Wisconsin adopts amendment to anti-shipping law

[Erik Owens]

Source: https://irishliquorlawyer.com/

Wisconsin adopted an Amendment SB 268, the bill which set out to shut off DTC shipping into the State of Wisconsin. Under the Amendment, the language changes from shall revoke a common carrier permit to may revoke a common carrier permit.

The language’s impact changes it from a mandatory revocation of a permit after two mistakes to providing the division discretion to consider the impact of revoking a common carrier’s permit.

Further, language was added that if the common carrier engages in repeated and negligent shipping practices involving alcohol, it may have its permit revoked by the department. This is also a change from the previous mandatory language, which provided the division no discretion by law over the process.

Finally, the amendment changes reporting requirements from type and quantity weight of alcohol beverages to the weight of alcohol beverages. This alleviates a terrible reporting burden for common carriers and shippers

This is a positive change, but I would have liked to see a knowingly standard, the negligent standard is a low barrier to revoke a common carrier permit, but at least it is no longer mandatory and the State liquor authority which knows more than the legislature about liquor issues will be deciding these issues at its own discretion.