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.".
AB40-ASA1-AA18,5,21
20"
Section 2604hn. 125.34 (2) (bg), (bm) and (c) of the statutes are amended to
21read:
AB40-ASA1-AA18,6,222
125.34
(2) (bg) Notwithstanding par. (a), a
small brewer that, together with its
23brewer group, manufactures not more than 50,000 barrels of fermented malt
1beverages in a calendar year in any location may be issued a wholesaler's
license 2permit for wholesale premises located on brewery premises.
AB40-ASA1-AA18,6,113
(bm) Notwithstanding par. (a), a
small brewer that, together with its brewer
4group, manufactures more than 50,000 barrels of fermented malt beverages in a
5calendar year in any location may be issued a wholesaler's
license permit for
6wholesale premises located on brewery premises but may not sell or ship more than
7a total of 1,000 barrels of fermented malt beverages in any calendar year to retailers
8from these wholesale premises. Fermented malt beverages provided by a
small 9brewer to any retail premises for which the
small brewer holds the retail license shall
10not be included in any calculation of the 1,000 barrel limitation under this
11paragraph.
AB40-ASA1-AA18,6,1512
(c)1. Except as provided in par. (bm) and notwithstanding par. (a), a
small 13brewer may be issued a wholesaler's license for wholesale premises located on
14brewery premises if, from these wholesale premises, the
small brewer sells or ships
15fermented malt beverages only to other wholesalers.
AB40-ASA1-AA18,6,2516
2. Notwithstanding subd. 1., a
small brewer issued a wholesaler's
license 17permit under subd. 1. may, from the wholesale premises located on brewery
18premises, sell or ship any brand of fermented malt beverages to retailers located in
19a designated sales territory for the brand if the wholesaler to which the
small brewer
20has granted distribution rights for the brand in this designated sales territory is
21unable to service the designated sales territory for any reason, including because of
22discontinuance of the wholesaler's distribution rights. A
small brewer may sell or
23ship fermented malt beverages to retailers under this subdivision for not more than
2412 months after the wholesaler becomes unable to service the wholesaler's
25designated sales territory.".
AB40-ASA1-AA18,7,2
2"
Section 2604hp. 125.34 (3) (a) 3. of the statutes is amended to read:
AB40-ASA1-AA18,7,83
125.34
(3) (a) 3. If the wholesaler and
the brewer or out-of-state shipper a
4small brewer specified in subd. 1. are the same person, in lieu of the written
5agreement specified in subd. 1., the wholesaler and
small brewer
or out-of-state
6shipper shall maintain in writing the information specified in subd. 1. and the
7wholesaler and
small brewer
or out-of-state shipper are, in this writing, subject to
8the restriction specified in subd. 2.".
AB40-ASA1-AA18,7,2412
125.34
(4) (a) Any retailer located outside the wholesaler's designated sales
13territory for the brand. This paragraph does not apply if another wholesaler that has
14been granted distribution rights for the brand in the designated sales territory where
15the sale, transportation, or delivery occurs is unable to service this designated sales
16territory and the brewer, brewpub, or out-of-state shipper granting distribution
17rights has, notwithstanding sub. (3) (a), given consent for the sale, transportation,
18or delivery, which consent shall be limited to the time period that another wholesaler
19is unable to service this designated sales territory. This paragraph does not apply if
20the wholesaler is also a
small brewer and another wholesaler to whom this
small 21brewer has granted distribution rights for the brand in the designated sales territory
22where the sale, transportation, or delivery occurs has, notwithstanding sub. (3) (a),
23given consent for the sale, transportation, or delivery or refused to service this
24territory.".
AB40-ASA1-AA18,8,84
125.34
(6) (a) Except as provided in pars. (b) and (c) and ss. 125.06 (1)
, 125.29
5(3), (3m) (b) and (c), 125.30 (4), and 125.31 (1) and (3), a brewer or out-of-state
6shipper may sell, transport, and deliver fermented malt beverages only to a
7wholesaler, which may be
the a small brewer
or out-of-state shipper itself if, in its
8activities as a wholesaler, it complies with the requirements under subs. (2) to (5).
AB40-ASA1-AA18,8,159
(b) A
small brewer
or out-of-state shipper that holds a Class "A" license or
10Class "B" license may sell fermented malt beverages to persons other than licensees
11and permittees in accordance with the terms of the license, the provisions of s.
12125.31, and the applicable provisions of this chapter relating to retailers.
13Subsections (2) to (5) do not apply with respect to fermented malt beverages provided
14by a
small brewer to any retail premises for which the
small brewer holds the retail
15license.
AB40-ASA1-AA18,8,1916
(c) A
small brewer that holds an out-of-state shipper's permit for premises
17located in another state used for the manufacture of fermented malt beverages may
18ship fermented malt beverages from those premises to any brewery premises of the
19small brewer in this state.".
