70 Trade show samples. A manufacturer, rectifier, resort manufacturer, 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 resort manufacturer with respect to premises operating under a “Class B” license held by the resort manufacturer.

SB801,151 Section 151. 139.01 (4) of the statutes is amended to read:

SB801,50,23 139.01 (4) “License," and “fermented malt beverages" have the same meaning as in s. 125.02, and “licensed premises" are premises described in licenses and permits issued by the department office, cities, villages, or towns under the authority of said section.

SB801,152 Section 152. 139.01 (5) of the statutes is amended to read:

SB801,51,4 139.01 (5) A “manufacturer" is a person, other than a rectifier or resort manufacturer, 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.

SB801,153 Section 153. 139.01 (5g) of the statutes is created to read:

SB801,51,6 139.01 (5g) “Office” means the office of alcohol beverages enforcement.

SB801,154 Section 154. 139.01 (6) of the statutes is amended to read:

SB801,51,21 139.01 (6) A “rectifier" is a person, other than a resort manufacturer, 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.

SB801,155 Section 155. 139.01 (6m) of the statutes is created to read:

SB801,51,23 139.01 (6m) “Resort manufacturer” means a permittee under s. 125.525.

SB801,156 Section 156. 139.01 (10) of the statutes is amended to read:

SB801,52,4 139.01 (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 resort manufacturer who sells such liquors to licensed retailers or other permittees for the purpose of resale.

SB801,157 Section 157. 139.03 (2x) (a) of the statutes is amended to read:

SB801,52,12 139.03 (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, resort manufacturer, 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).

SB801,158 Section 158. 139.03 (5) (a) of the statutes is amended to read:

SB801,52,21 139.03 (5) (a) No person who enters this state from another state may have in his or her possession and bring into the state any intoxicating liquor or wine. The prohibition in this paragraph does not apply to a person who changes his or her domicile from another state or a foreign country to this state and who brings into this state intoxicating liquor and wine constituting household goods. The prohibition in this paragraph does not apply to intoxicating liquor or wine consigned to any person having a permit from the secretary office to engage in the sale of such intoxicating liquor or wine.

SB801,159 Section 159. 139.04 (4) of the statutes is amended to read:

SB801,52,25 139.04 (4) Sale or shipment of fermented malt beverages by a brewer to a bottler or of intoxicating liquor in bulk between manufacturers, rectifiers, resort manufacturers, and wineries.

SB801,160 Section 160. 139.06 (3) of the statutes is amended to read:

SB801,53,8 139.06 (3) In shipping intoxicating liquor in bulk for the purpose of bottling or rectifying to a rectifier or resort manufacturer 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.

SB801,161 Section 161. 139.08 (3) of the statutes is amended to read:

SB801,53,12 139.08 (3) Police powers. The department of revenue shall enforce and the duly authorized employees of the department shall have all necessary police powers to prevent violations of s. 134.65, and this subchapter and ch. 125.