AB304: Bill Text

AB304,31 Section 31. 125.04 (3) (j) of the statutes is amended to read:

AB304,29,23 125.04 (3) (j) Penalty for materially false application information, affidavit representation. Any person who knowingly provides materially false information in an application for a license or permit under this chapter or on a form under par. (k), and any person who materially violates any representation made in an affidavit under s. 125.20 (6) (a) 6. or (c) 4., may be required to forfeit not more than $1,000.

AB304,32 Section 32. 125.04 (3) (k) of the statutes is created to read:

AB304,30,6 125.04 (3) (k) Approval of full-service retail outlets. The division shall prepare a form for use by a brewer, winery, manufacturer, or rectifier to request approval for a full-service retail outlet under s. 125.29 (7) (d) 1., 125.52 (4) (d) 1., or 125.53 (3) (d) 1. The form shall be similar to the form for a retail license application under par. (a). An applicant shall use the form to submit a request for approval of a full-service retail outlet under s. 125.29 (7) (d) 1., 125.52 (4) (d) 1., or 125.53 (3) (d) 1.

AB304,33 Section 33 . 125.04 (4) of the statutes is amended to read:

AB304,30,13 125.04 (4) List of licensees. By July 15 annually, the clerk of a municipality issuing licenses shall mail to the department division 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).

AB304,34 Section 34. 125.04 (5) (a) 5. of the statutes is amended to read:

AB304,30,24 125.04 (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 division 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, or an operator's permit.

AB304,35 Section 35 . 125.04 (5) (d) 1. of the statutes is amended to read:

AB304,31,5 125.04 (5) (d) 1. Paragraph (a) 2. does not apply to applicants for operators' licenses issued under s. 125.17, to applicants for operators' permits issued under s. 125.175, or to applicants for managers' licenses issued under s. 125.18. Managers' licenses may be issued only to applicants who are residents of this state at the time of issuance.

AB304,36 Section 36 . 125.04 (5) (d) 2. of the statutes is amended to read:

AB304,31,10 125.04 (5) (d) 2. Paragraph (a) 3. does not apply to applicants for operators' licenses under s. 125.17 or to applicants for operators' permits under s. 125.175. Operators' licenses and operators' permits may be issued only to applicants who have attained the age of 18.

AB304,37 Section 37 . 125.04 (5) (d) 3. a. of the statutes is amended to read:

AB304,31,13 125.04 (5) (d) 3. a. Applicants for operators' licenses under s. 125.17 and for operators' permits under s. 125.175.

AB304,38 Section 38. 125.04 (6) (g) of the statutes is amended to read:

AB304,31,19 125.04 (6) (g) Forms. If the department division or any municipality prepares a form relating to the appointment of an agent under this subsection, including any cancellation of an appointment or appointment of a successor agent, the form may not require the signature of more than one person signing on behalf of the corporation or limited liability company submitting the form.

AB304,39 Section 39. 125.04 (8) (title) of the statutes is amended to read:

AB304,31,21 125.04 (8) (title) Payment of license fee; permit fees.

AB304,40 Section 40. 125.04 (8) of the statutes is renumbered 125.04 (8) (a).

AB304,41 Section 41. 125.04 (8) (b) of the statutes is created to read:

AB304,32,3 125.04 (8) (b) Unless the department established a different permit fee before the effective date of this paragraph .... [LRB inserts date], and except as provided in ss. 125.175 (3), 125.22 (1) (e), 125.23 (1) (c), 125.27 (5) (f), 125.28 (4), 125.295 (4), 125.51 (5) (f) 5., 125.535 (2), and 125.65 (10), the division shall charge an annual fee of $500 for each permit issued by the division under this chapter.

AB304,42 Section 42 . 125.04 (8) (b) of the statutes, as created by 2023 Wisconsin Act .... (this act), is amended to read:

AB304,32,10 125.04 (8) (b) Unless the department established a different permit fee before the effective date of this paragraph .... [LRB inserts date], and except as provided in ss. 125.175 (3), 125.22 (1) (e), 125.23 (1) (c), 125.24 (1) (e), 125.27 (5) (f), 125.28 (4), 125.295 (4), 125.51 (5) (f) 5., 125.535 (2), and 125.65 (10), the division shall charge an annual fee of $500 for each permit issued by the division under this chapter.

AB304,43 Section 43. 125.04 (12) (a) of the statutes is amended to read:

AB304,32,21 125.04 (12) (a) From place to place. Every alcohol beverage license or permit may be transferred to another place or premises within the same municipality. An alcohol beverage warehouse permit under s. 125.19, a winery permit under s. 125.53, or an intoxicating liquor a wholesaler's permit under s. 125.28 or 125.54 may be transferred to another premises within this state. Transfers shall be made by the issuing authority upon payment of a fee of $10 to the issuing authority. No retail licensee, retail permittee, intoxicating liquor wholesaler permittee, or holder of a warehouse or winery permit is entitled to more than one transfer during the license or permit year. This paragraph does not apply to a license issued under s. 125.51 (4) (v) or to a reserve “Class B" license, as defined in s. 125.51 (4) (a).

AB304,44 Section 44. 125.045 (title) of the statutes is amended to read:

AB304,32,24 125.045 (title) Booklet for licensees and permittees; safe ride program information.

AB304,45 Section 45. 125.045 (1) of the statutes is amended to read:

AB304,33,3 125.045 (1) The department division 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.

AB304,46 Section 46. 125.045 (2) of the statutes is renumbered 125.045 (2) (a) and amended to read:

AB304,33,9 125.045 (2) (a) The department division shall provide a copy of the booklet under sub. (1) free of charge to each person issued a permit, including a renewal, under s. 125.175, 125.27, or 125.51 (5). The department division shall provide the booklet for a charge not to exceed cost, as provided under s. 20.908, to municipalities.

AB304,47 Section 47 . 125.045 (2) (b) of the statutes is created to read:

AB304,33,13 125.045 (2) (b) The division shall provide to each person initially issued a permit under s. 125.27 or 125.51 (5) information regarding the safe ride program described in s. 85.55.

AB304,48 Section 48. 125.045 (3) of the statutes is renumbered 125.045 (3) (a) and amended to read:

AB304,33,23 125.045 (3) (a) 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 division under sub. (2) (a).

AB304,49 Section 49 . 125.045 (3) (b) of the statutes is created to read:

AB304,34,3 125.045 (3) (b) A municipality shall provide to each person initially issued a license under s. 125.26 (1) or 125.51 (3) or (3m) information regarding the safe ride program described in s. 85.55.

AB304,50 Section 50. 125.06 (1) of the statutes is amended to read:

AB304,34,9 125.06 (1) Brewers' premises. The furnishing, by brewers, of fermented malt beverages free of charge to customers, visitors, and employees on the brewery premises if the fermented malt beverages are consumed on the brewery premises and are not furnished or consumed in or near any room or place where intoxicating liquor is sold.

AB304,51 Section 51 . 125.06 (3g) of the statutes is amended to read:

AB304,34,19 125.06 (3g) Wine or fermented malt beverages made at supply stores. The manufacture of wine or fermented malt beverages by any person at a business primarily engaged in selling supplies and equipment for use by homebrewers or home winemakers, and, notwithstanding s. 125.09 (1), the tasting at the business of wine or fermented malt beverages so manufactured, if the wine or fermented malt beverages are not sold or offered for sale. Wine or fermented malt beverages provided at a business for tasting under this subsection may only be provided by a person who holds an operator's license issued under s. 125.17 or an operator's permit issued under s. 125.175.

AB304,52 Section 52 . 125.06 (11m) of the statutes is amended to read:

AB304,34,25 125.06 (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 division. No more than one sale in any 12-month period may be conducted by a wine collector under this paragraph.

AB304,53 Section 53. 125.06 (13) of the statutes is repealed.

AB304,54 Section 54 . 125.07 (1) (b) 4. of the statutes is amended to read:

AB304,35,5 125.07 (1) (b) 4. The court shall promptly mail notice of a suspension under this paragraph to the department division and to the clerk of each municipality which has issued a license or permit to the person.

AB304,55 Section 55 . 125.07 (3) (a) 3. of the statutes is amended to read:

AB304,35,17 125.07 (3) (a) 3. Hotels, drug stores, grocery stores, bowling centers, movie theaters, painting studios, billiards centers having on the premises 12 or more billiards tables that are not designed for coin operation and that are 8 feet or longer in length, indoor golf simulator facilities, indoor golf and baseball facilities on premises for which the only alcohol beverage license issued is a Class “B" license, axe throwing facilities on premises operated under Class “B” or “Class B” licenses, service stations, vessels, cars operated by any railroad, regularly established athletic fields, outdoor volleyball courts that are contiguous to a licensed premises, stadiums, music festival venues during an event with a projected attendance of at least 2,500 persons, public facilities as defined in s. 125.51 (5) (b) 1. d. which are owned by a county or municipality or centers for the visual or performing arts.

AB304,56 Section 56 . 125.07 (3) (a) 10. of the statutes is amended to read:

AB304,36,2 125.07 (3) (a) 10. An underage person who enters or remains on Class “B" or “Class B" licensed premises on a date specified by the licensee or permittee during times when no alcohol beverages are consumed, sold or given away. During those times, the licensee, the agent named in the license if the licensee is a corporation or limited liability company or a person who has an operator's license or operator's permit shall be on the premises unless all alcohol beverages are stored in a locked portion of the premises. The licensee shall notify the local law enforcement agency, in advance, of the times underage persons will be allowed on the premises under this subdivision.

AB304,57 Section 57. 125.07 (3) (a) 16. of the statutes is amended to read:

AB304,36,6 125.07 (3) (a) 16. An underage person who enters or remains in a banquet or hospitality room on winery premises operated under a “Class A" or “Class B" license for the purpose of attending a winery tour.

AB304,58 Section 58 . 125.07 (4) (f) 3. of the statutes is amended to read:

AB304,36,14 125.07 (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 division may, by rule, prescribe a form for this notice.

AB304,59 Section 59 . 125.09 (1) of the statutes is renumbered 125.09 (1) (a) and amended to read:

AB304,36,20 125.09 (1) (a) No owner, lessee, or person in charge of a public place may permit the consumption of alcohol beverages on the premises property of the public place, unless the person has an appropriate retail license or permit or a no-sale event venue permit.

AB304,37,2 (d) This subsection does not apply to municipalities, buildings and parks owned by counties, regularly established athletic fields and stadiums, school buildings, campuses of private colleges, as defined in s. 16.99 (3g), at the place and time an event sponsored by the private college is being held, churches, premises in a state fair park or clubs. This subsection also does not apply to the consumption of fermented malt beverages on commercial quadricycles except in municipalities that have adopted ordinances under s. 125.10 (5) (a).

AB304,60 Section 60 . 125.09 (1) (b) and (c) of the statutes are created to read:

AB304,37,5 125.09 (1) (b) For purposes of par. (a), a public place includes a venue, location, open space, room, or establishment that is any of the following:

AB304,37,6 1. Accessible and available to the public to rent for an event or social gathering.

AB304,37,7 2. Held out for rent to the public for an event or social gathering.

AB304,37,9 3. Made available for rent to a member of the public for an event or social gathering.

AB304,37,10 (c) For purposes of par. (a), a public place does not include any of the following:

AB304,37,12 1. A room in a hotel, motel, or bed and breakfast that is used for overnight accommodations.

AB304,37,15 2. Vacation rental property, or any other property of temporary lodging, that is used for overnight accommodations if the property is furnished with sufficient beds for all adult guests to sleep.

AB304,37,16 3. A campsite on a campground licensed under s. 97.67.

AB304,37,19 4. A parking lot, driveway, or yard where vehicles may be parked on the same day as a professional or collegiate sporting event or other ticketed event open to the public.

AB304,37,23 5. Property within a local professional football stadium district created under subch. IV of ch. 229 if the property is used in connection with, and on the same day as, a professional football game, or other ticketed event open to the public, held at the football stadium.

AB304,38,2 6. Property within a local professional baseball park district created under subch. III of ch. 229 if the property is used in connection with, and on the same day as, a professional baseball game, or other ticketed event open to the public, held at the baseball park.

AB304,61 Section 61 . 125.105 (1) of the statutes is amended to read:

AB304,38,5 125.105 (1) No person may impersonate an inspector, agent or other employee of the department division or of the department of justice.

AB304,62 Section 62 . 125.11 (3) of the statutes is created to read:

AB304,38,10 125.11 (3) Inspection violation. Any person who refuses to permit an 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 may be revoked.

AB304,63 Section 63 . 125.12 (1) (a) of the statutes is amended to read:

AB304,38,14 125.12 (1) (a) Except as provided in this subsection, any municipality or the department division may revoke, suspend or refuse to renew any license or permit under this chapter, as provided in this section.

AB304,64 Section 64 . 125.12 (1) (c) of the statutes is amended to read:

AB304,38,19 125.12 (1) (c) Neither a municipality nor the department division 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.

AB304,65 Section 65 . 125.12 (4) (title) of the statutes is amended to read:

AB304,38,22 125.12 (4) (title) Suspension or revocation of licenses on complaint of the department division .

AB304,66 Section 66 . 125.12 (4) (ag) (intro.) of the statutes is amended to read:

AB304,39,2 125.12 (4) (ag) Complaint. (intro.) A duly authorized employee of the department division 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:

AB304,67 Section 67 . 125.12 (4) (ag) 9. of the statutes is created to read:

AB304,39,5 125.12 (4) (ag) 9. That the licensee has shipped alcohol beverages to any person in another state in violation of that state's law.

AB304,68 Section 68. 125.12 (5) (title) of the statutes is amended to read:

AB304,39,8 125.12 (5) (title) Revocations or suspensions of, or refusals to renew, permits by the department division.

AB304,69 Section 69. 125.12 (5) (a) of the statutes is amended to read:

AB304,39,16 125.12 (5) (a) The department division 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 s. 125.535 or 139.035, the department division shall revoke the permit, and the division shall revoke a common carrier permit as provided in s. 125.22 (3) (b) and a fulfillment house permit as provided in s. 125.23 (6) (b).

AB304,70 Section 70. 125.12 (5) (b) of the statutes is amended to read:

AB304,39,22 125.12 (5) (b) The department division may, after notice and an opportunity for hearing, revoke any permit issued under s. 125.27 (5) or 125.51 (5) (f) to a person designated by the owner or operator of racetrack grounds as provided in s. 125.27 (5) (b) or 125.51 (5) (f) 2. if the person's designation has terminated or the owner or operator of the racetrack grounds has otherwise rescinded the person's designation.