SB801: Bill Text

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:

SB801,60 Section 60. 125.19 (1) of the statutes is amended to read:

SB801,21,16 125.19 (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.

SB801,61 Section 61. 125.27 (1) (a) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

SB801,22,2 125.27 (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.

SB801,62 Section 62. 125.27 (2) (a) 1. (intro.) of the statutes is amended to read:

SB801,22,8 125.27 (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:

SB801,63 Section 63. 125.27 (2) (a) 2. of the statutes is amended to read:

SB801,22,18 125.27 (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.

SB801,64 Section 64. 125.27 (3) (b) of the statutes is amended to read:

SB801,22,23 125.27 (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.

SB801,65 Section 65. 125.275 (1) of the statutes is amended to read:

SB801,23,5 125.275 (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).

SB801,66 Section 66. 125.275 (3) of the statutes is amended to read:

SB801,23,9 125.275 (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.

SB801,67 Section 67. 125.28 (1) (a) of the statutes is amended to read:

SB801,23,16 125.28 (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.

SB801,68 Section 68. 125.28 (1) (b) of the statutes is amended to read:

SB801,24,3 125.28 (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.

SB801,69 Section 69. 125.28 (2) (e) 2. of the statutes is amended to read:

SB801,24,10 125.28 (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.

SB801,70 Section 70. 125.28 (4) of the statutes is amended to read:

SB801,24,17 125.28 (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).

SB801,71 Section 71. 125.28 (5) (b) of the statutes is amended to read:

SB801,24,25 125.28 (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.

SB801,72 Section 72. 125.28 (5) (d) 3. of the statutes is amended to read:

SB801,25,4 125.28 (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.

SB801,73 Section 73. 125.28 (5) (e) of the statutes is amended to read:

SB801,25,15 125.28 (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.

SB801,74 Section 74. 125.29 (1) of the statutes is amended to read:

SB801,25,19 125.29 (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).

SB801,75 Section 75. 125.29 (3) (intro.) of the statutes is amended to read:

SB801,25,22 125.29 (3) Authorized activities. (intro.) The department office shall issue brewer's permits to eligible applicants authorizing all of the following:

SB801,76 Section 76. 125.295 (1) (intro.) of the statutes is amended to read:

SB801,25,25 125.295 (1) (intro.) The department office shall issue brewpub permits to eligible applicants authorizing all of the following:

SB801,77 Section 77. 125.295 (2) (b) of the statutes is amended to read:

SB801,26,9 125.295 (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.

SB801,78 Section 78. 125.295 (2) (c) of the statutes is amended to read:

SB801,26,20 125.295 (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).

SB801,79 Section 79. 125.295 (4) of the statutes is amended to read:

SB801,26,24 125.295 (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.

SB801,80 Section 80. 125.295 (5) of the statutes is amended to read:

SB801,27,2 125.295 (5) The department office shall promulgate rules and prescribe forms to ensure strict compliance with the requirements under this section.

SB801,81 Section 81. 125.30 (1) of the statutes is amended to read:

SB801,27,14 125.30 (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.

SB801,82 Section 82. 125.30 (2) (intro.) of the statutes is amended to read:

SB801,27,20 125.30 (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:

SB801,83 Section 83. 125.30 (2) (b) of the statutes is amended to read:

SB801,27,24 125.30 (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

SB801,84 Section 84. 125.30 (3) of the statutes is amended to read:

SB801,28,12 125.30 (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.

SB801,85 Section 85. 125.30 (4) of the statutes is amended to read:

SB801,28,21 125.30 (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.

SB801,86 Section 86. 125.30 (5) of the statutes is amended to read:

SB801,28,25 125.30 (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.

SB801,87 Section 87. 125.33 (2) (a) of the statutes is amended to read:

SB801,29,10 125.33 (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.

SB801,88 Section 88. 125.33 (2) (d) of the statutes is amended to read:

SB801,29,21 125.33 (2) (d) Sell to a campus or Class “B" licensee or permittee at fair market value equipment designed and intended to preserve and maintain the sanitary dispensing of fermented malt beverages or any services necessary to maintain this kind of equipment. A brewer, brewpub, or wholesaler shall charge the same price per unit of equipment to each campus or Class “B" licensee or permittee making the same or a similar purchase, and shall charge the same rate to each campus or Class “B" licensee or permittee purchasing maintenance services under this subdivision. Each brewer, brewpub, or wholesaler shall keep records of each transaction under this subdivision and shall make the records available to the department office upon request.

SB801,89 Section 89. 125.51 (2) (am) of the statutes is amended to read:

SB801,30,11 125.51 (2) (am) In addition to the authorization under par. (a) and s. 125.06 (13), a “Class A" license authorizes the licensee to provide, free of charge, to customers and visitors who have attained the legal drinking age, taste samples of intoxicating liquor other than wine that are not in original packages or containers and that do not exceed 0.5 fluid ounces each, for consumption on the “Class A" premises. No “Class A" licensee may provide more than one such taste sample per day to any one person. Taste samples may be provided under this paragraph only between the hours of 11 a.m. and 7 p.m. Any representative of a manufacturer, rectifier, resort manufacturer, winery, or out-of-state shipper issued a permit under s. 125.52, 125.525, 125.53, or 125.58 may assist the “Class A" licensee in dispensing or serving the taste samples. No “Class A" licensee may provide as taste samples under this paragraph intoxicating liquor other than wine that the “Class A" licensee did not purchase from a wholesaler, unless the taste samples were manufactured or rectified by a resort manufacturer that holds the “Class A” license.

SB801,90 Section 90. 125.51 (5) (a) 1. of the statutes is amended to read:

SB801,30,25 125.51 (5) (a) 1. The department office shall issue “Class B" permits to clubs that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs which are operated solely for curling, ski jumping, or yachting. A “Class B" permit may be issued only to a club that holds a valid certificate issued under s. 73.03 (50), that is not open to the general public, and that is located in a municipality that does not issue “Class B" licenses or to a club located in a municipality that issues “Class B" licenses, if the club holds a valid certificate issued under s. 73.03 (50), is not open to the general public, was not issued a license under s. 176.05 (4a), 1979 stats., and does not currently hold a “Class B" license. The permits may be issued by the department office without regard to any quota under sub. (4). The holder of a “Class B" permit may sell intoxicating liquor for consumption by the glass and not in the original package or container on the premises covered by the permit.

SB801,91 Section 91. 125.51 (5) (a) 4. of the statutes is amended to read:

SB801,31,8 125.51 (5) (a) 4. The department office may annually issue a “Class B" permit to any club that holds a valid certificate issued under s. 73.03 (50), is organized to engage in sports similar to curling, golf, tennis or yachting and that held a license from July 1, 1950, to June 30, 1951, as long as it is continuously operated under substantially the same circumstances under which it operated during the year beginning July 1, 1950, if the club is located in a municipality that does not issue “Class B" licenses.

SB801,92 Section 92. 125.51 (5) (b) 2. of the statutes is amended to read:

SB801,31,16 125.51 (5) (b) 2. The department office shall issue a “Class B" permit to a concessionaire that holds a valid certificate issued under s. 73.03 (50) and that conducts business in an operating airport or public facility, if the county or municipality which owns the airport or public facility has, by resolution of its governing body, annually applied to the department office for the permit. The permit authorizes the sale of intoxicating liquor for consumption by the glass and not in the original package or container on the premises.

SB801,93 Section 93. 125.51 (5) (b) 4. of the statutes is amended to read:

SB801,31,19 125.51 (5) (b) 4. The department office may not issue a permit under this paragraph to any county or municipality or officer or employee thereof.

SB801,94 Section 94. 125.51 (5) (c) 1. of the statutes is amended to read:

SB801,32,14 125.51 (5) (c) 1. 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 intoxicating liquor 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 the vessel either serves food and has an approved passenger capacity of not less than 40 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50 percent of the gross receipts of all of the food and beverages served on the vessel or if the vessel has an approved passenger capacity of at least 100 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50 percent of the gross receipts of the vessel. The department office may issue the permit only if the vessel leaves its place of mooring while the sale of intoxicating liquor is taking place and if the vessel fulfills the requirement under par. (c) 1m. A permit issued under this subdivision also authorizes the permittee to store intoxicating liquor 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 intoxicating liquor will be stored. The premises shall be open to inspection by the department office upon request.

SB801,95 Section 95. 125.51 (5) (d) 2. of the statutes is amended to read:

SB801,32,23 125.51 (5) (d) 2. 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 intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. The permit also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed 4 liters at any one time, to be consumed off the premises where sold, except that wine is not subject to the 4-liter limitation.

SB801,96 Section 96. 125.52 (1) (a) of the statutes is amended to read:

SB801,33,5 125.52 (1) (a) The department office shall issue manufacturers' and rectifiers' permits which authorize the manufacture or rectification, respectively, of intoxicating liquor on the premises covered by the permit. A person holding a manufacturer's or rectifier's permit may manufacture and bottle wine, pursuant to the terms of the permit, without procuring a winery permit.

SB801,97 Section 97. 125.52 (1) (b) 1. of the statutes is amended to read:

SB801,33,12 125.52 (1) (b) 1. A manufacturer's or rectifier's permit entitles the permittee to sell intoxicating liquor to wholesalers holding a permit under s. 125.54, to wineries holding a permit under s. 125.53, to resort manufacturers holding a permit under s. 125.525, and to other manufacturers and rectifiers holding a permit under this section, from the premises described in the permit. Except as provided in subd. 2., no sales may be made for consumption on the premises of the permittee.

SB801,98 Section 98. 125.52 (1) (b) 2. of the statutes is amended to read:

SB801,34,2 125.52 (1) (b) 2. Notwithstanding s. 125.09 (1), a manufacturer's or rectifier's permit authorizes the retail sale of intoxicating liquor that is manufactured or rectified on the premises, for consumption on or off the premises. A manufacturer's or rectifier's permit also authorizes the provision of taste samples, free of charge and in an amount not exceeding a total of 1.5 fluid ounces to any one person, of intoxicating liquor that is manufactured or rectified on the premises, for consumption on the premises. The department office may prescribe additional regulations for the sale of intoxicating liquor under this subdivision, if the additional regulations do not conflict with the requirements applicable to holders of “Class B" licenses. Notwithstanding any other provision of this chapter, the authorization under this subdivision applies with respect to a person who holds any permit under this section, a winery permit under s. 125.53, and either a “Class A" license or a “Class B" license issued under s. 125.51 (3) (am), all issued for the same premises or portions of the same premises.

SB801,99 Section 99. 125.52 (2) of the statutes is amended to read:

SB801,34,9 125.52 (2) Limited manufacturer's permit. The department office shall issue a limited manufacturer's permit which authorizes the use or sale of the intoxicating liquor produced only if it is rendered unfit for use as a beverage and is used or sold for use as fuel. The department office shall notify the department of natural resources of the name and address of any person to whom a limited manufacturer's permit is issued.

SB801,100 Section 100. 125.52 (3) of the statutes is amended to read:

SB801,34,17 125.52 (3) Persons eligible. Except as provided under sub. (8) and s. 125.69, a manufacturer's or rectifier's permit may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.

SB801,101 Section 101. 125.52 (8) of the statutes is created to read:

SB801,34,22 125.52 (8) Resort manufacturers. Neither a manufacturer's permit nor a rectifier's permit may be issued under this section to any person that holds, or has a direct or indirect ownership interest in a premises operating under, a resort manufacturer permit issued under s. 125.525.

SB801,102 Section 102. 125.525 of the statutes is created to read: