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.
SB268-SA2,26go 22Section 26go. 125.545 (1) (cm) of the statutes is created to read:
SB268-SA2,108,2523 125.545 (1) (cm) “Small manufacturer" means any manufacturer or rectifier
24that produces and bottles less than 50,000 gallons of intoxicating liquor other than
25wine in a calendar year.
SB268-SA2,26gp
1Section 26gp. 125.545 (1) (d) of the statutes is amended to read:
SB268-SA2,109,32 125.545 (1) (d) “Small winery" means any winery that produces and bottles less
3than 25,000 50,000 gallons of wine in a calendar year.
SB268-SA2,26gq 4Section 26gq. 125.545 (1) (e) of the statutes is amended to read:
SB268-SA2,109,65 125.545 (1) (e) “Small winery cooperative wholesaler" or “cooperative
6wholesaler" means an entity established under this section.
SB268-SA2,26gr 7Section 26gr. 125.545 (1) (em) of the statutes is created to read:
SB268-SA2,109,98 125.545 (1) (em) “Wisconsin manufacturer" means a manufacturer or rectifier
9operating under a permit issued under s. 125.52.
SB268-SA2,26gs 10Section 26gs. 125.545 (2) (a) 1. of the statutes is amended to read:
SB268-SA2,109,1811 125.545 (2) (a) 1. A cooperative wholesaler may only be created as provided
12under s. 185.043 (2) and this section. Each cooperative wholesaler operating under
13authority of this section shall be organized under ch. 185 but shall be subject to the
14limitations on such cooperatives imposed by this section. Subject to subd. subds. 3.
15and 4., only small wineries and small manufacturers may be members of a
16cooperative wholesaler. The principal purpose of a cooperative wholesaler shall be
17to sell and distribute wine intoxicating liquor manufactured, blended, or mixed, and
18also bottled, by its members.
SB268-SA2,26gt 19Section 26gt. 125.545 (2) (a) 3. b. of the statutes is amended to read:
SB268-SA2,109,2120 125.545 (2) (a) 3. b. The small winery is certified by the department division
21under sub. (6) (a) as a small winery.
SB268-SA2,26gu 22Section 26gu. 125.545 (2) (a) 4. of the statutes is created to read:
SB268-SA2,109,2523 125.545 (2) (a) 4. A small manufacturer may become a member of a cooperative
24wholesaler only if the small manufacturer is certified by the division under sub. (6)
25(a) as a small manufacturer.
SB268-SA2,26gv
1Section 26gv. 125.545 (2) (b) of the statutes is amended to read:
SB268-SA2,110,82 125.545 (2) (b) In addition to the requirements specified in s. 185.31 for the
3board of directors of a cooperative wholesaler, a director representing a member that
4is a Wisconsin winery or Wisconsin manufacturer shall be either an owner or an
5employee of that Wisconsin winery or Wisconsin manufacturer. If any out-of-state
6winery or out-of-state manufacturer is a member of the cooperative wholesaler, at
7least one director shall be either an owner or an employee of an out-of-state winery
8or out-of-state manufacturer that is a member of the cooperative wholesaler.
SB268-SA2,26gw 9Section 26gw. 125.545 (2) (c) of the statutes is amended to read:
SB268-SA2,110,1510 125.545 (2) (c) Notwithstanding any provision of ch. 185, a cooperative
11wholesaler may not employ any owner or employee of a member. However, an
12individual that is an owner or an employee of a member may act as a volunteer to
13assist that cooperative wholesaler in the sale and distribution of wine intoxicating
14liquor
to retailers and other wholesalers in the manner authorized under this
15section.
SB268-SA2,26gx 16Section 26gx. 125.545 (3) (a) 1. of the statutes is amended to read:
SB268-SA2,110,2417 125.545 (3) (a) 1. Within 7 days after filing its articles of incorporation under
18ch. 185, a cooperative wholesaler shall apply to the department division for a
19wholesaler's permit under s. 125.54. The provisions of s. 125.04 (5) (c) and (6) shall
20apply to a cooperative wholesaler as if the cooperative wholesaler were a corporation
21or a limited liability company and, for each of these provisions, the department
22division shall determine whether the cooperative wholesaler is most similar to a
23corporation or a limited liability company in the context of that provision and apply
24that provision to the cooperative wholesaler accordingly.
SB268-SA2,26hb 25Section 26hb. 125.545 (3) (a) 2. of the statutes is amended to read:
SB268-SA2,111,7
1125.545 (3) (a) 2. Notwithstanding s. 125.54 (6), the department division may
2issue not more than one wholesaler's permit to any cooperative wholesaler. The
3department division may not issue more than a total of 6 wholesalers' permits to
4cooperative wholesalers in this state. The department division may not issue any
5new wholesaler's permit to a cooperative wholesaler after December 31, 2008, but
6may renew wholesalers' permits that were initially issued to cooperative wholesalers
7prior to that date.
SB268-SA2,26hc 8Section 26hc. 125.545 (3) (a) 2. of the statutes, as affected by 2023 Wisconsin
9Act .... (this act), is amended to read:
SB268-SA2,111,1610 125.545 (3) (a) 2. Notwithstanding s. 125.54 (6), the division may issue not
11more than one wholesaler's permit to any cooperative wholesaler. The division may
12not issue more than a total of 6 wholesalers' permits to cooperative wholesalers in
13this state. The Except as provided in subd. 2m., the division may not issue any new
14wholesaler's permit to a cooperative wholesaler after December 31, 2008, but may
15renew wholesalers' permits that were initially issued to cooperative wholesalers
16prior to that date.
SB268-SA2,26hd 17Section 26hd. 125.545 (3) (a) 2m. of the statutes is created to read:
SB268-SA2,111,2518 125.545 (3) (a) 2m. The division may issue new wholesalers' permits to
19cooperative wholesalers after the effective date of this subdivision .... [LRB inserts
20date], but not later than the first day of the 7th month beginning after the effective
21date of this subdivision .... [LRB inserts date], and may renew wholesalers' permits
22that were initially issued to cooperative wholesalers during this period. The division
23may not issue new wholesalers' permits under this subdivision that cause the total
24number of wholesalers' permits issued to cooperative wholesalers in this state to
25exceed 6.
SB268-SA2,26he
1Section 26he. 125.545 (3) (b) of the statutes is amended to read:
SB268-SA2,112,62 125.545 (3) (b) 1. Notwithstanding s. 125.54 (1), and except as provided in subd.
33., a cooperative wholesaler issued a wholesaler's permit under par. (a) is authorized
4to sell and distribute only wine intoxicating liquor. Except as provided in subd. 3.,
5a cooperative wholesaler may not sell or distribute any alcohol beverages, or any
6other product, except wine intoxicating liquor.
SB268-SA2,112,147 2. A cooperative wholesaler shall purchase on consignment wine intoxicating
8liquor
from its members to be resold to retailers and other wholesalers.
9Notwithstanding s. 125.69 (5), a cooperative wholesaler may not purchase wine
10intoxicating liquor from any person other than a member. A cooperative wholesaler
11may not resell or distribute wine intoxicating liquor unless it has been purchased on
12consignment
from a member. Notwithstanding s. 125.54 (1), a cooperative
13wholesaler may not sell or distribute wine intoxicating liquor except to a retailer or
14to a wholesaler holding a permit under s. 125.54.
SB268-SA2,112,2115 3. A cooperative wholesaler may purchase ancillary wine industry trade goods
16such as bottles, corks, and other supplies used by wineries or manufacturers in the
17bottling and sale of wine intoxicating liquor if such trade goods do not include any
18alcohol beverages. Any wine industry trade goods purchased by a cooperative
19wholesaler under this subdivision may be offered for resale to the cooperative
20wholesaler's members or to any winery or manufacturer that was formerly a member
21of the cooperative wholesaler.
SB268-SA2,113,222 4. A cooperative wholesaler shall work with all of its members on evenhanded
23terms. Any preferential treatment by a cooperative wholesaler for the benefit of a
24member that is a Wisconsin winery or Wisconsin manufacturer, and any

1discrimination against a member that is an out-of-state winery or out-of-state
2manufacturer
, is prohibited.
SB268-SA2,26hf 3Section 26hf. 125.545 (3) (c) of the statutes is amended to read:
SB268-SA2,113,94 125.545 (3) (c) Neither a cooperative wholesaler nor its members are subject
5to any restriction on dealings under s. 125.69 (1) between wholesalers and wineries
6or manufacturers. Except as provided in s. 125.54 (7) (e) and as otherwise provided
7in this section, all provisions of this chapter and ch. 139 that apply to a wholesaler
8issued a permit under s. 125.54 also apply to a cooperative wholesaler issued a permit
9under s. 125.54.
SB268-SA2,26hg 10Section 26hg. 125.545 (4) of the statutes is amended to read:
SB268-SA2,113,1511 125.545 (4) Exclusive distribution. A member of a cooperative wholesaler
12may make its wine intoxicating liquor available for purchase by a retailer or another
13wholesaler only through the cooperative wholesaler of which it is a member. A
14member of a cooperative wholesaler may not sell its wine intoxicating liquor directly
15to any other wholesaler or directly to a retailer.
SB268-SA2,26hi 16Section 26hi. 125.545 (5) of the statutes is amended to read:
SB268-SA2,113,2117 125.545 (5) Biennial reports. With each application for renewal of a
18wholesaler's permit issued to a cooperative wholesaler, each cooperative wholesaler
19shall file with the department division, in the form and manner prescribed by the
20department division by rule, a biennial report that includes detailed information on
21its members, board of directors, and sale and distribution activities.
SB268-SA2,26hj 22Section 26hj. 125.545 (6) (title) and (a) 1. and 2. of the statutes are amended
23to read:
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