SB27-SSA1, s. 2604dj
22Section 2604dj. 125.26 (2) (b) 2. a. of the statutes is renumbered 125.26 (2)
23(b) 2. and amended to read:
SB27-SSA1,1098,324
125.26
(2) (b) 2.
Except as provided in s. 125.29, beginning on May 5, 1994, a
25A Class "B" license may not be issued to a person holding a wholesaler's
license
1permit issued under s. 125.28 or to a person who has a direct or indirect ownership
2interest in a premises operating under a wholesaler's
license permit issued under s.
3125.28.
SB27-SSA1, s. 2604do
5Section 2604do. 125.275 (2) (b) 1. of the statutes is renumbered 125.275 (2)
6(b) and amended to read:
SB27-SSA1,1098,107
125.275
(2) (b)
Beginning on May 5, 1994, an An industrial fermented malt
8beverages permit may not be issued to a person holding a wholesaler's
license permit 9issued under s. 125.28 or to a person who has a direct or indirect ownership interest
10in a premises operating under a wholesaler's
license
permit issued under s. 125.28.
SB27-SSA1,1098,13
13125.28 (title)
Wholesalers' licenses permits.
SB27-SSA1,1098,2115
125.28
(1) (a) Subject to par. (b),
every municipal governing body the
16department may issue
licenses permits to wholesalers for the sale of fermented malt
17beverages from premises within
the municipality this state, which premises shall
18comply with the requirements under s. 125.34 (2). Subject to s. 125.34,
and except
19as provided in pars. (e) and (f), a wholesaler's
license permit authorizes sales of
20fermented malt beverages only in original packages or containers to retailers or
21wholesalers
, not to be consumed in or about the wholesaler's premises.
SB27-SSA1,1099,922
(b) If a wholesaler does not maintain any warehouse in this state but is licensed
23and maintains a warehouse in an adjoining state that allows wholesalers
licensed 24holding a wholesaler's permit in this state to deliver fermented malt beverages to
25retailers in the adjoining state without warehousing in that state and that further
1requires that all fermented malt beverages be first unloaded
and physically at rest 2at
, and distributed from
, the warehouse of the licensed wholesaler in that state, the
3wholesaler's
license permit shall be issued by the
governing body of the municipality
4in which some part of the wholesaler's business is conducted in this state 5department. Notwithstanding s. 125.04 (5) (a) 2. and (c) and (6), the
municipal
6governing body department may issue the wholesaler's
license permit to a
7wholesaler described in this paragraph who is a natural person and not a resident
8of this state or that is a corporation or limited liability company and has not
9appointed an agent in this state.
SB27-SSA1,1099,1110
(c) No additional license or permit is required for the solicitation of orders for
11sale to or by
licensed wholesalers
holding a permit under this section.
SB27-SSA1,1099,1412
(d) Wholesalers
licensed holding a permit under this section, employees of such
13wholesalers, and individuals representing such wholesalers may not provide or
14participate in providing taste samples under ss. 125.25 (1) and 125.33 (12).
SB27-SSA1,1099,1916
125.28
(1) (e) Notwithstanding ss. 125.04 (9) and 125.09 (1), if a wholesaler was
17issued a retail license prior to January 1, 2011, then the wholesaler may, under its
18wholesaler's permit, continue to sell at retail fermented malt beverages to
19individuals as was permitted under the previously issued retail license.
SB27-SSA1,1099,2220
(f) A wholesaler's permit authorizes the wholesaler to sell or give fermented
21malt beverages to its employees. Fermented malt beverages may be consumed on a
22wholesaler's premises at events not open to the general public.
SB27-SSA1,1100,324
125.28
(2) (a) A wholesaler's
license
permit may be issued to any person
25qualified under s. 125.04 (5) except a person acting as an agent for, or in the employ
1of, another person. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to
2complete a responsible beverage server training course to be qualified for a
license 3permit under this section.
SB27-SSA1,1100,75
125.28
(2) (b) (intro.)
Except as provided in par. (c) and s. 125.29, beginning on
6May 5, 1994, a A wholesaler's
license permit may not be issued to any of the
7following:
SB27-SSA1, s. 2604eg
8Section 2604eg. 125.28 (2) (b) 1. b. and c. and 2. of the statutes are amended
9to read:
SB27-SSA1,1100,1110
125.28
(2) (b) 1. b. A Class "B" license issued under s. 125.26
, except as provided
11in s. 125.29 (4).
SB27-SSA1,1100,1212
c. A Class "B" permit issued under s. 125.27
, except as provided in s. 125.29 (4).
SB27-SSA1,1100,1513
2.
A Except as provided in s. 125.33 (2m), a person who has a direct or indirect
14ownership interest in a premises operating under one or more of the licenses or
15permits listed in subd. 1. a. to
e. f.
SB27-SSA1,1100,1717
125.28
(2) (b) 1. f. A brewer's permit issued under s. 125.29.
SB27-SSA1,1100,2320
125.28
(2) (d) Notwithstanding par. (b) 1. f. and 2., a wholesaler may not hold
21any ownership interest in any brewer, except a wholesaler that holds an ownership
22interest in a brewer on the effective date of this paragraph .... [LRB inserts date], may
23continue to hold that interest.
SB27-SSA1,1101,224
(e) 1. Any person holding an unexpired wholesaler's license issued under s.
25125.28, 2009 stats., prior to January 1, 2012, shall be treated as holding a valid
1wholesaler's permit under this section until January 1, 2013. On January 1, 2013,
2all wholesaler's licenses issued under s. 125.28, 2009 stats., shall be void.
SB27-SSA1,1101,73
2. After January 1, 2012, the department shall issue to each person holding an
4unexpired wholesaler's license issued under s. 125.28, 2009 stats., a wholesaler's
5permit if the person does not hold a license or permit prohibited under par. (b). The
6issuance of a wholesaler's permit by the department to any person shall invalidate
7any previous wholesaler's license issued under s. 125.28, 2009 stats., to the person.
SB27-SSA1,1101,129
125.28
(3) Wholesalers'
licenses
permits shall particularly describe the
10premises for which issued and are not transferable, except as provided in
ss. s. 125.04
11(12)
and 125.25 (2) (b) 4. A wholesaler's
license permit is subject to revocation for
12violation of any of the terms or provisions thereof.
SB27-SSA1,1101,1914
125.28
(4) The amount of the
license
permit fee shall be
determined established 15by the
municipal governing body issuing the license but department and shall be an
16amount that is sufficient to fund one special agent position dedicated to alcohol and
17tobacco enforcement at the department, but the permit fee may not exceed
$25 18$2,500 per year or fractional part thereof.
All permit fees received under this
19subsection shall be credited to the appropriation account under s. 20.566 (1) (hd).
SB27-SSA1,1102,221
125.28
(5) (a) The premises described in a permit issued under this section
22shall be capable of warehousing fermented malt beverages. Any fermented malt
23beverages sold by the wholesaler shall be physically unloaded at the premises
24described in the permit, or at any warehouse premises for which the wholesaler also
1holds a permit under this section and a permit issued under s. 125.19, prior to being
2delivered to a retail licensee or to another wholesaler.
SB27-SSA1,1102,93
(b) A wholesaler under this section shall annually sell and deliver fermented
4malt beverages to at least 25 retail licensees or other wholesalers that do not have
5any direct or indirect interest in each other or in the wholesaler. The department
6may not issue a permit under this section unless the applicant represents to the
7department an intention to satisfy this requirement, and may not renew a permit
8issued under this section unless the wholesaler demonstrates that this requirement
9has been satisfied.
SB27-SSA1,1102,1210
(c) No fermented malt beverages retail licensee or wholesaler may receive a
11benefit from a violation under par. (a) or (b) with knowledge of the circumstances
12giving rise to the violation.
SB27-SSA1,1102,1713
(d) 1. A wholesaler that violates this subsection shall be fined not more than
14$10,000. In addition, a court shall order the wholesaler to forfeit an amount equal
15to any profit gained by the wholesaler or retail licensee that violates par. (c), or by
16both, resulting from the violation, and the court shall further order that the
17wholesaler's permit be revoked.
SB27-SSA1,1102,2118
2. A court shall order a retail licensee or wholesaler that violates this
19subsection to forfeit an amount equal to any profit gained by the retail licensee or
20wholesaler resulting from the violation, and the court shall further order that the
21retail license or wholesaler's permit be revoked.
SB27-SSA1,1102,2422
3. This paragraph shall not affect the authority of any municipality or the
23department to revoke, suspend, or refuse to renew or issue a license or permit under
24s. 125.12.
SB27-SSA1,1103,9
1(e) The department shall promulgate rules to administer and enforce the
2requirements under this subsection. The rules shall ensure coordination between
3the department's issuance and renewal of permits under this section and its
4enforcement of the requirements of this subsection, and shall require that all
5applications for issuance or renewal of permits under this section be processed by
6department personnel generally familiar with activities of fermented malt beverages
7wholesalers. The department shall establish by rule minimum requirements for
8warehouse facilities on premises described in permits issued under this section and
9for periodic site inspections by the department of such warehouse facilities.
SB27-SSA1,1103,1411
125.29
(1) Permit. No person may operate as a brewer unless that person
12obtains a permit from the department.
Each wholesaler required to register under
13s. 139.09 shall obtain a permit under this subsection. A permit under this section
14may only be issued to a person who holds a valid certificate issued under s. 73.03 (50).
SB27-SSA1, s. 2604fc
15Section 2604fc. 125.29 (2) (title) of the statutes is repealed and recreated to
16read:
SB27-SSA1,1103,1717
125.29
(2) (title)
Interest restrictions.
SB27-SSA1, s. 2604fe
18Section 2604fe. 125.29 (2) of the statutes is renumbered 125.29 (2) (a) and
19amended to read:
SB27-SSA1,1103,2220
125.29
(2) (a)
Except as provided in s. 125.31, no No person holding a
Class "A"
21license, Class "B" license or permit
, or wholesaler's permit issued under this chapter
22may register as a brewer.
SB27-SSA1,1103,2524
125.29
(2) (b) 1. Except as provided in subd. 2. or 3., no brewer may hold any
25ownership interest in any wholesaler.
SB27-SSA1,1104,2
12. A brewer may hold an ownership interest of less than 50 percent in a
2wholesaler if this ownership interest will not occur for more than 3 years.
SB27-SSA1,1104,93
3. If a wholesaler that has been granted distribution rights by a brewer for a
4brand in a designated sales territory is unable to service the designated sales
5territory for any reason, including the discontinuation of the wholesaler's
6distribution rights, bankruptcy, or criminal prosecution of the wholesaler in
7connection with operation of the wholesaler, and the reason is not the result of an
8action by the brewer, then a brewer shall be allowed, for a period of not more than
9one year, to take temporary control and operation of the wholesaler.
SB27-SSA1, s. 2604fi
10Section 2604fi. 125.29 (3) of the statutes is repealed and recreated to read:
SB27-SSA1,1104,1211
125.29
(3) Authorized activities. The department shall issue brewer's permits
12to eligible applicants authorizing all of the following:
SB27-SSA1,1104,1313
(a) The manufacture of fermented malt beverages on the brewery premises.
SB27-SSA1,1104,1514
(b) The bottling, packaging, possession, and storage of fermented malt
15beverages on the brewery premises.
SB27-SSA1,1104,1716
(c) The transportation of fermented malt beverages between the brewery
17premises and any depot or warehouse maintained by the brewer.
SB27-SSA1,1104,2118
(d) The sale, shipment, transportation, and delivery, in original unopened
19packages or containers, to wholesalers, from the brewery premises, of fermented
20malt beverages that have been manufactured by the brewer on those premises or on
21other premises of the brewer.
SB27-SSA1,1104,2522
(e) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale of fermented
23malt beverages that have been manufactured on the brewery premises or on other
24premises of the brewer for on-premise consumption by individuals at the brewery
25premises or an off-site retail outlet established by the brewer.
SB27-SSA1,1105,5
1(f) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale to individuals
2of fermented malt beverages, in original unopened packages or containers, that have
3been manufactured on the brewery premises or on other premises of the brewer for
4off-premise consumption by individuals, if the sale occurs at the brewery premises
5or at an off-site retail outlet established by the brewer.
SB27-SSA1,1105,126
(g) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale of fermented
7malt beverages, for on-premise consumption or for off-premise consumption in
8original unopened packages or containers, that have been manufactured on another
9brewery premises in this state if the fermented malt beverages have been purchased
10by the brewer from a wholesaler holding a permit under s. 125.28 or from another
11brewery located in this state that manufactures 300,000 or less barrels of beer in a
12calendar year.
SB27-SSA1,1105,1813
(h) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale of intoxicating
14liquor, for on-premise consumption by individuals at the brewery premises or an
15off-site retail outlet established by the brewer, if the brewer held, on June 1, 2011,
16a license or permit authorizing the retail sale of intoxicating liquor and if the
17intoxicating liquor has been purchased by the brewer from a wholesaler holding a
18permit under s. 125.54.
SB27-SSA1,1105,2019
(i) The provision of free taste samples on the brewery premises, at an off-site
20retail outlet established by the brewer, or as authorized under s. 125.33 (12).
SB27-SSA1,1105,2321
(j) The ownership, maintenance, or operation of places for the sale of fermented
22malt beverages at the state fair park or on any county fairgrounds located in this
23state.
SB27-SSA1,1106,2
1125.29
(3m) Sales to retailers. (a) Except as provided in pars. (b) and (c), no
2brewer may sell fermented malt beverages to a retail licensee.
SB27-SSA1,1106,83
(b) A brewer that manufactures 300,000 or less barrels of fermented malt
4beverages in a calendar year from all locations may sell, ship, transport and deliver
5to retailers, from the brewery premises, fermented malt beverages, in original
6unopened packages or containers, that have been manufactured on the brewery
7premises, if the brewer complies with the requirements in ss. 125.33 and 125.34, as
8applicable, to the same extent as if the brewer were a wholesaler.
SB27-SSA1,1106,169
(c) If a wholesaler that has been granted distribution rights by a brewer for a
10brand in a designated sales territory is unable to service the designated sale territory
11for any reason, including the discontinuation of the wholesaler's distribution rights,
12bankruptcy, or criminal prosecution of the wholesaler in connection with operation
13of the wholesaler, and the reason is not the result of an action by the brewer, then a
14brewer shall be allowed, for a period of not more than one year, to sell or ship any
15brand of fermented malt beverages to retailers located in the wholesaler's designated
16sales territory.
SB27-SSA1, s. 2604fo
18Section 2604fo. 125.29 (6) of the statutes is repealed and recreated to read:
SB27-SSA1,1106,2519
125.29
(6) Restaurants. A brewer may operate a restaurant on the brewery
20premises and at an off-site retail outlet established by the brewer. A brewer may not
21hold a restaurant permit for the operation of a restaurant at any other location except
22that a brewer may possess or hold an indirect interest in a Class "B" license for not
23more than 20 restaurants in each of which the sale of alcohol beverages accounts for
24less than 60 percent of the restaurant's gross receipts if no fermented malt beverages
25manufactured by the brewer are offered for sale in any of these restaurants.
SB27-SSA1,1107,22
125.295
(2) (a) 6. c. A wholesaler's
license permit issued under s. 125.28.
SB27-SSA1,1107,154
125.30
(1) The department shall issue out-of-state shippers' permits which,
5except as provided in
s. 125.34 (6) (c) sub. (4), authorize the permittee to ship
6fermented malt beverages only to holders of a wholesaler's
license permit issued
7under s. 125.28. Except with respect to any shipment from a warehouse in an
8adjoining state by a wholesaler issued a wholesale
license permit under s. 125.28 (1)
9(b), no person may receive fermented malt beverages in this state which have been
10directly shipped from outside this state by any person other than the holder of a
11permit issued under this section. Subject to s. 125.34 (2)
and (6) (c), all shipments
12of fermented malt beverages to a wholesaler of fermented malt beverages in this
13state, whether shipped to the wholesaler from inside this state or from outside this
14state, shall be unloaded in
, physically at rest in, and
only then distributed from the
15wholesaler's warehouse in this state.
SB27-SSA1,1108,317
125.30
(3) Out-of-state shippers' permits may be issued only to a person who
18holds a valid certificate issued under s. 73.03 (50)
and
, who is qualified under s.
19125.04 (5)
, who does not maintain an office or street address in this state, and who
20is the primary source of supply for the brand of fermented malt beverages. An
21out-of-state shipper's permit may not be issued to a person determined by the
22department to be primarily engaged in wholesale or retail sales in another state.
23Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state shippers'
24permits are not required to be residents of this state. Notwithstanding s. 125.04 (5)
25(a) 5., a person is not required to complete a responsible beverage server training
1course to be qualified for a permit under this section. Notwithstanding s. 125.04 (6),
2corporations or limited liability companies obtaining out-of-state shippers' permits
3are not required to appoint agents.
SB27-SSA1,1108,125
125.30
(4) An out-of-state brewer that manufactures 300,000 barrels or less
6of fermented malt beverages in a calendar year from all locations and that holds an
7out-of-state shipper's permit may sell and ship fermented malt beverages directly
8to retail licensees if the out-of-state brewer registers with the department, files
9whatever periodic reports with the department as the department may require, and
10complies with the requirements in ss. 125.33 and 125.34, as applicable, to the same
11extent as if the out-of-state brewer were a wholesaler holding a permit under s.
12125.28.
SB27-SSA1,1108,1915
125.32
(3) (c) Hotels and restaurants the principal business of which is the
16furnishing of food and lodging to patrons, bowling centers,
movie theaters, indoor
17horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may
18remain open for the conduct of their regular business but may not sell fermented
19malt beverages during the hours specified in par. (a).
SB27-SSA1,1108,2121
125.32
(3m) (h) A movie theater.
SB27-SSA1,1109,623
125.33
(1) (a) Except as provided in this section and
ss. s. 125.295
and 125.31,
24no brewer, brewpub, or wholesaler may furnish, give, lend, lease, or sell any
25furniture, fixtures, fittings, equipment, money, or other thing of value to any campus
1or Class "B" licensee or permittee, or to any person for the use, benefit, or relief of any
2campus or Class "B" licensee or permittee, or guarantee the repayment of any loan
3or the fulfillment of any financial obligation of any campus or Class "B" licensee or
4permittee. Such actions may not be taken by the brewer, brewpub, or wholesaler
5directly or indirectly, or through a subsidiary or affiliate corporation or limited
6liability company, or by any officer, director, stockholder, partner, or member thereof.
SB27-SSA1,1109,108
125.33
(7) (a) 1. a. Receive, purchase, or acquire fermented malt beverages from
9any
licensee, or wholesale permittee or from any brewpub acting under authority of
10s. 125.295 (1) (g), except for cash or credit for a period of not more than 15 days.