Feed for /2011/related/proposals/sb395 PDF
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2011 - 2012 LEGISLATURE
January 20, 2012 - Introduced by Senators Ellis, Lazich, Harsdorf, Wanggaard,
Kedzie
and Grothman, cosponsored by Representatives Kaufert, Kooyenga,
Brooks, Pasch, Kestell, Wynn, Thiesfeldt, Pocan, Pridemore, Spanbauer, C.
Taylor, Van Roy, Honadel
and Bernard Schaber. Referred to Committee on
Energy, Biotechnology, and Consumer Protection.
SB395,1,4 1An Act to renumber and amend 125.06 (3); to amend 125.06 (3) (title); to
2repeal and recreate
139.04 (1); and to create 125.02 (6m), 125.06 (3) (a) 2.
3and 3. and (b) and 125.06 (3m) of the statutes; relating to: homemade wine and
4fermented malt beverages.
Analysis by the Legislative Reference Bureau
Under current law, a person is not required to hold a license or permit to make
wine or fermented malt beverages (beer) at his or her home, farm, or place of
residence if the wine or beer is to be consumed by the person or his or her family and
guests and if the person receives no compensation. Also under current law, a person
is not required to pay an occupational tax on wine or beer made at home solely for
consumption at home by the person's family and guests, without compensation.
This bill significantly modifies the standards for the production and use of
homemade wine and beer for which a license or permit is not required and for which
occupational taxes are not owed. Under the bill, "homemade" wine and beer is wine
and beer made by a person's own efforts and not for a commercial purpose, and is not
limited to wine or beer made in the person's home. Under the bill, no license or permit
is required for the making of homemade wine or beer, and the possession,
transportation, or storage of homemade wine or beer, if all of the following apply: 1)
the person who makes the wine or beer receives no compensation; 2) the wine or beer
is not sold or offered for sale; and 3) the total quantity of wine or beer made by the
person and any other person living in the same household does not exceed 100 gallons
or 200 gallons per calendar year, depending on how many persons of legal drinking

age live in the household. If wine or beer is made in compliance with these
requirements, this homemade wine or beer may also be used, without any license or
permit, for purposes of exhibition, demonstration, judging, tasting, or sampling or
as part of a contest or competition (collectively "home maker's event").
The bill also allows a person, including an alcohol beverage retailer or other
permit holder, to conduct, sponsor, or host, at a public or private place under the
control of the person, a home maker's event if the person does not sell, or acquire any
ownership interest in, the homemade wine or beer.
Under the bill, homemade wine or beer made in compliance with the
requirements identified as items 1 to 3 above is exempt from the occupational tax.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB395, s. 1 1Section 1. 125.02 (6m) of the statutes is created to read:
SB395,2,52 125.02 (6m) "Homemade," with respect to the making of wine and fermented
3malt beverages, means wine and fermented malt beverages made by a person's own
4efforts and not for a commercial purpose, but does not require that the wine or
5fermented malt beverages be made in the person's home.
SB395, s. 2 6Section 2. 125.06 (3) (title) of the statutes is amended to read:
SB395,2,87 125.06 (3) (title) Homemade The making of homemade wine or fermented malt
8beverages.
SB395, s. 3 9Section 3. 125.06 (3) of the statutes is renumbered 125.06 (3) (a) (intro.) and
10amended to read:
SB395,3,211 125.06 (3) (a) (intro.) The manufacture of making of homemade wine or
12fermented malt beverages of any alcoholic content, and the possession,
13transportation, or storage of homemade wine or fermented malt beverages,
by any
14person at his or her home, farm or place of residence if the wine or fermented malt

1beverages is to be consumed by that person or his or her family and guests, and if the

2if all of the following apply:
SB395,3,4 31. The person manufacturing who makes the wine or fermented malt beverages
4receives no compensation.
SB395, s. 4 5Section 4. 125.06 (3) (a) 2. and 3. and (b) of the statutes are created to read:
SB395,3,76 125.06 (3) (a) 2. The wine or fermented malt beverages are not sold or offered
7for sale.
SB395,3,118 3. The total quantity of wine or fermented malt beverages made, in a calendar
9year, by the person and any other person living in the same household does not exceed
10100 gallons if the household has only one person of legal drinking age or 200 gallons
11if the household has 2 or more persons of legal drinking age.
SB395,3,1412 (b) A person who makes, possesses, transports, or stores homemade wine or
13fermented malt beverages in compliance with the limitations specified in par. (a) is
14not a brewer or a manufacturer of wine for purposes of this chapter.
SB395, s. 5 15Section 5. 125.06 (3m) of the statutes is created to read:
SB395,3,2516 125.06 (3m) The use of homemade wine or fermented malt beverages for
17competitions or exhibitions or similar purposes.
(a) The use of homemade wine or
18fermented malt beverages made in compliance with the limitations specified in sub.
19(3) (a) for purposes of exhibition, demonstration, judging, tasting, or sampling or as
20part of a contest or competition. Homemade wine or fermented malt beverages used
21for purposes described in this paragraph, including the submission or consumption
22of such wine or fermented malt beverages, are not considered sold or offered for sale
23under sub. (3) (a) 2. and any prize awarded at a contest or competition or as a result
24of an exhibition, demonstration, judging, tasting, or sampling is not considered
25compensation under sub. (3) (a) 1.
SB395,4,17
1(b) Notwithstanding ss. 125.09 (1), 125.14 (5), 125.315, 125.32 (6) (a), 125.34
2(2) and (5), and 125.67, a person, including a licensee or permittee under this chapter,
3may conduct, sponsor, or host, at a public or private place under the control of the
4person, a contest, competition, or other event for the exhibition, demonstration,
5judging, tasting, or sampling of homemade wine or fermented malt beverages made
6in compliance with the limitations specified in sub. (3) (a) if the person does not sell
7the wine or fermented malt beverages and, unless the person is the maker of the wine
8or fermented malt beverages, does not acquire any ownership interest in the wine
9or fermented malt beverages. If the contest, competition, or other event is held on
10premises for which a license or permit has been issued under this chapter, the
11licensee or permittee may allow the homemade wine or fermented malt beverages to
12be stored on the premises if the homemade wine or fermented malt beverages are
13clearly identified and kept separate from any alcohol beverages owned by the
14licensee or permittee. If the contest, competition, or other event is held on premises
15for which a license or permit has been issued under this chapter, the provisions of ss.
16125.32 (7) and 125.68 (9) (e) do not apply with respect to the homemade wine or
17fermented malt beverages.
SB395, s. 6 18Section 6. 139.04 (1) of the statutes is repealed and recreated to read:
SB395,4,2019 139.04 (1) Wine, as defined in s. 125.02 (22), or fermented malt beverages made
20in compliance with the limitations specified in s. 125.06 (3) (a).
SB395, s. 7 21Section 7. Effective date.
SB395,4,2322 (1) This act takes effect on the first day of the 3rd month beginning after
23publication.
SB395,4,2424 (End)
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