§ 125.23 — Fulfillment houses.

Wisconsin § 125.23

• Jurisdiction: Wisconsin
• Ch. 125: Alcohol beverages
• Subch.: subch. I of ch. 125 SUBCHAPTER I

Text

125.23
125.23(1) (1) Permit.
125.23(1)(a) (a) Before making any shipment to, or causing any shipment to be made to, any individual in this state, a person operating a fulfillment house shall obtain from the division a fulfillment house permit for each location that is involved in the process of shipping wine to residents of this state.
125.23(1)(b) (b) A person holding a permit under this section may provide services only for the warehousing, packaging, order fulfillment, and shipment of alcohol beverages produced by and belonging to a person holding a direct wine shipper’s permit under s. 125.535 .
125.23(1)(c) (c) An applicant for a permit under this section shall pay an annual fee of $100 for each permit. The permit may be issued for a period of one year and may be renewed annually.
125.23(1)(d) (d) A permit under this section may be issued only to a person who holds a valid certificate issued under s. 73.03 (50) .
125.23(2) (2) Permit application.
125.23(2)(a) (a) An applicant for a permit under this section shall provide all of the following information as part of the permit application:
125.23(2)(a)1. 1. All locations from which alcohol beverages are to be shipped under the permit.
125.23(2)(a)2. 2. Any other information required by the division. The division shall require the applicant to submit information, as determined to be appropriate by the division, that is similar to the information required of an applicant for a permit under s. 125.58 .
125.23(2)(b) (b) Notwithstanding s. 125.04 (5) (a) , natural persons obtaining fulfillment house 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 eligible for a permit under this section. Corporations and limited liability companies obtaining fulfillment house permits are subject to s. 125.04 (6) and any other person, including any natural person or cooperative, obtaining a fulfillment house permit shall appoint an agent, and be subject to all provisions of s. 125.04 (6) , in the same manner applicable to corporations and limited liability companies.
125.23(3) (3) Package labeling. A person holding a permit under this section shall ensure all containers of wine shipped directly to an individual in this state are labeled with all of the following information:
125.23(3)(a) (a) The following words, appearing in capital letters and in a conspicuous location: “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY.”
125.23(3)(b) (b) The name, address, and permit number of the fulfillment house permittee and the name, address, and permit number of the direct wine shipper.
125.23(4) (4) Shipment.
125.23(4)(a) (a) A fulfillment house permittee may not ship into this state wine from any person not holding a direct wine shipper’s permit under s. 125.535 .
125.23(4)(b) (b) A fulfillment house permittee may not ship wine into this state through a common carrier that does not hold a permit under s. 125.22 . All containers of wine shipped directly to an individual in this state shall be shipped using a common carrier holding a permit issued under s. 125.22 .
125.23(4)(c) (c) Prior to shipping wine to an individual in this state, a fulfillment house permittee shall verify the validity of the permit of each direct wine shipper and of each common carrier associated with the shipment.
125.23(5) (5) Reports.
125.23(5)(a) (a) No later than the 15th day of each month, a fulfillment house holding a permit under this section shall submit a verified report to the division, in the form and manner prescribed by the division, that includes all of the following information for each shipment of alcohol beverages during the preceding month:
125.23(5)(a)1. 1. The name and address of the person that manufactured the alcohol beverages.
125.23(5)(a)2. 2. The name and address of the consignor of the shipment, if different from the person that manufactured the alcohol beverages.
125.23(5)(a)3. 3. The name and address of the consignee of the shipment.
125.23(5)(a)4. 4. The date of the shipment.
125.23(5)(a)5. 5. The type and quantity of alcohol beverages shipped to the consignee.
125.23(5)(a)6. 6. The parcel tracking number, waybill number, or other identifying number for the shipment.
125.23(5)(b) (b) The division and the department shall keep confidential the information under par. (a) 3. and 6. , and this information is not subject to public copying or inspection under s. 19.35 (1) , but all other information included in a report under par. (a) is subject to public copying and inspection under s. 19.35 (1) and may not be treated by the division or the department as confidential under any provision of s. 71.78 , 71.83 , or 139.11 (4) .
125.23(6) (6) Penalties.
125.23(6)(a) (a) Any fulfillment house that fails to obtain a permit under this section in violation of sub. (1) is subject to a fine of not more than $10,000.
125.23(6)(b) (b) Any permittee under this section that ships alcohol beverages other than wine obtained from a direct wine shipper holding a permit under s. 125.535 is subject to a forfeiture of not more than $2,000. The division shall revoke the permit of any permittee that violates this prohibition in more than one month during a calendar year. Except as provided in this paragraph, s. 125.12 (5) shall apply with respect to the division’s revocation of the permit.
125.23(6)(c) (c) If a fulfillment house fails to submit a report required under sub. (5) , the fulfillment house is subject to a forfeiture of not more than $2,000.

Legislative History

125.23 History History: 2023 a. 73 .