2005 - 2006 LEGISLATURE
December 6, 2005 - Offered by Representative Pettis.
AB775-ASA1,1,3 1An Act to renumber and amend 125.28 (1); and to amend 125.30 (1) and
2125.34 (2) (a) of the statutes; relating to: fermented malt beverages
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB775-ASA1, s. 1 4Section 1. 125.28 (1) of the statutes, as affected by 2005 Wisconsin Act ....
5(Assembly Bill 787), is renumbered 125.28 (1) (a) and amended to read:
AB775-ASA1,2,26 125.28 (1) (a) Every Subject to par. (b), every municipal governing body may
7issue licenses to wholesalers for the sale of fermented malt beverages from premises
8within the municipality, which premises shall comply with the requirements under
9s. 125.34 (2). Subject to s. 125.34, a wholesaler's license authorizes sales of fermented
10malt beverages only in original packages or containers to retailers or wholesalers,
11not to be consumed in or about the wholesaler's premises where sold. In the case of

1a foreign corporation or foreign limited liability company whose wholesale premises
2is located outside of this state,
AB775-ASA1,2,13 3(b) If a wholesaler does not maintain any warehouse in this state but is licensed
4and maintains a warehouse in an adjoining state that allows wholesalers licensed
5in this state to deliver fermented malt beverages to retailers in the adjoining state
6without warehousing in that state and that further requires that all fermented malt
7beverages be first unloaded at and distributed from the warehouse of the licensed
8wholesaler in that state,
the wholesaler's license shall be issued by the governing
9body of the municipality in which some part of the wholesaler's business is conducted
10in this state. Notwithstanding s. 125.04 (5) (a) 2. and (c) and (6), the municipal
11governing body may issue the wholesaler's license to a wholesaler described in this
12paragraph who is a natural person and not a resident of this state or that is a
13corporation or limited liability company and has not appointed an agent in this state.
AB775-ASA1,2,15 14(c) No additional license or permit is required for the solicitation of orders for
15sale to or by licensed wholesalers.
AB775-ASA1, s. 2 16Section 2. 125.30 (1) of the statutes, as affected by 2005 Wisconsin Act ....
17(Assembly Bill 787), is amended to read:
AB775-ASA1,3,318 125.30 (1) The department shall issue out-of-state shippers' permits which,
19except as provided in s. 125.34 (6) (c), authorize the permittee to ship fermented malt
20beverages only to holders of a wholesaler's license issued under s. 125.28. No Except
21with respect to any shipment from a warehouse in an adjoining state by a wholesaler
22issued a wholesale license under s. 125.28 (1) (b), no
person may receive fermented
23malt beverages in this state which have been directly shipped from outside this state
24by any person other than the holder of a permit issued under this section. Subject
25to s. 125.34 (2) and (6) (c), all shipments of fermented malt beverages to a wholesaler

1of fermented malt beverages in this state, whether shipped to the wholesaler from
2inside this state or from outside this state, shall be unloaded in and distributed from
3the wholesaler's warehouse in this state.
AB775-ASA1, s. 3 4Section 3. 125.34 (2) (a) of the statutes, as created by 2005 Wisconsin Act ....
5(Assembly Bill 787), is amended to read:
AB775-ASA1,3,166 125.34 (2) (a) No fermented malt beverages may be sold, transported, or
7delivered to a retailer unless, prior to such sale, transport, or delivery, the fermented
8malt beverages are first unloaded at and distributed from a wholesaler's warehouse
9premises covered by both a wholesaler's license issued under s. 125.28 and an alcohol
10beverage warehouse permit issued under s. 125.19, which premises shall be in this
11state and shall be a physically separate location from any retail premises or brewery
12premises. This paragraph does not apply to a wholesaler issued a wholesaler's
13license under s. 125.28 (1) (b) with respect to fermented malt beverages transported
14and delivered from a warehouse in an adjoining state unless the wholesaler's
15warehouse in the adjoining state is located on premises in the adjoining state used
16for the manufacture of fermented malt beverages.
AB775-ASA1, s. 4 17Section 4. Initial applicability.
AB775-ASA1,3,1918 (1) This act first applies to fermented malt beverages wholesalers' licenses
19issued on the effective date of this subsection.