AB947: Bill Text

LRB-0284/3

PEN:kmg:arm

1997 - 1998 LEGISLATURE

1997 Assembly BILL 947

March 24, 1998 - Introduced by Representative Baldwin. Referred to Joint survey committee on Tax Exemptions.

AB947,1,7 An Act to renumber 125.035 (2); to amend 125.035 (4) (a), 125.26 (2) (a), 125.29 (4) and 125.32 (3) (d); and to create 125.035 (2) (b), 125.26 (2) (c), 125.28 (2) (b) 1. e., 125.29 (5), 125.295, 125.32 (3) (cm), 125.55 (1) (c) and 139.04 (10) of the statutes; relating to: creating a permit that authorizes the furnishing of ingredients and equipment to be used to manufacture fermented malt beverages on the permittee's premises, authorizing certain combinations of alcohol beverage permits, and creating an occupational tax exemption.

Analysis by the Legislative Reference Bureau

Current law prohibits any person from brewing fermented malt beverages (beer) for sale or transport, and from possessing and storing beer on the premises where brewed unless that person holds a brewer's permit issued by the department of revenue. However, no permit is required for a person to brew, possess or store beer at home for personal consumption if the person receives no compensation. Also under current law, no person in charge of a public place may allow the consumption of beer on the premises unless that person holds a retail license or permit authorizing the consumption.

This bill creates a permit that authorizes the permittee to furnish ingredients and equipment for use on the permittee's premises by a customer of legal drinking age to brew beer for consumption on or off the premises where brewed (brew-on-premises permit). The bill limits the volume of beer that any customer may brew in a year, prohibits the sale of such beer, prohibits the permittee from physically assisting the customer with the brewing and specifies the hours of operation of the premises. The bill also exempts beer that is brewed by the customer on the permittee's premises from the state occupational tax on brewing.

Also under current law, with certain exceptions, a person is immune from civil liability arising from the act of procuring beer for or selling, dispensing or giving away beer to another person. The bill grants civil immunity to a permittee for liability for any injury or property damage caused by a person who consumes beer on the premises where brewed. This civil immunity does not apply to a person who knowingly allows the consumption of beer on premises under that person's control by a person who has not attained the legal drinking age.

The bill also authorizes a person who holds a brew-on-premises permit to brew beer for sale to be consumed on the premises where brewed and prohibits such a person from selling such beer at wholesale.

This bill will be referred to the joint survey committee on tax exemptions for a detailed analysis, which will be printed as an appendix to this bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB947, s. 1 Section 1. 125.035 (2) of the statutes is renumbered 125.035 (2) (a).

AB947, s. 2 Section 2. 125.035 (2) (b) of the statutes is created to read:

AB947,2,6 125.035 (2) (b) A person holding a permit issued under s. 125.295, and any agent or employe of such a permittee, is immune from civil liability arising out of the consumption of fermented malt beverages by another person on premises described in the permit if the fermented malt beverages were brewed on the premises.

AB947, s. 3 Section 3. 125.035 (4) (a) of the statutes is amended to read:

AB947,3,2 125.035 (4) (a) In this subsection, "provider" means a person, including a licensee or permittee, who procures alcohol beverages for or sells, dispenses or gives away alcohol beverages to an underage person in violation of s. 125.07 (1) (a), or who allows the consumption of alcohol beverages by an underage person in violation of s. 125.07 (1) (a) on premises that are described in a permit issued under s. 125.295 and that are under that person's control.

AB947, s. 4 Section 4. 125.26 (2) (a) of the statutes is amended to read:

AB947,3,12 125.26 (2) (a) Class "B" licenses may be issued to any person qualified under s. 125.04 (5). Such licenses may not be issued to any person acting as agent for or in the employ of another except that this restriction does not apply to a hotel or restaurant which is not a part of or located on the premises of any mercantile establishment, or to a bona fide club, society or lodge that has been in existence for at least 6 months before the date of application. A Class "B" license for a hotel, restaurant, club, society or lodge may be issued in the name of an officer who shall be personally responsible for compliance with this chapter. A Class "B" license may be issued to a person who holds a brew-on-premises permit issued under s. 125.295.

AB947, s. 5 Section 5. 125.26 (2) (c) of the statutes is created to read:

AB947,3,17 125.26 (2) (c) Notwithstanding s. 125.33 (1) (a), a Class "B" license may be issued to any person who holds a brew-on-premises permit. A Class "B" license issued under this paragraph shall cover only those premises described in the brew-on-premises permit.

AB947, s. 6 Section 6. 125.28 (2) (b) 1. e. of the statutes is created to read:

AB947,3,19 125.28 (2) (b) 1. e. A brew-on-premises permit issued under s. 125.295.

AB947, s. 7 Section 7. 125.29 (4) of the statutes is amended to read:

AB947,3,24 125.29 (4) Multiple licenses. Notwithstanding ss. 125.26 (2) and 125.28 (2), a brewer may hold a wholesaler's license issued under s. 125.28 and, a Class "B" license as provided under s. 125.31 and, if the brewer does not hold a wholesaler's license, a brew-on-premises permit issued under s. 125.295.

AB947, s. 8 Section 8. 125.29 (5) of the statutes is created to read:

AB947,4,3 125.29 (5) Exception. For purposes of this section, a person who brews fermented malt beverages on premises described in a brew-on-premises permit is not considered to be a brewer.

AB947, s. 9 Section 9. 125.295 of the statutes is created to read:

AB947,4,11 125.295 Brew-on-premises permits. (1) The department shall issue brew-on-premises permits which authorize the permittee to provide ingredients and equipment for use by a person who has attained the legal drinking age to manufacture fermented malt beverages on the premises. A brew-on-premises permit may be issued only to a person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a person acting as an agent for or in the employ of another.

AB947,4,13 (2) (a) No permittee or agent or employe of a permittee may physically assist in the manufacture, bottling or transport of the fermented malt beverages.

AB947,4,18 (b) No person may manufacture more than 100 gallons or, if 2 or more persons of legal drinking age reside in that person's household, 200 gallons of fermented malt beverages in any year on premises described in a permit issued under this section. No person may sell fermented malt beverages manufactured on premises distributed in a permit issued under this section.

AB947,4,22 (3) Notwithstanding s. 125.09 (1), a person in charge of premises described in a permit issued under this section may allow a person who has attained the legal drinking age to consume fermented malt beverages on the premises if the fermented malt beverages were manufactured on the premises.

AB947, s. 10 Section 10. 125.32 (3) (cm) of the statutes is created to read:

AB947,5,2 125.32 (3) (cm) Notwithstanding pars. (a) and (b) and s. 125.68 (4), no premises for which a brew-on-premises permit is issued may remain open between the hours of 10 p.m. and 11 a.m. on Monday to Friday. On Saturday and Sunday, the closing hours shall be between 10 p.m. and 9 a.m.

AB947, s. 11 Section 11. 125.32 (3) (d) of the statutes is amended to read:

AB947,5,6 125.32 (3) (d) A municipality may, by ordinance, impose more restrictive hours than those provided in par. (am) or, (b) or (cm), but may not impose different hours than those provided in par. (a) or (c).

AB947, s. 12 Section 12. 125.55 (1) (c) of the statutes is created to read:

AB947,5,8 125.55 (1) (c) A combination brew-on-premises and brewer's permit.

AB947, s. 13 Section 13. 139.04 (10) of the statutes is created to read:

AB947,5,13 139.04 (10) The removal for consumption of fermented malt beverages manufactured on premises described in a permit issued under s. 125.295. This subsection does not apply to fermented malt beverages that are manufactured under a brewer's permit issued under s. 125.29 and removed for resale.

AB947,5,14 (End)