SB27-SSA1,1100,75
125.28
(2) (b) (intro.)
Except as provided in par. (c) and s. 125.29, beginning on
6May 5, 1994, a A wholesaler's
license permit may not be issued to any of the
7following:
SB27-SSA1, s. 2604eg
8Section 2604eg. 125.28 (2) (b) 1. b. and c. and 2. of the statutes are amended
9to read:
SB27-SSA1,1100,1110
125.28
(2) (b) 1. b. A Class "B" license issued under s. 125.26
, except as provided
11in s. 125.29 (4).
SB27-SSA1,1100,1212
c. A Class "B" permit issued under s. 125.27
, except as provided in s. 125.29 (4).
SB27-SSA1,1100,1513
2.
A Except as provided in s. 125.33 (2m), a person who has a direct or indirect
14ownership interest in a premises operating under one or more of the licenses or
15permits listed in subd. 1. a. to
e. f.
SB27-SSA1,1100,1717
125.28
(2) (b) 1. f. A brewer's permit issued under s. 125.29.
SB27-SSA1,1100,2320
125.28
(2) (d) Notwithstanding par. (b) 1. f. and 2., a wholesaler may not hold
21any ownership interest in any brewer, except a wholesaler that holds an ownership
22interest in a brewer on the effective date of this paragraph .... [LRB inserts date], may
23continue to hold that interest.
SB27-SSA1,1101,224
(e) 1. Any person holding an unexpired wholesaler's license issued under s.
25125.28, 2009 stats., prior to January 1, 2012, shall be treated as holding a valid
1wholesaler's permit under this section until January 1, 2013. On January 1, 2013,
2all wholesaler's licenses issued under s. 125.28, 2009 stats., shall be void.
SB27-SSA1,1101,73
2. After January 1, 2012, the department shall issue to each person holding an
4unexpired wholesaler's license issued under s. 125.28, 2009 stats., a wholesaler's
5permit if the person does not hold a license or permit prohibited under par. (b). The
6issuance of a wholesaler's permit by the department to any person shall invalidate
7any previous wholesaler's license issued under s. 125.28, 2009 stats., to the person.
SB27-SSA1,1101,129
125.28
(3) Wholesalers'
licenses
permits shall particularly describe the
10premises for which issued and are not transferable, except as provided in
ss. s. 125.04
11(12)
and 125.25 (2) (b) 4. A wholesaler's
license permit is subject to revocation for
12violation of any of the terms or provisions thereof.
SB27-SSA1,1101,1914
125.28
(4) The amount of the
license
permit fee shall be
determined established 15by the
municipal governing body issuing the license but department and shall be an
16amount that is sufficient to fund one special agent position dedicated to alcohol and
17tobacco enforcement at the department, but the permit fee may not exceed
$25 18$2,500 per year or fractional part thereof.
All permit fees received under this
19subsection shall be credited to the appropriation account under s. 20.566 (1) (hd).
SB27-SSA1,1102,221
125.28
(5) (a) The premises described in a permit issued under this section
22shall be capable of warehousing fermented malt beverages. Any fermented malt
23beverages sold by the wholesaler shall be physically unloaded at the premises
24described in the permit, or at any warehouse premises for which the wholesaler also
1holds a permit under this section and a permit issued under s. 125.19, prior to being
2delivered to a retail licensee or to another wholesaler.
SB27-SSA1,1102,93
(b) A wholesaler under this section shall annually sell and deliver fermented
4malt beverages to at least 25 retail licensees or other wholesalers that do not have
5any direct or indirect interest in each other or in the wholesaler. The department
6may not issue a permit under this section unless the applicant represents to the
7department an intention to satisfy this requirement, and may not renew a permit
8issued under this section unless the wholesaler demonstrates that this requirement
9has been satisfied.
SB27-SSA1,1102,1210
(c) No fermented malt beverages retail licensee or wholesaler may receive a
11benefit from a violation under par. (a) or (b) with knowledge of the circumstances
12giving rise to the violation.
SB27-SSA1,1102,1713
(d) 1. A wholesaler that violates this subsection shall be fined not more than
14$10,000. In addition, a court shall order the wholesaler to forfeit an amount equal
15to any profit gained by the wholesaler or retail licensee that violates par. (c), or by
16both, resulting from the violation, and the court shall further order that the
17wholesaler's permit be revoked.
SB27-SSA1,1102,2118
2. A court shall order a retail licensee or wholesaler that violates this
19subsection to forfeit an amount equal to any profit gained by the retail licensee or
20wholesaler resulting from the violation, and the court shall further order that the
21retail license or wholesaler's permit be revoked.
SB27-SSA1,1102,2422
3. This paragraph shall not affect the authority of any municipality or the
23department to revoke, suspend, or refuse to renew or issue a license or permit under
24s. 125.12.
SB27-SSA1,1103,9
1(e) The department shall promulgate rules to administer and enforce the
2requirements under this subsection. The rules shall ensure coordination between
3the department's issuance and renewal of permits under this section and its
4enforcement of the requirements of this subsection, and shall require that all
5applications for issuance or renewal of permits under this section be processed by
6department personnel generally familiar with activities of fermented malt beverages
7wholesalers. The department shall establish by rule minimum requirements for
8warehouse facilities on premises described in permits issued under this section and
9for periodic site inspections by the department of such warehouse facilities.
SB27-SSA1,1103,1411
125.29
(1) Permit. No person may operate as a brewer unless that person
12obtains a permit from the department.
Each wholesaler required to register under
13s. 139.09 shall obtain a permit under this subsection. A permit under this section
14may only be issued to a person who holds a valid certificate issued under s. 73.03 (50).
SB27-SSA1, s. 2604fc
15Section 2604fc. 125.29 (2) (title) of the statutes is repealed and recreated to
16read:
SB27-SSA1,1103,1717
125.29
(2) (title)
Interest restrictions.
SB27-SSA1, s. 2604fe
18Section 2604fe. 125.29 (2) of the statutes is renumbered 125.29 (2) (a) and
19amended to read:
SB27-SSA1,1103,2220
125.29
(2) (a)
Except as provided in s. 125.31, no No person holding a
Class "A"
21license, Class "B" license or permit
, or wholesaler's permit issued under this chapter
22may register as a brewer.
SB27-SSA1,1103,2524
125.29
(2) (b) 1. Except as provided in subd. 2. or 3., no brewer may hold any
25ownership interest in any wholesaler.
SB27-SSA1,1104,2
12. A brewer may hold an ownership interest of less than 50 percent in a
2wholesaler if this ownership interest will not occur for more than 3 years.
SB27-SSA1,1104,93
3. If a wholesaler that has been granted distribution rights by a brewer for a
4brand in a designated sales territory is unable to service the designated sales
5territory for any reason, including the discontinuation of the wholesaler's
6distribution rights, bankruptcy, or criminal prosecution of the wholesaler in
7connection with operation of the wholesaler, and the reason is not the result of an
8action by the brewer, then a brewer shall be allowed, for a period of not more than
9one year, to take temporary control and operation of the wholesaler.
SB27-SSA1, s. 2604fi
10Section 2604fi. 125.29 (3) of the statutes is repealed and recreated to read:
SB27-SSA1,1104,1211
125.29
(3) Authorized activities. The department shall issue brewer's permits
12to eligible applicants authorizing all of the following:
SB27-SSA1,1104,1313
(a) The manufacture of fermented malt beverages on the brewery premises.
SB27-SSA1,1104,1514
(b) The bottling, packaging, possession, and storage of fermented malt
15beverages on the brewery premises.
SB27-SSA1,1104,1716
(c) The transportation of fermented malt beverages between the brewery
17premises and any depot or warehouse maintained by the brewer.
SB27-SSA1,1104,2118
(d) The sale, shipment, transportation, and delivery, in original unopened
19packages or containers, to wholesalers, from the brewery premises, of fermented
20malt beverages that have been manufactured by the brewer on those premises or on
21other premises of the brewer.
SB27-SSA1,1104,2522
(e) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale of fermented
23malt beverages that have been manufactured on the brewery premises or on other
24premises of the brewer for on-premise consumption by individuals at the brewery
25premises or an off-site retail outlet established by the brewer.
SB27-SSA1,1105,5
1(f) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale to individuals
2of fermented malt beverages, in original unopened packages or containers, that have
3been manufactured on the brewery premises or on other premises of the brewer for
4off-premise consumption by individuals, if the sale occurs at the brewery premises
5or at an off-site retail outlet established by the brewer.
SB27-SSA1,1105,126
(g) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale of fermented
7malt beverages, for on-premise consumption or for off-premise consumption in
8original unopened packages or containers, that have been manufactured on another
9brewery premises in this state if the fermented malt beverages have been purchased
10by the brewer from a wholesaler holding a permit under s. 125.28 or from another
11brewery located in this state that manufactures 300,000 or less barrels of beer in a
12calendar year.
SB27-SSA1,1105,1813
(h) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale of intoxicating
14liquor, for on-premise consumption by individuals at the brewery premises or an
15off-site retail outlet established by the brewer, if the brewer held, on June 1, 2011,
16a license or permit authorizing the retail sale of intoxicating liquor and if the
17intoxicating liquor has been purchased by the brewer from a wholesaler holding a
18permit under s. 125.54.
SB27-SSA1,1105,2019
(i) The provision of free taste samples on the brewery premises, at an off-site
20retail outlet established by the brewer, or as authorized under s. 125.33 (12).
SB27-SSA1,1105,2321
(j) The ownership, maintenance, or operation of places for the sale of fermented
22malt beverages at the state fair park or on any county fairgrounds located in this
23state.
SB27-SSA1,1106,2
1125.29
(3m) Sales to retailers. (a) Except as provided in pars. (b) and (c), no
2brewer may sell fermented malt beverages to a retail licensee.
SB27-SSA1,1106,83
(b) A brewer that manufactures 300,000 or less barrels of fermented malt
4beverages in a calendar year from all locations may sell, ship, transport and deliver
5to retailers, from the brewery premises, fermented malt beverages, in original
6unopened packages or containers, that have been manufactured on the brewery
7premises, if the brewer complies with the requirements in ss. 125.33 and 125.34, as
8applicable, to the same extent as if the brewer were a wholesaler.
SB27-SSA1,1106,169
(c) If a wholesaler that has been granted distribution rights by a brewer for a
10brand in a designated sales territory is unable to service the designated sale territory
11for any reason, including the discontinuation of the wholesaler's distribution rights,
12bankruptcy, or criminal prosecution of the wholesaler in connection with operation
13of the wholesaler, and the reason is not the result of an action by the brewer, then a
14brewer shall be allowed, for a period of not more than one year, to sell or ship any
15brand of fermented malt beverages to retailers located in the wholesaler's designated
16sales territory.
SB27-SSA1, s. 2604fo
18Section 2604fo. 125.29 (6) of the statutes is repealed and recreated to read:
SB27-SSA1,1106,2519
125.29
(6) Restaurants. A brewer may operate a restaurant on the brewery
20premises and at an off-site retail outlet established by the brewer. A brewer may not
21hold a restaurant permit for the operation of a restaurant at any other location except
22that a brewer may possess or hold an indirect interest in a Class "B" license for not
23more than 20 restaurants in each of which the sale of alcohol beverages accounts for
24less than 60 percent of the restaurant's gross receipts if no fermented malt beverages
25manufactured by the brewer are offered for sale in any of these restaurants.
SB27-SSA1,1107,22
125.295
(2) (a) 6. c. A wholesaler's
license permit issued under s. 125.28.
SB27-SSA1,1107,154
125.30
(1) The department shall issue out-of-state shippers' permits which,
5except as provided in
s. 125.34 (6) (c) sub. (4), authorize the permittee to ship
6fermented malt beverages only to holders of a wholesaler's
license permit issued
7under s. 125.28. Except with respect to any shipment from a warehouse in an
8adjoining state by a wholesaler issued a wholesale
license permit under s. 125.28 (1)
9(b), no person may receive fermented malt beverages in this state which have been
10directly shipped from outside this state by any person other than the holder of a
11permit issued under this section. Subject to s. 125.34 (2)
and (6) (c), all shipments
12of fermented malt beverages to a wholesaler of fermented malt beverages in this
13state, whether shipped to the wholesaler from inside this state or from outside this
14state, shall be unloaded in
, physically at rest in, and
only then distributed from the
15wholesaler's warehouse in this state.
SB27-SSA1,1108,317
125.30
(3) Out-of-state shippers' permits may be issued only to a person who
18holds a valid certificate issued under s. 73.03 (50)
and
, who is qualified under s.
19125.04 (5)
, who does not maintain an office or street address in this state, and who
20is the primary source of supply for the brand of fermented malt beverages. An
21out-of-state shipper's permit may not be issued to a person determined by the
22department to be primarily engaged in wholesale or retail sales in another state.
23Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state shippers'
24permits are not required to be residents of this state. Notwithstanding s. 125.04 (5)
25(a) 5., a person is not required to complete a responsible beverage server training
1course to be qualified for a permit under this section. Notwithstanding s. 125.04 (6),
2corporations or limited liability companies obtaining out-of-state shippers' permits
3are not required to appoint agents.
SB27-SSA1,1108,125
125.30
(4) An out-of-state brewer that manufactures 300,000 barrels or less
6of fermented malt beverages in a calendar year from all locations and that holds an
7out-of-state shipper's permit may sell and ship fermented malt beverages directly
8to retail licensees if the out-of-state brewer registers with the department, files
9whatever periodic reports with the department as the department may require, and
10complies with the requirements in ss. 125.33 and 125.34, as applicable, to the same
11extent as if the out-of-state brewer were a wholesaler holding a permit under s.
12125.28.
SB27-SSA1,1108,1915
125.32
(3) (c) Hotels and restaurants the principal business of which is the
16furnishing of food and lodging to patrons, bowling centers,
movie theaters, indoor
17horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may
18remain open for the conduct of their regular business but may not sell fermented
19malt beverages during the hours specified in par. (a).
SB27-SSA1,1108,2121
125.32
(3m) (h) A movie theater.
SB27-SSA1,1109,623
125.33
(1) (a) Except as provided in this section and
ss. s. 125.295
and 125.31,
24no brewer, brewpub, or wholesaler may furnish, give, lend, lease, or sell any
25furniture, fixtures, fittings, equipment, money, or other thing of value to any campus
1or Class "B" licensee or permittee, or to any person for the use, benefit, or relief of any
2campus or Class "B" licensee or permittee, or guarantee the repayment of any loan
3or the fulfillment of any financial obligation of any campus or Class "B" licensee or
4permittee. Such actions may not be taken by the brewer, brewpub, or wholesaler
5directly or indirectly, or through a subsidiary or affiliate corporation or limited
6liability company, or by any officer, director, stockholder, partner, or member thereof.
SB27-SSA1,1109,108
125.33
(7) (a) 1. a. Receive, purchase, or acquire fermented malt beverages from
9any
licensee, or wholesale permittee or from any brewpub acting under authority of
10s. 125.295 (1) (g), except for cash or credit for a period of not more than 15 days.
SB27-SSA1,1109,1612
125.33
(7) (a) 1. b. Receive, purchase, or acquire fermented malt beverages from
13any
licensee or wholesale permittee, or from any brewpub acting under authority of
14s. 125.295 (1) (g), if at the time of the receipt, purchase, or acquisition he or she is
15indebted to any
licensee, wholesale permittee
, or brewpub for fermented malt
16beverages received, purchased, acquired, or delivered more than 15 days earlier.
SB27-SSA1,1109,2518
125.33
(7) (c)
Wholesalers and brewpubs holding retail licenses and permits
19Brewpubs. For purposes of this subsection, a person holding both a fermented malt
20beverage wholesale license and a fermented malt beverage retail license is deemed
21a fermented malt beverage retailer. For purposes of this subsection, a brewpub,
22when acting under authority of a retail license with respect to fermented malt
23beverages not manufactured by the brewpub, is deemed a fermented malt beverages
24retailer. This paragraph does not affect any provision of this subsection with respect
25to a brewpub acting under authority of s. 125.295 (1) (g).
SB27-SSA1,1110,82
125.33
(9) Campuses and retailers to purchase from wholesalers. Except as
3provided in
s. ss. 125.29 (3m) (b) and (c), 125.295 (1) (g),
and 125.30 (4), no campus
4or retail licensee or permittee may purchase or possess fermented malt beverages
5purchased from any person other than a wholesaler holding a
license permit under
6this chapter for the sale of fermented malt beverages. Any person who violates this
7subsection may be fined not more than $10,000 or imprisoned for not more than 9
8months or both.
SB27-SSA1,1110,2110
125.33
(10) (a) 3. "Successor wholesaler" means any wholesaler who enters into
11an agreement, whether oral or written, to obtain a supply of a brand of fermented
12malt beverages
that is a discontinued brand, or otherwise acquires the right to act
13as a wholesaler for a discontinued brand, from a brewer, brewpub, brewer's agent,
14brewpub's agent, or holder of an out-of-state shipper's permit
after the brewer,
15brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state shipper's
16permit has terminated, cancelled, or failed to renew an agreement, whether oral or
17written, with a terminated wholesaler to supply that same brand of fermented malt
18beverages for purposes of selling the discontinued brand in a specifically defined
19territory, if the discontinued brand was sold by a terminated wholesaler in any
20portion of this same territory at a time immediately before the brand of fermented
21malt beverages became a discontinued brand.
SB27-SSA1,1111,423
125.33
(11) Source of fermented malt beverages. (a) Subject to s. 125.34 (3),
24no wholesaler
who holds a retail license issued under this chapter authorized to
25make retail sales under s. 125.28 (1) (e) may sell a brand of fermented malt beverages
1to
another a retail licensee unless the wholesaler has an agreement for general
2wholesale distribution of that brand of fermented malt beverages with the brewer,
3brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state shipper's
4permit supplying that brand.
SB27-SSA1,1111,125
(b) If a wholesaler
who holds a retail license issued under this chapter violates
6par. (a), any other wholesaler aggrieved by such violation or the brewer or brewpub
7may bring an action against such wholesaler in any court of competent jurisdiction
8for damages sustained by the aggrieved wholesaler or the brewer or brewpub as a
9consequence of the violation, together with the actual costs of the action.
10Notwithstanding s. 814.04 (1), a wholesaler or the brewer or brewpub who prevails
11in an action under this paragraph may recover reasonable actual attorney fees
12incurred in the action.
SB27-SSA1,1112,414
125.33
(12) Providing taste samples on Class "A" premises. Notwithstanding
15s. 125.34 (6)
(a), with the consent of the Class "A" licensee, a brewer may provide, free
16of charge, on Class "A" premises, taste samples of fermented malt beverages to any
17person who has attained the legal drinking age for consumption on the premises
18during hours in which the Class "A" licensee is authorized under s. 125.25 (1) to
19provide taste samples or, if more restrictive, only during hours established by
20ordinance by a municipality under s. 125.32 (3) (d). The provision of taste samples
21under this subsection shall be subject to the same limitations that apply to taste
22samples provided by a Class "A" licensee under s. 125.25 (1). No brewer may provide
23as taste samples under this subsection any fermented malt beverages that the
24brewer did not purchase from the Class "A" licensee on whose premises the taste
25samples are provided. A brewer may provide taste samples under this subsection
1through an individual representing the brewer who is hired by the brewer and who
2is not employed by or an agent of a wholesaler
other than, if the brewer holds a
3wholesale license, the brewer. All provisions of this subsection that apply to a brewer
4apply equally to any individual representing a brewer.
SB27-SSA1,1112,146
125.33
(13) Wholesalers' source of supply. No wholesaler may purchase
7fermented malt beverages for resale unless the wholesaler purchases them either
8from the primary source of supply for the brand of fermented malt beverages sought
9to be sold or from a wholesaler within this state that holds a permit issued under s.
10125.28. No wholesaler may sell fermented malt beverages purchased by the
11wholesaler to any other licensee or permittee under this chapter if the fermented
12malt beverages have not been purchased by the wholesaler from the primary source
13of supply or from a wholesaler within the state holding a permit issued under s.
14125.28.
SB27-SSA1,1112,1816
125.34
(1) (g) "Wholesaler" means a
licensee permittee under s. 125.28
and
17includes a brewer or out-of-state shipper that holds a wholesaler's license under s.
18125.28.
SB27-SSA1, s. 2604hk
19Section 2604hk. 125.34 (2) (a) of the statutes is renumbered 125.34 (2) and
20amended to read: