LRBb1065/1
ARG:nwn:rs
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 18,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 40
June 14, 2011 - Offered by Representatives Radcliffe, Ringhand, Bewley,
Molepske Jr and Young.
AB40-ASA1-AA18,2,310
125.28
(2) (f) Paragraphs (b) 1. b., c., and f. and 2. and (d) do not apply to a
11brewer that manufactures less than 300,000 barrels of fermented malt beverages in
1a calendar year from all locations. Such a brewer may hold a wholesaler's permit in
2the same manner that it was authorized to hold a wholesaler's license under ss.
3125.28 and 125.29 (4), 2009 stats.".
AB40-ASA1-AA18,2,6
5"(f) This subsection does not apply to a brewer that manufactures less than
6300,000 barrels of fermented malt beverages in a calendar year from all locations.".
AB40-ASA1-AA18,2,119
125.29
(7) Small brewers. (a) In this subsection, "small brewer" means a
10brewer that manufactures less than 300,000 barrels of fermented malt beverages in
11a calendar year from all locations.
AB40-ASA1-AA18,2,1312
(b) Subsections (2), (3), (3m), and (6) do not apply to a small brewer. Instead,
13the provisions of this subsection and s. 125.31 apply to a small brewer.
AB40-ASA1-AA18,2,1514
(c) Except as provided in s. 125.31, no person that holds a Class "B" license or
15permit issued under this chapter and that is a small brewer may register as a brewer.
AB40-ASA1-AA18,2,2116
(d) Subject to s. 125.34 (2), a small brewer may manufacture, possess, and store
17fermented malt beverages on the brewery premises and transport fermented malt
18beverages between the brewery premises and any depot or warehouse maintained
19by the brewer for which the brewer has a wholesaler's permit issued under s. 125.28.
20A brewer or individual representing a brewer may also provide taste samples as
21authorized under s. 125.33 (12).
AB40-ASA1-AA18,3,222
(e) A small brewer may hold a wholesaler's permit issued under s. 125.28 and
23a Class "B" license as provided under s. 125.31. The small brewer may hold the
1wholesaler's permit in the same manner that it was authorized to hold a wholesaler's
2license under ss. 125.28 and 125.29 (4), 2009 stats.
AB40-ASA1-AA18,3,43
(f) No small brewer issued a permit under this section after November 25, 2007,
4may hold a restaurant permit issued under s. 254.64.".
AB40-ASA1-AA18,3,8
8"
Section
2604gdc
. 125.31 (title) of the statutes is amended to read:
AB40-ASA1-AA18,3,9
9125.31 (title)
Multiple licenses and permits; small brewers.
AB40-ASA1-AA18,3,1612
125.31
(1) (am) 2. Notwithstanding ss. 125.29
(2) (7) (c) and 125.33 (1), a
small 13brewer may maintain and operate one place on brewery premises, and another place,
14for the sale of fermented malt beverages for which a Class "B" license is required for
15each place, but, except as provided in subd. 4., not more than 2 such Class "B"
16licenses shall be issued to any
small brewer.
AB40-ASA1-AA18,3,2217
4. Notwithstanding ss. 125.29
(2) (7) (c) and 125.33 (1), in addition to places
18authorized under subd. 2., a
small brewer may possess or hold an indirect interest
19in a Class "B" license for not more than 20 restaurants in each of which the sale of
20alcohol beverages accounts for less than 60% of the restaurant's gross receipts if no
21fermented malt beverages manufactured by the
small brewer are offered for sale in
22any of these restaurants.
AB40-ASA1-AA18,4,3
1125.31
(1) (ac) In this section, "small brewer" means a brewer that
2manufactures less than 300,000 barrels of fermented malt beverages in a calendar
3year from all locations.
AB40-ASA1-AA18,4,96
125.31
(1) (b) Notwithstanding ss. 125.29
(2) (7) (c) and 125.33 (1), a
small 7brewer may own, maintain or operate places for the sale of fermented malt beverages
8at the state fair park or on any county fairgrounds located in this state, in addition
9to places authorized under par.
(a) (am).
AB40-ASA1-AA18,4,1110
(c) Any Class "B" license necessary in connection with this subsection shall be
11issued to the
small brewer.
AB40-ASA1-AA18,4,1412
(d) Notwithstanding s. 125.33 (1), a
small brewer may own the furniture,
13fixtures, fittings, furnishings and equipment on such premises and shall pay any
14license fee or tax required for the operation of the premises.
AB40-ASA1-AA18,4,19
15(2) Subject to s. 125.34, a
small brewer may own, maintain or operate depots
16and warehouses from which sales of fermented malt beverages, not for consumption
17in or about the premises where sold, may be made in original packages to retailers
18and wholesalers. A separate wholesaler's license is required for each depot or
19warehouse owned, maintained or operated.
AB40-ASA1-AA18,4,22
20(3) Subject to ss. 125.29
(4) (7) (e) and 125.34, a brewer may sell fermented malt
21beverages in the original packages or containers, not to be consumed on the premises
22where sold:
AB40-ASA1-AA18,4,2423
(a) To retailers and wholesalers, if the brewer obtains a wholesaler's
license 24permit; or
AB40-ASA1-AA18,5,2
1(b) To persons other than licensees and permittees, if the
small brewer obtains
2a Class "A" or Class "B" license.".
AB40-ASA1-AA18,5,7
512. Page 1080, line 24: delete "
who holds a retail license issued under this
6chapter" and substitute "
who that holds a retail license issued under this chapter
or
7that is".
AB40-ASA1-AA18,5,1312
125.34
(1) (fm) "Small brewer" means a brewer that manufactures less than
13300,000 barrels of fermented malt beverages in a calendar year from all locations.".
