SB332,115,1815
5. The receipt of intoxicating liquor from another winery holding a permit
16under this section or a manufacturer or rectifier holding a permit under s. 125.52,
17in bulk or in any state of packaging, for purposes of further manufacturing, bottling,
18or storage.
SB332,115,2119
6. The transportation of wine between the winery premises and any depot,
20warehouse, or full-service retail outlet maintained by the winery or other premises
21for which the winery holds a permit under this chapter.
SB332,208
22Section
208. 125.53 (3) and (4) of the statutes are created to read:
SB332,116,223
125.53
(3) (a) 1. Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to
24subd. 3., a winery may make retail sales, on the winery premises, of wine that has
1been manufactured or bottled by the winery on the winery premises or on other
2premises of the winery, for on-premises or off-premises consumption.
SB332,116,73
2. Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to subd. 3., if a
4winery manufactured or bottled, on all winery premises operated by the winery in
5this state, a cumulative total of at least 1,000 gallons of wine in any one of the 3
6preceding calendar years, the winery may engage in full-service retail sales on the
7winery premises.
SB332,116,128
3. If a winery held a “Class B” license immediately preceding the effective date
9of this subdivision .... [LRB inserts date], for a location other than the winery
10premises, that location shall be considered the winery premises for purposes of the
11retail sales authorization under subds. 1. and 2. and that location shall be in addition
12to any retail sales locations authorized under par. (b).
SB332,116,2113
(b) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to pars. (d) and
14(g), if a winery manufactured or bottled, on all winery premises operated by the
15winery in this state, a cumulative total of at least 1,000 gallons of wine in any one
16of the 3 preceding calendar years, the winery may engage in full-service retail sales
17at off-site locations identified in the winery permit. Subject to pars. (f) and (g), the
18number of retail sales locations a winery is allowed in addition to the winery
19premises is determined by the cumulative volume of wine the winery manufactured
20or bottled on all winery premises operated by the winery in this state in any one of
21the 3 preceding calendar years, as follows:
SB332,116,2422
1. If the winery's cumulative volume in a year was at least 1,000 gallons of wine
23but less than 5,000 gallons of wine, the winery may establish one full-service retail
24outlet.
SB332,117,3
12. If the winery's cumulative volume in a year was at least 5,000 gallons of wine
2but less than 25,000 gallons of wine, the winery may establish not more than 2
3full-service retail outlets.
SB332,117,54
3. If the winery's cumulative volume in a year was at least 25,000 gallons of
5wine, the winery may establish not more than 3 full-service retail outlets.
SB332,117,126
(c) 1. Except as provided in subd. 2. and par. (f), a winery may make full-service
7retail sales of alcohol beverages on the winery premises and at any of its full-service
8retail outlets only if the alcohol beverages were purchased by the winery from a
9wholesaler holding a permit under s. 125.28 or 125.54, from a brewer authorized to
10make sales to retailers under s. 125.29 (3m), from a brewpub authorized to make
11sales to retailers under s. 125.295 (1) (g), or from a permittee under s. 125.30
12authorized to make sales to retailers under s. 125.30 (4).
SB332,117,1513
2. A winery is not required to purchase from another permittee wine
14manufactured or bottled by the winery that the winery sells at retail on the winery
15premises or at a full-service retail outlet of the winery.
SB332,117,1816
3. Subject to subd. 2. and par. (f), a winery engaged in full-service retail sales
17on winery premises or at a full-service retail outlet of the winery is subject to ss.
18125.33 (9) and 125.69 (6) to the same extent as if the winery were a retail licensee.
SB332,117,2219
(d) 1. A winery may not commence sales of alcohol beverages at a full-service
20retail outlet unless, prior to commencing such sales, the winery receives approval
21from the municipality in which the full-service retail outlet is located and from the
22division as provided in par. (g).
SB332,118,423
2. Subject to par. (f), a municipality may limit the scope of alcohol beverages
24offered for sale at a full-service retail outlet only with respect to alcohol beverages
25that are not of the same type as those produced by the person holding the winery
1permit. A municipality may not limit the sale, at a full-service retail outlet, of
2alcohol beverages produced by the person holding the winery permit. If a
3municipality limits the scope of alcohol beverages offered for sale, the provision of
4taste samples is limited to those alcohol beverages authorized to be sold.
SB332,118,95
3. Except as provided in subd. 2., a municipality's approval under subd. 1. shall
6be based on the same standards and criteria that the municipality has established
7by ordinance for the evaluation and approval of retail license applications. A
8municipality may not impose any requirement or restriction in connection with the
9approval under subd. 1. that the municipality does not impose on retail licensees.
SB332,118,1110
(e) 1. A winery may operate a restaurant at any full-service retail outlet under
11this subsection and on the winery premises.
SB332,118,1512
2. If the winery operates a restaurant as provided in subd. 1., the winery may
13make retail sales of wine in an opened original bottle, in a quantity not to exceed one
14bottle, for consumption both at the restaurant and away from the restaurant if all
15of the following apply:
SB332,118,1616
a. The purchaser of the wine orders food to be consumed at the restaurant.
SB332,118,1817
b. The winery provides a dated receipt that identifies the purchase of the food
18and the bottle of wine.
SB332,118,2419
c. Prior to the opened, partially consumed bottle of wine being taken away from
20the restaurant, the winery securely reinserts the cork into the bottle to the point
21where the top of the cork is even with the top of the bottle, or securely reattaches the
22original cap to the bottle, and the cork is reinserted or the cap is reattached at a time
23other than during the hours in which the winery is prohibited under sub. (4) (b) from
24making retail sales for off-premises consumption.
SB332,119,11
1(f) 1. If a winery may establish one or more full-service retail outlets under
2pars. (b) and (g) and the winery also holds a manufacturer's or rectifier's permit or
3brewer's permit or both and, as such, may establish full-service retail outlets under
4s. 125.29 (7) (b) and (g) or 125.52 (4) (b) and (g), the aggregate number of full-service
5retail outlets that may be established is the maximum number authorized under par.
6(b), under s. 125.29 (7) (b), or under s. 125.52 (4) (b), whichever is greatest, but not
7exceeding 3 full-service retail outlets. Under these circumstances, each authorized
8full-service retail outlet shall serve as the full-service retail outlet associated with
9each applicable permit, regardless of whether the permittee would otherwise be
10entitled to fewer full-service retail outlets when calculated under par. (b) or s. 125.29
11(7) (b) or 125.52 (4) (b).
SB332,119,2012
2. If a winery may engage in full-service retail sales on the winery premises
13as provided in par. (a) 2. and the winery also holds a brewer's permit or
14manufacturer's or rectifier's permit or both, the winery may make retail sales on the
15winery premises of fermented malt beverages produced under its brewer's permit or
16intoxicating liquor produced under its manufacturer's or rectifier's permit without
17first purchasing the fermented malt beverages or intoxicating liquor from a
18wholesaler holding a permit under s. 125.28 or 125.54 or receiving the fermented
19malt beverages under authorization of s. 125.29 (3m) (b), 125.295 (1) (g), or 125.30
20(4).
SB332,119,2421
3. If a person holds more than one winery permit under this section, the retail
22sales authority under this subsection for winery premises applies with respect to
23each winery permit, but the limit on full-service retail outlets is an aggregate
24maximum, regardless of the number of winery permits held.
SB332,120,3
1(g) 1. An application for a winery permit, including an application for an
2amendment to the winery permit, shall specify each full-service retail outlet of the
3winery and particularly describe the premises of the full-service retail outlet.
SB332,120,104
2. The division shall establish a process for approval of a winery's full-service
5retail outlet and for revocation of this approval. The division shall approve a winery's
6full-service retail outlet, and may not revoke this approval, unless the winery has
7violated a provision of this chapter related to full-service retail outlets. The
8division's failure to approve, or revocation of approval of, a full-service retail outlet
9described in a winery's application or permit does not affect any other full-service
10retail outlet or the winery premises as described in the application or permit.
SB332,120,1411
3. If the division approves a full-service retail outlet, the winery permit, as
12initially issued or as amended, shall particularly describe the premises constituting
13the full-service retail outlet, which shall be considered part of the premises under
14the winery permit.
SB332,120,1715
4. If the division approves a full-service retail outlet, the agent appointed
16under s. 125.04 (6) for the winery permit shall also serve as the agent for the
17full-service retail outlet.
SB332,120,2218
5. Section 125.04 (12) (a) does not apply to a winery's full-service retail outlet.
19Upon notice to the division, a winery may relocate any full-service retail outlet to a
20new location within this state once per calendar year, except that one full-service
21retail outlet of a winery may be relocated without limitation on frequency in each
22calendar year.
SB332,121,2
23(4) (a) On winery premises, no person may sell alcohol beverages at retail for
24on-premises consumption, provide taste samples of alcohol beverages, or consume
25alcohol beverages during the closing hours applicable to a Class “B" licensee under
1s. 125.32 (3) (a). A full-service retail outlet under sub. (3) shall be subject to the same
2closing hours applicable to a Class “B" licensee under s. 125.32 (3) (a).
SB332,121,63
(b) On winery premises and at a full-service retail outlet, no person may sell
4alcohol beverages at retail for off-premises consumption during the hours in which
5a Class “B” licensee in the municipality where the winery or retail outlet is located
6may not make retail sales under s. 125.32 (3) (am) and (d).
SB332,121,97
(c) No member of the public or invited guests may be present on winery
8premises during the closing hours applicable to a Class “B" licensee under s. 125.32
9(3) (a).
SB332,121,1110
(d) Activities authorized under a winery permit related to the production,
11shipment, transportation, or delivery of alcohol beverages may occur at any time.
SB332,209
12Section 209
. 125.535 (1) of the statutes is amended to read:
SB332,121,1713
125.535
(1) Authorized activities. The
department division shall issue direct
14wine shippers' permits authorizing the permittee to ship wine
manufactured or
15bottled by the permittee directly to an individual in this state who is of the legal
16drinking age, who acknowledges receipt of the wine shipped, and who is not
17intoxicated at the time of delivery.
SB332,210
18Section
210. 125.535 (2) of the statutes is amended to read:
SB332,121,2219
125.535
(2) Annual permit fee. The
department division may, by rule,
20establish an annual fee, not to exceed $100, for each permit issued under this section.
21All fees collected under this subsection shall be credited to the appropriation account
22under s. 20.566 (1) (ha).
SB332,211
23Section 211
. 125.535 (3) (b) 2. of the statutes is amended to read:
SB332,122,324
125.535
(3) (b) 2. The winery submits to the
department division, with any
25initial application or renewal for a certificate under s. 73.03 (50) or a permit under
1par. (a) 3. or 4., a copy of any current license, permit, or authorization issued to the
2winery by the state from which the winery will ship wine into this state or the
3winery's federal basic permit.
SB332,212
4Section
212. 125.535 (3) (b) 3. of the statutes is created to read:
SB332,122,55
125.535
(3) (b) 3. The winery satisfies all requirements under par. (d).
SB332,213
6Section
213. 125.535 (3) (c) of the statutes is amended to read:
SB332,122,187
125.535
(3) (c) Notwithstanding s. 125.04 (5) (a), natural persons obtaining
8direct wine shippers' permits are not required to be residents of this state.
9Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a
10responsible beverage server training course to be eligible for a permit under this
11section.
Corporations and limited liability companies obtaining direct wine shippers'
12permits are subject to s. 125.04 (6) and any other person, including any natural
13person or cooperative, obtaining a direct wine shipper's permit shall appoint an
14agent, and be subject to all provisions of s. 125.04 (6), in the same manner applicable
15to corporations and limited liability companies. Notwithstanding s. 125.04 (5) (a) 2.
16and (c), an agent appointed under s. 125.04 (6) by a corporation or limited liability
17company obtaining a direct wine shipper's permit is not required to be a resident of
18this state.
SB332,214
19Section
214. 125.535 (3) (d) and (e) of the statutes are created to read:
SB332,123,520
125.535
(3) (d) 1. Unless the permittee or agent of the permittee appointed
21under s. 125.04 (6) is a resident of this state, or unless the permittee maintains a
22registered agent in this state under s. 180.0501, 180.1507, 183.0105, or 183.1007, a
23permittee under this section shall appoint and continually engage the services of an
24agent in this state to act as agent for the service of process on whom all processes,
25and any action or proceeding against the permittee concerning or arising out of the
1enforcement of any provision of this chapter or ch. 139, may be served in any manner
2authorized by law. That service shall constitute legal and valid service of process on
3the permittee. The permittee shall provide to the division, in the form and manner
4prescribed by the division, the name, address, phone number, and proof of the
5appointment and availability of the agent.
SB332,123,126
2. The permittee shall provide notice to the division 30 calendar days before
7termination of the authority of an agent under subd. 1. and shall provide proof to the
8satisfaction of the division of the appointment of a new agent no less than 5 calendar
9days before the termination of an existing agent appointment. In the event an agent
10terminates an agency appointment, the permittee shall notify the division of that
11termination within 5 calendar days and shall include proof to the satisfaction of the
12division of the appointment of a new agent.
SB332,123,1713
3. If a permittee fails to maintain an agent in this state after a permit is issued
14under this section, the permittee is considered to have appointed the department of
15financial institutions as the permittee's agent, and the permittee may be proceeded
16against in courts of this state by service of process upon the department of financial
17institutions.
SB332,123,1918
(e) The application for a permit under this section shall include a provision that
19the permittee agrees to do all of the following:
SB332,123,2120
1. File reports, provide records, and allow inspections and examinations to the
21extent provided in s. 125.025 and ch. 139.
SB332,123,2322
2. Pay the expenses reasonably attributable to inspections and examinations
23made by the division at any premises of the permittee located outside this state.
SB332,123,2524
3. Accept service of process and consent to jurisdiction in any proceeding in this
25state to enforce the provisions of this chapter or ch. 139.
SB332,215
1Section
215. 125.535 (7) of the statutes is created to read:
SB332,124,42
125.535
(7) Shipments through fulfillment house; common carriers. (a) A
3permittee under this section may arrange with a fulfillment house to ship wine on
4the permittee's behalf only if the fulfillment house holds a permit under s. 125.23.
SB332,124,65
(b) All containers of wine shipped directly to an individual in this state shall
6be shipped using a common carrier holding a permit issued under s. 125.22.
SB332,216
7Section 216
. 125.54 (1) of the statutes is amended to read:
SB332,124,148
125.54
(1) Authorized activities. The
department division shall issue
9wholesalers' permits authorizing the permittee to sell, from the premises described
10in the permit, intoxicating liquor at wholesale to retailers and wholesalers, as well
11as to manufacturers, rectifiers, and wineries for production purposes. The permittee
12may not sell intoxicating liquor for consumption on the premises. Possession of a
13permit under this section does not authorize the permittee to sell tax-free
14intoxicating liquor and wine brought into this state under s. 139.03 (5).
SB332,217
15Section
217. 125.54 (3) of the statutes is amended to read:
SB332,124,1916
125.54
(3) Taste samples on “
Class A" retail premises. Wholesalers holding
17a permit issued under this section, employees of such wholesalers, and individuals
18representing such wholesalers may not assist or participate in providing taste
19samples under s.
125.06 (13) (a) or 125.51 (2) (am)
or 125.69 (9).
SB332,218
20Section 218
. 125.54 (5) of the statutes is amended to read:
SB332,125,221
125.54
(5) Sales area. No wholesaler may sell any intoxicating liquor before
22filing with the
department division a written statement that the permittee is a
23distributor of a particular brand in this state, or an area of this state, and that the
24sales of that brand by the permittee and anyone purchasing from the permittee will
1be limited to the area specified. The permittee shall notify the
department division 2of any change in the area within 7 days of the effective date of the change.
SB332,219
3Section
219. 125.54 (6) of the statutes is amended to read:
SB332,125,84
125.54
(6) Multiple permits.
Not more than 2 Multiple wholesalers' permits
5may be issued to any one person. In each application for a wholesaler's permit, the
6applicant shall state
that whether application has
not been made for
more than one 7any other wholesaler's permit
and shall identify any other wholesaler's permit held
8by the applicant.
SB332,220
9Section 220
. 125.54 (7) (a) 2. of the statutes is amended to read:
SB332,125,1610
125.54
(7) (a) 2. A permittee under this section shall annually sell and deliver
11intoxicating liquor to at least 10 retail licensees or permittees that do not have
any
12direct or indirect an interest in each other or in the permittee under this section. The
13department division shall not issue a permit under this section unless the applicant
14represents to the
department division an intention to satisfy this requirement, and
15shall not renew a permit issued under this section unless the permittee
16demonstrates that this requirement has been satisfied.
SB332,221
17Section 221
. 125.54 (7) (c) 3. of the statutes is amended to read:
SB332,125,2018
125.54
(7) (c) 3. This paragraph shall not affect the authority of any
19municipality or the
department division to revoke, suspend, or refuse to renew or
20issue a license or permit under s. 125.12.
SB332,222
21Section 222
. 125.54 (7) (d) of the statutes is amended to read:
SB332,126,622
125.54
(7) (d) The
department
division shall promulgate rules to administer
23and enforce the requirements under this subsection. The rules shall ensure
24coordination between the
department's division's issuance and renewal of permits
25under this section and its enforcement of the requirements of this subsection, and
1shall require that all applications for issuance or renewal of permits under this
2section be processed by
department division personnel generally familiar with
3activities of intoxicating liquor wholesalers. The
department division shall establish
4by rule minimum requirements for warehouse facilities on premises described in
5permits issued under this section and for periodic site inspections by the
department 6division of such warehouse facilities.
SB332,223
7Section
223. 125.545 (title) of the statutes is amended to read:
SB332,126,8
8125.545 (title)
Small winery cooperative wholesalers.
SB332,224
9Section
224. 125.545 (1) (a) of the statutes is amended to read:
SB332,126,1310
125.545
(1) (a) “Member" means a small winery
or small manufacturer that
11meets the requirements established under this section for membership in a
12cooperative wholesaler and that has been qualified and accepted for membership in
13a cooperative wholesaler.
SB332,225
14Section
225. 125.545 (1) (ar) of the statutes is created to read:
SB332,126,1615
125.545
(1) (ar) “Out-of-state manufacturer" means a manufacturer or
16rectifier of intoxicating liquor that is located in a state other than this state.
SB332,226
17Section
226. 125.545 (1) (cm) of the statutes is created to read:
SB332,126,2018
125.545
(1) (cm) “Small manufacturer" means any manufacturer or rectifier
19that produces and bottles less than 50,000 gallons of intoxicating liquor other than
20wine in a calendar year.
SB332,227
21Section
227. 125.545 (1) (d) of the statutes is amended to read:
SB332,126,2322
125.545
(1) (d) “Small winery" means any winery that produces and bottles less
23than
25,000 50,000 gallons of wine in a calendar year.
SB332,228
24Section
228. 125.545 (1) (e) of the statutes is amended to read:
SB332,127,2
1125.545
(1) (e) “Small
winery cooperative wholesaler" or “cooperative
2wholesaler" means an entity established under this section.
SB332,229
3Section
229. 125.545 (1) (em) of the statutes is created to read:
SB332,127,54
125.545
(1) (em) “Wisconsin manufacturer" means a manufacturer or rectifier
5operating under a permit issued under s. 125.52.
SB332,230
6Section
230. 125.545 (2) (a) 1. of the statutes is amended to read:
SB332,127,147
125.545
(2) (a) 1. A cooperative wholesaler may only be created as provided
8under s. 185.043 (2) and this section. Each cooperative wholesaler operating under
9authority of this section shall be organized under ch. 185 but shall be subject to the
10limitations on such cooperatives imposed by this section. Subject to
subd. subds. 3.
11and 4., only small wineries
and small manufacturers may be members of a
12cooperative wholesaler. The principal purpose of a cooperative wholesaler shall be
13to sell and distribute
wine intoxicating liquor manufactured, blended, or mixed, and
14also bottled, by its members.
SB332,231
15Section 231
. 125.545 (2) (a) 3. b. of the statutes is amended to read:
SB332,127,1716
125.545
(2) (a) 3. b. The small winery is certified by the
department division 17under sub. (6) (a) as a small winery.
SB332,232
18Section
232. 125.545 (2) (a) 4. of the statutes is created to read:
SB332,127,2119
125.545
(2) (a) 4. A small manufacturer may become a member of a cooperative
20wholesaler only if the small manufacturer is certified by the division under sub. (6)
21(a) as a small manufacturer.
SB332,233
22Section
233. 125.545 (2) (b) of the statutes is amended to read: