SB332,129,1814
125.545
(3) (b) 1. Notwithstanding s. 125.54 (1), and except as provided in subd.
153., a cooperative wholesaler issued a wholesaler's permit under par. (a) is authorized
16to sell and distribute only
wine intoxicating liquor. Except as provided in subd. 3.,
17a cooperative wholesaler may not sell or distribute any alcohol beverages, or any
18other product, except
wine intoxicating liquor.
SB332,130,219
2. A cooperative wholesaler shall purchase
on consignment wine intoxicating
20liquor from its members to be resold to retailers and other wholesalers.
21Notwithstanding s. 125.69 (5), a cooperative wholesaler may not purchase
wine 22intoxicating liquor from any person other than a member. A cooperative wholesaler
23may not resell or distribute
wine intoxicating liquor unless it has been purchased
on
24consignment from a member. Notwithstanding s. 125.54 (1), a cooperative
1wholesaler may not sell or distribute
wine
intoxicating liquor except to a retailer or
2to a wholesaler holding a permit under s. 125.54.
SB332,130,93
3. A cooperative wholesaler may purchase ancillary
wine industry trade goods
4such as bottles, corks, and other supplies used by wineries
or manufacturers in the
5bottling and sale of
wine intoxicating liquor if such trade goods do not include any
6alcohol beverages. Any
wine industry trade goods purchased by a cooperative
7wholesaler under this subdivision may be offered for resale to the cooperative
8wholesaler's members or to any winery
or manufacturer that was formerly a member
9of the cooperative wholesaler.
SB332,130,1410
4. A cooperative wholesaler shall work with all of its members on evenhanded
11terms. Any preferential treatment by a cooperative wholesaler for the benefit of a
12member that is a Wisconsin winery
or Wisconsin manufacturer, and any
13discrimination against a member that is an out-of-state winery
or out-of-state
14manufacturer, is prohibited.
SB332,239
15Section
239. 125.545 (3) (c) of the statutes is amended to read:
SB332,130,2116
125.545
(3) (c) Neither a cooperative wholesaler nor its members are subject
17to any restriction on dealings under s. 125.69 (1) between wholesalers and wineries
18or manufacturers. Except as provided in s. 125.54 (7) (e) and as otherwise provided
19in this section, all provisions of this chapter and ch. 139 that apply to a wholesaler
20issued a permit under s. 125.54 also apply to a cooperative wholesaler issued a permit
21under s. 125.54.
SB332,240
22Section
240. 125.545 (4) of the statutes is amended to read:
SB332,131,223
125.545
(4) Exclusive distribution. A member of a cooperative wholesaler
24may make its
wine intoxicating liquor available for purchase by a retailer or another
25wholesaler only through the cooperative wholesaler of which it is a member. A
1member of a cooperative wholesaler may not sell its
wine intoxicating liquor directly
2to any other wholesaler or directly to a retailer.
SB332,241
3Section 241
. 125.545 (5) of the statutes is amended to read:
SB332,131,84
125.545
(5) Biennial reports. With each application for renewal of a
5wholesaler's permit issued to a cooperative wholesaler, each cooperative wholesaler
6shall file with the
department division, in the form and manner prescribed by the
7department division by rule, a biennial report that includes detailed information on
8its members, board of directors, and sale and distribution activities.
SB332,242
9Section 242
. 125.545 (6) (title) and (a) 1. and 2. of the statutes are amended
10to read:
SB332,131,1111
125.545
(6) (title)
Department Division certification and rule making.
SB332,131,1412
(a) 1. The
department division shall, upon application, certify eligible
13applicants as small wineries
or small manufacturers and renew prior certifications
14of eligible applicants as small wineries
or small manufacturers.
SB332,131,2215
2. Any winery seeking to become a member of, or to maintain its membership
16in, a cooperative wholesaler may apply to the
department division for certification
17as a small winery. If the winery meets the definition of a small winery under this
18section, satisfies the requirement under sub. (2) (a) 3. a., and submits any other
19information that the
department division determines is necessary to certify that the
20winery is operating as a small winery and is eligible for membership in a cooperative
21wholesaler, the
department division shall certify the winery as a small winery. This
22certification shall remain valid for one year.
SB332,243
23Section
243. 125.545 (6) (a) 2m. of the statutes is created to read:
SB332,132,624
125.545
(6) (a) 2m. Any manufacturer seeking to become a member of, or to
25maintain its membership in, a cooperative wholesaler may apply to the division for
1certification as a small manufacturer. If the manufacturer meets the definition of
2a small manufacturer under this section and submits any other information that the
3division determines is necessary to certify that the manufacturer is operating as a
4small manufacturer and is eligible for membership in a cooperative wholesaler, the
5division shall certify the manufacturer as a small manufacturer. This certification
6shall remain valid for one year.
SB332,244
7Section
244. 125.545 (6) (a) 3. of the statutes is amended to read:
SB332,132,108
125.545
(6) (a) 3. In certifying any winery under subd. 2., the
department 9division shall classify the winery as either a Wisconsin winery or an out-of-state
10winery.
SB332,245
11Section
245. 125.545 (6) (a) 3m. of the statutes is created to read:
SB332,132,1412
125.545
(6) (a) 3m. In certifying any manufacturer under subd. 2m., the
13division shall classify the manufacturer as either a Wisconsin manufacturer or an
14out-of-state manufacturer.
SB332,246
15Section
246. 125.545 (6) (a) 4. of the statutes is amended to read:
SB332,132,1916
125.545
(6) (a) 4. The
department
division shall refuse to certify under this
17paragraph any winery
or manufacturer that cannot demonstrate it holds all
18necessary permits for its operations or that the
department division finds is
19otherwise not in full compliance with the laws of this state.
SB332,247
20Section
247. 125.545 (6) (b) of the statutes is amended to read:
SB332,132,2221
125.545
(6) (b) The
department
division shall promulgate rules to administer
22and enforce the requirements under this section.
SB332,248
23Section
248. 125.545 (7) of the statutes is amended to read:
SB332,133,224
125.545
(7) Penalties. (a) Any winery
or manufacturer that sells or distributes
25its
wine intoxicating liquor directly to a retailer, rather than through a wholesaler
1or cooperative wholesaler, is subject to a fine of not more than $10,000 and revocation
2of all of its permits by the
department division under s. 125.12 (5).
SB332,133,73
(b) Any cooperative wholesaler that provides preferential treatment to a
4Wisconsin winery
or Wisconsin manufacturer or discriminates against an
5out-of-state winery
or out-of-state manufacturer is subject to a fine of not more
6than $10,000 and revocation of its wholesaler's permit by the
department division 7under s. 125.12 (5).
SB332,249
8Section 249
. 125.55 (1) of the statutes is amended to read:
SB332,133,109
125.55
(1) The
department division may issue a combination manufacturer's
10and rectifier's permit.
SB332,250
11Section 250
. 125.56 (2) (a) of the statutes is amended to read:
SB332,133,1612
125.56
(2) (a) The
department
division shall issue sacramental wine permits
13to organized religious bodies authorizing them to purchase for their own use
14sacramental wine from any permittee under s. 125.52 (1), 125.53 or 125.54. A permit
15under this subsection does not authorize the resale of sacramental wine by the
16permittee.
SB332,251
17Section 251
. 125.56 (2) (c) of the statutes is amended to read:
SB332,133,2018
125.56
(2) (c) Shipments of sacramental wine shall be conspicuously labeled
19“for sacramental purposes" and shall meet any other requirements the
department 20division prescribes by rule.
SB332,252
21Section 252
. 125.56 (2) (d) of the statutes is amended to read:
SB332,133,2322
125.56
(2) (d) A sacramental wine permit shall be issued free of charge by the
23department division and is not subject to s. 125.04 (11) (a).
SB332,253
24Section 253
. 125.58 (1) of the statutes is amended to read:
SB332,134,18
1125.58
(1) The
department
division shall issue out-of-state shippers' permits
2which authorize persons located outside this state to sell or ship intoxicating liquor
3into this state. Except as provided under
sub.
subs. (4)
and (5), intoxicating liquor
4may be shipped into this state only to a person holding a wholesaler's permit under
5s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a
6permit under this section, to a person holding a manufacturer's or rectifier's permit
7under s. 125.52 or a winery permit under s. 125.53. Except as provided under
sub. 8subs. (4)
and (5), a separate out-of-state shipper's permit is required for each
9location from which any intoxicating liquor is sold or shipped into this state,
10including the location from which the invoices are issued for the sales or shipments.
11Any person holding an out-of-state shipper's permit issued under this section may
12solicit orders for sales or shipments by the permittee without obtaining the sales
13solicitation permit required by s. 125.65, but every agent, salesperson or other
14representative who solicits orders for sales or shipments by an out-of-state shipper
15shall first obtain a permit for soliciting orders under s. 125.65. No holder of an
16out-of-state shipper's permit issued under this section may sell intoxicating liquor
17in this state or ship intoxicating liquor into this state unless the out-of-state shipper
18is the primary source of supply for that intoxicating liquor.
SB332,254
19Section
254. 125.58 (2) of the statutes is renumbered 125.58 (2) (a).
SB332,255
20Section
255. 125.58 (2) (b) and (c) of the statutes are created to read:
SB332,135,621
125.58
(2) (b) 1. Unless the permittee or agent of the permittee appointed under
22s. 125.04 (6) is a resident of this state, or unless the permittee maintains a registered
23agent in this state under s. 180.0501, 180.1507, 183.0105, or 183.1007, a permittee
24under this section shall appoint and continually engage the services of an agent in
25this state to act as agent for the service of process on whom all processes, and any
1action or proceeding against the permittee concerning or arising out of the
2enforcement of any provision of this chapter or ch. 139, may be served in any manner
3authorized by law. That service shall constitute legal and valid service of process on
4the permittee. The permittee shall provide to the division, in the form and manner
5prescribed by the division, the name, address, phone number, and proof of the
6appointment and availability of the agent.
SB332,135,137
2. The permittee shall provide notice to the division 30 calendar days before
8termination of the authority of an agent under subd. 1. and shall provide proof to the
9satisfaction of the division of the appointment of a new agent no less than 5 calendar
10days before the termination of an existing agent appointment. In the event an agent
11terminates an agency appointment, the permittee shall notify the division of that
12termination within 5 calendar days and shall include proof to the satisfaction of the
13division of the appointment of a new agent.
SB332,135,1814
3. If a permittee fails to maintain an agent in this state after a permit is issued
15under this section, the permittee is considered to have appointed the department of
16financial institutions as the permittee's agent, and the permittee may be proceeded
17against in courts of this state by service of process upon the department of financial
18institutions.
SB332,135,2019
(c) The application for a permit under this section shall include a provision that
20the permittee agrees to do all of the following:
SB332,135,2221
1. File reports, provide records, and allow inspections and examinations to the
22extent provided in s. 125.025 and ch. 139.
SB332,135,2423
2. Pay the expenses reasonably attributable to inspections and examinations
24made by the division at the premises of the permittee located outside this state.
SB332,136,2
13. Accept service of process and consent to jurisdiction in any proceeding in this
2state to enforce the provisions of this chapter or ch. 139.
SB332,256
3Section
256. 125.58 (5) of the statutes is created to read:
SB332,136,64
125.58
(5) A fulfillment house located outside this state that holds a permit
5under s. 125.23 may ship wine into this state as provided in s. 125.23 and is not
6required to hold an out-of-state shipper's permit under this section.
SB332,257
7Section 257
. 125.60 (1) of the statutes is amended to read:
SB332,136,128
125.60
(1) The
department division may issue a wholesale alcohol permit
9which authorizes the permittee to sell ethyl alcohol of 190 proof or more to persons
10holding permits or licenses issued under s. 125.61 or 125.62. Nothing in this section
11requires manufacturers, rectifiers and wholesalers holding permits issued under s.
12125.52 (1) or 125.54 to obtain a wholesale alcohol permit.
SB332,258
13Section 258
. 125.61 (1) of the statutes is amended to read:
SB332,136,1714
125.61
(1) The
department division may issue a medicinal alcohol permit
15which authorizes the permittee to purchase and use alcohol for medicinal purposes
16only. The permit may be issued only to persons who prove to the
department division 17that they use alcohol for medicinal purposes.
SB332,259
18Section 259
. 125.61 (3) of the statutes is amended to read:
SB332,136,2119
125.61
(3) Shipments of medicinal alcohol shall be conspicuously labeled “for
20medicinal purposes" and shall meet other requirements which the
department 21division prescribes by rule.
SB332,260
22Section 260
. 125.61 (4) of the statutes is amended to read:
SB332,136,2423
125.61
(4) A medicinal permit shall be issued free of charge by the
department 24division and is not subject to s. 125.04 (11) (a).
SB332,261
25Section 261
. 125.62 (1) of the statutes is amended to read:
SB332,137,4
1125.62
(1) The
department
division may issue an industrial alcohol permit
2which authorizes the permittee to purchase and use alcohol for industrial purposes
3only. Such permits may be issued only to persons who prove to the
department 4division that they use alcohol for industrial purposes.
SB332,262
5Section 262
. 125.62 (3) of the statutes is amended to read:
SB332,137,86
125.62
(3) Shipments of industrial alcohol shall be conspicuously labeled “for
7industrial purposes" and shall meet other requirements which the
department 8division prescribes by rule.
SB332,263
9Section 263
. 125.63 (1) of the statutes is amended to read:
SB332,137,1310
125.63
(1) The
department division may issue an industrial wine permit which
11authorizes the purchase and use of wine for industrial purposes only. An industrial
12wine permit may be issued only to persons who prove to the
department division that
13they use wine for industrial purposes.
SB332,264
14Section 264
. 125.63 (3) of the statutes is amended to read:
SB332,137,1715
125.63
(3) Shipments of industrial wine shall be conspicuously labeled “for
16industrial purposes" and shall meet other requirements which the
department 17division prescribes by rule.
SB332,265
18Section 265
. 125.65 (1) of the statutes is amended to read:
SB332,137,2319
125.65
(1) The
department division may issue a permit for wholesale sales for
20future delivery which authorizes the permittee to solicit orders, and to engage in the
21sale, of intoxicating liquor for delivery at a future date. A person holding a permit
22under this section may give a sample of a brand of intoxicating liquor to a “Class A"
23licensee who has not previously purchased that brand from the permittee.
SB332,266
24Section 266
. 125.65 (4) (intro.) of the statutes is amended to read:
SB332,138,2
1125.65
(4) (intro.) The
department division shall require the following
2information in applications for permits under this section:
SB332,267
3Section 267
. 125.65 (4) (e) of the statutes is amended to read:
SB332,138,44
125.65
(4) (e) Any other information required by the
department division.
SB332,268
5Section 268
. 125.65 (6) of the statutes is amended to read:
SB332,138,106
125.65
(6) Employers shall furnish the
department division with the names of
7all employees engaged in activities requiring a permit under this section and shall
8notify the
department division whenever an employee begins or terminates
9employment. Upon leaving employment, an employee shall submit his or her permit
10to the
department division for cancellation.
SB332,269
11Section 269
. 125.65 (10) of the statutes is amended to read:
SB332,138,1412
125.65
(10) The
department
division may not require a fee for a permit under
13this section for an individual who is eligible for the veterans fee waiver program
14under s. 45.44.
SB332,270
15Section
270. 125.68 (2) of the statutes is amended to read:
SB332,139,1716
125.68
(2) Operators' licenses
and permits; “Class A," “Class B," “Class C," and
17other premises. Except as provided under ss. 125.07 (3) (a) 10. and 125.51 (10), no
18premises operated under a “Class A" or “Class C" license or under a “Class B" license
19or permit may be open for business, and no person who holds a
brewer's permit, 20manufacturer's or rectifier's permit
, or winery permit may allow the sale or provision
21of taste samples of intoxicating liquor on the
brewery premises, manufacturing or
22rectifying premises
as provided in s. 125.52 (1) (b) 2.,
winery premises, or any retail
23outlet operated by the brewer, manufacturer, rectifier, or winery under s. 125.29 (7),
24125.52 (4), or 125.53 (3), unless there is upon the premises either the licensee or
25permittee, the agent named in the license or permit if the licensee or permittee is a
1corporation or limited liability company, or some person who has an operator's
2license
or operator's permit and who is responsible for the acts of all persons selling
3or serving any intoxicating liquor to customers. An operator's license issued in
4respect to a vessel under s. 125.51 (5) (c) is valid outside the municipality that issues
5it. For the purpose of this subsection, any person holding a manager's license issued
6under s. 125.18 or any member of the licensee's or permittee's immediate family who
7has attained the age of 18 shall be considered the holder of an operator's license. No
8person
, including a member of the licensee's or permittee's immediate family, other
9than the licensee, permittee
, or agent may serve or sell alcohol beverages in any place
10operated under a “Class A" or “Class C" license or under a “Class B" license or permit
,
11or serve or sell intoxicating liquor on brewery premises, manufacturing or rectifying
12premises, winery premises, or any retail outlet operated by a brewer, manufacturer,
13rectifier, or winery under s. 125.29 (7), 125.52 (4), or 125.53 (3), unless he or she has
14an operator's license
or operator's permit, is considered to have an operator's license
15under this subsection, or is at least 18 years of age and is under the immediate
16supervision of the licensee, permittee
, or agent or a person holding an operator's
17license
or operator's permit, who is on the premises at the time of the service.
SB332,271
18Section
271. 125.68 (4) (c) 1. of the statutes is amended to read:
SB332,140,219
125.68
(4) (c) 1. Subject to subds. 3. and 6. and s. 125.51 (3r) (a) 3., no premises
20for which a “Class B" license or permit or a “Class C" license has been issued may
21remain open between the hours of 2 a.m. and 6 a.m., except as otherwise provided
22in this subdivision and subd. 4. On January 1 premises operating under a “Class B"
23license or permit are not required to close. On Saturday and Sunday, no premises
24may remain open between 2:30 a.m. and 6 a.m. except that, on the Sunday that
25daylight saving time begins as specified in s. 175.095 (2), no premises may remain
1open between 3:30 a.m. and 6 a.m.
This subdivision does not apply to a “Class B"
2license issued to a winery under s. 125.51 (3) (am).
SB332,272
3Section
272. 125.68 (4) (c) 3. of the statutes is amended to read:
SB332,140,114
125.68
(4) (c) 3. Between 12 midnight and 6 a.m. no person may sell
5intoxicating liquor on “Class B" licensed premises in an original unopened package,
6container or bottle or for consumption away from the premises or on “Class C"
7licensed premises as authorized under s. 125.51 (3r) (a). A municipal governing body
8may, by ordinance, impose more restrictive hours than are provided in this
9subdivision except with respect to the sale of intoxicating liquor authorized under s.
10125.51 (3r) (a).
This subdivision does not apply to a “Class B" license issued to a
11winery under s. 125.51 (3) (am).
SB332,273
12Section
273. 125.68 (4) (c) 3m. of the statutes is repealed.
SB332,274
13Section 274
. 125.68 (9) (f) of the statutes is amended to read:
SB332,140,2014
125.68
(9) (f) Every person manufacturing, rectifying or blending intoxicating
15liquor sold in this state shall provide the
department division with the names,
16brands, descriptions, alcoholic content by volume and any other information about
17the intoxicating liquor required by the
department
division. Information required
18by this paragraph shall be submitted prior to placing any new blend on the market.
19The
department division may also require by rule that samples of new products be
20submitted for examination and analysis.
SB332,275
21Section
275. 125.68 (10) (a) and (b) of the statutes are amended to read:
SB332,141,222
125.68
(10) (a) Except as provided in
s. ss. 125.23 and 125.535, no intoxicating
23liquor may be shipped into this state unless consigned to a person holding a
24wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or rectifier
25in another state holding a permit under s. 125.58, consigned to a person holding a
1manufacturer's or rectifier's permit under s. 125.52 or a winery permit under s.
2125.53.
SB332,141,93
(b) Except as provided in
s. ss. 125.23 and 125.535, no common carrier or other
4person may transport into and deliver within this state any intoxicating liquor
5unless it is consigned to a person holding a wholesaler's permit under s. 125.54 or,
6if shipped from a manufacturer or rectifier in another state holding a permit under
7s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit under
8s. 125.52 or a winery permit under s. 125.53. Any common carrier violating this
9paragraph shall forfeit $100 for each violation.
SB332,276
10Section 276
. 125.69 (1) of the statutes is repealed and recreated to read:
SB332,141,1311
125.69
(1) Interest restrictions. (a) Subject to s. 125.20 (6), a manufacturer's
12or rectifier's permit under s. 125.52 may not be issued to any person who holds, or
13has an interest in a licensee or permittee holding, any of the following:
SB332,141,1514
1. A Class “A" license issued under s. 125.25 or “Class A” license issued under
15s. 125.51 (2).