AB304,67
3Section 67
. 125.12 (4) (ag) 9. of the statutes is created to read:
AB304,39,54
125.12
(4) (ag) 9. That the licensee has shipped alcohol beverages to any person
5in another state in violation of that state's law.
AB304,68
6Section
68. 125.12 (5) (title) of the statutes is amended to read:
AB304,39,87
125.12
(5) (title)
Revocations or suspensions of, or refusals to renew, permits
8by the department division.
AB304,69
9Section
69. 125.12 (5) (a) of the statutes is amended to read:
AB304,39,1610
125.12
(5) (a) The
department
division may, after notice and an opportunity for
11hearing, revoke, suspend, or refuse to renew any retail permit issued by it for the
12causes provided in sub. (4) and any other permit issued by it under this chapter for
13any violation of this chapter or ch. 139, except that, for a violation of s. 125.535 or
14139.035, the
department division shall revoke the permit
, and the division shall
15revoke a common carrier permit as provided in s. 125.22 (3) (b) and a fulfillment
16house permit as provided in s. 125.23 (6) (b).
AB304,70
17Section
70. 125.12 (5) (b) of the statutes is amended to read:
AB304,39,2218
125.12
(5) (b) The
department
division may, after notice and an opportunity for
19hearing, revoke any permit issued under s. 125.27 (5) or 125.51 (5) (f) to a person
20designated by the owner or operator of racetrack grounds as provided in s. 125.27 (5)
21(b) or 125.51 (5) (f) 2. if the person's designation has terminated or the owner or
22operator of the racetrack grounds has otherwise rescinded the person's designation.
AB304,71
23Section 71
. 125.12 (5) (bm) of the statutes is created to read:
AB304,40,224
125.12
(5) (bm) The division may, after notice and an opportunity for hearing,
25revoke, suspend, or refuse to renew any permit issued by it under this chapter if the
1permittee has shipped alcohol beverages to any person in another state in violation
2of that state's law.
AB304,72
3Section
72. 125.12 (5) (c) of the statutes is amended to read:
AB304,40,54
125.12
(5) (c) A revocation, suspension, or refusal to renew a permit under par.
5(a)
or, (b)
, or (bm) is a contested case under ch. 227.
AB304,73
6Section 73
. 125.12 (6) (a) of the statutes is amended to read:
AB304,40,147
125.12
(6) (a) Any person may file a sworn written complaint with the
8department division alleging that an intoxicating liquor wholesaler has violated s.
9125.54 (7) (a). The complaint shall identify the specific legal basis for the complaint
10and sufficient facts for the
department division to determine whether there is cause
11to find that a violation has occurred. The
department division shall provide a copy
12of the complaint to any wholesaler against whom allegations are made, along with
13notice of the time period under par. (b) to show cause why the wholesaler's permit
14should not be revoked or suspended or to request a hearing.
AB304,74
15Section 74
. 125.12 (6) (b) of the statutes is amended to read:
AB304,40,1916
125.12
(6) (b) Within 30 days of receiving a copy of the complaint under par. (a),
17any wholesaler against whom allegations are made may file a sworn written
18response or a written request for an evidentiary hearing before the
department 19division under s. 227.44.
AB304,75
20Section 75
. 125.12 (6) (c) of the statutes is amended to read:
AB304,41,421
125.12
(6) (c) Subject to pars. (d) 1. and (dm), if no request for an evidentiary
22hearing is made under par. (b), within 60 days of receiving any response under par.
23(b) or, if no response is made, within 60 days of the date on which a response or
24request for hearing is due under par. (b), the
department division shall make a
25written decision as to whether a violation has occurred and either dismiss the
1complaint or take action under par. (e). Any decision under this paragraph shall
2include findings of fact and conclusions of law and shall state all reasons for the
3decision. The
department division shall provide a copy of the decision to the
4complainant and to any wholesaler against whom allegations are made.
AB304,76
5Section 76
. 125.12 (6) (cm) of the statutes is amended to read:
AB304,41,146
125.12
(6) (cm) Subject to pars. (d) 2. and (dm), if a request for an evidentiary
7hearing is made under par. (b), the hearing shall be conducted in the manner
8specified for a contested case under ss. 227.44 to 227.50, except that the hearing shall
9be conducted within 45 days of receiving the request for hearing under par. (b) and
10the
department division shall make its written decision, including whether a
11violation has occurred and whether the complaint is dismissed or action is taken
12under par. (e), within 15 days after the hearing. In addition to service of the decision
13as provided under s. 227.48, the
department division shall provide a copy of the
14decision to the complainant.
AB304,77
15Section 77
. 125.12 (6) (d) of the statutes is amended to read:
AB304,41,2216
125.12
(6) (d) 1. If no request for an evidentiary hearing is made under par. (b),
17within 60 days of receiving any response under par. (b) or, if no response is made,
18within 60 days of the date on which a response or request for hearing is due under
19par. (b), the
department division may extend the time period for making a decision
20under par. (c) by an additional 60 days if the
department division provides notice
21within the time period specified in par. (c) that an additional 60 days is necessary for
22investigation.
AB304,42,223
2. If a request for an evidentiary hearing is made under par. (b), within 45 days
24of receiving the request for hearing under par. (b), the
department division may
25extend the time period for conducting the hearing by an additional 45 days if the
1department division provides notice within 45 days of receiving the request for
2hearing under par. (b) that an additional 45 days is necessary for investigation.
AB304,78
3Section 78
. 125.12 (6) (dm) of the statutes is amended to read:
AB304,42,134
125.12
(6) (dm) Within 45 days of receiving any response or request for hearing
5under par. (b) or, if no response or request for hearing is made, within 45 days of the
6date on which a response or request for hearing is due under par. (b), the
department 7division may elect to file a complaint in circuit court under sub. (4) that includes all
8allegations of the complaint under par. (a) for which the
department division 9determines there is cause to find that a violation of s. 125.54 (7) (a) has occurred. If
10the
department division files a complaint in circuit court as provided under this
11paragraph, the
department division shall not conduct a hearing under par. (cm) or
12make a written decision under par. (c), but shall proceed with the matter as provided
13under sub. (4).
AB304,79
14Section 79
. 125.12 (6) (e) of the statutes is amended to read:
AB304,42,1815
125.12
(6) (e) If the
department
division finds the allegations under par. (a) true
16and sufficient, the
department division shall either suspend for not less than 10 days
17nor more than 90 days or revoke the wholesaler's permit, and give notice of the
18suspension or revocation to the wholesaler.
AB304,80
19Section 80
. 125.13 of the statutes is amended to read:
AB304,43,2
20125.13 Report of suspension, revocation
, or imposition of penalty. 21Whenever a municipal governing body or court revokes or suspends a license or
22permit or imposes a penalty on a licensee or permittee for the violation of this
23chapter, the clerk of the municipality or court revoking or suspending the license or
24imposing the penalty shall, within 10 days after the revocation, suspension
, or
25imposition of penalty, mail a report to the
department division at Madison,
1Wisconsin, giving the name of the licensee, the address of the licensed premises
, and
2a full description of the penalty imposed.