LRB-3577/1
PEN:skg:ks
1995 - 1996 LEGISLATURE
June 26, 1995 - Introduced by Representatives Murat, Lorge, Seratti, Skindrud,
Hahn, Musser, Grothman, Reynolds, Lehman, Robson, Foti, Ainsworth and
Jensen, cosponsored by Senators Shibilski and Breske. Referred to
Committee on State Affairs.
AB462,1,2
1An Act to create 125.33 (2x) of the statutes;
relating to: the production of
2fermented malt beverages by a brewer exclusively for a Class "B" licensee.
Analysis by the Legislative Reference Bureau
Under current law, a brewer is prohibited, with certain specific exceptions, from
furnishing any fixtures, fittings, equipment, furniture, money or other thing of value
to any Class "B" licensee (a tavern, restaurant or other establishment that sells beer
to be consumed on or off the licensed premises). This prohibition is interpreted
broadly, subject only to the specific exceptions provided by statute. See 61 Opinions
of the Attorney General 68, 71, 72 (1972).
This bill creates an exception to the prohibition against a brewer providing
things of value to a Class "B" licensee. Under the bill, a brewer may produce a brand
of beer exclusively for one Class "B" licensee, or for a group of Class "B" licensees
under common ownership or control, if the brewer produces less than 150,000 barrels
of beer per calendar year and sells the exclusive brand through a wholesaler that
ordinarily does business in the territory of the purchasing Class "B" licensee.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB462, s. 1
3Section
1. 125.33 (2x) of the statutes is created to read:
AB462,2,24
125.33
(2x) Exception for production of exclusive brands by certain
5brewers. Notwithstanding the prohibitions in sub. (1), a brewer may produce a
6brand of its fermented malt beverages for the exclusive sale by one Class "B" licensee
1or by a group of Class "B" licensees affiliated through common ownership,
2management or control, if all of the following apply:
AB462,2,43
(a) The brewer produces less than 150,000 barrels of fermented malt beverages
4in the calendar year in which the brand of fermented malt beverages is produced.
AB462,2,85
(b) The fermented malt beverage is sold to the Class "B" licensee, or to each
6Class "B" licensee that is a member of the group of Class "B" licensees, by a
7wholesaler that ordinarily does business in the territory in which the Class "B"
8licensee is located.
