LRBs0363/3
PEN:kmg:km
1999 - 2000 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1999 SENATE BILL 361
March 23, 2000 - Offered by
Committee on Insurance, Tourism, Transportation
and Corrections.
SB361-SSA1,1,4
1An Act to renumber and amend 125.31 (1);
to amend 125.28 (2) (b) 1. b. and
2c. and 125.31 (3) (b); and
to create 125.02 (1m), 125.31 (1) (a) 1. and 125.31 (1)
3(a) 3. of the statutes;
relating to: the number of Class "B" licenses that may be
4issued to certain small brewers.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB361-SSA1,1,66
125.02
(1m) "Barrel" means 31 U.S. gallons.
SB361-SSA1, s. 2
7Section
2. 125.28 (2) (b) 1. b. and c. of the statutes are amended to read:
SB361-SSA1,1,98
125.28
(2) (b) 1. b. A Class "B" license issued under s. 125.26
, except as provided
9in s. 125.29 (4).
SB361-SSA1,1,1010
c. A Class "B" permit issued under s. 125.27
, except as provided in s. 125.29 (4).
SB361-SSA1, s. 3
11Section
3. 125.31 (1) of the statutes is renumbered 125.31 (1) (a) 2. and
12amended to read:
SB361-SSA1,2,6
1125.31
(1) (a) 2. Notwithstanding ss. 125.29 (2) and 125.33 (1), a brewer may
2maintain and operate
a one place on brewery premises and
a one place on real estate
3owned by the brewer or a subsidiary or affiliate corporation or limited liability
4company for the sale of fermented malt beverages for which a Class "B" license is
5required for each place, but
, except as provided in subd. 3., not more than 2 such
6Class "B" licenses shall be issued to any brewer.
SB361-SSA1,2,10
7(b) Notwithstanding ss. 125.29 (2) and 125.33 (1), a brewer may
also own,
8maintain or operate places for the sale of fermented malt beverages at the state fair
9park or on any county fairgrounds located in this state
, in addition to places
10authorized under par. (a).
SB361-SSA1,2,12
11(c) Any Class "B" license necessary in connection with this subsection shall be
12issued to the brewer.
SB361-SSA1,2,15
13(d) Notwithstanding s. 125.33 (1), a brewer may own the furniture, fixtures,
14fittings, furnishings and equipment on such premises and shall pay any license fee
15or tax required for the operation of the premises.
SB361-SSA1, s. 4
16Section
4. 125.31 (1) (a) 1. of the statutes is created to read:
SB361-SSA1,2,1917
125.31
(1) (a) 1. In this paragraph, "small brewer" means a brewer that,
18together with the fermented malt beverages manufactured during the same year by
19all of the following, manufactures less than 4,000 barrels of beer annually:
SB361-SSA1,2,2120
a. All brewers that share membership with the brewer in a controlled group of
21brewers, as determined under
26 USC 5051 (a) (2) (B).
SB361-SSA1,2,2322b. All brewers considered with the brewer as one taxpayer under
27 CFR
2325.111b (b).
SB361-SSA1,2,2424
c. All franchisees, as defined in s. 553.03 (5), of the brewer.
SB361-SSA1,3,2
1d. All franchisees, as defined in s. 553.03 (5), of the brewer's franchisor, as
2defined in s. 553.03 (6).
SB361-SSA1,3,33
e. The franchisor, as defined in s. 553.03 (6), of the brewer.
SB361-SSA1, s. 5
4Section
5. 125.31 (1) (a) 3. of the statutes is created to read:
SB361-SSA1,3,145
125.31
(1) (a) 3. Notwithstanding ss. 125.29 (2) and 125.33 (1), in addition to
6places authorized under subd. 2., a small brewer may possess a Class "B" license for
7any restaurant in which the sale of alcohol beverages accounts for less than 50% of
8the restaurant's gross receipts and in which is offered for sale fermented malt
9beverages manufactured by a brewer other than the small brewer who possesses the
10Class "B" license. No restaurant whose Class "B" license is issued to a small brewer
11under this subdivision may sell fermented malt beverages manufactured by the
12small brewer unless the restaurant purchased the fermented malt beverages from
13a wholesaler that has no direct or indirect ownership interest in the brewery that
14manufactured the fermented malt beverages.
SB361-SSA1, s. 6
15Section
6. 125.31 (3) (b) of the statutes is amended to read:
SB361-SSA1,3,1716
125.31
(3) (b) To persons other than licensees and permittees, if the brewer
17obtains a Class "A"
or Class "B" license.
