LRB-0837/1
ARG:klm
2021 - 2022 LEGISLATURE
February 18, 2021 - Introduced by Representatives Tauchen, Dittrich, Duchow,
Hong, Krug, Kurtz, Macco, Milroy, Moses, Neubauer, Novak, Thiesfeldt,
Wittke, Doyle, Vining and Tranel, cosponsored by Senators Stroebel, Roys
and Ballweg. Referred to Committee on State Affairs.
AB71,1,4 1An Act to renumber and amend 125.272 and 125.51 (6); to amend 125.02 (20)
2and 139.25 (9); and to create 125.07 (1) (b) 7., 125.07 (2) (c), 125.272 (2), 125.51
3(6) (b) and 139.11 (1m) of the statutes; relating to: alcohol beverages delivery
4and the face-to-face requirement for retail sales of alcohol beverages.
Analysis by the Legislative Reference Bureau
This bill allows most alcohol beverages retailers to make online or telephone
sales of alcohol beverages and deliver the alcohol beverages to the customer or to
have the alcohol beverages delivered to the customer by an independent third-party
delivery service.
Under current law, with limited exceptions, no person may sell alcohol
beverages to a consumer unless the seller possesses a license or permit authorizing
the sale. A Class “B" license authorizes the retail sale of fermented malt beverages
(beer) for consumption on or off the premises. Except when issued to a winery, a
“Class B" license authorizes the retail sale of intoxicating liquor, which includes wine
and distilled spirits, for consumption on the licensed premises and, subject to certain
restrictions, the retail sale of intoxicating liquor in original packages for
consumption off the licensed premises. Class “A” and “Class A” licenses authorize
the retail sale of, respectively, beer and intoxicating liquor in original packages for
consumption off the licensed premises. Each of these retail licenses is issued by a
municipality.
Also under current law, a retail license authorizes only face-to-face sales of
alcohol beverages to consumers at the licensed premises. After the sale is made on

the licensed premises, if the alcohol beverages are sold for off-premises
consumption, the retailer may deliver the alcohol beverages to a location designated
by the consumer. The sale to the consumer on the licensed premises is governed by
certain requirements, including that the purchaser be of legal drinking age, that the
sale be made only during certain hours, and that the licensed premises be supervised
by a person holding an operator's (bartender's) license.
This bill allows a Class “A”, “Class A”, Class “B” , or “Class B” licensed retailer
to process and fill an online or telephone order for the sale and delivery of both food
and alcohol beverages or alcohol beverages alone (remote order) if all of the following
apply: 1) the products ordered are delivered to the customer by the retailer or by an
independent delivery service that derives less than half its revenues from delivering
alcohol beverages; 2) full payment for the order is made at the time the order is
placed, although a delivery tip is permitted; 3) at the time the order is placed, the
customer asserts that the customer is at least 21 years of age and not intoxicated; and
4) at the time of delivery and prior to transferring possession of the alcohol beverages
to the customer, the retailer or delivery service examines the customer's
identification, verifies visually and by using electronic scanning technology that the
customer is at least 21 years of age, and creates a record of this age verification. Age
verification records must be retained by the retailer for one year. An individual may
not deliver alcohol beverages to a customer unless the individual is at least 21 years
of age and has successfully completed a responsible beverage server training course
or comparable course. Alcohol beverages may not be delivered to a person who is less
than 21 years of age or visibly intoxicated. If alcohol beverages are delivered by a
delivery service to an underage person, the delivery service is liable for the violation,
and the retailer is not liable if the customer asserted when placing the order that he
or she is at least age 21.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB71,1 1Section 1 . 125.02 (20) of the statutes is amended to read:
AB71,2,72 125.02 (20) “Sell", Subject to ss. 125.272 (2) (g) 1. and 125.51 (6) (b) 7. a., “sell,”
3“sold",,” “sale ," or “selling" means any transfer of alcohol beverages with
4consideration or any transfer without consideration if knowingly made for purposes
5of evading the law relating to the sale of alcohol beverages or any shift, device,
6scheme or transaction for obtaining alcohol beverages, including the solicitation of
7orders for, or the sale for future delivery of, alcohol beverages.
AB71,2 8Section 2. 125.07 (1) (b) 7. of the statutes is created to read:
AB71,3,7
1125.07 (1) (b) 7. If a licensee processes and fills a remote order under s. 125.272
2(2) or 125.51 (6) (b) in reliance on the customer's assertion that the customer has
3attained the legal drinking age and delivery is made by a 3rd-party delivery service,
4the licensee is not subject to any penalty under this paragraph and the only penalty
5applicable if the alcohol beverages are delivered to an underage person is that
6specified for the 3rd-party delivery service under ss. 125.272 (2) (h) 1. and 125.51 (6)
7(b) 8. a.
AB71,3 8Section 3. 125.07 (2) (c) of the statutes is created to read:
AB71,3,139 125.07 (2) (c) Exception for certain delivered alcohol beverages. If a licensee
10processes and fills a remote order under s. 125.272 (2) or 125.51 (6) (b) in reliance on
11the customer's assertion that the customer is not intoxicated, the licensee is not
12subject to any penalty under par. (b) unless the licensee delivers the alcohol
13beverages and violates s. 125.272 (2) (d) or 125.51 (6) (b) 4. at the time of delivery.
AB71,4 14Section 4. 125.272 of the statutes is renumbered 125.272 (1) and amended to
15read:
AB71,3,1916 125.272 (1) Except as provided in sub. (2) and ss. 125.26 (2m), (2s), and (2x) and
17125.27 (4) and except with respect to caterers, a retail license issued under s. 125.25
18or 125.26, and a retail permit issued under s. 125.27, authorizes only face-to-face
19sales to consumers at the premises described in the retail license or permit.
AB71,5 20Section 5. 125.272 (2) of the statutes is created to read:
AB71,3,2121 125.272 (2) (a) In this subsection:
AB71,3,2222 1. “Record” has the meaning given in s. 137.11 (12).
AB71,4,223 2. “Remote order” means an order for the sale and delivery of both food and
24alcohol beverages or alcohol beverages alone that is received by a retail licensee by

1means of the Internet, telephone, or any other method of communication under
2which the customer is not physically located on the licensed premises.
AB71,4,43 (b) A retail licensee may process and fill a remote order if all of the following
4apply:
AB71,4,55 1. The licensee holds a retail license issued under s. 125.25 or 125.26.
AB71,4,96 2. The products ordered are delivered to the customer by the licensee or by a
73rd-party delivery service that is independent of the licensee and that derives less
8than 50 percent of its annual revenues associated with food and beverage delivery
9from the delivery of alcohol beverages.
AB71,4,1110 3. Full payment for the order is made at the time the order is placed and no
11payment, other than a tip, is made at the time of delivery.
AB71,4,1312 4. At the time the order is placed, the customer asserts that the customer has
13attained the legal drinking age and is not intoxicated.
AB71,4,1514 5. At the time the products ordered are delivered, the individual delivering the
15order complies with pars. (c), (d), and (e).
AB71,4,1816 (c) An individual may not deliver alcohol beverages to a customer under this
17subsection unless the individual making the delivery does all of the following at the
18time of delivery:
AB71,4,2019 1. Prior to transferring possession of the alcohol beverages to the customer,
20confirms the customer receiving delivery is the person who placed the order.
AB71,4,2521 2. Prior to transferring possession of the alcohol beverages to the customer,
22performs an in-person examination of the customer's identification document
23containing proof of age and verifies by visual examination and by using electronic
24scanning technology that the customer receiving delivery of the order has attained
25the legal drinking age.
AB71,5,1
13. Creates a record of the age verification under subd. 2.
AB71,5,32 (d) An individual may not deliver alcohol beverages under this subsection to
3a person who is visibly intoxicated.
AB71,5,54 (e) An individual may not deliver alcohol beverages to a customer under this
5subsection unless all of the following apply:
AB71,5,66 1. The individual has attained the legal drinking age.
AB71,5,87 2. The individual has successfully completed a responsible beverage server
8training course or comparable training course as described in s. 125.04 (5) (a) 5.
AB71,5,119 (f) A 3rd-party delivery service shall provide to the retail licensee on whose
10behalf the delivery is made an original or duplicate of each age verification record
11required under par. (c) 3.
AB71,5,1512 (g) 1. If a licensee processes and fills a remote order under this subsection, the
13sale of fermented malt beverages occurs at the time the consumer pays for the
14fermented malt beverages, regardless of when the consumer takes possession of the
15fermented malt beverages.
AB71,5,2416 2. Notwithstanding s. 125.33 (9), if a 3rd-party delivery service is unable to
17complete delivery of fermented malt beverages to a customer under this subsection,
18the 3rd-party delivery service may return the fermented malt beverages to the
19licensee from which the fermented malt beverages delivery originated and the
20licensee may, in its discretion, cancel the sale of the fermented malt beverages and
21credit the customer's account. Notwithstanding s. 125.33 (9), if a licensee is unable
22to complete delivery of fermented malt beverages to a customer under this
23subsection, the licensee may, in its discretion, cancel the sale of the fermented malt
24beverages and credit the customer's account.
AB71,6,5
1(h) 1. Delivery of alcohol beverages under this subsection to an underage person
2shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party
3delivery service or s. 125.07 (1) (a) 2. if delivery is made by a licensee, as well as a
4violation for purposes of s. 125.07 (1) (b) 1., subject to the same defenses that apply
5or would apply to a licensee under s. 125.07 (6).
AB71,6,86 2. Delivery of alcohol beverages under this subsection to a visibly intoxicated
7person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a
83rd-party delivery service or s. 125.07 (2) (a) 2. if delivery is made by a licensee.
AB71,6 9Section 6. 125.51 (6) of the statutes is renumbered 125.51 (6) (a) and amended
10to read:
AB71,6,1411 125.51 (6) (a) Except as provided in par. (b) and subs. (3) (bm), (bs), and (bx)
12and (5) (e) and except with respect to caterers, a retail license or permit issued under
13this section authorizes only face-to-face sales to consumers at the premises
14described in the retail license or permit.
AB71,7 15Section 7. 125.51 (6) (b) of the statutes is created to read:
AB71,6,1616 125.51 (6) (b) 1. In this paragraph:
AB71,6,1717 a. “Record” has the meaning given in s. 137.11 (12).
AB71,6,1818 b. “Remote order” has the meaning given in s. 125.272 (2) (a) 2.
AB71,6,2019 2. A retail licensee may process and fill a remote order if all of the following
20apply:
AB71,6,2121 a. The licensee holds a retail license issued under sub. (2) or (3).
AB71,6,2522 b. The products ordered are delivered to the customer by the licensee or by a
233rd-party delivery service that is independent of the licensee and that derives less
24than 50 percent of its annual revenues associated with food and beverage delivery
25from the delivery of alcohol beverages.
AB71,7,2
1c. Full payment for the order is made at the time the order is placed and no
2payment, other than a tip, is made at the time of delivery.
AB71,7,43 d. At the time the order is placed, the customer asserts that the customer has
4attained the legal drinking age and is not intoxicated.
AB71,7,65 e. At the time the products ordered are delivered, the individual delivering the
6order complies with subds. 3., 4., and 5.
AB71,7,97 3. An individual may not deliver alcohol beverages to a customer under this
8paragraph unless the individual making the delivery does all of the following at the
9time of delivery:
AB71,7,1110 a. Prior to transferring possession of the alcohol beverages to the customer,
11confirms the customer receiving delivery is the person who placed the order.
AB71,7,1612 b. Prior to transferring possession of the alcohol beverages to the customer,
13performs an in-person examination of the customer's identification document
14containing proof of age and verifies by visual examination and by using electronic
15scanning technology that the customer receiving delivery of the order has attained
16the legal drinking age.
AB71,7,1717 c. Creates a record of the age verification under subd. 3. b.
AB71,7,1918 4. An individual may not deliver alcohol beverages under this paragraph to a
19person who is visibly intoxicated.
AB71,7,2120 5. An individual may not deliver alcohol beverages to a customer under this
21paragraph unless all of the following apply:
AB71,7,2222 a. The individual has attained the legal drinking age.
AB71,7,2423 b. The individual has successfully completed a responsible beverage server
24training course or comparable training course as described in s. 125.04 (5) (a) 5.
AB71,8,3
16. A 3rd-party delivery service shall provide to the retail licensee on whose
2behalf the delivery is made an original or duplicate of each age verification record
3required under subd. 3. c.
AB71,8,64 7. a. If a licensee processes and fills a remote order under this paragraph, the
5sale of intoxicating liquor occurs at the time the consumer pays for the intoxicating
6liquor, regardless of when the consumer takes possession of the intoxicating liquor.
AB71,8,157 b. Notwithstanding s. 125.69 (6), if a 3rd-party delivery service is unable to
8complete delivery of intoxicating liquor to a customer under this paragraph, the
93rd-party delivery service may return the intoxicating liquor to the licensee from
10which the intoxicating liquor delivery originated and the licensee may, in its
11discretion, cancel the sale of the intoxicating liquor and credit the customer's
12account. Notwithstanding s. 125.69 (6), if a licensee is unable to complete delivery
13of intoxicating liquor to a customer under this paragraph, the licensee may, in its
14discretion, cancel the sale of the intoxicating liquor and credit the customer's
15account.
AB71,8,2016 8. a. Delivery of alcohol beverages under this paragraph to an underage person
17shall be considered a violation of s. 125.07 (1) (a) 1. if delivery is made by a 3rd-party
18delivery service or s. 125.07 (1) (a) 2. if delivery is made by a licensee, as well as a
19violation for purposes of s. 125.07 (1) (b) 1., subject to the same defenses that apply
20or would apply to a licensee under s. 125.07 (6).
AB71,8,2321 b. Delivery of alcohol beverages under this paragraph to a visibly intoxicated
22person shall be considered a violation of s. 125.07 (2) (a) 1. if delivery is made by a
233rd-party delivery service or s. 125.07 (2) (a) 2. if delivery is made by a licensee.
AB71,8 24Section 8 . 139.11 (1m) of the statutes is created to read:
AB71,9,3
1139.11 (1m) Age verification records for delivered alcohol beverages. (a)
2If a retail licensee processes and fills a remote order under s. 125.272 (2) or 125.51
3(6) (b), the records required under sub. (1) shall include all of the following:
AB71,9,54 1. All age verification records created by the licensee as required under ss.
5125.272 (2) (c) 3. and 125.51 (6) (b) 3. c.
AB71,9,76 2. All age verification records provided to the licensee by a 3rd-party delivery
7service under ss. 125.272 (2) (f) and 125.51 (6) (b) 6.
Loading...
Loading...