SB268-SA2,95,1410 5. Section 125.04 (12) (a) does not apply to a manufacturer's or rectifier's
11full-service retail outlet. Upon notice to the division, a manufacturer or rectifier may
12relocate any full-service retail outlet to a new location within this state once per
13calendar year, except that one full-service retail outlet of a manufacturer or rectifier
14may be relocated without limitation on frequency in each calendar year.
SB268-SA2,95,20 15(5) Closing hours. (a) On a manufacturer's or rectifier's premises, no person
16may sell alcohol beverages at retail for on-premises consumption, provide taste
17samples of alcohol beverages, or consume alcohol beverages during the closing hours
18applicable to a Class “B" licensee under s. 125.32 (3) (a). A full-service retail outlet
19under sub. (4) shall be subject to the same closing hours applicable to a Class “B"
20licensee under s. 125.32 (3) (a).
SB268-SA2,95,2521 (b) On a manufacturer's or rectifier's premises and at a full-service retail
22outlet, no person may sell alcohol beverages at retail for off-premises consumption
23during the hours in which a Class “B” licensee in the municipality where the
24manufacturing or rectifying premises or retail outlet is located may not make retail
25sales under s. 125.32 (3) (am) and (d).
SB268-SA2,96,3
1(c) No member of the public or invited guests may be present on a
2manufacturer's or rectifier's premises during the closing hours applicable to a Class
3“B" licensee under s. 125.32 (3) (a).
SB268-SA2,96,64 (d) Activities authorized under a manufacturer's or rectifier's permit related
5to the production, shipment, transportation, or delivery of alcohol beverages may
6occur at any time.
SB268-SA2,26fr 7Section 26fr. 125.52 (7) of the statutes is repealed.
SB268-SA2,26fs 8Section 26fs. 125.53 (1) of the statutes is renumbered 125.53 (1) (a) (intro.)
9and amended to read:
SB268-SA2,96,1210 125.53 (1) (a) (intro.) The department division shall issue only to a
11manufacturing winery in this state that holds a valid certificate issued under s. 73.03
12(50) a winery permit authorizing the permittee to engage in the following activities:
SB268-SA2,96,15 131. The manufacture and bottling of wine on the premises covered by the permit
14for sale, in original unopened packages or containers, to wholesalers holding a
15permit under s. 125.54. A winery permit also authorizes the permittee to, on
SB268-SA2,96,21 162. On the winery premises and without obtaining a rectifier's permit, possess
17possessing intoxicating liquor and mix or blend mixing or blending intoxicating
18liquor to produce wine sold to wholesalers holding a permit under s. 125.54. A winery
19holding a permit under this section may offer on the premises
, manufacturers or
20rectifiers holding a permit under s. 125.52, and wineries holding a permit under this
21section.
SB268-SA2,97,7 227. The provision of free taste samples of wine manufactured on the premises
23to persons who have attained the legal drinking age. A permittee under this section
24may also have either one “Class A" license or one “Class B" license, but not both. The
25“Class A" license or “Class B" license may either be issued for the winery premises

1or for real estate owned or leased by the winery. If a “Class A" or “Class B" liquor
2license has also been issued to the winery, the winery may provide wine
3manufactured, mixed, or blended on the winery premises directly to the “Class A" or
4“Class B" premises and may offer the taste samples on the “Class A" or “Class B"
5premises
on the winery premises or at the winery's full-service retail outlet if the
6taste samples are of alcohol beverages the winery is authorized to sell under sub. (3)
7(c), or as authorized under s. 125.69 (9)
.
SB268-SA2,97,11 8(b) A winery holding a permit under this section may also make retail sales of
9wine,
and provide taste samples of wine, on county or district fair fairgrounds as
10provided in s. 125.51 (10), but this wine sold at retail or provided as taste samples
11shall be purchased from a wholesaler holding a permit under s. 125.54.
SB268-SA2,26ft 12Section 26ft. 125.53 (1) (a) 3., 4., 5. and 6. of the statutes are created to read:
SB268-SA2,97,1513 125.53 (1) (a) 3. The sale or transfer, in bulk or in any state of packaging, of wine
14to wineries holding a permit under this section and to manufacturers and rectifiers
15holding a permit under s. 125.52, from the winery premises.
SB268-SA2,97,1916 4. The sale, shipment, transportation, and delivery of wine, in bulk or in any
17state of packaging, that has been manufactured by the winery to another winery
18holding a permit under this section or a manufacturer or rectifier holding a permit
19under s. 125.52.
SB268-SA2,97,2320 5. The receipt of intoxicating liquor from another winery holding a permit
21under this section or a manufacturer or rectifier holding a permit under s. 125.52,
22in bulk or in any state of packaging, for purposes of further manufacturing, bottling,
23or storage.
SB268-SA2,98,3
16. The transportation of wine between the winery premises and any depot,
2warehouse, or full-service retail outlet maintained by the winery or other premises
3for which the winery holds a permit under this chapter.
SB268-SA2,26fu 4Section 26fu. 125.53 (3) and (4) of the statutes are created to read:
SB268-SA2,98,85 125.53 (3) (a) 1. Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to
6subd. 3., a winery may make retail sales, on the winery premises, of wine that has
7been manufactured or bottled by the winery on the winery premises or on other
8premises of the winery, for on-premises or off-premises consumption.
SB268-SA2,98,139 2. Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to subd. 3., if a
10winery manufactured or bottled, on all winery premises operated by the winery in
11this state, a cumulative total of at least 1,000 gallons of wine in any one of the 3
12preceding calendar years, the winery may engage in full-service retail sales on the
13winery premises.
SB268-SA2,98,1814 3. If a winery held a “Class B” license immediately preceding the effective date
15of this subdivision .... [LRB inserts date], for a location other than the winery
16premises, that location shall be considered the winery premises for purposes of the
17retail sales authorization under subds. 1. and 2. and that location shall be in addition
18to any retail sales locations authorized under par. (b).
SB268-SA2,99,219 (b) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to pars. (d) and
20(g), if a winery manufactured or bottled, on all winery premises operated by the
21winery in this state, a cumulative total of at least 1,000 gallons of wine in any one
22of the 3 preceding calendar years, the winery may engage in full-service retail sales
23at off-site locations identified in the winery permit. Subject to pars. (f) and (g), the
24number of retail sales locations a winery is allowed in addition to the winery
25premises is determined by the cumulative volume of wine the winery manufactured

1or bottled on all winery premises operated by the winery in this state in any one of
2the 3 preceding calendar years, as follows:
SB268-SA2,99,53 1. If the winery's cumulative volume in a year was at least 1,000 gallons of wine
4but less than 5,000 gallons of wine, the winery may establish one full-service retail
5outlet.
SB268-SA2,99,86 2. If the winery's cumulative volume in a year was at least 5,000 gallons of wine
7but less than 25,000 gallons of wine, the winery may establish not more than 2
8full-service retail outlets.
SB268-SA2,99,109 3. If the winery's cumulative volume in a year was at least 25,000 gallons of
10wine, the winery may establish not more than 3 full-service retail outlets.
SB268-SA2,99,1711 (c) 1. Except as provided in subd. 2. and par. (f), a winery may make full-service
12retail sales of alcohol beverages on the winery premises and at any of its full-service
13retail outlets only if the alcohol beverages were purchased by the winery from a
14wholesaler holding a permit under s. 125.28 or 125.54, from a brewer authorized to
15make sales to retailers under s. 125.29 (3m), from a brewpub authorized to make
16sales to retailers under s. 125.295 (1) (g), or from a permittee under s. 125.30
17authorized to make sales to retailers under s. 125.30 (4).
SB268-SA2,99,2018 2. A winery is not required to purchase from another permittee wine
19manufactured or bottled by the winery that the winery sells at retail on the winery
20premises or at a full-service retail outlet of the winery.
SB268-SA2,99,2321 3. Subject to subd. 2. and par. (f), a winery engaged in full-service retail sales
22on winery premises or at a full-service retail outlet of the winery is subject to ss.
23125.33 (9) and 125.69 (6) to the same extent as if the winery were a retail licensee.
SB268-SA2,99,2524 (d) 1. A winery may not commence sales of alcohol beverages at a full-service
25retail outlet unless, prior to commencing such sales, the winery receives approval

1from the municipality in which the full-service retail outlet is located and from the
2division as provided in par. (g).
SB268-SA2,100,93 2. Subject to par. (f), a municipality may limit the scope of alcohol beverages
4offered for sale at a full-service retail outlet only with respect to alcohol beverages
5that are not of the same type as those produced by the person holding the winery
6permit. A municipality may not limit the sale, at a full-service retail outlet, of
7alcohol beverages produced by the person holding the winery permit. If a
8municipality limits the scope of alcohol beverages offered for sale, the provision of
9taste samples is limited to those alcohol beverages authorized to be sold.
SB268-SA2,100,1410 3. Except as provided in subd. 2., a municipality's approval under subd. 1. shall
11be based on the same standards and criteria that the municipality has established
12by ordinance for the evaluation and approval of retail license applications. A
13municipality may not impose any requirement or restriction in connection with the
14approval under subd. 1. that the municipality does not impose on retail licensees.
SB268-SA2,100,1615 (e) 1. A winery may operate a restaurant at any full-service retail outlet under
16this subsection and on the winery premises.
SB268-SA2,100,2017 2. If the winery operates a restaurant as provided in subd. 1., the winery may
18make retail sales of wine in an opened original bottle, in a quantity not to exceed one
19bottle, for consumption both at the restaurant and away from the restaurant if all
20of the following apply:
SB268-SA2,100,2121 a. The purchaser of the wine orders food to be consumed at the restaurant.
SB268-SA2,100,2322 b. The winery provides a dated receipt that identifies the purchase of the food
23and the bottle of wine.
SB268-SA2,101,424 c. Prior to the opened, partially consumed bottle of wine being taken away from
25the restaurant, the winery securely reinserts the cork into the bottle to the point

1where the top of the cork is even with the top of the bottle, or securely reattaches the
2original cap to the bottle, and the cork is reinserted or the cap is reattached at a time
3other than during the hours in which the winery is prohibited under sub. (4) (b) from
4making retail sales for off-premises consumption.
SB268-SA2,101,155 (f) 1. If a winery may establish one or more full-service retail outlets under
6pars. (b) and (g) and the winery also holds a manufacturer's or rectifier's permit or
7brewer's permit or both and, as such, may establish full-service retail outlets under
8s. 125.29 (7) (b) and (g) or 125.52 (4) (b) and (g), the aggregate number of full-service
9retail outlets that may be established is the maximum number authorized under par.
10(b), under s. 125.29 (7) (b), or under s. 125.52 (4) (b), whichever is greatest, but not
11exceeding 3 full-service retail outlets. Under these circumstances, each authorized
12full-service retail outlet shall serve as the full-service retail outlet associated with
13each applicable permit, regardless of whether the permittee would otherwise be
14entitled to fewer full-service retail outlets when calculated under par. (b) or s. 125.29
15(7) (b) or 125.52 (4) (b).
SB268-SA2,101,2416 2. If a winery may engage in full-service retail sales on the winery premises
17as provided in par. (a) 2. and the winery also holds a brewer's permit or
18manufacturer's or rectifier's permit or both, the winery may make retail sales on the
19winery premises of fermented malt beverages produced under its brewer's permit or
20intoxicating liquor produced under its manufacturer's or rectifier's permit without
21first purchasing the fermented malt beverages or intoxicating liquor from a
22wholesaler holding a permit under s. 125.28 or 125.54 or receiving the fermented
23malt beverages under authorization of s. 125.29 (3m) (b), 125.295 (1) (g), or 125.30
24(4).
SB268-SA2,102,4
13. If a person holds more than one winery permit under this section, the retail
2sales authority under this subsection for winery premises applies with respect to
3each winery permit, but the limit on full-service retail outlets is an aggregate
4maximum, regardless of the number of winery permits held.
SB268-SA2,102,75 (g) 1. An application for a winery permit, including an application for an
6amendment to the winery permit, shall specify each full-service retail outlet of the
7winery and particularly describe the premises of the full-service retail outlet.
SB268-SA2,102,148 2. The division shall establish a process for approval of a winery's full-service
9retail outlet and for revocation of this approval. The division shall approve a winery's
10full-service retail outlet, and may not revoke this approval, unless the winery has
11violated a provision of this chapter related to full-service retail outlets. The
12division's failure to approve, or revocation of approval of, a full-service retail outlet
13described in a winery's application or permit does not affect any other full-service
14retail outlet or the winery premises as described in the application or permit.
SB268-SA2,102,1815 3. If the division approves a full-service retail outlet, the winery permit, as
16initially issued or as amended, shall particularly describe the premises constituting
17the full-service retail outlet, which shall be considered part of the premises under
18the winery permit.
SB268-SA2,102,2119 4. If the division approves a full-service retail outlet, the agent appointed
20under s. 125.04 (6) for the winery permit shall also serve as the agent for the
21full-service retail outlet.
SB268-SA2,103,222 5. Section 125.04 (12) (a) does not apply to a winery's full-service retail outlet.
23Upon notice to the division, a winery may relocate any full-service retail outlet to a
24new location within this state once per calendar year, except that one full-service

1retail outlet of a winery may be relocated without limitation on frequency in each
2calendar year.
SB268-SA2,103,7 3(4) (a) On winery premises, no person may sell alcohol beverages at retail for
4on-premises consumption, provide taste samples of alcohol beverages, or consume
5alcohol beverages during the closing hours applicable to a Class “B" licensee under
6s. 125.32 (3) (a). A full-service retail outlet under sub. (3) shall be subject to the same
7closing hours applicable to a Class “B" licensee under s. 125.32 (3) (a).
SB268-SA2,103,118 (b) On winery premises and at a full-service retail outlet, no person may sell
9alcohol beverages at retail for off-premises consumption during the hours in which
10a Class “B” licensee in the municipality where the winery or retail outlet is located
11may not make retail sales under s. 125.32 (3) (am) and (d).
SB268-SA2,103,1412 (c) No member of the public or invited guests may be present on winery
13premises during the closing hours applicable to a Class “B" licensee under s. 125.32
14(3) (a).
SB268-SA2,103,1615 (d) Activities authorized under a winery permit related to the production,
16shipment, transportation, or delivery of alcohol beverages may occur at any time.
SB268-SA2,26fv 17Section 26fv. 125.535 (1) of the statutes is amended to read:
SB268-SA2,103,2218 125.535 (1) Authorized activities. The department division shall issue direct
19wine shippers' permits authorizing the permittee to ship wine manufactured or
20bottled by the permittee
directly to an individual in this state who is of the legal
21drinking age, who acknowledges receipt of the wine shipped, and who is not
22intoxicated at the time of delivery.
SB268-SA2,26fw 23Section 26fw. 125.535 (2) of the statutes is amended to read:
SB268-SA2,104,224 125.535 (2) Annual permit fee. The department division may, by rule,
25establish an annual fee, not to exceed $100, for each permit issued under this section.

1All fees collected under this subsection shall be credited to the appropriation account
2under s. 20.566 (1) (ha).
SB268-SA2,26fx 3Section 26fx. 125.535 (3) (b) 2. of the statutes is amended to read:
SB268-SA2,104,84 125.535 (3) (b) 2. The winery submits to the department division, with any
5initial application or renewal for a certificate under s. 73.03 (50) or a permit under
6par. (a) 3. or 4., a copy of any current license, permit, or authorization issued to the
7winery by the state from which the winery will ship wine into this state or the
8winery's federal basic permit.
SB268-SA2,26fy 9Section 26fy. 125.535 (3) (b) 3. of the statutes is created to read:
SB268-SA2,104,1010 125.535 (3) (b) 3. The winery satisfies all requirements under par. (d).
SB268-SA2,26fz 11Section 26fz. 125.535 (3) (c) of the statutes is amended to read:
SB268-SA2,104,2312 125.535 (3) (c) Notwithstanding s. 125.04 (5) (a), natural persons obtaining
13direct wine shippers' permits are not required to be residents of this state.
14Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a
15responsible beverage server training course to be eligible for a permit under this
16section. Corporations and limited liability companies obtaining direct wine shippers'
17permits are subject to s. 125.04 (6) and any other person, including any natural
18person or cooperative, obtaining a direct wine shipper's permit shall appoint an
19agent, and be subject to all provisions of s. 125.04 (6), in the same manner applicable
20to corporations and limited liability companies.
Notwithstanding s. 125.04 (5) (a) 2.
21and (c), an agent appointed under s. 125.04 (6) by a corporation or limited liability
22company obtaining a direct wine shipper's permit is not required to be a resident of
23this state.
SB268-SA2,26gb 24Section 26gb. 125.535 (3) (d) and (e) of the statutes are created to read:
SB268-SA2,105,11
1125.535 (3) (d) 1. Unless the permittee or agent of the permittee appointed
2under s. 125.04 (6) is a resident of this state, or unless the permittee maintains a
3registered agent in this state under s. 180.0501, 180.1507, 183.0105, or 183.1007, a
4permittee under this section shall appoint and continually engage the services of an
5agent in this state to act as agent for the service of process on whom all processes,
6and any action or proceeding against the permittee concerning or arising out of the
7enforcement of any provision of this chapter or ch. 139, may be served in any manner
8authorized by law. That service shall constitute legal and valid service of process on
9the permittee. The permittee shall provide to the division, in the form and manner
10prescribed by the division, the name, address, phone number, and proof of the
11appointment and availability of the agent.
SB268-SA2,105,1812 2. The permittee shall provide notice to the division 30 calendar days before
13termination of the authority of an agent under subd. 1. and shall provide proof to the
14satisfaction of the division of the appointment of a new agent no less than 5 calendar
15days before the termination of an existing agent appointment. In the event an agent
16terminates an agency appointment, the permittee shall notify the division of that
17termination within 5 calendar days and shall include proof to the satisfaction of the
18division of the appointment of a new agent.
SB268-SA2,105,2319 3. If a permittee fails to maintain an agent in this state after a permit is issued
20under this section, the permittee is considered to have appointed the department of
21financial institutions as the permittee's agent, and the permittee may be proceeded
22against in courts of this state by service of process upon the department of financial
23institutions.
SB268-SA2,105,2524 (e) The application for a permit under this section shall include a provision that
25the permittee agrees to do all of the following:
SB268-SA2,106,2
11. File reports, provide records, and allow inspections and examinations to the
2extent provided in s. 125.025 and ch. 139.
SB268-SA2,106,43 2. Pay the expenses reasonably attributable to inspections and examinations
4made by the division at any premises of the permittee located outside this state.
SB268-SA2,106,65 3. Accept service of process and consent to jurisdiction in any proceeding in this
6state to enforce the provisions of this chapter or ch. 139.
SB268-SA2,26gc 7Section 26gc. 125.535 (7) of the statutes is created to read:
SB268-SA2,106,108 125.535 (7) Shipments through fulfillment house; common carriers. (a) A
9permittee under this section may arrange with a fulfillment house to ship wine on
10the permittee's behalf only if the fulfillment house holds a permit under s. 125.23.
SB268-SA2,106,1211 (b) All containers of wine shipped directly to an individual in this state shall
12be shipped using a common carrier holding a permit issued under s. 125.22.
SB268-SA2,26gd 13Section 26gd. 125.54 (1) of the statutes is amended to read:
SB268-SA2,106,2014 125.54 (1) Authorized activities. The department division shall issue
15wholesalers' permits authorizing the permittee to sell, from the premises described
16in the permit, intoxicating liquor at wholesale to retailers and wholesalers, as well
17as to manufacturers, rectifiers, and wineries for production purposes. The permittee
18may not sell intoxicating liquor for consumption on the premises. Possession of a
19permit under this section does not authorize the permittee to sell tax-free
20intoxicating liquor and wine brought into this state under s. 139.03 (5).
SB268-SA2,26ge 21Section 26ge. 125.54 (3) of the statutes is amended to read:
SB268-SA2,106,2522 125.54 (3) Taste samples on “ Class A" retail premises. Wholesalers holding
23a permit issued under this section, employees of such wholesalers, and individuals
24representing such wholesalers may not assist or participate in providing taste
25samples under s. 125.06 (13) (a) or 125.51 (2) (am) or 125.69 (9).
SB268-SA2,26gf
1Section 26gf. 125.54 (5) of the statutes is amended to read:
SB268-SA2,107,72 125.54 (5) Sales area. No wholesaler may sell any intoxicating liquor before
3filing with the department division a written statement that the permittee is a
4distributor of a particular brand in this state, or an area of this state, and that the
5sales of that brand by the permittee and anyone purchasing from the permittee will
6be limited to the area specified. The permittee shall notify the department division
7of any change in the area within 7 days of the effective date of the change.
SB268-SA2,26gg 8Section 26gg. 125.54 (6) of the statutes is amended to read:
SB268-SA2,107,139 125.54 (6) Multiple permits. Not more than 2 Multiple wholesalers' permits
10may be issued to any one person. In each application for a wholesaler's permit, the
11applicant shall state that whether application has not been made for more than one
12any other wholesaler's permit and shall identify any other wholesaler's permit held
13by the applicant
.
SB268-SA2,26gh 14Section 26gh. 125.54 (7) (a) 2. of the statutes is amended to read:
SB268-SA2,107,2115 125.54 (7) (a) 2. A permittee under this section shall annually sell and deliver
16intoxicating liquor to at least 10 retail licensees or permittees that do not have any
17direct or indirect
an interest in each other or in the permittee under this section. The
18department division shall not issue a permit under this section unless the applicant
19represents to the department division an intention to satisfy this requirement, and
20shall not renew a permit issued under this section unless the permittee
21demonstrates that this requirement has been satisfied.
SB268-SA2,26gi 22Section 26gi. 125.54 (7) (c) 3. of the statutes is amended to read:
SB268-SA2,107,2523 125.54 (7) (c) 3. This paragraph shall not affect the authority of any
24municipality or the department division to revoke, suspend, or refuse to renew or
25issue a license or permit under s. 125.12.
SB268-SA2,26gj
1Section 26gj. 125.54 (7) (d) of the statutes is amended to read:
SB268-SA2,108,112 125.54 (7) (d) The department division shall promulgate rules to administer
3and enforce the requirements under this subsection. The rules shall ensure
4coordination between the department's division's issuance and renewal of permits
5under this section and its enforcement of the requirements of this subsection, and
6shall require that all applications for issuance or renewal of permits under this
7section be processed by department division personnel generally familiar with
8activities of intoxicating liquor wholesalers. The department division shall establish
9by rule minimum requirements for warehouse facilities on premises described in
10permits issued under this section and for periodic site inspections by the department
11division of such warehouse facilities.
SB268-SA2,26gk 12Section 26gk. 125.545 (title) of the statutes is amended to read:
SB268-SA2,108,13 13125.545 (title) Small winery cooperative wholesalers.
SB268-SA2,26gm 14Section 26gm. 125.545 (1) (a) of the statutes is amended to read:
SB268-SA2,108,1815 125.545 (1) (a) “Member" means a small winery or small manufacturer that
16meets the requirements established under this section for membership in a
17cooperative wholesaler and that has been qualified and accepted for membership in
18a cooperative wholesaler.
SB268-SA2,26gn 19Section 26gn. 125.545 (1) (ar) of the statutes is created to read:
SB268-SA2,108,2120 125.545 (1) (ar) “Out-of-state manufacturer" means a manufacturer or
21rectifier of intoxicating liquor that is located in a state other than this state.
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