SB268-SA2,26cu
5Section 26cu. 125.29 (6) of the statutes is amended to read:
SB268-SA2,59,156
125.29
(6) Restaurants. A brewer may operate a restaurant on the brewery
7premises
and, at an off-site retail outlet established by the brewer
. A brewer may
8not operate a restaurant at any other location except that a brewer may possess or
9hold an indirect interest in a Class “B" license for not more than 20 restaurants in
10each of which the sale of alcohol beverages accounts for less than 60 percent of the
11restaurant's gross receipts if no fermented malt beverages manufactured by the
12brewer are offered for sale in any of these restaurants, and at any full-service retail
13outlet under sub. (7). Unless engaged in retail sales under sub. (7), a brewer
14operating a restaurant may only sell alcohol beverages that have been manufactured
15under the brewer's own brewer's permit.
SB268-SA2,26cv
16Section 26cv. 125.29 (7) and (8) of the statutes are created to read:
SB268-SA2,59,2117
125.29
(7) Retail sales; full-service retail outlets. (a) 1. Notwithstanding
18ss. 125.04 (9) and 125.09 (1), a brewer may make retail sales, on the brewery
19premises, of fermented malt beverages that have been manufactured by the brewer
20on the brewery premises or on other premises of the brewer, for on-premises or
21off-premises consumption.
SB268-SA2,59,2522
2. Notwithstanding ss. 125.04 (9) and 125.09 (1), if a brewer manufactured, on
23all brewery premises operated by the brewer in this state, a cumulative total of at
24least 250 barrels of fermented malt beverages in any one of the 3 preceding calendar
25years, the brewer may engage in full-service retail sales on the brewery premises.
SB268-SA2,60,9
1(b) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to pars. (d) and
2(g), if a brewer manufactured, on all brewery premises operated by the brewer in this
3state, a cumulative total of at least 250 barrels of fermented malt beverages in any
4one of the 3 preceding calendar years, the brewer may engage in full-service retail
5sales at off-site locations identified in the brewer's permit. Subject to pars. (f) and
6(g), the number of retail sales locations a brewer is allowed in addition to the brewery
7premises is determined by the cumulative volume of fermented malt beverages the
8brewer manufactured on all brewery premises operated by the brewer in this state
9in any one of the 3 preceding calendar years, as follows:
SB268-SA2,60,1210
1. If the brewer's cumulative volume in a year was at least 250 barrels of
11fermented malt beverages but less than 2,500 barrels of fermented malt beverages,
12the brewer may establish one full-service retail outlet.
SB268-SA2,60,1513
2. If the brewer's cumulative volume in a year was at least 2,500 barrels of
14fermented malt beverages but less than 7,500 barrels of fermented malt beverages,
15the brewer may establish not more than 2 full-service retail outlets.
SB268-SA2,60,1816
3. If the brewer's cumulative volume in a year was at least 7,500 barrels of
17fermented malt beverages, the brewer may establish not more than 3 full-service
18retail outlets.
SB268-SA2,60,2519
(c) 1. Except as provided in subd. 2. and par. (f), a brewer may make full-service
20retail sales of alcohol beverages on the brewery premises and at any of its full-service
21retail outlets only if the alcohol beverages were purchased by the brewer from a
22wholesaler holding a permit under s. 125.28 or 125.54, from a brewer authorized to
23make sales to retailers under sub. (3m), from a brewpub authorized to make sales
24to retailers under s. 125.295 (1) (g), or from a permittee under s. 125.30 authorized
25to make sales to retailers under s. 125.30 (4).
SB268-SA2,61,3
12. A brewer is not required to purchase from another permittee fermented malt
2beverages manufactured by the brewer that the brewer sells at retail on the brewery
3premises or at a full-service retail outlet of the brewer.
SB268-SA2,61,64
3. Subject to subd. 2. and par. (f), a brewer engaged in full-service retail sales
5on brewery premises or at a full-service retail outlet of the brewer is subject to ss.
6125.33 (9) and 125.69 (6) to the same extent as if the brewer were a retail licensee.
SB268-SA2,61,107
(d) 1. A brewer may not commence sales of alcohol beverages at a full-service
8retail outlet unless, prior to commencing such sales, the brewer receives approval
9from the municipality in which the full-service retail outlet is located and from the
10division as provided in par. (g).
SB268-SA2,61,1811
2. Subject to par. (f), a municipality may limit the scope of alcohol beverages
12offered for sale at a full-service retail outlet only with respect to alcohol beverages
13that are not of the same type as those produced by the person holding the brewer's
14permit. A municipality may not limit the sale, at a full-service retail outlet, of
15alcohol beverages produced by the person holding the brewer's permit. A
16municipality may not limit the scope of alcohol beverages offered for sale under sub.
17(3) (h). If a municipality limits the scope of alcohol beverages offered for sale, the
18provision of taste samples is limited to those alcohol beverages authorized to be sold.
SB268-SA2,61,2319
3. Except as provided in subd. 2., a municipality's approval under subd. 1. shall
20be based on the same standards and criteria that the municipality has established
21by ordinance for the evaluation and approval of retail license applications. A
22municipality may not impose any requirement or restriction in connection with the
23approval under subd. 1. that the municipality does not impose on retail licensees.
SB268-SA2,62,324
(e) If a brewer operates a restaurant as provided in sub. (6) and is authorized
25under this subsection to make retail sales of wine at the restaurant, the brewer may
1make retail sales of wine in an opened original bottle, in a quantity not to exceed one
2bottle, for consumption both at the restaurant and away from the restaurant if all
3of the following apply:
SB268-SA2,62,44
1. The purchaser of the wine orders food to be consumed at the restaurant.
SB268-SA2,62,65
2. The brewer provides a dated receipt that identifies the purchase of the food
6and the bottle of wine.
SB268-SA2,62,127
3. Prior to the opened, partially consumed bottle of wine being taken away from
8the restaurant, the brewer securely reinserts the cork into the bottle to the point
9where the top of the cork is even with the top of the bottle, or securely reattaches the
10original cap to the bottle, and the cork is reinserted or the cap is reattached at a time
11other than during the hours in which the brewer is prohibited under sub. (8) (b) from
12making retail sales for off-premises consumption.
SB268-SA2,62,2313
(f) 1. If a brewer may establish one or more full-service retail outlets under
14pars. (b) and (g) and the brewer also holds a manufacturer's or rectifier's permit or
15winery permit or both and, as such, may establish full-service retail outlets under
16s. 125.52 (4) (b) and (g) or 125.53 (3) (b) and (g), the aggregate number of full-service
17retail outlets that may be established is the maximum number authorized under par.
18(b), under s. 125.52 (4) (b), or under s. 125.53 (3) (b), whichever is greatest, but not
19exceeding 3 full-service retail outlets. Under these circumstances, each authorized
20full-service retail outlet shall serve as the full-service retail outlet associated with
21each applicable permit, regardless of whether the permittee would otherwise be
22entitled to fewer full-service retail outlets when calculated under par. (b) or s. 125.52
23(4) (b) or 125.53 (3) (b).
SB268-SA2,63,424
2. If a brewer may engage in full-service retail sales on the brewery premises
25as provided in par. (a) 2. and the brewer also holds a manufacturer's or rectifier's
1permit or winery permit or both, the brewer may make retail sales on the brewery
2premises of intoxicating liquor produced under its manufacturer's or rectifier's
3permit or winery permit without first purchasing the intoxicating liquor from a
4wholesaler holding a permit under s. 125.54.
SB268-SA2,63,85
3. If a person holds more than one brewer's permit under this section, the retail
6sales authority under this subsection for brewery premises applies with respect to
7each brewer's permit, but the limit on full-service retail outlets is an aggregate
8maximum, regardless of the number of brewer's permits held.
SB268-SA2,63,119
(g) 1. An application for a brewer's permit, including an application for an
10amendment to the brewer's permit, shall specify each full-service retail outlet of the
11brewer and particularly describe the premises of the full-service retail outlet.
SB268-SA2,63,1812
2. The division shall establish a process for approval of a brewer's full-service
13retail outlet and for revocation of this approval. The division shall approve a brewer's
14full-service retail outlet, and may not revoke this approval, unless the brewer has
15violated a provision of this chapter related to full-service retail outlets. The
16division's failure to approve, or revocation of approval of, a full-service retail outlet
17described in a brewer's application or permit does not affect any other full-service
18retail outlet or the brewery premises as described in the application or permit.
SB268-SA2,63,2219
3. If the division approves a full-service retail outlet, the brewer's permit, as
20initially issued or as amended, shall particularly describe the premises constituting
21the full-service retail outlet, which shall be considered part of the premises under
22the brewer's permit.
SB268-SA2,63,2523
4. If the division approves a full-service retail outlet, the agent appointed
24under s. 125.04 (6) for the brewer's permit shall also serve as the agent for the
25full-service retail outlet.
SB268-SA2,64,5
15. Section 125.04 (12) (a) does not apply to a brewer's full-service retail outlet.
2Upon notice to the division, a brewer may relocate any full-service retail outlet to a
3new location within this state once per calendar year, except that one full-service
4retail outlet of a brewer may be relocated without limitation on frequency in each
5calendar year.
SB268-SA2,64,86
(h) A brewer that is eligible to establish a full-service retail outlet under this
7subsection is not authorized to make retail sales of fermented malt beverages at an
8off-site retail outlet under sub. (3) (e) and (f).
SB268-SA2,64,14
9(8) Closing hours. (a) On brewery premises, no person may sell alcohol
10beverages at retail for on-premises consumption, provide taste samples of alcohol
11beverages, or consume alcohol beverages during the closing hours applicable to a
12Class “B" licensee under s. 125.32 (3) (a). A full-service retail outlet under sub. (7)
13shall be subject to the same closing hours applicable to a Class “B" licensee under s.
14125.32 (3) (a).
SB268-SA2,64,1815
(b) On brewery premises and at a full-service retail outlet, no person may sell
16alcohol beverages at retail for off-premises consumption during the hours in which
17a Class “B” licensee in the municipality where the brewery or retail outlet is located
18may not make retail sales under s. 125.32 (3) (am) and (d).
SB268-SA2,64,2119
(c) No member of the public or invited guests may be present on brewery
20premises during the closing hours applicable to a Class “B" licensee under s. 125.32
21(3) (a).
SB268-SA2,64,2322
(d) Activities authorized under a brewer's permit related to the production,
23shipment, transportation, or delivery of alcohol beverages may occur at any time.
SB268-SA2,26cw
24Section 26cw. 125.295 (1) (intro.) of the statutes is amended to read:
SB268-SA2,65,2
1125.295
(1) (intro.) The
department division shall issue brewpub permits to
2eligible applicants authorizing all of the following:
SB268-SA2,26cx
3Section 26cx. 125.295 (1) (a) of the statutes is amended to read:
SB268-SA2,65,84
125.295
(1) (a) The manufacture of fermented malt beverages on the brewpub
5premises if
, except as provided in s. 125.21 (2) and (3), the entire manufacturing
6process occurs on these premises and not more than
10,000 20,000 barrels of
7fermented malt beverages are manufactured in a calendar year by the permittee's
8brewpub group.
SB268-SA2,26cy
9Section 26cy. 125.295 (1) (fm) of the statutes is created to read:
SB268-SA2,65,1310
125.295
(1) (fm) The sale, shipment, transportation, and delivery of fermented
11malt beverages, in bulk or in any state of packaging, that have been manufactured
12by the brewpub to another brewpub holding a permit under this section, and the
13receipt of the fermented malt beverages by the other brewpub.
SB268-SA2,26cz
14Section 26cz. 125.295 (1) (g) of the statutes is amended to read:
SB268-SA2,66,215
125.295
(1) (g) The sale at wholesale, shipment, transportation, and delivery,
16in original unopened packages or containers, to retailers, from the brewpub
17premises, of fermented malt beverages that have been manufactured on these
18premises or on other brewpub premises of the brewpub. A brewpub's brewpub group
19may not sell, ship, transport, or deliver more than a total of
1,000 2,000 barrels of
20fermented malt beverages in any calendar year to retailers under this paragraph.
21Fermented malt beverages provided by a brewpub to any retail premises for which
22the brewpub group holds a retail license shall not be included in any calculation of
23the
1,000 2,000 barrel limitation under this paragraph. Deliveries and shipments
24of fermented malt beverages by a brewpub under this paragraph shall be made to
25retailers only at their retail premises. Any retailer receiving such a delivery or
1shipment is subject to the prohibition under s. 125.34 (5) against further
2transporting the delivery or shipment to any other retail premises.
SB268-SA2,26db
3Section 26db. 125.295 (2) (a) 1. of the statutes is amended to read:
SB268-SA2,66,54
125.295
(2) (a) 1. The applicant's brewpub group manufactures a total of not
5more than
10,000 20,000 barrels of fermented malt beverages in a calendar year.
SB268-SA2,26dc
6Section 26dc. 125.295 (2) (a) 2. of the statutes is amended to read:
SB268-SA2,66,127
125.295
(2) (a) 2.
The Except as provided in s. 125.21 (2) and (3), the applicant's
8entire process for manufacturing fermented malt beverages occurs on premises
9covered by a permit issued under this section. If the applicant holds more than one
10permit issued under this section, the applicant is not required to manufacture
11fermented malt beverages on each premises for which a permit is issued under this
12section.
SB268-SA2,26dd
13Section 26dd. 125.295 (2) (a) 4. of the statutes is amended to read:
SB268-SA2,66,1814
125.295
(2) (a) 4. The applicant holds a Class “B" license for the restaurant
15identified in subd. 3. and, on these Class “B" premises, offers for sale, in addition to
16fermented malt beverages manufactured by the applicant, fermented malt
17beverages manufactured by a brewer
or brewpub other than the applicant and its
18brewpub group.
SB268-SA2,26de
19Section 26de. 125.295 (2) (a) 6. (intro.) of the statutes is amended to read:
SB268-SA2,66,2320
125.295
(2) (a) 6. (intro.)
Neither Subject to s. 125.20 (6), neither the applicant
21nor the applicant's brewpub group holds, or has
a direct or indirect ownership an 22interest in a
premises operating under licensee or permittee holding, any of the
23following:
SB268-SA2,26df
24Section 26df. 125.295 (2) (a) 6. a. of the statutes is amended to read:
SB268-SA2,67,2
1125.295
(2) (a) 6. a. A Class “A" license issued under s. 125.25
or “Class A”
2license issued under s. 125.51 (2).
SB268-SA2,26dg
3Section 26dg. 125.295 (2) (a) 6. b. of the statutes is amended to read:
SB268-SA2,67,74
125.295
(2) (a) 6. b. Except as provided in subd. 4. and subs. (1) (h) and (3) (b)
5and (c), a Class “B" license issued under s. 125.26
, Class “B” permit issued under s.
6125.27, “Class B” license issued under s. 125.51 (3), “Class B” permit issued under
7s. 125.51 (5), or “Class C” license issued under s. 125.51 (3m).
SB268-SA2,26dh
8Section 26dh. 125.295 (2) (a) 6. c. of the statutes is amended to read:
SB268-SA2,67,99
125.295
(2) (a) 6. c. A wholesaler's permit issued under s. 125.28
or 125.54.
SB268-SA2,26di
10Section 26di. 125.295 (2) (a) 6. g. of the statutes is created to read:
SB268-SA2,67,1111
125.295
(2) (a) 6. g. A no-sale event venue permit issued under s. 125.24.
SB268-SA2,26dj
12Section 26dj. 125.295 (2) (b) of the statutes is amended to read:
SB268-SA2,67,2013
125.295
(2) (b) If an applicant under par. (a) has no current operations, the
14applicant may certify that the applicant has applied for or will apply for a Class “B"
15license or license under s. 97.30 for a restaurant or will comply with any other
16requirement under par. (a), prior to or upon commencing operations authorized
17under this section. If a Class “B" license or license under s. 97.30 for a restaurant
18is not subsequently issued to the applicant, or if the applicant otherwise fails to
19comply with any requirement for eligibility under par. (a), the
department division 20may revoke under s. 125.12 (5) the permit issued under this section.
SB268-SA2,26dk
21Section 26dk. 125.295 (2) (c) of the statutes is amended to read:
SB268-SA2,68,622
125.295
(2) (c) If an applicant under par. (a) holds any license or permit
23prohibited under par. (a) 6. at the time of its application, the applicant may certify
24that the applicant will surrender any such license or permit upon issuance of a
25permit under this section. If the
department
division issues a permit under this
1section and the applicant fails to surrender any license or permit prohibited under
2par. (a) 6., the
department division may revoke under s. 125.12 (5) the permit issued
3under this section. An applicant is not required to surrender any Class “B" license
4issued under s. 125.31 (1) (a) 2., 2009 stats., or under s. 125.31 (1) (a) 3., 2005 stats.,
5if the applicant's continued possession of the license is consistent with subs. (1) (h),
6(2) (a) 4., and (3) (b) and (c).
SB268-SA2,26dm
7Section 26dm. 125.295 (4) of the statutes is amended to read:
SB268-SA2,68,108
125.295
(4) The fee established by the
department division for a brewpub
9permit shall not exceed the fee established by the
department division for a permit
10under s. 125.29.
SB268-SA2,26dn
11Section 26dn. 125.295 (5) of the statutes is amended to read:
SB268-SA2,68,1312
125.295
(5) The
department
division shall promulgate rules and prescribe
13forms to ensure strict compliance with the requirements under this section.
SB268-SA2,26do
14Section 26do. 125.30 (1) of the statutes is amended to read:
SB268-SA2,68,2515
125.30
(1) The
department division shall issue out-of-state shippers' permits
16which, except as provided in sub. (4), authorize the permittee to ship fermented malt
17beverages only to holders of a wholesaler's permit issued under s. 125.28. Except
18with respect to any shipment from a warehouse in an adjoining state by a wholesaler
19issued a wholesale permit under s. 125.28 (1) (b), no person may receive fermented
20malt beverages in this state which have been directly shipped from outside this state
21by any person other than the holder of a permit issued under this section. Subject
22to s. 125.34 (2), all shipments of fermented malt beverages to a wholesaler of
23fermented malt beverages in this state, whether shipped to the wholesaler from
24inside this state or from outside this state, shall be unloaded in, physically at rest in,
25and only then distributed from the wholesaler's warehouse in this state.
SB268-SA2,26dp
1Section 26dp. 125.30 (2) of the statutes is amended to read:
SB268-SA2,69,62
125.30
(2) The application for an out-of-state shipper's permit and the permit
3shall be on forms prescribed by the
department
division which shall contain
4provisions determined by the
department division as necessary to effectuate the
5purposes of ss. 139.01 to 139.25 and shall include a provision that the permittee
6agrees
to do all of the following:
SB268-SA2,69,87
(a)
To comply Comply with s. 139.05 relating to filing a bond, filing returns,
8paying taxes
, and record keeping
;
.
SB268-SA2,69,119
(b)
To permit Permit inspections and examinations of the permittee's premises
10and records by the
department division and its duly authorized employees, as
11authorized under s.
139.08 (4); and 125.025 (3).
SB268-SA2,69,1312
(c)
To pay Pay the expenses reasonably attributable to
such the inspections and
13examinations
under par. (b) made within the United States.
SB268-SA2,26dq
14Section 26dq. 125.30 (2) (d) of the statutes is created to read:
SB268-SA2,69,1615
125.30
(2) (d) Accept service of process and consent to jurisdiction in any
16proceeding in this state to enforce the provisions of this chapter or ch. 139.
SB268-SA2,26dr
17Section 26dr. 125.30 (3) of the statutes is renumbered 125.30 (3) (a) and
18amended to read:
SB268-SA2,70,619
125.30
(3) (a) Out-of-state shippers' permits may be issued only to a person
20who holds a valid certificate issued under s. 73.03 (50), who is qualified under s.
21125.04 (5), who does not maintain an office or street address in this state, and who
22is the primary source of supply for the brand of fermented malt beverages. An
23out-of-state shipper's permit may not be issued to a person determined by the
24department division to be primarily engaged in wholesale or retail sales in another
25state. Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state
1shippers' permits are not required to be residents of this state. Notwithstanding s.
2125.04 (5) (a) 5., a person is not required to complete a responsible beverage server
3training course to be qualified for a permit under this section. Notwithstanding s.
4125.04 (6), corporations or limited liability companies obtaining out-of-state
5shippers' permits are not required to appoint agents
vested with authority over the
6premises as described in s. 125.04 (6) (a).
SB268-SA2,26ds
7Section 26ds. 125.30 (3) (b) of the statutes is created to read:
SB268-SA2,70,158
125.30
(3) (b) 1. A permittee under this section shall appoint and continually
9engage the services of an agent in this state to act as agent for the service of process
10on whom all processes, and any action or proceeding against the permittee
11concerning or arising out of the enforcement of any provision of this chapter or ch.
12139, may be served in any manner authorized by law. That service shall constitute
13legal and valid service of process on the permittee. The permittee shall provide to
14the division, in the form and manner prescribed by the division, the name, address,
15phone number, and proof of the appointment and availability of the agent.
SB268-SA2,70,2216
2. The permittee shall provide notice to the division 30 calendar days before
17termination of the authority of an agent under subd. 1. and shall provide proof to the
18satisfaction of the division of the appointment of a new agent no less than 5 calendar
19days before the termination of an existing agent appointment. In the event an agent
20terminates an agency appointment, the permittee shall notify the division of that
21termination within 5 calendar days and shall include proof to the satisfaction of the
22division of the appointment of a new agent.
SB268-SA2,71,223
3. If a permittee fails to maintain an agent in this state after a permit is issued
24under this section, the permittee is considered to have appointed the department of
25financial institutions as the permittee's agent, and the permittee may be proceeded
1against in courts of this state by service of process upon the department of financial
2institutions.
SB268-SA2,26dt
3Section 26dt. 125.30 (3) (c) of the statutes is created to read:
SB268-SA2,71,64
125.30
(3) (c) Subject to s. 125.20 (6), an out-of-state shipper's permit may not
5be issued to any person who has an interest in a licensee or permittee holding any
6of the following:
SB268-SA2,71,87
1. A Class “A" license issued under s. 125.25 or “Class A” license issued under
8s. 125.51 (2).
SB268-SA2,71,109
2. A Class “B" license issued under s. 125.26, “Class B” license issued under s.
10125.51 (3), or “Class C” license issued under s. 125.51 (3m).
SB268-SA2,71,1211
3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under
12s. 125.51 (5).
SB268-SA2,71,1313
4. A wholesaler's permit issued under s. 125.28 or 125.54.
SB268-SA2,26du
14Section 26du. 125.30 (3) (c) 5. of the statutes is created to read:
SB268-SA2,71,1515
125.30
(3) (c) 5. A no-sale event venue permit issued under s. 125.24.
SB268-SA2,26dv
16Section 26dv. 125.30 (4) of the statutes is amended to read:
SB268-SA2,71,2417
125.30
(4) An out-of-state brewer that manufactures 300,000 barrels or less
18of fermented malt beverages in a calendar year from all locations and that holds an
19out-of-state shipper's permit may sell and ship fermented malt beverages directly
20to retail licensees if the out-of-state brewer registers with the
department division,
21files whatever periodic reports with the
department
division as the
department 22division may require, and complies with the requirements in ss. 125.33 and 125.34,
23as applicable, to the same extent as if the out-of-state brewer were a wholesaler
24holding a permit under s. 125.28.