SB224,15,2517 (L) 2. Purchase advertising from a person who does not hold a license under this
18chapter and who conducts national or regional sweepstakes, contests, or promotions
19on the premises of Class "B" licensees or permittees that sell the brewer's, brewpub's,
20or wholesaler's products. The person may promote an event or activity in connection
21with a sweepstakes, contest, or promotion, including promoting the location of the
22event or activity, if the Class "B" licensee or permittee on whose premises the event
23or activity will occur does not receive money for hosting the event or activity and,
24except as provided in subd. 4., if the advertising for the event or activity identifies
25at least 4 unaffiliated Class "B" licensees or permittees.
SB224,16,8
13. Conduct national or regional sweepstakes, contests, or promotions on the
2premises of Class "B" licensees or permittees that sell the brewer's , brewpub's, or
3wholesaler's products. The brewer, brewpub, or wholesaler may promote an event
4or activity in connection with a sweepstakes, contest, or promotion, including
5promoting the location of the event or activity, if the Class "B" licensee or permittee
6on whose premises the event or activity will occur does not receive money for hosting
7the event or activity and, except as provided in subd. 4., if the advertising for the
8event or activity identifies at least 4 unaffiliated Class "B" licensees or permittees.
SB224,16,129 4. A brewer that manufactures less than 30,000 barrels of fermented malt
10beverages annually, or a brewpub, may purchase advertising under subd. 2, and may
11promote sweepstakes, contests, or promotions through advertising under subd. 3.,
12if the advertising identifies at least one Class "B" licensee or permittee.
SB224,16,1713 (n) 2. Notwithstanding subd. 1., no brewer, brewpub, or wholesaler may
14provide business entertainment to a Class "B" licensee or permittee under subd. 1.
15in one day that has a value exceeding $500, and no brewer, brewpub, or wholesaler
16may provide business entertainment to a Class "B" licensee or permittee under subd.
171. on more than 8 days in any calendar year.
SB224,16,2518 (p) 1. Have present not more than 3 individuals representing the brewer or
19brewpub
at a fermented malt beverages tasting event that lasts 2 days or less and
20at which taste samples of fermented malt beverages brewed or sold by at least 5
21different brewers or brewpubs are offered for consumption by persons who either pay
22for the taste samples or pay a charge for admission to the event. Any individual
23representing a brewer or brewpub shall confine his or her activities on the premises
24to ensuring the integrity of, providing information about, and dispensing the
25brewer's or brewpub's fermented malt beverages.
SB224,17,4
1(2s) Exception for retail trade association contributions. Notwithstanding
2the prohibitions in sub. (1), a brewer, brewpub, or wholesaler may contribute money
3or other things of value to a bona fide national, statewide, or local trade association
4that derives its principal income from membership dues of Class "B" licensees.
SB224,17,10 5(6) Volume discounts to retailers. Wholesalers of fermented malt beverages,
6and brewpubs with respect to sales of fermented malt beverages authorized under
7s. 125.295 (1) (g),
shall charge the same price to all campuses and retail licensees and
8permittees making purchases in similar quantities. Any discount offered on
9fermented malt beverages shall be delivered to the retailer in a single transaction
10and single delivery, and on a single invoice.
SB224,17,13 11(7) (a) 1. a. Receive, purchase, or acquire fermented malt beverages from any
12licensee, or from any brewpub acting under authority of s. 125.295 (1) (g), except for
13cash or credit for a period of not more than 15 days.
SB224,17,1814 b. Receive, purchase, or acquire fermented malt beverages from any licensee
15or permittee, or from any brewpub acting under authority of s. 125.295 (1) (g), if at
16the time of the receipt, purchase, or acquisition he or she is indebted to any licensee
17or, permittee, or brewpub for fermented malt beverages received, purchased,
18acquired, or delivered more than 15 days earlier.
SB224,17,2419 (b) Restrictions on issuance of licenses and permits. No Class "A" or Class "B"
20license or permit may be issued to a person having an indebtedness for fermented
21malt beverages outstanding for more than 15 days. In each application for a Class
22"A" or Class "B" license or permit, the applicant shall state whether he or she has
23indebtedness for fermented malt beverages to any licensee or, permittee, or brewpub
24which has been outstanding for more than 15 days.
SB224,18,8
1(c) Wholesalers and brewpubs holding retail licenses and permits. For purposes
2of this subsection, a person holding both a fermented malt beverage wholesale
3license and a fermented malt beverage retail license is deemed a fermented malt
4beverage retailer. For purposes of this subsection, a brewpub, when acting under
5authority of a retail license with respect to fermented malt beverages not
6manufactured by the brewpub, is deemed a fermented malt beverages retailer. This
7paragraph does not affect any provision of this subsection with respect to a brewpub
8acting under authority of s. 125.295 (1) (g).
SB224,18,149 (d) Penalties. A retail licensee or permittee who violates this subsection is
10subject to the penalties under s. 125.11 except that he or she may not be imprisoned.
11No brewer, brewpub, or wholesaler may be subjected to any penalty as the result of
12the sale of fermented malt beverages to a campus or retail licensee or permittee when
13purchased by the campus or retail licensee or permittee in violation of this
14subsection.
SB224,18,19 15(7m) Conditional purchases. No Class "A" or Class "B" licensee may condition
16the purchase of fermented malt beverages from a brewer, brewpub, or wholesaler
17upon the furnishing by the brewer, brewpub, or wholesaler of any thing of value,
18other than the products purchased, to the licensee or to any person for the use,
19benefit, or relief of the licensee.
SB224,18,25 20(8) Exclusive sales by wholesaler. A wholesaler may not sell or offer to sell
21a brand of fermented malt beverages exclusively to one Class "A" licensee or to a
22group of Class "A" licensees affiliated through common ownership, management or
23control, unless the brand of fermented malt beverages is produced by a brewer which
24that produces less than 300,000 barrels of fermented malt beverages in a calendar
25year or by a brewpub.
SB224,19,6
1(9) Campuses and retailers to purchase from wholesalers. No Except as
2provided in s. 125.295 (1) (g), no
campus or retail licensee or permittee may purchase
3or possess fermented malt beverages purchased from any person other than a
4wholesaler holding a license under this chapter for the sale of fermented malt
5beverages. Any person who violates this subsection may be fined not more than
6$10,000 or imprisoned for not more than 9 months or both.
SB224,19,12 7(10) (a) 1. "Brand" means any word, name, group of letters, symbols, or
8combination thereof, including the name of the brewer or brewpub if the brewer's or
9brewpub's
name is also a significant part of the product name, adopted and used by
10a brewer or brewpub to identify a specific fermented malt beverage product and to
11distinguish that product from other fermented malt beverages produced by that
12brewer or brewpub or other brewers or brewpubs.
SB224,19,1713 2. "Discontinued brand" means, with respect to a terminated wholesaler, any
14brand of fermented malt beverages for which a brewer, brewpub, brewer's agent,
15brewpub's agent, or holder of an out-of-state shipper's permit has terminated,
16cancelled, or failed to renew an agreement, whether oral or written, with the
17wholesaler to supply that brand.
SB224,19,2418 3. "Successor wholesaler" means any wholesaler who enters into an agreement,
19whether oral or written, to obtain a supply of a brand of fermented malt beverages
20from a brewer, brewpub, brewer's agent, brewpub's agent, or holder of an
21out-of-state shipper's permit after the brewer, brewpub, brewer's agent, brewpub's
22agent,
or holder of an out-of-state shipper's permit has terminated, cancelled, or
23failed to renew an agreement, whether oral or written, with a terminated wholesaler
24to supply that same brand of fermented malt beverages.
SB224,20,4
14. "Terminated wholesaler" means a wholesaler with whom a brewer, brewpub,
2brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit has
3terminated, cancelled, or failed to renew an agreement, whether oral or written, to
4supply a brand of fermented malt beverages to that wholesaler.
SB224,20,225 (b) Except as provided in par. (c) and subject to pars. (d) and (e), a successor
6wholesaler shall compensate a terminated wholesaler for the fair market value of the
7terminated wholesaler's distribution rights to any discontinued brand of fermented
8malt beverages assumed by the successor wholesaler for the same territory, less any
9amount paid to the terminated wholesaler by the brewer, brewpub, brewer's agent,
10brewpub's agent, or holder of an out-of-state shipper's permit for the discontinued
11brand. If the terminated wholesaler's distribution rights to any discontinued brand
12of fermented malt beverages are divided among 2 or more successor wholesalers,
13each successor wholesaler shall compensate the terminated wholesaler for the fair
14market value of the distribution rights to any discontinued brand of fermented malt
15beverages assumed by that successor wholesaler for the applicable part of the same
16territory, less any amount paid to the terminated wholesaler by the brewer, brewpub,
17brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit for the
18discontinued brand. A terminated wholesaler may not receive under this paragraph
19total compensation from the successor wholesaler and brewer, brewpub, brewer's
20agent, brewpub's agent, or holder of an out-of-state shipper's permit that exceeds
21the fair market value of the terminated wholesaler's distribution rights specified
22under this paragraph.
SB224,21,223 (c) 1. The wholesaler or a principal of the wholesaler engaged in material
24fraudulent conduct or made substantial misrepresentations in its dealings with the
25brewer, brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state

1shipper's permit or with others regarding any brand of the brewer, brewpub,
2brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit.
SB224,21,73 3. The wholesaler or a principal of the wholesaler knowingly distributed any
4brand of the brewer, brewpub, brewer's agent, brewpub's agent, or holder of an
5out-of-state shipper's permit outside the territory authorized by the brewer,
6brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state shipper's
7permit for distribution of the brand.
SB224,21,13 8(11) Source of fermented malt beverages. (a) Subject to s. 125.34 (3), no
9wholesaler who holds a retail license issued under this chapter may sell a brand of
10fermented malt beverages to another retail licensee unless the wholesaler has an
11agreement for general wholesale distribution of that brand of fermented malt
12beverages with the brewer, brewpub, brewer's agent , brewpub's agent, or holder of
13an out-of-state shipper's permit supplying that brand.
SB224,21,2114 (b) If a wholesaler who holds a retail license issued under this chapter violates
15par. (a), any other wholesaler aggrieved by such violation or the brewer or brewpub
16may bring an action against such wholesaler in any court of competent jurisdiction
17for damages sustained by the aggrieved wholesaler or the brewer or brewpub as a
18consequence of the violation, together with the actual costs of the action.
19Notwithstanding s. 814.04 (1), a wholesaler or the brewer or brewpub who prevails
20in an action under this paragraph may recover reasonable actual attorney fees
21incurred in the action.
SB224, s. 21 22Section 21. 125.34 (title), (1) (a) and (c), (2) (a), (bg) and (bm), (3) (a) 1. and 2.,
23(4) (a) and (5) of the statutes are amended to read:
SB224,22,7 24125.34 (title) Distribution restrictions on wholesalers, brewers,
25brewpubs, and out-of-state shippers. (1) (a) "Brand" means any word, name,

1group of letters, symbol, or combination thereof, including the name of the brewer,
2brewpub,
or out-of-state shipper if the brewer's, brewpub's, or out-of-state
3shipper's name is also a significant part of the product name, adopted and used by
4a brewer, brewpub, or out-of-state shipper to identify a specific fermented malt
5beverage product and to distinguish that product from other fermented malt
6beverages produced by that brewer, brewpub, or out-of-state shipper or other
7brewers, brewpubs, or out-of-state shippers.
SB224,22,128 (c) "Designated sales territory" means the geographical area identified in a
9written agreement between a wholesaler and a brewer, brewpub, or out-of-state
10shipper under which the wholesaler is authorized to distribute one or more brands
11of fermented malt beverages supplied by the brewer, brewpub, or out-of-state
12shipper.
SB224,22,24 13(2) (a) No Except as provided in sub. (6) (b) and s. 125.295 (1) (e) and (g), no
14fermented malt beverages may be sold, transported, or delivered to a retailer unless,
15prior to such sale, transport, or delivery, the fermented malt beverages are first
16unloaded at and distributed from a wholesaler's warehouse premises covered by both
17a wholesaler's license issued under s. 125.28 and an alcohol beverage warehouse
18permit issued under s. 125.19, which premises shall be in this state and shall be a
19physically separate location from any retail premises or brewery premises. This
20paragraph does not apply to a wholesaler issued a wholesaler's license under s.
21125.28 (1) (b) with respect to fermented malt beverages transported and delivered
22from a warehouse in an adjoining state unless the wholesaler's warehouse in the
23adjoining state is located on premises in the adjoining state used for the manufacture
24of fermented malt beverages.
SB224,23,5
1(bg) Notwithstanding par. (a), a brewer that, together with the fermented malt
2beverages manufactured during the same year by all producers identified in s.
3125.31 (1) (a) 1. a. to e.
its brewer group, manufactures not more than 50,000 barrels
4of fermented malt beverages in a calendar year in any location may be issued a
5wholesaler's license for wholesale premises located on brewery premises.
SB224,23,156 (bm) Notwithstanding par. (a), a brewer that, together with the fermented malt
7beverages manufactured during the same year by all producers identified in s.
8125.31 (1) (a) 1. a. to e.
its brewer group, manufactures more than 50,000 barrels of
9fermented malt beverages in a calendar year in any location may be issued a
10wholesaler's license for wholesale premises located on brewery premises but may not
11sell or ship more than a total of 1,000 barrels of fermented malt beverages in any
12calendar year to retailers from these wholesale premises. Fermented malt beverages
13provided by a brewer to any retail premises for which the brewer holds the retail
14license shall not be included in any calculation of the 1,000 barrel limitation under
15this paragraph.
SB224,23,21 16(3) (a) 1. Subject to subd. 3., a wholesaler may not sell, transport, or deliver any
17brand of fermented malt beverages unless the wholesaler has entered into a written
18agreement with the brewer, brewpub, or out-of-state shipper supplying the brand
19that grants to the wholesaler distribution rights for the brand and identifies the
20designated sales territory for which such distribution rights are granted, including
21the precise geographical area comprising the designated sales territory.
SB224,23,2522 2. A brewer, brewpub, or out-of-state shipper may not, in any agreement under
23this paragraph, grant to more than one wholesaler distribution rights for the same
24brand in the same designated sales territory or in any part of the same designated
25sales territory.
SB224,24,12
1(4) (a) Any retailer located outside the wholesaler's designated sales territory
2for the brand. This paragraph does not apply if another wholesaler that has been
3granted distribution rights for the brand in the designated sales territory where the
4sale, transportation, or delivery occurs is unable to service this designated sales
5territory and the brewer, brewpub, or out-of-state shipper granting distribution
6rights has, notwithstanding sub. (3) (a), given consent for the sale, transportation,
7or delivery, which consent shall be limited to the time period that another wholesaler
8is unable to service this designated sales territory. This paragraph does not apply if
9the wholesaler is also a brewer and another wholesaler to whom this brewer has
10granted distribution rights for the brand in the designated sales territory where the
11sale, transportation, or delivery occurs has, notwithstanding sub. (3) (a), given
12consent for the sale, transportation, or delivery or refused to service this territory.
SB224,24,18 13(5) Deliveries Except as provided in sub. (6) (b) and s. 125.295 (1) (e) and (g),
14deliveries
of fermented malt beverages to retailers may be made only by wholesalers
15and shall be made to retailers only at their retail premises. No retailer may transport
16fermented malt beverages from one retail premises to another retail premises for
17purposes of selling the fermented malt beverages at the other retail premises unless
18both retail premises are operated by a brewer or brewpub holding the retail licenses.
SB224, s. 22 19Section 22. 125.54 (1) of the statutes is amended to read:
SB224,25,220 125.54 (1) Authorized activities. The department shall issue wholesalers'
21permits authorizing the permittee to sell intoxicating liquor at wholesale from the
22premises described in the permit. Except as provided under s. 125.69 (1) (b) 3., the
23permittee may not sell intoxicating liquor for consumption on the premises. If a
24wholesale permit is issued to a brewery brewer that holds a "Class B" license, the
25permit shall authorize the wholesale sale of wine only. Possession of a permit under

1this section does not authorize the permittee to sell tax-free intoxicating liquor and
2wine brought into this state under s. 139.03 (5).
SB224, s. 23 3Section 23. 125.69 (1) (d) of the statutes is created to read:
SB224,25,64 125.69 (1) (d) Except as provided in s. 125.295 (3) (c), no brewpub may hold any
5direct or indirect interest in any "Class B" license or permit or establishment or
6"Class C" license or establishment.
SB224, s. 24 7Section 24. 139.01 (1) and (2) of the statutes are amended to read:
SB224,25,98 139.01 (1) "Bottler" means any person other than a brewer or brewpub who
9places fermented malt beverages in bottles or similar containers.
SB224,25,12 10(2) "Brewer" means any person who manufactures fermented malt beverages
11for sale or transportation except that brewer does not include a permittee under s.
12125.295
.
SB224, s. 25 13Section 25. 139.01 (2c) and (2e) of the statutes are created to read:
SB224,25,1414 139.01 (2c) "Brewpub" means a permittee under s. 125.295.
SB224,25,16 15(2e) "Brewpub premises" means any premises covered by a permit issued
16under s. 125.295.
SB224, s. 26 17Section 26. 139.04 (2) of the statutes is amended to read:
SB224,25,2018 139.04 (2) Furnishing by a brewer or brewpub of fermented malt beverages to
19workmen employed in the brewery or brewpub for consumption on the brewery
20premises or brewpub premises without charge.
SB224, s. 27 21Section 27. 139.08 (4) of the statutes is amended to read:
SB224,26,1122 139.08 (4) Inspection for enforcement. Duly authorized employees of the
23department of justice and the department of revenue and any sheriff, police officer,
24marshal, or constable, within their respective jurisdictions, may at all reasonable
25hours enter any licensed premises, and examine the books, papers, and records of

1any brewer, brewpub, manufacturer, bottler, rectifier, wholesaler, or retailer, for the
2purpose of inspecting the same and determining whether the tax and fee imposed by
3ss. 139.01 to 139.25 have been fully paid, and may inspect and examine, according
4to law, any premises where fermented malt beverages or intoxicating liquors are
5manufactured, sold, exposed for sale, possessed, or stored, for the purpose of
6inspecting the same and determining whether the tax imposed by ss. 139.01 to
7139.25 has been fully paid, and whether ss. 139.01 to 139.25 and ch. 125 are being
8complied with. Any refusal to permit such examination of such premises is sufficient
9grounds under s. 125.12 for revocation or suspension of any license or permit granted
10for the sale of any fermented malt beverages or intoxicating liquors and is punishable
11under s. 139.25 (10).
SB224, s. 28 12Section 28. 139.09 of the statutes is amended to read:
SB224,26,16 13139.09 Registration. Every brewer, brewpub, bottler, manufacturer, rectifier,
14wholesaler, or retailer liable for payment of the occupational tax imposed in ss.
15139.01 to 139.25 shall hold a valid certificate under s. 73.03 (50). The secretary shall
16assign the person a registration number.
SB224, s. 29 17Section 29. 139.11 (2), (3) and (4) of the statutes are amended to read:
SB224,26,2518 139.11 (2) Report. Each brewer, brewpub, bottler, manufacturer, rectifier, and
19wholesaler shall on or before the 15th day of each calendar month or the dates
20prescribed by the secretary file a verified report of all fermented malt beverages or
21intoxicating liquor manufactured, received, sold, delivered, or shipped by him or her
22during the preceding calendar month, except that the department may allow
23wholesale, winery, and out-of-state shipper permittees whose tax liability is less
24than $500 per quarter to file on a quarterly basis. Quarterly reports shall be filed
25on or before the 15th of the next month following the close of the calendar quarter.
SB224,27,14
1(3) Secretary's powers. When the secretary finds that the records kept by any
2brewer, brewpub, bottler, manufacturer, rectifier, wholesaler, or retailer are in such
3condition than that an unusual amount of time is required to determine therefrom
4the amount of tax due, the secretary may give notice of such fact to such person and
5may require the records to be kept in such form as the secretary prescribes. If such
6requirements are not complied with within 30 days after the date of the notice, the
7brewer, brewpub, bottler, manufacturer, rectifier, wholesaler, or retailer shall pay
8the expenses reasonably attributable to the determination of tax at the rate of $30
9per day for each auditor. The secretary shall render a bill therefor by registered mail
10to the person charged with payment at the conclusion of the audit, which bill shall
11constitute notice of assessment and demand of payment thereof. The brewer,
12brewpub, bottler, manufacturer, rectifier, wholesaler , or retailer shall, within 10
13days after the mailing of the bill, pay its amount, and such payment shall be credited
14to the appropriation made in s. 20.566 (1) (a).
SB224,27,22 15(4) Confidentiality. Sections 71.78 (1) and (4) to (9) and 71.83 (2) (a) 3.,
16relating to confidentiality of income, franchise, and gift tax returns, apply to any
17information obtained from any person on a fermented malt beverage or intoxicating
18liquor tax return, report, schedule, exhibit, or other document or from an audit report
19relating to any of those documents, except that the department of revenue shall
20publish brewery brewer and brewpub production and sales statistics and shall
21publish or permit the publication of statistics on the total number of gallons of the
22types and brands of intoxicating liquor sold in this state.
SB224, s. 30 23Section 30. 139.18 (1) of the statutes is amended to read:
SB224,28,224 139.18 (1) The possession of any fermented malt beverages on any licensed
25premises, other than upon the premises of a brewer, brewpub, or bottler, shall be

1deemed prima facie evidence that such products are kept with intent to sell and that
2such products are subject to the tax herein imposed.
SB224, s. 31 3Section 31. 139.22 of the statutes is amended to read:
SB224,28,14 4139.22 Confiscation. If a duly authorized employee of the department of
5revenue or the department of justice or any sheriff, police officer, marshal, or
6constable, within his or her respective jurisdiction, discovers any fermented malt
7beverages upon any premises other than the premises of a brewer, brewpub, or
8bottler, or any intoxicating liquor upon any premises other than the premises of a
9manufacturer, rectifier, winery, or wholesaler, and upon which the tax has not been
10paid or which was possessed, kept, stored, manufactured, sold, distributed, or
11transported in violation of ss. 139.01 to 139.25 and ch. 125, the employee or any such
12officer may immediately seize the fermented malt beverages or intoxicating liquors.
13Any such fermented malt beverages or intoxicating liquors so seized shall be held by
14the department of revenue and disposed of under s. 125.14 (2) (e).
SB224, s. 32 15Section 32. 346.93 (1) of the statutes is amended to read:
SB224,28,2216 346.93 (1) No underage person, as defined under s. 125.02 (20m), may
17knowingly possess, transport, or have under his or her control any alcohol beverage
18in any motor vehicle unless the person is employed by a brewer, an, brewpub, alcohol
19beverage licensee, wholesaler, retailer, distributor, manufacturer , or rectifier and is
20possessing, transporting, or having such beverage in a motor vehicle under his or her
21control during his or her working hours and in the course of employment, as provided
22under s. 125.07 (4) (bm).
SB224, s. 33 23Section 33. Effective date.
SB224,28,2424 (1) This act takes effect on the 30th day beginning after publication.
SB224,28,2525 (End)
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