LRBs0166/1
ARG:jld:pg
2001 - 2002 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 ASSEMBLY BILL 217
August 28, 2001 - Offered by State Affairs.
AB217-ASA1,1,4 1An Act to amend 125.52 (1) and 125.68 (2); and to create 125.52 (1) (c) 1., 125.52
2(1) (c) 2. and 125.52 (1) (c) 3. of the statutes; relating to: sales of fruit-based
3intoxicating liquor for consumption off the premises where manufactured or
4rectified, and taste samples for consumption on the premises.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB217-ASA1, s. 1 5Section 1. 125.52 (1) of the statutes is amended to read:
AB217-ASA1,1,116 125.52 (1) Authorized activities. (a) The department shall issue
7manufacturers' and rectifiers' permits which authorize the manufacture or
8rectification, respectively, of intoxicating liquor on the premises covered by the
9permit. A person holding a manufacturer's or rectifier's permit may manufacture,
10bottle or wholesale wine, pursuant to the terms of the permit, without procuring a
11winery permit.
AB217-ASA1,2,5
1(b) A manufacturer's or rectifier's permit entitles the permittee to sell
2intoxicating liquor to wholesalers from the premises described in the permit.
3Holders of rectifiers' permits may also sell intoxicating liquor rectified by the
4permittee to retailers without any other permit. No sales may be made for
5consumption on the premises of the permittee.
AB217-ASA1,2,8 6(d) Possession of a permit under this section does not authorize the permittee
7to sell tax-free intoxicating liquor and wines brought into this state under s. 139.03
8(5).
AB217-ASA1, s. 2 9Section 2. 125.52 (1) (c) 1. of the statutes is created to read:
AB217-ASA1,2,1710 125.52 (1) (c) 1. Subject to subd. 3., a manufacturer's or rectifier's permit
11authorizes the retail sale from the premises covered by the permit to a person who
12does not hold a license or permit under this chapter, for consumption off the premises
13where sold, of intoxicating liquor that is manufactured or rectified on the premises
14and that is manufactured or rectified exclusively from fermented fruit juice. The
15department may prescribe additional regulations for the sale of intoxicating liquor
16under this subdivision, if the additional regulations do not conflict with the
17requirements applicable to holders of "Class B" licenses.
AB217-ASA1, s. 3 18Section 3. 125.52 (1) (c) 2. of the statutes is created to read:
AB217-ASA1,3,519 125.52 (1) (c) 2. Subject to subd. 3. and notwithstanding s. 125.09 (1), a
20manufacturer's or rectifier's permit also authorizes the provision from the premises
21covered by the permit of taste samples, for consumption on the premises where
22provided, of intoxicating liquor that is manufactured or rectified on the premises and
23that is manufactured or rectified exclusively from fermented fruit juice. A permittee
24may only provide taste samples under this subdivision between the hours of 10 a.m.
25and 7 p.m. No permittee may provide more than 3 taste samples per day to any one

1person, and each taste sample shall be provided separately and may not exceed
2one-half fluid ounce. Any taste sample provided under this subdivision shall be
3provided free of any direct or indirect charge. Notwithstanding s. 125.07 (1) (a) 1.,
4no permittee may provide taste samples under this subdivision to any underage
5person.
AB217-ASA1, s. 4 6Section 4. 125.52 (1) (c) 3. of the statutes is created to read:
AB217-ASA1,3,97 125.52 (1) (c) 3. This paragraph applies only to a permittee that annually
8produces no more than 25,000 liters of intoxicating liquor manufactured or rectified
9exclusively from fermented fruit juice on the premises covered by the permit.
AB217-ASA1, s. 5 10Section 5. 125.68 (2) of the statutes is amended to read:
AB217-ASA1,4,611 125.68 (2) Operators' licenses; "Class A",," "Class B" or," "Class C," and other
12premises.
Except as provided under s. 125.07 (3) (a) 10., no premises operated under
13a "Class A" or "Class C" license or under a "Class B" license or permit may be open
14for business, and no person who holds a manufacturer's or rectifier's permit may
15allow the sale or provision of taste samples of intoxicating liquor on the
16manufacturing or rectifying premises as provided in s. 125.52 (1) (c) 1. or 2.,
unless
17there is upon the premises either the licensee or permittee, the agent named in the
18license or permit if the licensee or permittee is a corporation or limited liability
19company, or some person who has an operator's license and who is responsible for the
20acts of all persons selling or serving any intoxicating liquor to customers. An
21operator's license issued in respect to a vessel under s. 125.51 (5) (c) is valid outside
22the municipality that issues it. For the purpose of this subsection, any person
23holding a manager's license issued under s. 125.18 or any member of the licensee's
24or permittee's immediate family who has attained the age of 18 shall be considered
25the holder of an operator's license. No person, including a member of the licensee's

1or permittee's immediate family, other than the licensee, permittee or agent may
2serve or sell alcohol beverages in any place operated under a "Class A" or "Class C"
3license or under a "Class B" license or permit unless he or she has an operator's
4license or is at least 18 years of age and is under the immediate supervision of the
5licensee, permittee or agent or a person holding an operator's license, who is on the
6premises at the time of the service.
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