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125.68(10)(a)(a) Except as provided in par. (bm), no intoxicating liquor may be shipped into this state unless consigned to a person holding a permit for the sale of intoxicating liquor, other than a retail "Class B" permit.
125.68(10)(b) (b) Except as provided in par. (bm), no common carrier or other person may transport into and deliver within this state any intoxicating liquor unless it is consigned to a person holding a permit for the sale of intoxicating liquor, other than a retail "Class B" permit. Any common carrier violating this paragraph shall forfeit $100 for each violation.
125.68(10)(bm) (bm) A winery in compliance with the requirements of s. 125.58 (4) may ship wine into this state under s. 125.58 (4) from a state that has a reciprocal agreement with this state under s. 139.035 to an individual who is of the legal drinking age and who acknowledges in writing receipt of the wine shipped if the shipping container is clearly labeled to indicate that the package may not be delivered to an underage person or to an intoxicated person. A person who receives wine under this paragraph may not sell it or use it for a commercial purpose. A signature on the delivery form of the common carrier by a person of legal drinking age acknowledges delivery in writing.
125.68(10)(bs) (bs) No individual may resell wine received under par. (bm) or receive more than 9 liters of wine annually under par. (bm).
125.68(10)(c) (c) This subsection does not apply to purchases made under a permit issued under s. 125.61.
125.68 Cross-reference Cross Reference: See also ss. Tax 8.24 and 8.35, Wis. adm. code.
125.68(11) (11)Alcohol or wine for nonbeverage use; penalty.
125.68(11)(a)(a) The following products are not intoxicating liquor subject to this chapter, when unfit for beverage purposes:
125.68(11)(a)1. 1. Denatured alcohol produced and used pursuant to acts of congress and regulations promulgated thereunder.
125.68(11)(a)2. 2. Patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet preparations.
125.68(11)(a)3. 3. Flavoring extracts, syrups and food products.
125.68(11)(a)4. 4. Scientific, chemical, mechanical and industrial products.
125.68(11)(b) (b) Any person who sells any of the products enumerated in par. (a) for intoxicating beverage purposes, either knowingly or under circumstances from which a reasonable person may deduce the intention of the purchaser to use them for such purposes, shall be penalized under s. 125.11.
125.68(12) (12)Denatured alcohol.
125.68(12)(a)(a) No person may recover any alcohol or alcoholic liquid from denatured alcohol by any process or use, sell, conceal or dispose of, in any manner, any alcohol or alcoholic liquid derived from denatured alcohol.
125.68(12)(b) (b) Whoever violates par. (a) is guilty of a Class F felony.
125.68(12)(c) (c) Any person causing the death of another human being through the selling or otherwise disposing of, for beverage purposes, either denatured alcohol or alcohol or alcoholic liquid redistilled from denatured alcohol is guilty of a Class E felony.
125.68 Annotation It is not illegal under s. 176.07 [now s. 125.68 (4) (c) 3.] to allow the carry-out of liquor from a "Class B" licensed premises between 12 midnight and 8 a.m. if the sale of liquor occurred before 12 midnight. "Sale" is defined. 69 Atty. Gen. 168.
125.69 125.69 Restrictions on dealings between manufacturers, rectifiers, wholesalers and retailers.
125.69(1) (1)Interest restrictions.
125.69(1)(a)(a) No intoxicating liquor manufacturer, rectifier or wholesaler may hold any direct or indirect interest in any "Class A" license or establishment and no "Class A" licensee may hold any direct or indirect interest in a wholesale permit or establishment, except that a winery that has a permit under s. 125.53 may have an ownership interest in a "Class A" license.
125.69(1)(b)1.1. Except as provided under subds. 2. to 4., no intoxicating liquor manufacturer, rectifier or wholesaler may hold any direct or indirect interest in any "Class B" license or permit or establishment or "Class C" license or establishment and no "Class B" licensee or permittee or "Class C" licensee may hold any direct or indirect interest in a wholesale permit or establishment.
125.69(1)(b)2. 2. A wholesaler may have an interest in a corporation that owns and operates a golf course and leases premises on the golf course to the holder of a "Class B" license or permit for the premises, if the wholesaler's permit and the "Class B" license or permit were originally issued to the corporation and to the "Class B" licensee or permittee before June 1, 1981. The wholesaler's permit and "Class B" license or permit shall be renewed annually, unless revoked under s. 125.12. An application for a wholesaler's permit to which this paragraph applies shall have attached to it an affidavit stating the applicant's interest in the "Class B" premises.
125.69(1)(b)3. 3. A brewer may hold both a "Class B" license for the sale of intoxicating liquor on brewery premises and a wholesaler's permit for the sale of wine only issued under s. 125.54.
125.69(1)(b)4. 4. A winery that has a permit under s. 125.53 may have an ownership interest in a "Class B" license issued under s. 125.51 (3) (am).
125.69(1)(c) (c) No manufacturer, whether located within or without this state, may hold any direct or indirect interest in any wholesale permit or establishment, except as provided in s. 125.53, and except that a manufacturer that is also a brewer may hold a permit issued under s. 125.54 for the wholesale sale of wine only. This paragraph does not prohibit any of the following persons from obtaining a permit under s. 125.65:
125.69(1)(c)1. 1. An employee of a person who has been issued a permit under s. 125.53.
125.69(1)(c)2. 2. A licensee who was issued a "Class B" license under s. 125.51 (3) (am).
125.69(1)(c)3. 3. A "Class A" licensee who has also been issued a permit under s. 125.53.
125.69(3) (3)Volume discounts to campuses and retailers. A wholesaler of intoxicating liquor shall charge the same price to all campuses and retail licensees and permittees making purchases in similar quantities. Any discount offered on intoxicating liquor shall be delivered to the retailer in a single transaction and single delivery, and on a single invoice.
125.69(4) (4)Retail purchase credit restrictions.
125.69(4)(a)(a) Restrictions on sales.
125.69(4)(a)1.1. No intoxicating liquor retail licensee or retail permittee may:
125.69(4)(a)1.a. a. Receive, purchase or acquire intoxicating liquor from any permittee except for cash or credit for a period of not more than 30 days.
125.69(4)(a)1.b. b. Receive, purchase or acquire intoxicating liquor from any permittee if at the time of the receipt, purchase or acquisition, he or she is indebted to any permittee for intoxicating liquor received, purchased, acquired or delivered more than 30 days earlier.
125.69(4)(a)2. 2. No campus or intoxicating liquor retail licensee or permittee may receive any intoxicating liquor on consignment or on any basis other than a bona fide sale.
125.69(4)(b) (b) Restrictions on issuance of licenses and permits. No intoxicating liquor retail license or retail permit may be issued under this chapter to any person having an indebtedness for intoxicating liquor outstanding more than 30 days. In each application for a retail license or retail permit, the applicant shall state whether the applicant has any indebtedness for intoxicating liquor to any licensee or permittee which has been outstanding for more than 30 days.
125.69(4)(c) (c) Wholesalers holding retail licenses and permits. For purposes of this subsection, a person holding both an intoxicating liquor wholesale permit and intoxicating liquor retail license is deemed an intoxicating liquor retailer.
125.69(4)(d) (d) Penalties. A retail licensee or retail permittee who violates par. (a) is subject to the penalties in s. 125.11, except that he or she may not be imprisoned.
125.69(4)(e) (e) Costs. The cost of administering this subsection shall be charged to the manufacturer, rectifier and wholesaler permittees. The department shall determine the costs and shall establish the procedure for apportioning the cost against the permittees and provide for the method of payment to the department.
125.69(5) (5)Source of supply. No wholesaler may purchase intoxicating liquor for resale unless he or she purchases it either from the primary source of supply for the brand of intoxicating liquor sought to be sold or from a wholesaler within this state who holds a permit issued under this chapter. No wholesaler may sell intoxicating liquor purchased by the wholesaler to any other licensee or permittee under this chapter if the intoxicating liquor has not been purchased by the wholesaler from the primary source of supply or from a wholesaler within the state holding a permit issued under this chapter.
125.69(6) (6)Campuses and retailers to purchase from persons holding permits.
125.69(6)(a)(a) No campus or retail licensee or permittee may purchase or possess intoxicating liquor purchased from any person other than a manufacturer, rectifier or wholesaler holding a permit under this chapter for the sale of intoxicating liquor.
125.69(6)(b) (b) Any person who violates par. (a), if the total volume of intoxicating liquor purchased or possessed by that person in one month is 12 liters or less, may be required to forfeit not more than $100. A person who purchases or possesses more than 12 liters of intoxicating liquor in one month in violation of par. (a) shall be fined not less than $1,000 nor more than $10,000.
125.69(6)(c) (c) Notwithstanding par. (b), a "Class B" licensee who purchases intoxicating liquor from a "Class A" licensee for resale or who possesses intoxicating liquor purchased from a "Class A" licensee for resale may be fined not more than $100.
125.69(7) (7)License or permit revocation. The violation of sub. (1), (3) or (5) is sufficient cause for the revocation of the license or permit of any licensee or permittee receiving the benefit from the prohibited act as well as the revocation of the license or permit of the licensee or permittee committing the prohibited act.
125.69 Cross-reference Cross Reference: See also ss. Tax 8.66, 8.81, 8.85, and 8.87, Wis. adm. code.
125.70 125.70 Trade show samples. A manufacturer, rectifier or intoxicating liquor wholesaler may furnish, free of charge, on "Class B" premises, taste samples of intoxicating liquor to any person who has attained the legal drinking age and who is attending a trade show, conference, convention or similar business meeting, that is held on those premises, of a bona fide national or statewide trade association that derives income from membership dues of "Class B" licensees. Taste samples may not be furnished under this section at more than 2 such events of any one trade association per year. No intoxicating liquor brought on "Class B" premises under this section may remain on those premises after the close of the trade show, conference, convention or business meeting.
125.70 History History: 1995 a. 320.
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