SB40-CSA1, s. 2759c 8Section 2759c. 125.12 (5) of the statutes is amended to read:
SB40-CSA1,1129,169 125.12 (5) Revocations or suspensions of, or refusals to renew, permits by
10the department.
The department may, after notice and an opportunity for hearing,
11revoke, suspend or refuse to renew any retail permit issued by it for the causes
12provided in sub. (4) and any other permit issued by it under this chapter for any
13violation of this chapter or ch. 139, except that, for a violation of sub. (4) (ag) 6. with
14respect to a license issued under s. 125.51 (4) (v) or a violation of s. 125.535 or
15139.035
, the department shall revoke the license or permit. A revocation, suspension
16or refusal to renew is a contested case under ch. 227.
SB40-CSA1, s. 2759ca 17Section 2759ca. 125.25 (2) (b) 5. of the statutes is created to read:
SB40-CSA1,1129,2118 125.25 (2) (b) 5. A Class "A" license may not be issued to a person holding a
19brewpub permit issued under s. 125.295 or to a person who has a direct or indirect
20ownership interest in a premises operating under a brewpub permit issued under s.
21125.295.
SB40-CSA1, s. 2759cb 22Section 2759cb. 125.26 (2) (b) 1. of the statutes is amended to read:
SB40-CSA1,1129,2423 125.26 (2) (b) 1. Except as provided in s. ss. 125.295 and 125.31, Class "B"
24licenses may not be issued to brewers or brewpubs.
SB40-CSA1, s. 2759ce 25Section 2759ce. 125.26 (2u) of the statutes is created to read:
SB40-CSA1,1130,16
1125.26 (2u) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
2addition to the authorization specified in sub. (1), a Class "B" license issued under
3this section to a caterer also authorizes the caterer to provide fermented malt
4beverages, including their retail sale, at the National Railroad Museum in Green
5Bay during special events held at this museum. Notwithstanding sub. (1), a caterer
6may provide fermented malt beverages under this subsection at any location at the
7National Railroad Museum even though the National Railroad Museum is not part
8of the caterer's licensed premises, as described under sub. (3) in the caterer's Class
9"B" license, and even if the National Railroad Museum is not located within the
10municipality that issued the caterer's Class "B" license. A caterer that provides
11fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the
12fermented malt beverages were provided on the caterer's Class "B" licensed
13premises. This subsection does not authorize the National Railroad Museum to sell
14fermented malt beverages at retail or to procure or stock fermented malt beverages
15for purposes of retail sale. This subsection does not apply if, at any time, the National
16Railroad Museum holds a Class "B" license.
SB40-CSA1, s. 2759cec 17Section 2759cec. 125.28 (2) (b) 1. e. of the statutes is created to read:
SB40-CSA1,1130,1818 125.28 (2) (b) 1. e. A brewpub permit issued under s. 125.295.
SB40-CSA1, s. 2759ced 19Section 2759ced. 125.28 (2) (b) 2. of the statutes is amended to read:
SB40-CSA1,1130,2220 125.28 (2) (b) 2. A person who has a direct or indirect ownership interest in a
21premises operating under one or more of the licenses or permits listed in subd. 1. a.
22to d. e.
SB40-CSA1, s. 2759cf 23Section 2759cf. 125.29 (5) and (6) of the statutes are created to read:
SB40-CSA1,1130,2524 125.29 (5) Brewpubs. No person holding a brewpub permit under s. 125.295
25may register as a brewer under this section.
SB40-CSA1,1131,3
1(6) Restaurants. No person issued a permit under this section after the
2effective date of this subsection .... [revisor inserts date], may hold a restaurant
3permit issued under s. 254.64.
SB40-CSA1, s. 2759cg 4Section 2759cg. 125.295 of the statutes is created to read:
SB40-CSA1,1131,6 5125.295 Brewpub permits. (1) The department shall issue brewpub permits
6to eligible applicants authorizing all of the following:
SB40-CSA1,1131,107 (a) The manufacture of fermented malt beverages on the brewpub premises if
8the entire manufacturing process occurs on these premises and not more than 10,000
9barrels of fermented malt beverages are manufactured in a calendar year by the
10permittee's brewpub group.
SB40-CSA1,1131,1211 (b) The bottling on brewpub premises of fermented malt beverages that have
12been manufactured on these premises.
SB40-CSA1,1131,1513 (c) The packaging in refillable containers exceeding 24 ounces in volume, at the
14request of a customer and on brewpub premises, of fermented malt beverages that
15have been manufactured on these premises.
SB40-CSA1,1131,1716 (d) The possession and storage of any fermented malt beverages on brewpub
17premises.
SB40-CSA1,1131,2018 (e) The transportation of fermented malt beverages that have been
19manufactured on the brewpub premises between these premises and any other
20brewpub premises or Class "B" premises of the brewpub group.
SB40-CSA1,1131,2421 (f) Subject to s. 125.34 (3) and (4), the sale at wholesale, shipment,
22transportation, and delivery, in original unopened packages or containers, to
23wholesalers, from the brewpub premises, of fermented malt beverages that have
24been manufactured on these premises or on other brewpub premises of the brewpub.
SB40-CSA1,1132,13
1(g) The sale at wholesale, shipment, transportation, and delivery, in original
2unopened packages or containers, to retailers, from the brewpub premises, of
3fermented malt beverages that have been manufactured on these premises or on
4other brewpub premises of the brewpub. A brewpub's brewpub group may not sell,
5ship, transport, or deliver more than a total of 1,000 barrels of fermented malt
6beverages in any calendar year to retailers under this paragraph. Fermented malt
7beverages provided by a brewpub to any retail premises for which the brewpub group
8holds a retail license shall not be included in any calculation of the 1,000 barrel
9limitation under this paragraph. Deliveries and shipments of fermented malt
10beverages by a brewpub under this paragraph shall be made to retailers only at their
11retail premises. Any retailer receiving such a delivery or shipment is subject to the
12prohibition under s. 125.34 (5) against further transporting the delivery or shipment
13to any other retail premises.
SB40-CSA1,1132,1614 (h) The sale of alcohol beverages at retail on the brewpub premises in
15accordance with the terms of any retail license specified in subs. (2) (a) 4. and (3) (b)
16and (c).
SB40-CSA1,1132,2017 (i) Notwithstanding s. 125.33 (1), the ownership, maintenance, and operation
18of places for the sale of fermented malt beverages at the state fair park or on any
19county fairgrounds located in this state if the fermented malt beverages have been
20manufactured by the brewpub.
SB40-CSA1,1132,22 21(2) (a) An applicant is eligible for a brewpub permit only if all of the following
22apply:
SB40-CSA1,1132,2423 1. The applicant's brewpub group manufactures a total of not more than 10,000
24barrels of fermented malt beverages in a calendar year.
SB40-CSA1,1133,5
12. The applicant's entire process for manufacturing fermented malt beverages
2occurs on premises covered by a permit issued under this section. If the applicant
3holds more than one permit issued under this section, the applicant is not required
4to manufacture fermented malt beverages on each premises for which a permit is
5issued under this section.
SB40-CSA1,1133,76 3. The applicant operates a restaurant on the premises for which the permit
7is issued, for which a restaurant permit is issued under s. 254.64.
SB40-CSA1,1133,118 4. The applicant holds a Class "B" license for the restaurant identified in subd.
93. and, on these Class "B" premises, offers for sale, in addition to fermented malt
10beverages manufactured by the applicant, fermented malt beverages manufactured
11by a brewer other than the applicant and its brewpub group.
SB40-CSA1,1133,1212 5. The applicant holds a valid certificate issued under s. 73.03 (50).
SB40-CSA1,1133,1513 6. Neither the applicant nor the applicant's brewpub group holds, or has a
14direct or indirect ownership interest in a premises operating under, any of the
15following:
SB40-CSA1,1133,1616 a. A Class "A" license issued under s. 125.25.
SB40-CSA1,1133,1817 b. Except as provided in subd. 4. and subs. (1) (h) and (3) (b), a Class "B" license
18issued under s. 125.26.
SB40-CSA1,1133,1919 c. A wholesaler's license issued under s. 125.28.
SB40-CSA1,1133,2020 d. A brewer's permit issued under s. 125.29.
SB40-CSA1,1133,2221 e. Except as provided in subs. (1) (h) and (3) (c), a "Class B" license or permit
22or "Class C" license issued under s. 125.51.
SB40-CSA1,1133,2323 f. An alcohol beverage warehouse permit issued under s. 125.19.
SB40-CSA1,1134,524 (b) If an applicant under par. (a) has no current operations, the applicant may
25certify that the applicant has applied for or will apply for a Class "B" license or

1restaurant permit or will comply with any other requirement under par. (a), prior to
2or upon commencing operations authorized under this section. If a Class "B" license
3or restaurant permit is not subsequently issued to the applicant, or if the applicant
4otherwise fails to comply with any requirement for eligibility under par. (a), the
5department may revoke under s. 125.12 (5) the permit issued under this section.
SB40-CSA1,1134,146 (c) If an applicant under par. (a) holds any license or permit prohibited under
7par. (a) 6. at the time of its application, the applicant may certify that the applicant
8will surrender any such license or permit upon issuance of a permit under this
9section. If the department issues a permit under this section and the applicant fails
10to surrender any license or permit prohibited under par. (a) 6., the department may
11revoke under s. 125.12 (5) the permit issued under this section. An applicant is not
12required to surrender any Class "B" license issued under s. 125.31 (1) (a) 2. or under
13s. 125.31 (1) (a) 3., 2005 stats., if the applicant's continued possession of the license
14is consistent with subs. (1) (h), (2) (a) 4., and (3) (b) and (c).
SB40-CSA1,1134,16 15(3) (a) No brewpub group may hold more than 6 brewpub permits issued under
16this section.
SB40-CSA1,1134,2317 (b) A brewpub may not hold any Class "B" license other than one issued for a
18restaurant on the brewpub premises. Notwithstanding s. 125.26 (2) (a), each
19Class "B" license shall be issued for the brewpub's restaurant in the same name as
20the permittee under this section. Notwithstanding s. 125.33 (1), a brewpub may own
21the furniture, fixtures, fittings, furnishings, and equipment on the Class "B"
22premises and shall pay any license fee or tax required for the operation of the
23premises.
SB40-CSA1,1135,3
1(c) Subject to the requirements specified in s. 125.51 (3) and (3m), a brewpub
2may also hold "Class B" licenses and "Class C" licenses, but only for restaurants on
3brewpub premises.
SB40-CSA1,1135,5 4(4) The fee established by the department for a brewpub permit shall not
5exceed the fee established by the department for a permit under s. 125.29.
SB40-CSA1,1135,7 6(5) The department shall promulgate rules and prescribe forms to ensure strict
7compliance with the requirements under this section.
SB40-CSA1, s. 2759ch 8Section 2759ch. 125.31 (1) (a) 1. (intro.) of the statutes is repealed.
SB40-CSA1, s. 2759ci 9Section 2759ci. 125.31 (1) (a) 1. a. to e. of the statutes are renumbered 125.02
10(2d) (a) to (e).
SB40-CSA1, s. 2759cj 11Section 2759cj. 125.31 (1) (a) 2. of the statutes is amended to read:
SB40-CSA1,1135,1712 125.31 (1) (a) 2. Notwithstanding ss. 125.29 (2) and 125.33 (1), a brewer may
13maintain and operate one place on brewery premises, and one another place on real
14estate owned by the brewer or a subsidiary or affiliate corporation or limited liability
15company
, for the sale of fermented malt beverages for which a Class "B" license is
16required for each place, but, except as provided in subds. 3. and subd. 4., not more
17than 2 such Class "B" licenses shall be issued to any brewer.
SB40-CSA1, s. 2759ck 18Section 2759ck. 125.31 (1) (a) 3. of the statutes is repealed.
SB40-CSA1, s. 2759cL 19Section 2759cL. 125.31 (1) (a) 4. of the statutes is amended to read:
SB40-CSA1,1136,220 125.31 (1) (a) 4. Notwithstanding ss. 125.29 (2) and 125.33 (1), in addition to
21places authorized under subd. 2., a brewer may possess or hold an indirect interest
22in a Class "B" license for not more than 20 restaurants in each of which the sale of
23alcohol beverages accounts for less than 60% of the restaurant's gross receipts if no
24fermented malt beverages manufactured by the brewer are offered for sale in any of

1these restaurants. No brewer may possess Class "B" licenses under both this
2subdivision and subd. 3.
SB40-CSA1, s. 2759cLd 3Section 2759cLd. 125.32 (5) and (7) (a) of the statutes are amended to read:
SB40-CSA1,1136,104 125.32 (5) Signs near taps and brands on tap; Class "B" premises. Every Class
5"B" licensee or permittee selling or offering for sale draught fermented malt
6beverages shall display a sign on or near each tap or faucet disclosing the brand of
7fermented malt beverage drawn from the tap or faucet and the name of its the brewer
8or brewpub that manufactured it. No Class "B" licensee or permittee may substitute
9any other brand of fermented malt beverage in place of the brand designated on the
10sign with the intent to defraud or deceive the customer.
SB40-CSA1,1136,19 11(7) (a) No fermented malt beverages may be sold, offered , or exposed for sale,
12kept in possession with intent to sell, or served on any premises for which a license
13or permit for the sale of fermented malt beverages has been issued unless each
14barrel, keg, cask, bottle, or other container bears a label or other identification with
15the name and address of the brewer or brewpub that manufactured it. The
16possession of any fermented malt beverages which are not so identified on any
17premises for which a license or permit for the sale of fermented malt beverages has
18been issued is prima facie evidence that the fermented malt beverages are possessed
19with intent to sell, offer for sale, display for sale, or give away.
SB40-CSA1, s. 2759cLf 20Section 2759cLf. 125.33 (title), (1), (2) (intro.), (a), (d), (j), (k), (L) 2., 3. and 4.,
21(n) 2. and (p) 1., (2s), (6), (7) (a) 1. a. and b., (b), (c) and (d), (7m), (8), (9), (10) (a) 1.
22to 4., (b) and (c) 1. and 3. and (11) of the statutes are amended to read:
SB40-CSA1,1137,8 23125.33 (title) Restrictions on dealings between brewers, brewpubs,
24wholesalers
, and retailers. (1) Furnishing things of value. (a) Except as
25provided in this section and s. ss. 125.295 and 125.31, no brewer, brewpub, or

1wholesaler may furnish, give, lend, lease, or sell any furniture, fixtures, fittings,
2equipment, money, or other thing of value to any campus or Class "B" licensee or
3permittee, or to any person for the use, benefit, or relief of any campus or Class "B"
4licensee or permittee, or guarantee the repayment of any loan or the fulfillment of
5any financial obligation of any campus or Class "B" licensee or permittee. Such
6actions may not be taken by the brewer, brewpub, or wholesaler directly or indirectly,
7or through a subsidiary or affiliate corporation or limited liability company, or by any
8officer, director, stockholder, partner, or member thereof.
SB40-CSA1,1137,159 (b) No brewer, brewpub, or wholesaler may enter into any agreement whereby
10any campus or Class "B" licensee or permittee is required to purchase the fermented
11malt beverages of any brewer or brewpub to the exclusion of those manufactured by
12other brewers or brewpubs. Such contracts may not be entered into by the brewer,
13brewpub,
or wholesaler, directly or indirectly, or through a subsidiary or an affiliate
14corporation or limited liability company, or by any officer, director, stockholder,
15partner, or member thereof.
SB40-CSA1,1137,17 16(2) Exceptions. (intro.) Notwithstanding the prohibitions in sub. (1), a brewer,
17brewpub,
or wholesaler may:
SB40-CSA1,1138,218 (a) Give to any campus or Class "B" licensee or permittee, at any given time,
19for placement inside the premises, signs, clocks, or menu boards with an aggregate
20value of not more than $2,500. If a gift of any item would cause the $2,500 limit to
21be exceeded, the recipient shall pay the brewer, brewpub, or wholesaler the amount
22of the item's value in excess of $2,500. Each recipient shall keep an invoice or credit
23memo containing the name of the donor and the number and value of items received
24under this paragraph. The value of an item is its cost to the donor. Each recipient

1shall make the records kept under this paragraph available to the department for
2inspection upon request.
SB40-CSA1,1138,113 (d) Sell to a campus or Class "B" licensee or permittee at fair market value
4equipment designed and intended to preserve and maintain the sanitary dispensing
5of fermented malt beverages or any services necessary to maintain this kind of
6equipment. A brewer, brewpub, or wholesaler shall charge the same price per unit
7of equipment to each campus or Class "B" licensee or permittee making the same or
8a similar purchase, and shall charge the same rate to each campus or Class "B"
9licensee or permittee purchasing maintenance services under this subdivision. Each
10brewer, brewpub, or wholesaler shall keep records of each transaction under this
11subdivision and shall make the records available to the department upon request.
SB40-CSA1,1138,1912 (j) Contribute money or other items of value to, or purchase advertising from,
13an institution of higher education which is exempt under section 501 (c) (3) of the
14internal revenue code, as defined in s. 71.22 (4), if the contribution or purchase is for
15a purpose other than the use, benefit, or relief of premises or operations for the sale
16of fermented malt beverages and is not contingent either upon the use of the product
17of the brewer, brewpub, or wholesaler by the institution or upon an agreement by the
18institution wholly or partly to exclude from sale the products of a competing brewer,
19brewpub,
or wholesaler.
SB40-CSA1,1138,2520 (k) Contribute money or other items of value, or purchase advertising from, a
21campus if the contribution or purchase is for a purpose other than the use, benefit,
22or relief of premises or operations for the sale of fermented malt beverages and is not
23contingent either upon the use of the product of the brewer, brewpub, or wholesaler
24by the campus or upon an agreement by the campus partly or wholly to exclude from
25sale the products of a competing brewer, brewpub, or wholesaler.
SB40-CSA1,1139,9
1(L) 2. Purchase advertising from a person who does not hold a license under this
2chapter and who conducts national or regional sweepstakes, contests, or promotions
3on the premises of Class "B" licensees or permittees that sell the brewer's, brewpub's,
4or wholesaler's products. The person may promote an event or activity in connection
5with a sweepstakes, contest, or promotion, including promoting the location of the
6event or activity, if the Class "B" licensee or permittee on whose premises the event
7or activity will occur does not receive money for hosting the event or activity and,
8except as provided in subd. 4., if the advertising for the event or activity identifies
9at least 4 unaffiliated Class "B" licensees or permittees.
SB40-CSA1,1139,1710 3. Conduct national or regional sweepstakes, contests, or promotions on the
11premises of Class "B" licensees or permittees that sell the brewer's , brewpub's, or
12wholesaler's products. The brewer, brewpub, or wholesaler may promote an event
13or activity in connection with a sweepstakes, contest, or promotion, including
14promoting the location of the event or activity, if the Class "B" licensee or permittee
15on whose premises the event or activity will occur does not receive money for hosting
16the event or activity and, except as provided in subd. 4., if the advertising for the
17event or activity identifies at least 4 unaffiliated Class "B" licensees or permittees.
SB40-CSA1,1139,2118 4. A brewer that manufactures less than 30,000 barrels of fermented malt
19beverages annually, or a brewpub, may purchase advertising under subd. 2, and may
20promote sweepstakes, contests, or promotions through advertising under subd. 3.,
21if the advertising identifies at least one Class "B" licensee or permittee.
SB40-CSA1,1140,222 (n) 2. Notwithstanding subd. 1., no brewer, brewpub, or wholesaler may
23provide business entertainment to a Class "B" licensee or permittee under subd. 1.
24in one day that has a value exceeding $500, and no brewer, brewpub, or wholesaler

1may provide business entertainment to a Class "B" licensee or permittee under subd.
21. on more than 8 days in any calendar year.
SB40-CSA1,1140,103 (p) 1. Have present not more than 3 individuals representing the brewer or
4brewpub
at a fermented malt beverages tasting event that lasts 2 days or less and
5at which taste samples of fermented malt beverages brewed or sold by at least 5
6different brewers or brewpubs are offered for consumption by persons who either pay
7for the taste samples or pay a charge for admission to the event. Any individual
8representing a brewer or brewpub shall confine his or her activities on the premises
9to ensuring the integrity of, providing information about, and dispensing the
10brewer's or brewpub's fermented malt beverages.
SB40-CSA1,1140,14 11(2s) Exception for retail trade association contributions. Notwithstanding
12the prohibitions in sub. (1), a brewer, brewpub, or wholesaler may contribute money
13or other things of value to a bona fide national, statewide, or local trade association
14that derives its principal income from membership dues of Class "B" licensees.
SB40-CSA1,1140,20 15(6) Volume discounts to retailers. Wholesalers of fermented malt beverages,
16and brewpubs with respect to sales of fermented malt beverages authorized under
17s. 125.295 (1) (g),
shall charge the same price to all campuses and retail licensees and
18permittees making purchases in similar quantities. Any discount offered on
19fermented malt beverages shall be delivered to the retailer in a single transaction
20and single delivery, and on a single invoice.
SB40-CSA1,1140,23 21(7) (a) 1. a. Receive, purchase, or acquire fermented malt beverages from any
22licensee, or from any brewpub acting under authority of s. 125.295 (1) (g), except for
23cash or credit for a period of not more than 15 days.
SB40-CSA1,1141,324 b. Receive, purchase, or acquire fermented malt beverages from any licensee
25or permittee, or from any brewpub acting under authority of s. 125.295 (1) (g), if at

1the time of the receipt, purchase, or acquisition he or she is indebted to any licensee
2or, permittee, or brewpub for fermented malt beverages received, purchased,
3acquired, or delivered more than 15 days earlier.
SB40-CSA1,1141,94 (b) Restrictions on issuance of licenses and permits. No Class "A" or Class "B"
5license or permit may be issued to a person having an indebtedness for fermented
6malt beverages outstanding for more than 15 days. In each application for a Class
7"A" or Class "B" license or permit, the applicant shall state whether he or she has
8indebtedness for fermented malt beverages to any licensee or, permittee, or brewpub
9which has been outstanding for more than 15 days.
SB40-CSA1,1141,1710 (c) Wholesalers and brewpubs holding retail licenses and permits. For purposes
11of this subsection, a person holding both a fermented malt beverage wholesale
12license and a fermented malt beverage retail license is deemed a fermented malt
13beverage retailer. For purposes of this subsection, a brewpub, when acting under
14authority of a retail license with respect to fermented malt beverages not
15manufactured by the brewpub, is deemed a fermented malt beverages retailer. This
16paragraph does not affect any provision of this subsection with respect to a brewpub
17acting under authority of s. 125.295 (1) (g).
SB40-CSA1,1141,2318 (d) Penalties. A retail licensee or permittee who violates this subsection is
19subject to the penalties under s. 125.11 except that he or she may not be imprisoned.
20No brewer, brewpub, or wholesaler may be subjected to any penalty as the result of
21the sale of fermented malt beverages to a campus or retail licensee or permittee when
22purchased by the campus or retail licensee or permittee in violation of this
23subsection.
SB40-CSA1,1142,3 24(7m) Conditional purchases. No Class "A" or Class "B" licensee may condition
25the purchase of fermented malt beverages from a brewer, brewpub, or wholesaler

1upon the furnishing by the brewer, brewpub, or wholesaler of any thing of value,
2other than the products purchased, to the licensee or to any person for the use,
3benefit, or relief of the licensee.
SB40-CSA1,1142,9 4(8) Exclusive sales by wholesaler. A wholesaler may not sell or offer to sell
5a brand of fermented malt beverages exclusively to one Class "A" licensee or to a
6group of Class "A" licensees affiliated through common ownership, management or
7control, unless the brand of fermented malt beverages is produced by a brewer which
8that produces less than 300,000 barrels of fermented malt beverages in a calendar
9year or by a brewpub.
SB40-CSA1,1142,15 10(9) Campuses and retailers to purchase from wholesalers. No Except as
11provided in s. 125.295 (1) (g), no
campus or retail licensee or permittee may purchase
12or possess fermented malt beverages purchased from any person other than a
13wholesaler holding a license under this chapter for the sale of fermented malt
14beverages. Any person who violates this subsection may be fined not more than
15$10,000 or imprisoned for not more than 9 months or both.
SB40-CSA1,1142,21 16(10) (a) 1. "Brand" means any word, name, group of letters, symbols, or
17combination thereof, including the name of the brewer or brewpub if the brewer's or
18brewpub's
name is also a significant part of the product name, adopted and used by
19a brewer or brewpub to identify a specific fermented malt beverage product and to
20distinguish that product from other fermented malt beverages produced by that
21brewer or brewpub or other brewers or brewpubs.
SB40-CSA1,1143,222 2. "Discontinued brand" means, with respect to a terminated wholesaler, any
23brand of fermented malt beverages for which a brewer, brewpub, brewer's agent,
24brewpub's agent, or holder of an out-of-state shipper's permit has terminated,

1cancelled, or failed to renew an agreement, whether oral or written, with the
2wholesaler to supply that brand.
SB40-CSA1,1143,93 3. "Successor wholesaler" means any wholesaler who enters into an agreement,
4whether oral or written, to obtain a supply of a brand of fermented malt beverages
5from a brewer, brewpub, brewer's agent, brewpub's agent, or holder of an
6out-of-state shipper's permit after the brewer, brewpub, brewer's agent, brewpub's
7agent,
or holder of an out-of-state shipper's permit has terminated, cancelled, or
8failed to renew an agreement, whether oral or written, with a terminated wholesaler
9to supply that same brand of fermented malt beverages.
SB40-CSA1,1143,1310 4. "Terminated wholesaler" means a wholesaler with whom a brewer, brewpub,
11brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit has
12terminated, cancelled, or failed to renew an agreement, whether oral or written, to
13supply a brand of fermented malt beverages to that wholesaler.
SB40-CSA1,1144,614 (b) Except as provided in par. (c) and subject to pars. (d) and (e), a successor
15wholesaler shall compensate a terminated wholesaler for the fair market value of the
16terminated wholesaler's distribution rights to any discontinued brand of fermented
17malt beverages assumed by the successor wholesaler for the same territory, less any
18amount paid to the terminated wholesaler by the brewer, brewpub, brewer's agent,
19brewpub's agent, or holder of an out-of-state shipper's permit for the discontinued
20brand. If the terminated wholesaler's distribution rights to any discontinued brand
21of fermented malt beverages are divided among 2 or more successor wholesalers,
22each successor wholesaler shall compensate the terminated wholesaler for the fair
23market value of the distribution rights to any discontinued brand of fermented malt
24beverages assumed by that successor wholesaler for the applicable part of the same
25territory, less any amount paid to the terminated wholesaler by the brewer, brewpub,

1brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit for the
2discontinued brand. A terminated wholesaler may not receive under this paragraph
3total compensation from the successor wholesaler and brewer, brewpub, brewer's
4agent, brewpub's agent, or holder of an out-of-state shipper's permit that exceeds
5the fair market value of the terminated wholesaler's distribution rights specified
6under this paragraph.
SB40-CSA1,1144,117 (c) 1. The wholesaler or a principal of the wholesaler engaged in material
8fraudulent conduct or made substantial misrepresentations in its dealings with the
9brewer, brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state
10shipper's permit or with others regarding any brand of the brewer, brewpub,
11brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit.
SB40-CSA1,1144,1612 3. The wholesaler or a principal of the wholesaler knowingly distributed any
13brand of the brewer, brewpub, brewer's agent, brewpub's agent, or holder of an
14out-of-state shipper's permit outside the territory authorized by the brewer,
15brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state shipper's
16permit for distribution of the brand.
SB40-CSA1,1144,22 17(11) Source of fermented malt beverages. (a) Subject to s. 125.34 (3), no
18wholesaler who holds a retail license issued under this chapter may sell a brand of
19fermented malt beverages to another retail licensee unless the wholesaler has an
20agreement for general wholesale distribution of that brand of fermented malt
21beverages with the brewer, brewpub, brewer's agent , brewpub's agent, or holder of
22an out-of-state shipper's permit supplying that brand.
SB40-CSA1,1145,523 (b) If a wholesaler who holds a retail license issued under this chapter violates
24par. (a), any other wholesaler aggrieved by such violation or the brewer or brewpub
25may bring an action against such wholesaler in any court of competent jurisdiction

1for damages sustained by the aggrieved wholesaler or the brewer or brewpub as a
2consequence of the violation, together with the actual costs of the action.
3Notwithstanding s. 814.04 (1), a wholesaler or the brewer or brewpub who prevails
4in an action under this paragraph may recover reasonable actual attorney fees
5incurred in the action.
SB40-CSA1, s. 2759cLh 6Section 2759cLh. 125.34 (title), (1) (a) and (c), (2) (a), (bg) and (bm), (3) (a) 1.
7and 2., (4) (a) and (5) of the statutes are amended to read:
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