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Bills from the 2021–22 session

Assembly Bill 364

The penalty for a retailer's purchasing or possessing of alcohol beverages from a source other than a wholesaler and credit transactions between retailers and wholesalers

Stopped in committee

It never got a ⁠, so it never came up for a vote. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    May 27, 2021

  2. Committee, stopped here

    Stopped here. No public hearing was held.

  3. Assembly vote, not reached

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 15, 2022: “Failed to pass pursuant to ⁠”

It never got a hearing in the Assembly Committee on State Affairs. See every bill that never got a hearing this session.

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill modifies the applicable penalty under certain circumstances when an an alcohol beverage retailer purchases alcohol beverages from a source other than a wholesaler in violation of current law. The bill also eliminates restrictions on the maximum period of credit that a wholesaler may extend to a retailer in connection with the purchase of alcohol beverages.

Retailer purchases of alcohol beverages from non-wholesaler Under current law, alcohol beverages are generally distributed to consumers under a three-tier distribution system: the producer sells to a wholesaler; the wholesaler sells to a retailer; and the retailer sells to a consumer. With specific exceptions, no person may sell outside the three-tier system and no person may sell alcohol beverages to a consumer unless the seller possesses a license or permit authorizing the sale. A Class “B" license authorizes the retail sale of fermented malt beverages (beer) for consumption on or off the premises. A “Class B" license authorizes the retail sale of intoxicating liquor, which includes wine and distilled spirits, for consumption on the licensed premises and, subject to restrictions, off the licensed premises. Class “B” and “Class B” licenses are generally issued together for establishments such as restaurants, bars, and taverns. Class “A” and “Class A” licenses authorize the retail sale of, respectively, beer and intoxicating liquor in original packages for consumption off the licensed premises. Class “A” and “Class A” licenses are often issued together for establishments such as grocery stores, liquor stores, and convenience stores. With exceptions for certain sales of beer by brewers and brewpubs, a retail licensee may not purchase alcohol beverages from, or possess alcohol beverages purchased from, any person other than a wholesaler. If a retail licensee purchases or possesses beer in violation of this prohibition, the penalty that may be imposed is a fine of not more than $10,000 or imprisonment for not more than nine months or both. If a retail licensee purchases or possesses intoxicating liquor in violation of this prohibition, the penalty that may be imposed (or must be imposed if item 3., below, applies) is one of the following:

Read the full summary

1. If a “Class B" licensee purchases intoxicating liquor from a “Class A" licensee for resale or possesses intoxicating liquor purchased from a “Class A" licensee for resale, a fine of not more than $100.

2. If 1. does not apply and the total volume of intoxicating liquor purchased or possessed in one month is 12 liters or less, a forfeiture of not more than $100.

3. If neither 1. nor 2. apply, a fine of not less than $1,000 nor more than $10,000.

This bill makes changes to some of these penalties. With respect to the penalty under item 2., above, the bill increases the threshold amount from 12 liters of intoxicating liquor to 48 liters of intoxicating liquor. With respect to the penalty under item 1., above, the bill changes the penalty from a fine to a forfeiture, making the violation a civil offense rather than a crime.

The bill also creates a tiered penalty structure for violations with respect to beer that is similar to the tiered structure for intoxicating liquor violations. Under the bill, if a retail licensee purchases or possesses beer in violation of the prohibition, the penalty that may be imposed is one of the following:

1. If a Class “B" licensee purchases beer from a Class “A" licensee for resale or possesses beer purchased from a Class “A" licensee for resale, a fine of not more than $100.

2. If 1. does not apply and the total volume of beer purchased or possessed in one month is 4,320 fluid ounces (15 cases) or less, a forfeiture of not more than $100.

3. If neither 1. nor 2. apply, a fine of not more than $10,000 or imprisonment for not more than nine months or both.

Credit restrictions Under current law, a retailer of beer may not purchase or acquire beer from a wholesaler except upon payment of cash or extension of credit for not more than 15 days. A retailer of intoxicating liquor may not purchase or acquire intoxicating liquor from a wholesaler except upon payment of cash or extension of credit for not more than 30 days. A retailer that remains indebted to a wholesaler beyond the applicable period is precluded from purchasing more alcohol beverages from any wholesaler and may not be issued another retail license.

This bill eliminates these 15-day and 30-day maximum permissible credit periods.

Who's behind it

6 representatives are its ⁠. All 6 are Republicans.

1 more lawmaker ⁠.

See all 7 names

Authors (6)

Signed on in support (1)

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

What happened

  1. Mar 15, 2022

    The session ended, and the bill died with it.

  2. Jun 8, 2021

    A state agency sent in its estimate of the cost.

  3. May 27, 2021

    Sent to the Assembly Committee on State Affairs.

  4. May 27, 2021

    Introduced in the Assembly.

See the official record, word for word
  1. May 27, 2021 · Assembly

    Introduced by Representatives Knodl, Brooks, Wichgers, Brandtjen, Tauchen and Sortwell; cosponsored by Senator Nass

  2. May 27, 2021 · Assembly

    Read first time and referred to Committee on State Affairs

  3. Jun 8, 2021 · Assembly

    Fiscal estimate received

  4. Jan 20, 2022 · Assembly

    Assembly Amendment 1 offered by Representative Knodl

  5. Mar 15, 2022 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor