Wisconsin Statutes 125.30 – Out-of-state shippers’ permits; delivery to wholesalers
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Wisconsin Statutes 125.30
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Qualified: when applied to any person elected or appointed to office, means that such person has done those things which the person was by law required to do before entering upon the duties of the person's office. See Wisconsin Statutes 990.01
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- United States: includes the District of Columbia, the states, the commonwealth of Puerto Rico and the territories organized by congress. See Wisconsin Statutes 990.01
- Venue: The geographical location in which a case is tried.
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(1) The division shall issue out-of-state shippers’ permits which, except as provided in sub. (4), authorize the permittee to ship fermented malt beverages only to holders of a wholesaler’s permit issued under s. 125.28. Except with respect to any shipment from a warehouse in an adjoining state by a wholesaler issued a wholesale permit under s. 125.28 (1) (b), no person may receive fermented malt beverages in this state which have been directly shipped from outside this state by any person other than the holder of a permit issued under this section. Subject to s. 125.34 (2), all shipments of fermented malt beverages to a wholesaler of fermented malt beverages in this state, whether shipped to the wholesaler from inside this state or from outside this state, shall be unloaded in, physically at rest in, and only then distributed from the wholesaler’s warehouse in this state.
(2) The application for an out-of-state shipper’s permit and the permit shall be on forms prescribed by the division which shall contain provisions determined by the division as necessary to effectuate the purposes of ss. 139.01 to 139.25 and shall include a provision that the permittee agrees to do all of the following:
(a) Comply with s. 139.05 relating to filing a bond, filing returns, paying taxes, and record keeping.
(b) Permit inspections and examinations of the permittee’s premises and records by the division and its duly authorized employees, as authorized under s. 125.025 (3).
(c) Pay the expenses reasonably attributable to the inspections and examinations under par. (b) made within the United States.
(d) Accept service of process and consent to jurisdiction in any proceeding in this state to enforce the provisions of this chapter or ch. 139.
(3)
(a) Out-of-state shippers’ permits may be issued only to a person who holds a valid certificate issued under s. 73.03 (50), who is qualified under s. 125.04 (5), who does not maintain an office or street address in this state, and who is the primary source of supply for the brand of fermented malt beverages. An out-of-state shipper’s permit may not be issued to a person determined by the division to be primarily engaged in wholesale or retail sales in another state. Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state shippers’ 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 qualified for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers’ permits are not required to appoint agents vested with authority over the premises as described in s. 125.04 (6) (a).
(b)
1. A permittee under this section shall appoint and continually engage the services of an agent in this state to act as agent for the service of process on whom all processes, and any action or proceeding against the permittee concerning or arising out of the enforcement of any provision of this chapter or ch. 139, may be served in any manner authorized by law. That service shall constitute legal and valid service of process on the permittee. The permittee shall provide to the division, in the form and manner prescribed by the division, the name, address, phone number, and proof of the appointment and availability of the agent.
2. The permittee shall provide notice to the division 30 calendar days before termination of the authority of an agent under subd. 1. and shall provide proof to the satisfaction of the division of the appointment of a new agent no less than 5 calendar days before the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the permittee shall notify the division of that termination within 5 calendar days and shall include proof to the satisfaction of the division of the appointment of a new agent.
3. If a permittee fails to maintain an agent in this state after a permit is issued under this section, the permittee is considered to have appointed the department of financial institutions as the permittee’s agent, and the permittee may be proceeded against in courts of this state by service of process upon the department of financial institutions.
(c) Subject to s. 125.20 (6), an out-of-state shipper’s permit may not be issued to any person who has an interest in a licensee or permittee holding any of the following:
1. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).
2. A Class “B” license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).
3. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).
5. A no-sale event venue permit issued under s. 125.24.
(4) An out-of-state brewer that manufactures 300,000 barrels or less of fermented malt beverages in a calendar year from all locations and that holds an out-of-state shipper’s permit may sell and ship fermented malt beverages directly to retail licensees if the out-of-state brewer registers with the division, files whatever periodic reports with the division as the division may require, and complies with the requirements in ss. 125.33 and 125.34, as applicable, to the same extent as if the out-of-state brewer were a wholesaler holding a permit under s. 125.28.
(5) The division may revoke or suspend an out-of-state shipper’s permit for such time as the division determines, if the permittee violates any provision of the application or ss. 139.01 to 139.25.