SB801: Bill Text

SB801,92 Section 92. 125.51 (5) (b) 2. of the statutes is amended to read:

SB801,31,16 125.51 (5) (b) 2. The department office shall issue a “Class B" permit to a concessionaire that holds a valid certificate issued under s. 73.03 (50) and that conducts business in an operating airport or public facility, if the county or municipality which owns the airport or public facility has, by resolution of its governing body, annually applied to the department office for the permit. The permit authorizes the sale of intoxicating liquor for consumption by the glass and not in the original package or container on the premises.

SB801,93 Section 93. 125.51 (5) (b) 4. of the statutes is amended to read:

SB801,31,19 125.51 (5) (b) 4. The department office may not issue a permit under this paragraph to any county or municipality or officer or employee thereof.

SB801,94 Section 94. 125.51 (5) (c) 1. of the statutes is amended to read:

SB801,32,14 125.51 (5) (c) 1. The department office may issue a “Class B" permit to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5) authorizing the sale of intoxicating liquor for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under s. 29.001 (45) and (63) if the vessel either serves food and has an approved passenger capacity of not less than 40 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50 percent of the gross receipts of all of the food and beverages served on the vessel or if the vessel has an approved passenger capacity of at least 100 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50 percent of the gross receipts of the vessel. The department office may issue the permit only if the vessel leaves its place of mooring while the sale of intoxicating liquor is taking place and if the vessel fulfills the requirement under par. (c) 1m. A permit issued under this subdivision also authorizes the permittee to store intoxicating liquor purchased for sale on the vessel on premises owned or leased by the permittee and located near the vessel's regular place of mooring. The permittee shall describe on the permit application under s. 125.04 (3) (a) 3. the premises where the intoxicating liquor will be stored. The premises shall be open to inspection by the department office upon request.

SB801,95 Section 95. 125.51 (5) (d) 2. of the statutes is amended to read:

SB801,32,23 125.51 (5) (d) 2. Upon application, the department office shall issue a “Class B" permit to a tribe that holds a valid certificate issued under s. 73.03 (50) and that is qualified under s. 125.04 (5) and (6). The permit authorizes the retail sale of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. The permit also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed 4 liters at any one time, to be consumed off the premises where sold, except that wine is not subject to the 4-liter limitation.

SB801,96 Section 96. 125.52 (1) (a) of the statutes is amended to read:

SB801,33,5 125.52 (1) (a) The department office shall issue manufacturers' and rectifiers' permits which authorize the manufacture or rectification, respectively, of intoxicating liquor on the premises covered by the permit. A person holding a manufacturer's or rectifier's permit may manufacture and bottle wine, pursuant to the terms of the permit, without procuring a winery permit.

SB801,97 Section 97. 125.52 (1) (b) 1. of the statutes is amended to read:

SB801,33,12 125.52 (1) (b) 1. A manufacturer's or rectifier's permit entitles the permittee to sell intoxicating liquor to wholesalers holding a permit under s. 125.54, to wineries holding a permit under s. 125.53, to resort manufacturers holding a permit under s. 125.525, and to other manufacturers and rectifiers holding a permit under this section, from the premises described in the permit. Except as provided in subd. 2., no sales may be made for consumption on the premises of the permittee.

SB801,98 Section 98. 125.52 (1) (b) 2. of the statutes is amended to read:

SB801,34,2 125.52 (1) (b) 2. Notwithstanding s. 125.09 (1), a manufacturer's or rectifier's permit authorizes the retail sale of intoxicating liquor that is manufactured or rectified on the premises, for consumption on or off the premises. A manufacturer's or rectifier's permit also authorizes the provision of taste samples, free of charge and in an amount not exceeding a total of 1.5 fluid ounces to any one person, of intoxicating liquor that is manufactured or rectified on the premises, for consumption on the premises. The department office may prescribe additional regulations for the sale of intoxicating liquor under this subdivision, if the additional regulations do not conflict with the requirements applicable to holders of “Class B" licenses. Notwithstanding any other provision of this chapter, the authorization under this subdivision applies with respect to a person who holds any permit under this section, a winery permit under s. 125.53, and either a “Class A" license or a “Class B" license issued under s. 125.51 (3) (am), all issued for the same premises or portions of the same premises.

SB801,99 Section 99. 125.52 (2) of the statutes is amended to read:

SB801,34,9 125.52 (2) Limited manufacturer's permit. The department office shall issue a limited manufacturer's permit which authorizes the use or sale of the intoxicating liquor produced only if it is rendered unfit for use as a beverage and is used or sold for use as fuel. The department office shall notify the department of natural resources of the name and address of any person to whom a limited manufacturer's permit is issued.

SB801,100 Section 100. 125.52 (3) of the statutes is amended to read:

SB801,34,17 125.52 (3) Persons eligible. Except as provided under sub. (8) and s. 125.69, a manufacturer's or rectifier's permit may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.

SB801,101 Section 101. 125.52 (8) of the statutes is created to read:

SB801,34,22 125.52 (8) Resort manufacturers. Neither a manufacturer's permit nor a rectifier's permit may be issued under this section to any person that holds, or has a direct or indirect ownership interest in a premises operating under, a resort manufacturer permit issued under s. 125.525.

SB801,102 Section 102. 125.525 of the statutes is created to read:

SB801,34,24 125.525 Resort manufacturer permits. (1) Definitions. In this section:

SB801,35,3 (a) “Resort” means a hospitality business operation involving multiple facilities under the same ownership that includes at least 300 guest rooms and includes all of the following located within 15 miles of these guest rooms:

SB801,35,4 1. At least one spa.

SB801,35,6 2. Comprehensive food and beverage services consisting of at least 5 separate restaurants.

SB801,35,7 3. Championship golf courses consisting of at least 36 holes.

SB801,35,11 (b) “Secondary resort facility” means a facility, other than a resort, that is located in this state, that is owned by a resort manufacturer, that is of the same or substantially similar consumer brand family as the resort, and that provides lodging accommodations or has at least one golf course or both.

SB801,35,13 (2) Authorized activities. The office shall issue resort manufacturer permits to eligible applicants authorizing all of the following:

SB801,35,16 (a) The manufacture or rectification of intoxicating liquor on the premises covered by the permit if not more than 150,000 gallons of intoxicating liquor are manufactured or rectified in a calendar year by the permittee.

SB801,35,18 (b) The bottling on the resort manufacturer premises of intoxicating liquor that has been manufactured or rectified on these premises.

SB801,35,20 (c) The possession and storage of alcohol beverages on the resort manufacturer premises.

SB801,35,23 (d) The sale of intoxicating liquor manufactured or rectified on the resort manufacturer premises in original unopened packages or containers to wholesalers holding a permit under s. 125.54.

SB801,36,2 (e) Notwithstanding ss. 125.04 (9) and 125.09 (1), the sale at retail on the resort manufacturer premises of intoxicating liquor manufactured or rectified on the resort manufacturer premises for consumption on the premises or in original unopened packages or containers for consumption off the premises.

SB801,36,7 (f) Notwithstanding ss. 125.04 (9) and 125.09 (1), the sale at retail of alcohol beverages, other than intoxicating liquor manufactured or rectified on the resort manufacturer premises, for consumption on the resort manufacturer premises if the alcohol beverages were purchased from a wholesaler holding a permit under s. 125.28 or 125.54.

SB801,36,11 (g) The sale and delivery by the resort manufacturer of intoxicating liquor manufactured or rectified on the resort manufacturer premises, in original unopened packages or containers, to the retail licensed premises that are part of the resort or, subject to the limitation in sub. (4) (b), part of a secondary resort facility.

SB801,36,13 (3) Persons eligible. Except as provided in s. 125.69 (1), an applicant is eligible for a resort manufacturer permit if all of the following apply:

SB801,36,17 (a) The applicant is qualified under s. 125.04 (5), except that an applicant may not be a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.

SB801,36,19 (b) The applicant's entire process for manufacturing or rectifying intoxicating liquor occurs on premises covered by a permit under this section.

SB801,36,20 (c) The applicant holds a valid certificate issued under s. 73.03 (50).

SB801,36,21 (d) The applicant owns and operates at least one resort located in this state.

SB801,36,23 (e) The applicant does not hold, or have a direct or indirect ownership interest in premises operating under, any of the following:

SB801,36,24 1. A brewer's permit issued under s. 125.29.

SB801,36,25 2. A brewpub permit issued under s. 125.295.

SB801,37,1 3. A wholesaler's permit issued under s. 125.28.

SB801,37,3 4. Except as provided in sub. (4), a Class “B" license issued under s. 125.26, Class “B” permit issued under s. 125.27, or Class “A" license issued under s. 125.25.

SB801,37,6 (4) Retail interests. (a) A resort manufacturer may hold retail licenses for licensed premises that are part of the resort, including any gift shops and a grocery store.

SB801,37,10 (b) In addition to retail licenses authorized under par. (a), a resort manufacturer may hold Class “B” and “Class B” licenses for not more than 10 licensed locations that are part of any secondary resort facility of the resort manufacturer.

SB801,37,14 (c) In addition to retail licenses authorized under pars. (a) and (b), if any Class “B” or “Class B” license has been issued to a resort manufacturer for part of a secondary resort facility, the resort manufacturer may also hold a Class “A” or “Class A” license, or both, for any gift shop associated with the secondary resort facility.

SB801,37,16 (5) Fees. The fee for issuance or renewal of a permit under this section shall be established by the office but may not be less than $10,000 biennially.

SB801,103 Section 103. 125.53 (1) of the statutes is amended to read:

SB801,38,11 125.53 (1) The department office shall issue only to a manufacturing winery in this state that holds a valid certificate issued under s. 73.03 (50) a winery permit authorizing the manufacture and bottling of wine on the premises covered by the permit for sale to wholesalers holding a permit under s. 125.54. A winery permit also authorizes the permittee to, on the winery premises and without obtaining a rectifier's permit, possess intoxicating liquor and mix or blend intoxicating liquor to produce wine sold to wholesalers holding a permit under s. 125.54. A winery holding a permit under this section may offer on the premises taste samples of wine manufactured on the premises to persons who have attained the legal drinking age. A permittee under this section may also have either one “Class A" license or one “Class B" license, but not both. The “Class A" license or “Class B" license may either be issued for the winery premises or for real estate owned or leased by the winery. If a “Class A" or “Class B" liquor license has also been issued to the winery, the winery may provide wine manufactured, mixed, or blended on the winery premises directly to the “Class A" or “Class B" premises and may offer the taste samples on the “Class A" or “Class B" premises. A winery holding a permit under this section may also make retail sales and provide taste samples on county or district fair fairgrounds as provided in s. 125.51 (10), but this wine sold at retail or provided as taste samples shall be purchased from a wholesaler holding a permit under s. 125.54.

SB801,104 Section 104. 125.535 (1) of the statutes is amended to read:

SB801,38,16 125.535 (1) Authorized activities. The department office shall issue direct wine shippers' permits authorizing the permittee to ship wine directly to an individual in this state who is of the legal drinking age, who acknowledges receipt of the wine shipped, and who is not intoxicated at the time of delivery.

SB801,105 Section 105. 125.535 (2) of the statutes is amended to read:

SB801,38,21 125.535 (2) Annual permit fee. The department office may, by rule, establish an annual fee, not to exceed $100, for each permit issued under this section. All fees collected under this subsection shall be credited to the appropriation account under s. 20.566 (1) (ha).

SB801,106 Section 106. 125.535 (3) (a) 2m. of the statutes is created to read:

SB801,38,23 125.535 (3) (a) 2m. A resort manufacturer permit under s. 125.525.

SB801,107 Section 107. 125.535 (3) (b) 2. of the statutes is amended to read:

SB801,39,5 125.535 (3) (b) 2. The winery submits to the department office, with any initial application or renewal for a certificate under s. 73.03 (50) or a permit under par. (a) 3. or 4., a copy of any current license, permit, or authorization issued to the winery by the state from which the winery will ship wine into this state or the winery's federal basic permit.

SB801,108 Section 108. 125.54 (1) of the statutes is amended to read:

SB801,39,14 125.54 (1) Authorized activities. The department office shall issue wholesalers' permits authorizing the permittee to sell, from the premises described in the permit, intoxicating liquor at wholesale to retailers and wholesalers, as well as to manufacturers, rectifiers, resort manufacturers, and wineries for production purposes. The permittee may not sell intoxicating liquor for consumption on the premises. Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wine brought into this state under s. 139.03 (5).

SB801,109 Section 109. 125.54 (5) of the statutes is amended to read:

SB801,39,21 125.54 (5) Sales area. No wholesaler may sell any intoxicating liquor before filing with the department office a written statement that the permittee is a distributor of a particular brand in this state, or an area of this state, and that the sales of that brand by the permittee and anyone purchasing from the permittee will be limited to the area specified. The permittee shall notify the department office of any change in the area within 7 days of the effective date of the change.

SB801,110 Section 110. 125.54 (7) (a) 2. of the statutes is amended to read:

SB801,40,4 125.54 (7) (a) 2. A permittee under this section shall annually sell and deliver intoxicating liquor to at least 10 retail licensees or permittees that do not have any direct or indirect interest in each other or in the permittee under this section. The department office shall not issue a permit under this section unless the applicant represents to the department office an intention to satisfy this requirement, and shall not renew a permit issued under this section unless the permittee demonstrates that this requirement has been satisfied.

SB801,111 Section 111. 125.54 (7) (c) 3. of the statutes is amended to read:

SB801,40,8 125.54 (7) (c) 3. This paragraph shall not affect the authority of any municipality or the department office to revoke, suspend, or refuse to renew or issue a license or permit under s. 125.12.

SB801,112 Section 112. 125.54 (7) (d) of the statutes is amended to read:

SB801,40,18 125.54 (7) (d) The department office shall promulgate rules to administer and enforce the requirements under this subsection. The rules shall ensure coordination between the department's office's issuance and renewal of permits under this section and its enforcement of the requirements of this subsection, and shall require that all applications for issuance or renewal of permits under this section be processed by department office personnel generally familiar with activities of intoxicating liquor wholesalers. The department office shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under this section and for periodic site inspections by the department office of such warehouse facilities.

SB801,113 Section 113. 125.54 (8) of the statutes is amended to read:

SB801,40,25 125.54 (8) Duty to work in good faith. Each wholesaler has an obligation to negotiate in good faith with any manufacturer, rectifier, resort manufacturer, or winery that seeks to sell its products in this state through the wholesaler. To this end, all wholesalers shall work diligently to ensure that distribution channels are available for the sale of intoxicating liquor products through wholesalers to retailers in this state.

SB801,114 Section 114. 125.545 (2) (a) 3. b. of the statutes is amended to read:

SB801,41,3 125.545 (2) (a) 3. b. The small winery is certified by the department office under sub. (6) (a) as a small winery.

SB801,115 Section 115. 125.545 (3) (a) 1. of the statutes is amended to read:

SB801,41,12 125.545 (3) (a) 1. Within 7 days after filing its articles of incorporation under ch. 185, a cooperative wholesaler shall apply to the department office for a wholesaler's permit under s. 125.54. The provisions of s. 125.04 (5) (c) and (6) shall apply to a cooperative wholesaler as if the cooperative wholesaler were a corporation or a limited liability company and, for each of these provisions, the department office shall determine whether the cooperative wholesaler is most similar to a corporation or a limited liability company in the context of that provision and apply that provision to the cooperative wholesaler accordingly.

SB801,116 Section 116. 125.545 (3) (a) 2. of the statutes is amended to read:

SB801,41,20 125.545 (3) (a) 2. Notwithstanding s. 125.54 (6), the department office may issue not more than one wholesaler's permit to any cooperative wholesaler. The department office may not issue more than a total of 6 wholesalers' permits to cooperative wholesalers in this state. The department office may not issue any new wholesaler's permit to a cooperative wholesaler after December 31, 2008, but may renew wholesalers' permits that were initially issued to cooperative wholesalers prior to that date.

SB801,117 Section 117. 125.545 (5) of the statutes is amended to read:

SB801,42,2 125.545 (5) Biennial reports. With each application for renewal of a wholesaler's permit issued to a cooperative wholesaler, each cooperative wholesaler shall file with the department office, in the form and manner prescribed by the department office by rule, a biennial report that includes detailed information on its members, board of directors, and sale and distribution activities.

SB801,118 Section 118. 125.545 (6) of the statutes is amended to read:

SB801,42,6 125.545 (6) Department Office certification and rule making. (a) 1. The department office shall, upon application, certify eligible applicants as small wineries and renew prior certifications of eligible applicants as small wineries.

SB801,42,14 2. Any winery seeking to become a member of, or to maintain its membership in, a cooperative wholesaler may apply to the department office for certification as a small winery. If the winery meets the definition of a small winery under this section, satisfies the requirement under sub. (2) (a) 3. a., and submits any other information that the department office determines is necessary to certify that the winery is operating as a small winery and is eligible for membership in a cooperative wholesaler, the department office shall certify the winery as a small winery. This certification shall remain valid for one year.

SB801,42,16 3. In certifying any winery under subd. 2., the department office shall classify the winery as either a Wisconsin winery or an out-of-state winery.

SB801,42,20 4. The department office shall refuse to certify under this paragraph any winery that cannot demonstrate it holds all necessary permits for its operations or that the department office finds is otherwise not in full compliance with the laws of this state.

SB801,42,22 (b) The department office shall promulgate rules to administer and enforce the requirements under this section.

SB801,119 Section 119. 125.545 (7) of the statutes is amended to read:

SB801,43,2 125.545 (7) Penalties. (a) Any winery that sells or distributes its wine directly to a retailer, rather than through a wholesaler or cooperative wholesaler, is subject to a fine of not more than $10,000 and revocation of all of its permits by the department office under s. 125.12 (5).

SB801,43,6 (b) Any cooperative wholesaler that provides preferential treatment to a Wisconsin winery or discriminates against an out-of-state winery is subject to a fine of not more than $10,000 and revocation of its wholesaler's permit by the department office under s. 125.12 (5).

SB801,120 Section 120. 125.55 (1) of the statutes is amended to read: