Two Big Wins for Restaurants!

Governor Signs Two of WRA's High Priority Bills
The WRA's Third Party Delivery Consent bill  (Act 75), and the Omnibus Alcohol Bill (Act 73) were signed by Governor Evers on Wednesday, December 6. Both of these bills have been a high priority for WRA in 2023.

Third Party Delivery Consent  
Wisconsin is the 14th state to enact measures relating to how Third Party Delivery Companies interact with restaurants. At the request of the WRA, Senator Pat Testin and Representative Alex Dallman introduced this new law to curb third party delivery company business practices that emerged during the pandemic that are harmful and costly to restaurants. 

This law ensures:

• A third-party food delivery service shall not list a restaurant’s name, address or logo without consent.
• Food delivery service drivers will have knowledge of basic food safety principles.
• Third-party delivery services will be required to share data with the restaurant about the content of orders and the times that orders are placed.
• Progressive fines for companies that do not abide by the law, which are enforced by the Department of Agriculture, Trade and Consumer Protection (DATCP). This is a key component for our independent restaurant owners. Allowing them to register a complaint with DATCP, rather than retain a lawyer, is crucial in helping them protect their brand and their business and not be bogged down in small claims court.

This law goes into effect on July 1, 2024. WRA will work with the Consumer Protection Division at DATCP as it enacts the law and creates resources on its website.

​Alcohol Laws Reform
Act 73 (the Omnibus Alcohol Bill) brings many needed updates to Wisconsin's alcohol statutes. It clarifies what is now considered policy interpretations, makes some common industry practices legal and provides a more prominent place for alcohol law interpretation and enforcement at the state agency level.

Here are the main provisions of the bill that triggered WRA support:

• Creates a dedicated Division of Alcohol Beverages (DAB) at the Department of Revenue. This new division will oversee enforcement and provide resources for both municipalities and industry.
• Legalizes restaurants and bars batching cocktails. The new law allows for batching of cocktails in containers up to 5 gallons, but the containers must be labeled with ingredients or recipe name and cannot be stored for more than 48 hours. The new provisions go into effect on May 1, 2024.
• Creates a statewide Operators (bartender) Permit. DAB will not have this new license created until January 1, 2025.
• Extends bar time during the Republican National Convention for 14 southeast Wisconsin counties. This provision goes into effect on December 8, 2023.
• Adds "recapping" to the "merlot to go" provision that allows recorking unfinished bottles of wine for customers to take home. The old law only allowed recorking - screw caps can now be used on bottles that did not have a cork. This goes into effect on May 1, 2024
• Removes felony penalty for restaurants purchasing beer from a Class A retailer. The new law lowers the penalty from a felony to a civil forfeiture not to exceed $100 for a restaurant to purchase 15 cases of beer a month from a Class A retailer without going through a wholesaler.  A similar provision currently exists in state law for the purchase of up to 12 liters of wine or spirits a month. This goes into effect May 1, 2024.

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