SB418,9,1716
125.295
(3) (a) No brewpub group may hold more than
6 12 brewpub permits
17issued under this section.
SB418,18
18Section 18
. 125.295 (3) (b) of the statutes is amended to read:
SB418,9,2519
125.295
(3) (b)
A Except as provided in sub. (3m), a brewpub may not hold any
20Class “B" license other than one issued for a restaurant on the brewpub premises.
21Notwithstanding s. 125.26 (2) (a), each Class “B" license shall be issued for the
22brewpub's restaurant in the same name as the permittee under this section.
23Notwithstanding s. 125.33 (1), a brewpub may own the furniture, fixtures, fittings,
24furnishings, and equipment on the Class “B" premises and shall pay any license fee
25or tax required for the operation of the premises.
SB418,19
1Section
19. 125.295 (3) (c) of the statutes is amended to read:
SB418,10,42
125.295
(3) (c)
Subject Except as provided in sub. (3m), and subject to the
3requirements specified in s. 125.51 (3) and (3m), a brewpub may also hold “Class B"
4licenses and “Class C" licenses, but only for restaurants on brewpub premises.
SB418,20
5Section 20
. 125.295 (3m) of the statutes is created to read:
SB418,10,86
125.295
(3m) If a brewpub also holds a distillpub permit under s. 125.525 and
7the brewpub permit and distillpub permit are issued in the same name, in addition
8to any authorization under sub. (1), the permittee may do any of the following:
SB418,10,99
(a) Hold any retail license authorized under s. 125.525 (4) (b).
SB418,10,1310
(b) Distribute fermented malt beverages manufactured on the brewpub
11premises directly to the permittee's Class “A” or Class “B" licensed premises
12authorized under s. 125.525 (4) (b), which distribution shall not be included in any
13calculation of the 1,000 barrel limitation under sub. (1) (g).
SB418,21
14Section 21
. 125.33 (9) of the statutes is amended to read:
SB418,10,2115
125.33
(9) Campuses and retailers to purchase from wholesalers. Except as
16provided in ss. 125.29 (3m) (b) and (c), 125.295 (1) (g)
and (3m), and 125.30 (4), no
17campus or retail licensee or permittee may purchase or possess fermented malt
18beverages purchased from any person other than a wholesaler holding a permit
19under this chapter for the sale of fermented malt beverages. Any person who violates
20this subsection may be fined not more than $10,000 or imprisoned for not more than
219 months or both.
SB418,22
22Section 22
. 125.51 (2) (am) of the statutes is amended to read:
SB418,11,1123
125.51
(2) (am) In addition to the authorization under par. (a) and s. 125.06
24(13), a “Class A" license authorizes the licensee to provide, free of charge, to
25customers and visitors who have attained the legal drinking age, taste samples of
1intoxicating liquor other than wine that are not in original packages or containers
2and that do not exceed 0.5 fluid ounces each, for consumption on the “Class A"
3premises. No “Class A" licensee may provide more than one such taste sample per
4day to any one person. Taste samples may be provided under this paragraph only
5between the hours of 11 a.m. and 7 p.m. Any representative of a manufacturer,
6rectifier,
distillpub, winery, or out-of-state shipper issued a permit under s. 125.52,
7125.525, 125.53, or 125.58 may assist the “Class A" licensee in dispensing or serving
8the taste samples. No “Class A" licensee may provide as taste samples under this
9paragraph intoxicating liquor other than wine that the “Class A" licensee did not
10purchase from a wholesaler
, unless the “Class A” licensee is a distillpub providing
11intoxicating liquor manufactured or rectified by the distillpub.
SB418,23
12Section 23
. 125.51 (3) (f) of the statutes is amended to read:
SB418,11,1613
125.51
(3) (f) A “Class B" license may be issued only to a holder of a retail Class
14“B" license to sell fermented malt beverages unless the “Class B" license is the kind
15of “Class B" license specified under par. (am)
or
, is a temporary “Class B" license
16under sub. (10)
, or is a “Class B” license issued to a distillpub.
SB418,24
17Section 24
. 125.51 (4) (a) 1. of the statutes is amended to read:
SB418,11,2018
125.51
(4) (a) 1. “License" means a retail “Class B" license issued under sub.
19(3) but does not include a “Class B" license issued to wineries under sub. (3) (am)
or
20a “Class B” license issued to a distillpub.
SB418,25
21Section
25. 125.51 (4) (br) 1. i. of the statutes is created to read:
SB418,11,2422
125.51
(4) (br) 1. i. Multiply the result under subd. 1. a. to h. by 1.1, except that
23if the product is not a whole number, round the product up to the nearest whole
24number.
SB418,26
1Section
26. 125.51 (4) (br) 2. of the statutes is renumbered 125.51 (4) (br) 2.
2(intro.) and amended to read:
SB418,12,63
125.51
(4) (br) 2. (intro.) Notwithstanding subd. 1., if the difference between
4the number of licenses determined under par. (b) 1g. and under par. (bm) 1. is 3 or
5fewer, the number of reserve “Class B" licenses authorized to be issued by that
6municipality is the
sum of the following:
SB418,12,14
7a. The difference between the number of licenses determined under par. (b) 1g.
8and under par. (bm) 1., plus one per each increase of 500 population to the population
9recorded under par. (bm), plus one for each license transferred to the municipality
10under par. (e), minus one for each license transferred from the municipality under
11par. (e), plus one if the municipality had issued a license under s. 125.51 (4) (br) 2.,
121999 stats., based on a fraction of 500 population but only as long as the total number
13of licenses issued by the municipality equals the maximum number of licenses
14authorized.
SB418,27
15Section
27. 125.51 (4) (br) 2. b. of the statutes is created to read:
SB418,12,1816
125.51
(4) (br) 2. b. The result under subd. 2. a. multiplied by 0.1, except that
17if the product is not a whole number, round the product up to the nearest whole
18number.
SB418,28
19Section 28
. 125.52 (1) (b) 1. of the statutes is amended to read:
SB418,12,2520
125.52
(1) (b) 1. A manufacturer's or rectifier's permit entitles the permittee
21to sell intoxicating liquor to wholesalers holding a permit under s. 125.54, to wineries
22holding a permit under s. 125.53,
to distillpubs holding a permit under s. 125.525, 23and to other manufacturers and rectifiers holding a permit under this section, from
24the premises described in the permit. Except as provided in subd. 2., no sales may
25be made for consumption on the premises of the permittee.
SB418,29
1Section
29. 125.52 (3) of the statutes is amended to read:
SB418,13,82
125.52
(3) Persons eligible. Except as provided under
sub. (8) and s. 125.69,
3a manufacturer's or rectifier's permit may be issued to any person who holds a valid
4certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except
5a foreign corporation, a foreign limited liability company or a person acting as an
6agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person
7is not required to complete a responsible beverage server training course to be
8eligible for a permit under this section.
SB418,30
9Section 30
. 125.52 (8) of the statutes is created to read:
SB418,13,1310
125.52
(8) Distillpubs. Neither a manufacturer's permit nor a rectifier's
11permit may be issued under this section to any person that holds, or has a direct or
12indirect ownership interest in a premises operating under, a distillpub permit issued
13under s. 125.525.
SB418,31
14Section 31
. 125.525 of the statutes is created to read:
SB418,13,15
15125.525 Distillpub permits. (1) Definitions. In this section:
SB418,13,1616
(a) “Distilled spirits” means intoxicating liquor other than wine.
SB418,13,1917
(b) “Rectify” or “rectification” means blending, mixing, purifying, refining,
18aging, or otherwise processing distilled spirits, including with wine or other
19ingredients, but does not include distilling.
SB418,13,21
20(2) Authorized activities. The department shall issue distillpub permits to
21eligible applicants authorizing all of the following:
SB418,13,2522
(a) The manufacture or rectification, or both, of distilled spirits on the
23distillpub premises if not more than a combined total of 300,000 gallons of distilled
24spirits are manufactured or rectified in a calendar year by the permittee's distillpub
25group.
SB418,14,2
1(b) The bottling on distillpub premises of distilled spirits that have been
2manufactured or rectified on these premises.
SB418,14,33
(c) The possession and storage of intoxicating liquor on distillpub premises.
SB418,14,74
(d) The transportation of distilled spirits that have been manufactured or
5rectified on the distillpub premises between these premises and any other distillpub
6premises of the distillpub group or any retail premises for which the distillpub group
7is authorized under sub. (4) (b) to hold a retail license.
SB418,14,118
(e) The sale at wholesale, shipment, transportation, and delivery, in original
9unopened packages or containers, to wholesalers holding a permit under s. 125.54,
10from the distillpub premises, of distilled spirits that have been manufactured or
11rectified on these premises or on other distillpub premises of the distillpub group.
SB418,14,2212
(f) The sale at wholesale, shipment, transportation, and delivery, in original
13unopened packages or containers, to retailers, from the distillpub premises, of
14distilled spirits that have been manufactured or rectified on these premises or on
15other distillpub premises of the distillpub group. A distillpub's distillpub group may
16not sell, ship, transport, or deliver more than a total of 30,000 gallons of distilled
17spirits in any calendar year to retailers under this paragraph. Distilled spirits
18provided by a distillpub to any retail premises for which the distillpub group is
19authorized under sub. (4) (b) to hold a retail license shall not be included in any
20calculation of the 30,000 gallon limitation under this paragraph. Deliveries and
21shipments of distilled spirits by a distillpub under this paragraph shall be made to
22retailers only at their retail premises.
SB418,15,223
(g) Notwithstanding s. 125.04 (9), the retail sale on distillpub premises of
24distilled spirits, in original unopened packages or containers, that have been
1manufactured or rectified on the distillpub premises or on other distillpub premises
2of the distillpub group for off-premise consumption by individuals.
SB418,15,93
(h) Notwithstanding ss. 125.04 (9) and 125.51 (6), the retail sale, shipment,
4transportation, and delivery, in original unopened packages or containers, to
5individuals at their residences or other designated addresses, from the distillpub
6premises, of distilled spirits that have been manufactured or rectified on these
7premises or on other distillpub premises of the distillpub group, if the individual
8arranges while physically present on the distillpub premises to receive periodic
9direct shipments of distilled spirits from the distillpub.
SB418,15,1210
(i) The sale of alcohol beverages at retail in accordance with the terms of any
11retail license authorized to be held by the distillpub under sub. (4) (b), along with the
12exercise of any other privilege afforded by the retail license.
SB418,15,14
13(3) Persons eligible. (a) An applicant is eligible for a distillpub permit only
14if all of the following apply:
SB418,15,1615
1. The applicant's distillpub group manufactures or rectifies, or both, a
16combined total of not more than 300,000 gallons of distilled spirits in a calendar year.
SB418,15,1817
2. The applicant operates on the distillpub premises a restaurant for which a
18license is issued under s. 97.30.
SB418,15,2319
3. The applicant holds a “Class B" license, the restaurant identified in subd. 2.
20is located on the “Class B” licensed premises, and, on the “Class B" licensed premises,
21the applicant offers for sale, in addition to distilled spirits manufactured or rectified
22by the applicant, intoxicating liquor not manufactured or rectified by the applicant
23and its distillpub group.
SB418,16,324
4. The applicant holds a valid certificate issued under s. 73.03 (50) and is
25qualified under s. 125.04 (5), except that an applicant may not be a person acting as
1an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person
2is not required to complete a responsible beverage server training course to be
3eligible for a permit under this section.
SB418,16,64
5. Neither the applicant nor the applicant's distillpub group holds, or has a
5direct or indirect ownership interest in a premises operating under, any of the
6following:
SB418,16,87
a. Except as provided in sub. (4) (b), a Class “A" license issued under s. 125.25
8or a “Class A” license issued under s. 125.51 (2).
SB418,16,119
b. Except as provided in sub. (4) (b), a Class “B" license or permit issued under
10s. 125.26 or 125.27, a “Class B" license or permit issued under s. 125.51 (3) or (5), or
11a “Class C" license issued under s. 125.51 (3m).
SB418,16,1212
c. A wholesaler's permit issued under s. 125.54.
SB418,16,1313
d. A manufacturer's permit or rectifier's permit issued under s. 125.52.
SB418,16,1414
e. A brewer's permit issued under s. 125.29.
SB418,16,1515
f. An alcohol beverage warehouse permit issued under s. 125.19.
SB418,16,2316
(b) If an applicant under par. (a) has no current operations, the applicant may
17certify that the applicant has applied for or will apply for a “Class B" license or license
18under s. 97.30 for a restaurant or will comply with any other requirement under par.
19(a), prior to or upon commencing operations authorized under this section. If a “Class
20B" license or license under s. 97.30 for a restaurant is not subsequently issued to the
21applicant, or if the applicant otherwise fails to comply with any requirement for
22eligibility under par. (a), the department may revoke under s. 125.12 (5) the permit
23issued under this section.
SB418,17,424
(c) If an applicant under par. (a) holds any license or permit prohibited under
25par. (a) 5. at the time of its application, the applicant may certify that the applicant
1will surrender any such license or permit upon issuance of a permit under this
2section. If the department issues a permit under this section and the applicant fails
3to surrender any license or permit prohibited under par. (a) 5., the department may
4revoke under s. 125.12 (5) the permit issued under this section.
SB418,17,8
5(4) Multiple permits; retail licenses. (a) No distillpub group may hold more
6than 6 distillpub permits issued under this section. If a distillpub group holds more
7than one permit issued under this section, the distillpub group is not required to
8manufacture or rectify distilled spirits on each premises for which a permit is issued.
SB418,17,99
(b) A distillpub may hold only the following retail licenses:
SB418,17,1110
1. Any “Class B” license for which the licensed premises includes a restaurant
11on distillpub premises, as described in sub. (3) (a) 2. and 3.
SB418,17,1412
2. Not more than 6 “Class B” licenses in addition to those authorized under
13subd. 1. if any of these additional 6 “Class B” licenses was initially issued prior to
14January 1, 1983.
SB418,17,1615
3. A Class “B” license for any premises for which a “Class B” license authorized
16under subd. 1. or 2. is issued.
SB418,17,1817
4. One Class “A” license and one “Class A” license, both issued for the same
18premises and initially issued prior to January 1, 1990.
SB418,17,2119
5. If the distillpub also holds a brewpub permit under s. 125.295 and the
20distillpub permit and the brewpub permit are issued in the same name, any retail
21license authorized under s. 125.295 (3) (b) and (c).
SB418,17,2322
(c) Each retail license authorized under par. (b) shall be issued in the same
23name as the distillpub permittee.
SB418,18,3
1(5) Fees. The fee established by the department for a distillpub permit shall
2not exceed the fee established by the department for a manufacturer's permit under
3s. 125.52.
SB418,18,5
4(6) Rule making. The department may promulgate rules and prescribe forms
5to administer and enforce this section.
SB418,32
6Section 32
. 125.53 (3) of the statutes is created to read:
SB418,18,97
125.53
(3) A winery holding a permit under this section may hold a Class “B"
8license authorizing the retail sale of fermented malt beverages if the winery holds
9a “Class B" license issued for the same premises.
SB418,33
10Section 33
. 125.54 (1) of the statutes is amended to read:
SB418,18,1711
125.54
(1) Authorized activities. The department shall issue wholesalers'
12permits authorizing the permittee to sell, from the premises described in the permit,
13intoxicating liquor at wholesale to retailers and wholesalers, as well as to
14manufacturers, rectifiers,
distillpubs, and wineries for production purposes. The
15permittee may not sell intoxicating liquor for consumption on the premises.
16Possession of a permit under this section does not authorize the permittee to sell
17tax-free intoxicating liquor and wine brought into this state under s. 139.03 (5).
SB418,34
18Section 34
. 125.54 (7) (a) 1. of the statutes is renumbered 125.54 (7) (a).
SB418,35
19Section 35
. 125.54 (7) (a) 2. of the statutes is repealed.
SB418,36
20Section 36
. 125.54 (8) of the statutes is amended to read:
SB418,19,221
125.54
(8) Duty to work in good faith. Each wholesaler has an obligation to
22negotiate in good faith with any manufacturer, rectifier,
distillpub, or winery that
23seeks to sell its products in this state through the wholesaler. To this end, all
24wholesalers shall work diligently to ensure that distribution channels are available
1for the sale of intoxicating liquor products through wholesalers to retailers in this
2state.
SB418,37
3Section 37
. 125.545 (1) (d) of the statutes is amended to read:
SB418,19,54
125.545
(1) (d) “Small winery" means any winery that produces and bottles less
5than
25,000 50,000 gallons of wine in a calendar year.
SB418,38
6Section 38
. 125.58 (1) of the statutes is amended to read:
SB418,19,247
125.58
(1) The department shall issue out-of-state shippers' permits which
8authorize persons located outside this state to sell or ship intoxicating liquor into this
9state. Except as provided under sub. (4), intoxicating liquor may be shipped into this
10state only to a person holding a wholesaler's permit under s. 125.54 or, if shipped
11from a manufacturer or rectifier in another state holding a permit under this section,
12to a person holding a manufacturer's or rectifier's permit under s. 125.52
, a distillpub
13permit under s. 125.525, or a winery permit under s. 125.53. Except as provided
14under sub. (4), a separate out-of-state shipper's permit is required for each location
15from which any intoxicating liquor is sold or shipped into this state, including the
16location from which the invoices are issued for the sales or shipments. Any person
17holding an out-of-state shipper's permit issued under this section may solicit orders
18for sales or shipments by the permittee without obtaining the sales solicitation
19permit required by s. 125.65, but every agent, salesperson or other representative
20who solicits orders for sales or shipments by an out-of-state shipper shall first obtain
21a permit for soliciting orders under s. 125.65. No holder of an out-of-state shipper's
22permit issued under this section may sell intoxicating liquor in this state or ship
23intoxicating liquor into this state unless the out-of-state shipper is the primary
24source of supply for that intoxicating liquor.
SB418,39
25Section 39
. 125.68 (4) (c) 3m. of the statutes is amended to read:
SB418,20,4
1125.68
(4) (c) 3m. No premises for which a “Class B" license has been issued
2under s. 125.51 (3) (am) may remain open for the sale of intoxicating liquor between
3the hours of
9 p.m. 2 a.m. and 8 a.m.
A municipality may, by ordinance, impose more
4restrictive hours than are provided in this subdivision.
SB418,40
5Section 40
. 125.68 (9) (b) of the statutes is amended to read:
SB418,20,96
125.68
(9) (b) All containers of intoxicating liquor sold in this state shall be
7clearly and legibly labeled with the name and address of the manufacturer
or
8distillpub and the name of the intoxicating liquor. The label shall meet any other
9labeling requirements created by the federal alcohol administration act.
SB418,41
10Section 41
. 125.68 (9) (d) of the statutes is amended to read:
SB418,20,1311
125.68
(9) (d) All packages or containers of intoxicating liquor delivered in this
12state shall bear seals affixed by the manufacturer
or distillpub so that the contents
13cannot be removed without breaking the seals.
SB418,42
14Section 42
. 125.68 (10) of the statutes is amended to read:
SB418,20,2015
125.68
(10) Shipments into state. (a) Except as provided in s. 125.535, no
16intoxicating liquor may be shipped into this state unless consigned to a person
17holding a wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or
18rectifier in another state holding a permit under s. 125.58, consigned to a person
19holding a manufacturer's or rectifier's permit under s. 125.52
, a distillpub permit
20under s. 125.525, or a winery permit under s. 125.53.
SB418,21,321
(b) Except as provided in
s. ss. 125.525 (2)(h) and 125.535, no common carrier
22or other person may transport into and deliver within this state any intoxicating
23liquor unless it is consigned to a person holding a wholesaler's permit under s. 125.54
24or, if shipped from a manufacturer or rectifier in another state holding a permit
25under s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit
1under s. 125.52
, a distillpub permit under s. 125.525, or a winery permit under s.
2125.53. Any common carrier violating this paragraph shall forfeit $100 for each
3violation.