AB304: Bill Text

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.

AB304,71 Section 71 . 125.12 (5) (bm) of the statutes is created to read:

AB304,40,2 125.12 (5) (bm) The division may, after notice and an opportunity for hearing, revoke, suspend, or refuse to renew any permit issued by it under this chapter if the permittee has shipped alcohol beverages to any person in another state in violation of that state's law.

AB304,72 Section 72. 125.12 (5) (c) of the statutes is amended to read:

AB304,40,5 125.12 (5) (c) A revocation, suspension, or refusal to renew a permit under par. (a) or, (b), or (bm) is a contested case under ch. 227.

AB304,73 Section 73 . 125.12 (6) (a) of the statutes is amended to read:

AB304,40,14 125.12 (6) (a) Any person may file a sworn written complaint with the department division 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 division to determine whether there is cause to find that a violation has occurred. The department division 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.

AB304,74 Section 74 . 125.12 (6) (b) of the statutes is amended to read:

AB304,40,19 125.12 (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 division under s. 227.44.

AB304,75 Section 75 . 125.12 (6) (c) of the statutes is amended to read:

AB304,41,4 125.12 (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 division 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 division shall provide a copy of the decision to the complainant and to any wholesaler against whom allegations are made.

AB304,76 Section 76 . 125.12 (6) (cm) of the statutes is amended to read:

AB304,41,14 125.12 (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 division 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 division shall provide a copy of the decision to the complainant.

AB304,77 Section 77 . 125.12 (6) (d) of the statutes is amended to read:

AB304,41,22 125.12 (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 division may extend the time period for making a decision under par. (c) by an additional 60 days if the department division provides notice within the time period specified in par. (c) that an additional 60 days is necessary for investigation.

AB304,42,2 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 division may extend the time period for conducting the hearing by an additional 45 days if the department division provides notice within 45 days of receiving the request for hearing under par. (b) that an additional 45 days is necessary for investigation.

AB304,78 Section 78 . 125.12 (6) (dm) of the statutes is amended to read:

AB304,42,13 125.12 (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 division 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 division determines there is cause to find that a violation of s. 125.54 (7) (a) has occurred. If the department division files a complaint in circuit court as provided under this paragraph, the department division 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).

AB304,79 Section 79 . 125.12 (6) (e) of the statutes is amended to read:

AB304,42,18 125.12 (6) (e) If the department division finds the allegations under par. (a) true and sufficient, the department division 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.

AB304,80 Section 80 . 125.13 of the statutes is amended to read:

AB304,43,2 125.13 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 division at Madison, Wisconsin, giving the name of the licensee, the address of the licensed premises, and a full description of the penalty imposed.

AB304,81 Section 81 . 125.14 (2) (c) of the statutes is amended to read:

AB304,43,8 125.14 (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 division.

AB304,82 Section 82 . 125.14 (2) (d) of the statutes is amended to read:

AB304,43,21 125.14 (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 division for disposition. Upon receipt of the confiscated property, the department division 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 division 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.

AB304,83 Section 83 . 125.14 (2) (e) of the statutes is amended to read:

AB304,44,10 125.14 (2) (e) Disposal. The department division 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 division. If the department division 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.

AB304,84 Section 84 . 125.14 (2) (f) of the statutes is amended to read:

AB304,45,2 125.14 (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 division 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 division 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.

AB304,85 Section 85 . 125.14 (3) (b) of the statutes is amended to read:

AB304,45,7 125.14 (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 division at least 20 days before the date set for hearing.

AB304,86 Section 86 . 125.145 of the statutes is amended to read:

AB304,45,14 125.145 Prosecutions by attorney general or department division. Upon request by the secretary of revenue division, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this chapter. The department division 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.

AB304,87 Section 87 . 125.15 (1) of the statutes is amended to read:

AB304,45,19 125.15 (1) An intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association that makes a written complaint to the department division 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:

AB304,45,21 (a) The department division has not rendered a decision within the time periods specified in s. 125.12 (6) (c) to (d).

AB304,45,25 (b) The department division has rendered a decision under s. 125.12 (6) in which the department division has determined that a violation has occurred but no action has been brought in circuit court by the department division, attorney general, or a district attorney to prosecute the violation.

AB304,88 Section 88. 125.17 (6) (a) (intro.) of the statutes is amended to read:

AB304,46,10 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body or designated municipal official 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 division or the department of safety and professional services, or unless the applicant fulfills one of the following requirements:

AB304,89 Section 89 . 125.175 of the statutes is created to read:

AB304,46,16 125.175 Issuance of operators' permits. (1) Subject to sub. (4), the division shall issue an operator's permit to any applicant who is qualified under s. 125.04 (5). Operators' permits may not be required other than for the purpose of complying with ss. 125.32 (2) and 125.68 (2) or s. 125.06 (3g). Operators' permits may be issued only upon written application.

AB304,46,17 (2) Operators' permits are valid in all municipalities in this state.

AB304,46,19 (3) The division shall establish a fee for issuance or renewal of an operator's permit and shall determine whether the permit shall be valid for one or 2 years.

AB304,46,24 (4) (a) The division may not issue an operator's permit unless the applicant satisfies the criteria for issuance of an operator's license specified in s. 125.17 (6) (a). In applying these criteria to an applicant who holds or previously held an operator's permit or an operator's license, the division shall treat as synonymous operators' permits and operators' licenses.

AB304,47,4 (b) The division may not require applicants for operators' permits to undergo training in addition to that specified in s. 125.17 (6) (a) but may require applicants to purchase at cost materials that deal with relevant subjects not covered in the course under s. 125.17 (6) (a).

AB304,90 Section 90 . 125.19 (1) of the statutes is amended to read:

AB304,47,10 125.19 (1) Issuance. The department division 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 division. The permit does not authorize the sale of any alcohol beverages.

AB304,91 Section 91. 125.20 of the statutes is created to read:

AB304,47,12 125.20 Interest restrictions. (1) Definitions. In this section:

AB304,47,13 (a) “Distribution permit" means a permit issued under s. 125.28 or 125.54.

AB304,47,15 (b) “Distribution permittee" means a person holding a distribution permit and includes a restricted individual of such a person.

AB304,47,18 (c) “Production permit" means a permit issued under s. 125.29, 125.295, 125.52, or 125.53, a permit issued under s. 125.30 to a brewer in another state, or a permit issued under s. 125.58 to a manufacturer, rectifier, or winery in another state.

AB304,47,20 (d) “Production permittee" means a person holding a production permit and includes a restricted individual of such a person.

AB304,47,21 (e) “Restricted individual" means any of the following:

AB304,47,23 1. An individual identified on a manager's license or who works or acts in a managerial capacity for a permittee or licensee.

AB304,47,25 2. An individual serving as an officer, director, member, manager, or agent of a corporation or limited liability company holding a permit or license.