CHAPTER 125
ALCOHOL BEVERAGES
SUBCHAPTER I
GENERAL PROVISIONS
125.01 Legislative intent.
125.03 Department rule making.
125.035 Civil liability exemption: furnishing alcohol beverages.
125.037 Civil liability exemption for municipalities.
125.039 Civil liability exemption for retaining proofs of age.
125.04 General licensing requirements.
125.045 Booklet for licensees and permittees.
125.05 Local option; remonstrances.
125.06 License and permit exceptions.
125.07 Underage and intoxicated persons; presence on licensed premises; possession; penalties.
125.075 Injury or death by providing alcohol beverages to a minor.
125.09 General restrictions.
125.10 Municipal regulation.
125.105 Impersonating an officer.
125.115 Responsibility for commission of a crime.
125.12 Revocations, suspensions, refusals to issue or renew.
125.13 Report of suspension, revocation or imposition of penalty.
125.14 Enforcement provisions.
125.145 Prosecutions by attorney general or department.
125.15 Actions against intoxicating liquor wholesalers.
125.16 Actions to recover price denied.
125.17 Issuance of operators' licenses.
125.18 Issuance of managers' licenses.
125.185 Provisional retail licenses.
125.19 Alcohol beverage warehouse permit.
SUBCHAPTER II
FERMENTED MALT BEVERAGES
125.25 Class "A" licenses.
125.26 Class "B" licenses.
125.27 Class "B" permits.
125.272 Face-to-face retail sales.
125.275 Industrial fermented malt beverages permit.
125.28 Wholesalers' licenses.
125.30 Out-of-state shippers' permits; delivery to wholesalers.
125.31 Multiple licenses and permits; brewers.
125.315 Evading provisions of law by giving away fermented malt beverages.
125.32 General restrictions and requirements.
125.33 Restrictions on dealings between brewers, brewpubs, wholesalers, and retailers.
125.34 Distribution restrictions on wholesalers, brewers, brewpubs, and out-of-state shippers.
SUBCHAPTER III
INTOXICATING LIQUOR
125.51 Retail licenses and permits.
125.52 Manufacturers' and rectifiers' permits.
125.535 Direct wine shippers' permits.
125.54 Wholesalers' permits.
125.545 Small winery cooperative wholesalers.
125.55 Combination permits.
125.58 Out-of-state shippers' permit; exception to requirement.
125.60 Wholesale alcohol permit.
125.61 Medicinal alcohol permit.
125.62 Industrial alcohol permit.
125.63 Industrial wine permit.
125.65 Permit to solicit for future sales.
125.66 Sale without license; failure to obtain permit; penalties.
125.67 Evading provisions of law by giving away intoxicating liquor; penalties.
125.68 General restrictions and requirements.
125.69 Restrictions on dealings between manufacturers, rectifiers, wholesalers and retailers.
125.70 Trade show samples.
Ch. 125 Note
NOTE: Chapter 79, laws of 1981, which created this chapter of the statutes, contains extensive notes explaining the revisions. See the 1981 Session Laws.
GENERAL PROVISIONS
125.01
125.01
Legislative intent. This chapter shall be construed as an enactment of the legislature's support for the 3-tier system for alcohol beverages production, distribution, and sale that, through uniform statewide regulation, provides this state regulatory authority over the production, storage, distribution, transportation, sale, and consumption of alcohol beverages by and to its citizens, for the benefit of the public health and welfare and this state's economic stability. Without the 3-tier system, the effective statewide regulation and collection of state taxes on alcohol beverages sales would be seriously jeopardized. It is further the intent of the legislature that without a specific statutory exception, all sales of alcohol beverages shall occur through the 3-tier system, from manufacturers to licensed wholesalers to retailers to consumers. Face-to-face retail sales at licensed premises directly advance the state's interest in preventing alcohol sales to underage or intoxicated persons and the state's interest in efficient and effective collection of tax.
125.01 Annotation
State liquor laws, including licensing requirements, are applicable to liquor establishments owned or operated by either tribe members or non-Indians, and located on Indian reservations. Any license issued counts toward the local quota.
75 Atty. Gen. 123.
125.01 Annotation
Indian tribes are within the coverage of this chapter; any license issued to a tribe counts toward the local quota.
76 Atty. Gen. 80.
125.015
125.015
Severability. If any provision or clause of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
125.015 History
History: 2007 a. 20.
125.015 Annotation
Interpreting s. 990.001 (11), an unconstitutional clause was found severable. Wisconsin Wine & Spirit Institute v. Ley,
141 Wis. 2d 958,
416 N.W.2d 914 (Ct. App. 1987).
125.02
125.02
Definitions. Except as otherwise provided, in this chapter:
125.02(1)
(1) "Alcohol beverages" means fermented malt beverages and intoxicating liquor.
125.02(2)
(2) "Brewer" means any person who manufactures fermented malt beverages for sale or transportation, except that "brewer" does not include a permittee under
s. 125.295.
125.02(2d)
(2d) "Brewer group" means a brewer, including all premises for which the brewer holds a permit issued under
s. 125.29, together with all of the following:
125.02(2d)(a)
(a) All brewers that share membership with the brewer in a controlled group of brewers, as determined under
26 USC 5051 (a) (2) (B).
