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:
SB40-CSA1,1145,16
8125.34 (title)
Distribution restrictions on wholesalers, brewers,
9brewpubs, and out-of-state shippers. (1) (a) "Brand" means any word, name,
10group of letters, symbol, or combination thereof, including the name of the brewer
,
11brewpub, or out-of-state shipper if the brewer's
, brewpub's, or out-of-state
12shipper's name is also a significant part of the product name, adopted and used by
13a brewer
, brewpub, or out-of-state shipper to identify a specific fermented malt
14beverage product and to distinguish that product from other fermented malt
15beverages produced by that brewer
, brewpub, or out-of-state shipper or other
16brewers
, brewpubs, or out-of-state shippers.
SB40-CSA1,1145,2117
(c) "Designated sales territory" means the geographical area identified in a
18written agreement between a wholesaler and a brewer
, brewpub, or out-of-state
19shipper under which the wholesaler is authorized to distribute one or more brands
20of fermented malt beverages supplied by the brewer
, brewpub, or out-of-state
21shipper.
SB40-CSA1,1146,8
22(2) (a)
No Except as provided in sub. (6) (b) and s. 125.295 (1) (e) and (g), no 23fermented malt beverages may be sold, transported, or delivered to a retailer unless,
24prior to such sale, transport, or delivery, the fermented malt beverages are first
25unloaded at and distributed from a wholesaler's warehouse premises covered by both
1a wholesaler's license issued under s. 125.28 and an alcohol beverage warehouse
2permit issued under s. 125.19, which premises shall be in this state and shall be a
3physically separate location from any retail premises or brewery premises. This
4paragraph does not apply to a wholesaler issued a wholesaler's license under s.
5125.28 (1) (b) with respect to fermented malt beverages transported and delivered
6from a warehouse in an adjoining state unless the wholesaler's warehouse in the
7adjoining state is located on premises in the adjoining state used for the manufacture
8of fermented malt beverages.
SB40-CSA1,1146,139
(bg) Notwithstanding par. (a), a brewer that, together with
the fermented malt
10beverages manufactured during the same year by all producers identified in s.
11125.31 (1) (a) 1. a. to e. its brewer group, manufactures not more than 50,000 barrels
12of fermented malt beverages in a calendar year in any location may be issued a
13wholesaler's license for wholesale premises located on brewery premises.
SB40-CSA1,1146,2314
(bm) Notwithstanding par. (a), a brewer that, together with
the fermented malt
15beverages manufactured during the same year by all producers identified in s.
16125.31 (1) (a) 1. a. to e. its brewer group, manufactures more than 50,000 barrels of
17fermented malt beverages in a calendar year in any location may be issued a
18wholesaler's license for wholesale premises located on brewery premises but may not
19sell or ship more than a total of 1,000 barrels of fermented malt beverages in any
20calendar year to retailers from these wholesale premises. Fermented malt beverages
21provided by a brewer to any retail premises for which the brewer holds the retail
22license shall not be included in any calculation of the 1,000 barrel limitation under
23this paragraph.
SB40-CSA1,1147,4
24(3) (a) 1. Subject to subd. 3., a wholesaler may not sell, transport, or deliver any
25brand of fermented malt beverages unless the wholesaler has entered into a written
1agreement with the brewer
, brewpub, or out-of-state shipper supplying the brand
2that grants to the wholesaler distribution rights for the brand and identifies the
3designated sales territory for which such distribution rights are granted, including
4the precise geographical area comprising the designated sales territory.
SB40-CSA1,1147,85
2. A brewer
, brewpub, or out-of-state shipper may not, in any agreement under
6this paragraph, grant to more than one wholesaler distribution rights for the same
7brand in the same designated sales territory or in any part of the same designated
8sales territory.
SB40-CSA1,1147,20
9(4) (a) Any retailer located outside the wholesaler's designated sales territory
10for the brand. This paragraph does not apply if another wholesaler that has been
11granted distribution rights for the brand in the designated sales territory where the
12sale, transportation, or delivery occurs is unable to service this designated sales
13territory and the brewer
, brewpub, or out-of-state shipper granting distribution
14rights has, notwithstanding sub. (3) (a), given consent for the sale, transportation,
15or delivery, which consent shall be limited to the time period that another wholesaler
16is unable to service this designated sales territory. This paragraph does not apply if
17the wholesaler is also a brewer and another wholesaler to whom this brewer has
18granted distribution rights for the brand in the designated sales territory where the
19sale, transportation, or delivery occurs has, notwithstanding sub. (3) (a), given
20consent for the sale, transportation, or delivery or refused to service this territory.
SB40-CSA1,1148,2
21(5) Deliveries Except as provided in sub. (6) (b) and s. 125.295 (1) (e) and (g),
22deliveries of fermented malt beverages to retailers may be made only by wholesalers
23and shall be made to retailers only at their retail premises. No retailer may transport
24fermented malt beverages from one retail premises to another retail premises for
1purposes of selling the fermented malt beverages at the other retail premises unless
2both retail premises are operated by a brewer
or brewpub holding the retail licenses.
SB40-CSA1,1148,174
125.51
(2) (am) In addition to the authorization under par. (a), a "Class A"
5license also authorizes the licensee to provide, free of charge, to customers and
6visitors who have attained the legal drinking age, taste samples of intoxicating
7liquor, other than wine, that are not in original packages or containers and that do
8not exceed 0.5 fluid ounces each, for consumption on the "Class A" premises. No
9"Class A" licensee may provide, under this paragraph, more than 3 taste samples per
10day to any one person. Taste samples may be provided under this paragraph only
11between the hours of 11 a.m. and 7 p.m. Any other provision of this chapter
12applicable to retail sales of intoxicating liquor, other than wine, by a "Class A"
13licensee also applies to the provision of taste samples under this paragraph. No
14"Class A" license may provide taste samples under this paragraph that the "Class A"
15licensee did not purchase from a wholesaler. The authorization provided to a "Class
16A" licensee under this paragraph is in addition to the exception for a "Class A"
17licensee specified in s. 125.06 (13).
SB40-CSA1,1149,919
125.51
(3) (bu) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
20addition to the authorization specified in sub. (1) (a) and in sub. (3) (a) or (b), a "Class
21B" license issued under sub. (1) to a caterer also authorizes the caterer to provide
22intoxicating liquor, including its retail sale, at the National Railroad Museum in
23Green Bay during special events held at this museum. Notwithstanding subs. (1) (a)
24and (3) (a) and (b), a caterer may provide intoxicating liquor under this paragraph
25at any location at the National Railroad Museum even though the National Railroad
1Museum is not part of the caterer's licensed premises, as described under par. (d) in
2the caterer's "Class B" license, and even if the National Railroad Museum is not
3located within the municipality that issued the caterer's "Class B" license. A caterer
4that provides intoxicating liquor under this paragraph is subject to s. 125.68 (2) as
5if the intoxicating liquor were provided on the caterer's "Class B" licensed premises.
6This paragraph does not authorize the National Railroad Museum to sell
7intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of
8retail sale. This paragraph does not apply if, at any time, the National Railroad
9Museum holds a "Class B" license.
SB40-CSA1,1149,1311
125.51
(6) Face-to-face retail sales. Except as provided in sub. (3) (bm) and
12(bs) and except with respect to caterers, a retail license issued under this section
13authorizes only face-to-face sales to consumers at the licensed premises.
SB40-CSA1,1150,215
125.52
(1) Authorized activities. The department shall issue manufacturers'
16and rectifiers' permits which authorize the manufacture or rectification,
17respectively, of intoxicating liquor on the premises covered by the permit. A person
18holding a manufacturer's or rectifier's permit may manufacture
, and bottle
or
19wholesale wine, pursuant to the terms of the permit, without procuring a winery
20permit. A manufacturer's or rectifier's permit entitles the permittee to sell
21intoxicating liquor
to wholesalers holding a permit under s. 125.54, and to other
22manufacturers and rectifiers holding a permit under this section, from the premises
23described in the permit.
Holders of rectifiers' permits may sell intoxicating liquor
24rectified by the permittee to retailers without any other permit. No sales may be
25made for consumption on the premises of the permittee. Possession of a permit under
1this section does not authorize the permittee to sell tax-free intoxicating liquor and
2wines brought into this state under s. 139.03 (5).
SB40-CSA1,1150,64
125.52
(4) Providing taste samples. A manufacturer or rectifier, or an
5individual representing a manufacturer or rectifier, may provide taste samples on
6"Class A" premises as authorized under s. 125.69 (8).
SB40-CSA1,1150,1910
125.53
(1) The department shall issue only to a manufacturing winery in this
11state that holds a valid certificate issued under s. 73.03 (50) a winery permit
12authorizing the manufacture and bottling of wine on the premises covered by the
13permit for sale
at wholesale to other licensees or permittees to wholesalers holding
14a permit under s. 125.54. A
permittee winery holding a permit under this section
15may offer on the premises taste samples of wine manufactured on the premises to
16persons who have attained the legal drinking age. A permittee under this section
17may also have either a "Class A" or "Class B" license, but not both. If a "Class A" or
18"Class B" liquor license has also been issued to the winery, the winery may offer the
19taste samples on the "Class A" or "Class B" premises.
SB40-CSA1,1151,2
22125.535 Direct wine shippers' permits.
(1) Authorized activities. The
23department shall issue direct wine shippers' permits authorizing the permittee to
24ship wine directly to an individual in this state who is of the legal drinking age, who
1acknowledges receipt of the wine shipped, and who is not intoxicated at the time of
2delivery.
SB40-CSA1,1151,4
3(2) Annual permit fee. The department shall charge the following annual fee
4for each permit issued under this section:
SB40-CSA1,1151,65
(a) For a permittee that ships more than 90 liters of wine annually to
6individuals in this state, $100.
SB40-CSA1,1151,87
(b) For a permittee that ships not less than 27 liters nor more than 90 liters of
8wine annually to individuals in this state, $50.
SB40-CSA1,1151,109
(c) For a permittee that ships less than 27 liters of wine annually to individuals
10in this state, $10.
SB40-CSA1,1151,13
11(3) Persons eligible. (a) A direct wine shipper's permit may be issued under
12this section to any person that manufactures and bottles wine on premises covered
13by any of the following:
SB40-CSA1,1151,1414
1. A manufacturer's or rectifier's permit under s. 125.52.
SB40-CSA1,1151,1515
2. A winery permit under s. 125.53.
SB40-CSA1,1151,1716
3. A winery license, permit, or other authorization issued to the winery by any
17state from which the winery will ship wine into this state.
SB40-CSA1,1151,1918
(b) A winery located outside of this state is eligible for a direct wine shipper's
19permit under par. (a) 3. if all of the following apply:
SB40-CSA1,1151,2120
1. The winery holds a valid business tax registration certificate issued under
21s. 73.03 (50).
SB40-CSA1,1151,2522
2. The winery submits to the department, with any initial application or
23renewal for a certificate under s. 73.03 (50) or a permit under par. (a) 3., a copy of any
24current license, permit, or authorization issued to the winery by the state from which
25the winery will ship wine into this state.
SB40-CSA1,1152,6
1(c) Notwithstanding s. 125.04 (5) (a), natural persons obtaining direct wine
2shippers' permits are not required to be residents of this state. Notwithstanding s.
3125.04 (5) (a) 5., a person is not required to complete a responsible beverage server
4training course to be eligible for a permit under this section. Notwithstanding s.
5125.04 (6), corporations or limited liability companies obtaining direct wine shippers'
6permits are not required to appoint agents.
SB40-CSA1,1152,12
7(4) Annual report required. A permittee under this section shall submit a
8report to the department, by January 31 of each year, on forms furnished by the
9department, providing the identity, quantity, and price of all products shipped to
10individuals in this state during the previous calendar year, along with the name,
11address, and birthdate of each person who purchased these products and each person
12to whom these products were shipped.
SB40-CSA1,1152,15
13(5) Labels. Containers of wine shipped to an individual in this state under this
14section shall be clearly labeled to indicate that the package may not be delivered to
15an underage person or to an intoxicated person.
SB40-CSA1,1152,17
16(6) Restrictions. No individual may resell, or use for a commercial purpose,
17wine received by the individual that is shipped under authority of this section.
SB40-CSA1,1152,24
18(7) Annual limit. No individual in this state may receive more than 108 liters
19of wine annually shipped under authority of the section. Each individual shall be
20responsible for compliance with this annual limit. An individual who violates this
21annual limit is subject to a warning issued by the department for the individual's
22first violation and a $500 fine for each violation by the individual that occurs after
23a warning has been issued by the department. This subsection does not apply to
24purchases made under a permit issued under s. 125.61.
SB40-CSA1,1153,8
1125.54
(1) Authorized activities. The department shall issue wholesalers'
2permits authorizing the permittee to sell intoxicating liquor at wholesale from the
3premises described in the permit.
Except as provided under s. 125.69 (1) (b) 3., the 4The permittee may not sell intoxicating liquor for consumption on the premises.
If
5a wholesale permit is issued to a brewery that holds a "Class B" license, the permit
6shall authorize the wholesale sale of wine only. Possession of a permit under this
7section does not authorize the permittee to sell tax-free intoxicating liquor and wine
8brought into this state under s. 139.03 (5).
SB40-CSA1,1153,1310
125.54
(4) Taste sampling prohibited. Wholesalers holding a permit under this
11section, employees of such wholesalers, and individuals representing such
12wholesalers may not provide or participate in providing taste samples under ss.
13125.51 (2) (am) and 125.69 (8).
SB40-CSA1, s. 2759kg
14Section 2759kg. 125.55 (1) (intro.) and (a) of the statutes are consolidated,
15renumbered 125.55 (1) and amended to read:
SB40-CSA1,1153,1716
125.55
(1) The department may issue
the following combination permits: (a)
17A a combination manufacturer's and rectifier's permit.
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125.55
(2) A combination manufacturer's and wholesaler's permit may not be
21issued.
A combination rectifier's and wholesaler's permit may not be issued.
SB40-CSA1,1154,1523
125.58
(1) The department shall issue out-of-state shippers' permits which
24authorize persons located outside this state to sell or ship intoxicating liquor into this
25state. Except as provided under sub. (4), intoxicating liquor may be shipped into this
1state only to a person holding a
manufacturer's, rectifier's, wholesaler's
, industrial
2alcohol or medicinal alcohol permit
under s. 125.54 or, if shipped from a
3manufacturer or rectifier in another state holding a permit under this section, to a
4person holding a manufacturer's or rectifier's permit under s. 125.52. Except as
5provided under sub. (4), a separate out-of-state shipper's permit is required for each
6location from which any intoxicating liquor is sold or shipped into this state,
7including the location from which the invoices are issued for the sales or shipments.
8Any person holding an out-of-state shipper's permit issued under this section may
9solicit orders for sales or shipments by the permittee without obtaining the sales
10solicitation permit required by s. 125.65, but every agent, salesperson or other
11representative who solicits orders for sales or shipments by an out-of-state shipper
12shall first obtain a permit for soliciting orders under s. 125.65. No holder of an
13out-of-state shipper's permit issued under this section may sell intoxicating liquor
14in this state or ship intoxicating liquor into this state unless the out-of-state shipper
15is the primary source of supply for that intoxicating liquor.
SB40-CSA1, s. 2759L
16Section 2759L. 125.58 (4) (a) (intro.) of the statutes is renumbered 125.58 (4)
17and amended to read: