125.22 Common carrier permit; shipments into state.

624 words·~3 min read·/wi/chapter-125/125-22

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Permit.

(a)No common carrier may transport into or deliver within this state any alcohol beverages unless the common carrier first obtains a permit from the division under this section. This subsection does not apply to the transportation into this state for delivery to, or delivery within this state to, a person that holds a license or permit issued under this chapter that authorizes the licensee or permittee to receive the alcohol beverages.

(b)A permit under this section authorizes only the transport into or delivery within this state of wine on behalf of a person holding a direct wine shipper’s permit under s. 125.535 or a fulfillment house permit under s. 125.23 .

(c)An applicant for a permit under this section shall provide all 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 .

(d)A permit under this section may be issued only to a person who holds a valid certificate issued under s. 73.03

(50).

(e)A permittee under this section shall pay an annual fee of $1,000.

(2)Reports.

(a)No later than the 15th day of each month, a common carrier 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:

2. The name and address of the consignor of the shipment.

3. The name and address of the consignee of the shipment.

4. The date of the shipment.

5. The weight of the alcohol beverages shipped to the consignee, as reported to the common carrier by the consignor.

6. The parcel tracking number, waybill number, or other identifying number for the shipment.

(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).

(c)Nothing in this section alters the requirement that a person shipping alcohol beverages into this state obtain all required permits under this chapter prior to shipment, including any permit under s. 125.535 . Nothing in this section grants a manufacturer, rectifier, or shipper of alcohol beverages, including a winery, authority to ship alcohol beverages into this state. Nothing in this section alters the face-to-face sales requirement in ss. 125.272 and 125.51

(6).

(3)Penalties.

(a)Any common carrier that fails to obtain a permit required under sub.

(1)prior to commencing delivery of alcohol beverages in this state is subject to a fine of not more than $10,000.

(b)Any common carrier that ships alcohol beverages other than wine obtained from a direct wine shipper permittee under s. 125.535 or from a fulfillment house permittee under s. 125.23 may be subject to a forfeiture of not more than $2,000. When the division determines that a common carrier has engaged in repeated and negligent transportation and shipping practices involving alcohol beverages, the division may revoke the permit of any common carrier 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.