AB492,16,2316 (b) If an applicant under par. (a) has no current operations, the applicant may
17certify that the applicant has applied for or will apply for a “Class B" license or license
18under s. 97.30 for a restaurant or will comply with any other requirement under par.
19(a), prior to or upon commencing operations authorized under this section. If a “Class
20B" license or license under s. 97.30 for a restaurant is not subsequently issued to the
21applicant, or if the applicant otherwise fails to comply with any requirement for
22eligibility under par. (a), the department may revoke under s. 125.12 (5) the permit
23issued under this section.
AB492,17,424 (c) If an applicant under par. (a) holds any license or permit prohibited under
25par. (a) 5. at the time of its application, the applicant may certify that the applicant

1will surrender any such license or permit upon issuance of a permit under this
2section. If the department issues a permit under this section and the applicant fails
3to surrender any license or permit prohibited under par. (a) 5., the department may
4revoke under s. 125.12 (5) the permit issued under this section.
AB492,17,8 5(4) Multiple permits; retail licenses. (a) No distillpub group may hold more
6than 6 distillpub permits issued under this section. If a distillpub group holds more
7than one permit issued under this section, the distillpub group is not required to
8manufacture or rectify distilled spirits on each premises for which a permit is issued.
AB492,17,99 (b) A distillpub may hold only the following retail licenses:
AB492,17,1110 1. Any “Class B” license for which the licensed premises includes a restaurant
11on distillpub premises, as described in sub. (3) (a) 2. and 3.
AB492,17,1412 2. Not more than 6 “Class B” licenses in addition to those authorized under
13subd. 1. if any of these additional 6 “Class B” licenses was initially issued prior to
14January 1, 1983.
AB492,17,1615 3. A Class “B” license for any premises for which a “Class B” license authorized
16under subd. 1. or 2. is issued.
AB492,17,1817 4. One Class “A” license and one “Class A” license, both issued for the same
18premises and initially issued prior to January 1, 1990.
AB492,17,2119 5. If the distillpub also holds a brewpub permit under s. 125.295 and the
20distillpub permit and the brewpub permit are issued in the same name, any retail
21license authorized under s. 125.295 (3) (b) and (c).
AB492,17,2322 (c) Each retail license authorized under par. (b) shall be issued in the same
23name as the distillpub permittee.
AB492,18,3
1(5) Fees. The fee established by the department for a distillpub permit shall
2not exceed the fee established by the department for a manufacturer's permit under
3s. 125.52.
AB492,18,5 4(6) Rule making. The department may promulgate rules and prescribe forms
5to administer and enforce this section.
AB492,32 6Section 32. 125.53 (3) of the statutes is created to read:
AB492,18,97 125.53 (3) A winery holding a permit under this section may hold a Class “B"
8license authorizing the retail sale of fermented malt beverages if the winery holds
9a “Class B" license issued for the same premises.
AB492,33 10Section 33. 125.54 (1) of the statutes is amended to read:
AB492,18,1711 125.54 (1) Authorized activities. The department shall issue wholesalers'
12permits authorizing the permittee to sell, from the premises described in the permit,
13intoxicating liquor at wholesale to retailers and wholesalers, as well as to
14manufacturers, rectifiers, distillpubs, and wineries for production purposes. The
15permittee may not sell intoxicating liquor for consumption on the premises.
16Possession of a permit under this section does not authorize the permittee to sell
17tax-free intoxicating liquor and wine brought into this state under s. 139.03 (5).
AB492,34 18Section 34. 125.54 (7) (a) 1. of the statutes is renumbered 125.54 (7) (a).
AB492,35 19Section 35. 125.54 (7) (a) 2. of the statutes is repealed.
AB492,36 20Section 36. 125.54 (8) of the statutes is amended to read:
AB492,19,221 125.54 (8) Duty to work in good faith. Each wholesaler has an obligation to
22negotiate in good faith with any manufacturer, rectifier, distillpub, or winery that
23seeks to sell its products in this state through the wholesaler. To this end, all
24wholesalers shall work diligently to ensure that distribution channels are available

1for the sale of intoxicating liquor products through wholesalers to retailers in this
2state.
AB492,37 3Section 37. 125.545 (1) (d) of the statutes is amended to read:
AB492,19,54 125.545 (1) (d) “Small winery" means any winery that produces and bottles less
5than 25,000 50,000 gallons of wine in a calendar year.
AB492,38 6Section 38. 125.58 (1) of the statutes is amended to read:
AB492,19,247 125.58 (1) The department shall issue out-of-state shippers' permits which
8authorize persons located outside this state to sell or ship intoxicating liquor into this
9state. Except as provided under sub. (4), intoxicating liquor may be shipped into this
10state only to a person holding a wholesaler's permit under s. 125.54 or, if shipped
11from a manufacturer or rectifier in another state holding a permit under this section,
12to a person holding a manufacturer's or rectifier's permit under s. 125.52, a distillpub
13permit under s. 125.525,
or a winery permit under s. 125.53. Except as provided
14under sub. (4), a separate out-of-state shipper's permit is required for each location
15from which any intoxicating liquor is sold or shipped into this state, including the
16location from which the invoices are issued for the sales or shipments. Any person
17holding an out-of-state shipper's permit issued under this section may solicit orders
18for sales or shipments by the permittee without obtaining the sales solicitation
19permit required by s. 125.65, but every agent, salesperson or other representative
20who solicits orders for sales or shipments by an out-of-state shipper shall first obtain
21a permit for soliciting orders under s. 125.65. No holder of an out-of-state shipper's
22permit issued under this section may sell intoxicating liquor in this state or ship
23intoxicating liquor into this state unless the out-of-state shipper is the primary
24source of supply for that intoxicating liquor.
AB492,39 25Section 39. 125.68 (4) (c) 3m. of the statutes is amended to read:
AB492,20,4
1125.68 (4) (c) 3m. No premises for which a “Class B" license has been issued
2under s. 125.51 (3) (am) may remain open for the sale of intoxicating liquor between
3the hours of 9 p.m. 2 a.m. and 8 a.m. A municipality may, by ordinance, impose more
4restrictive hours than are provided in this subdivision.
AB492,40 5Section 40. 125.68 (9) (b) of the statutes is amended to read:
AB492,20,96 125.68 (9) (b) All containers of intoxicating liquor sold in this state shall be
7clearly and legibly labeled with the name and address of the manufacturer or
8distillpub
and the name of the intoxicating liquor. The label shall meet any other
9labeling requirements created by the federal alcohol administration act.
AB492,41 10Section 41. 125.68 (9) (d) of the statutes is amended to read:
AB492,20,1311 125.68 (9) (d) All packages or containers of intoxicating liquor delivered in this
12state shall bear seals affixed by the manufacturer or distillpub so that the contents
13cannot be removed without breaking the seals.
AB492,42 14Section 42. 125.68 (10) of the statutes is amended to read:
AB492,20,2015 125.68 (10) Shipments into state. (a) Except as provided in s. 125.535, no
16intoxicating liquor may be shipped into this state unless consigned to a person
17holding a wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or
18rectifier in another state holding a permit under s. 125.58, consigned to a person
19holding a manufacturer's or rectifier's permit under s. 125.52, a distillpub permit
20under s. 125.525,
or a winery permit under s. 125.53.
AB492,21,321 (b) Except as provided in s. ss. 125.525 (2)(h) and 125.535, no common carrier
22or other person may transport into and deliver within this state any intoxicating
23liquor unless it is consigned to a person holding a wholesaler's permit under s. 125.54
24or, if shipped from a manufacturer or rectifier in another state holding a permit
25under s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit

1under s. 125.52, a distillpub permit under s. 125.525, or a winery permit under s.
2125.53. Any common carrier violating this paragraph shall forfeit $100 for each
3violation.
AB492,43 4Section 43. 125.69 (title) of the statutes is amended to read:
AB492,21,6 5125.69 (title) Restrictions on dealings between manufacturers,
6rectifiers,
distillpubs, wholesalers , and retailers.
AB492,44 7Section 44. 125.69 (1) (a) of the statutes is renumbered 125.69 (1) (a) 1. and
8amended to read:
AB492,21,139 125.69 (1) (a) 1. No Except as provided in subds. 2. and 3., no intoxicating liquor
10manufacturer, rectifier, distillpub, winery, out-of-state shipper permittee, or
11wholesaler may hold any direct or indirect interest in any “Class A" license or
12establishment and no “Class A" licensee may hold any direct or indirect interest in
13a wholesale permit or establishment, except that a .
AB492,21,18 142. A winery that has a permit under s. 125.53 may have an ownership interest
15in a “Class A" license and a person may hold a “Class A" license and both a winery
16permit under s. 125.53 and a manufacturer's or rectifier's permit under s. 125.52 and
17may make retail sales and provide taste samples as authorized under the “Class A"
18license and ss. 125.06 (13) and 125.52 (1) (b) 2.
AB492,45 19Section 45. 125.69 (1) (a) 3. of the statutes is created to read:
AB492,21,2120 125.69 (1) (a) 3. A person may hold a distillpub permit and a “Class A” license
21as provided in s. 125.525 (4) (b) 4.
AB492,46 22Section 46. 125.69 (1) (b) 1. of the statutes is amended to read:
AB492,22,423 125.69 (1) (b) 1. Except as provided under subds. 3., 4., and 5., no intoxicating
24liquor manufacturer, rectifier, distillpub, winery, out-of-state shipper permittee, or
25wholesaler may hold any direct or indirect interest in any “Class B" license or permit

1or establishment or “Class C" license or establishment and no “Class B" licensee or
2permittee or “Class C" licensee may hold any direct or indirect interest in a
3manufacturer, rectifier, distillpub, winery, out-of-state shipper, or wholesale permit
4or establishment.
AB492,47 5Section 47. 125.69 (1) (b) 3. of the statutes is created to read:
AB492,22,86 125.69 (1) (b) 3. A distillpub may hold any “Class B" license authorized under
7s. 125.525 (4) (b) and, if the distillpub also holds a brewpub permit, any “Class C”
8license authorized under s. 125.525 (4) (b) 5.
AB492,48 9Section 48. 125.69 (1) (c) of the statutes is amended to read:
AB492,22,1510 125.69 (1) (c) No manufacturer, rectifier, distillpub, winery, or out-of-state
11shipper permittee, whether located within or without this state, may hold any direct
12or indirect interest in any wholesale permit or establishment. Except as provided in
13pars. (a) 2. and 3. and (b) 3. and 4. and s. ss. 125.295, 125.525, and 125.53, no retail
14licensee may hold any direct or indirect interest in any manufacturer, rectifier,
15distillpub, winery, or out-of-state shipper permittee.
AB492,49 16Section 49. 125.69 (1) (d) of the statutes is amended to read:
AB492,22,1917 125.69 (1) (d) Except as provided in s. ss. 125.295 (3) (c) and (3m) and 125.525
18(4) (b)
, no brewpub may hold any direct or indirect interest in any “Class B" license
19or permit or establishment or “Class C" license or establishment.
AB492,50 20Section 50. 125.69 (3) of the statutes is amended to read:
AB492,23,221 125.69 (3) Volume discounts to campuses and retailers. A wholesaler of
22intoxicating liquor, and a distillpub with respect to sales of intoxicating liquor
23authorized under s. 125.525 (2) (f),
shall charge the same price to all campuses and
24retail licensees and permittees making purchases in similar quantities. Any

1discount offered on intoxicating liquor shall be delivered to the retailer in a single
2transaction and single delivery, and on a single invoice.
AB492,51 3Section 51. 125.69 (4) (c) of the statutes is created to read:
AB492,23,84 125.69 (4) (c) Distillpubs. For purposes of this subsection, a distillpub, when
5acting under authority of a retail license with respect to intoxicating liquor not
6manufactured or rectified by the distillpub, is deemed an intoxicating liquor retail
7licensee. This paragraph does not affect any provision of this subsection with respect
8to a distillpub acting under authority of s. 125.525 (2) (f).
AB492,52 9Section 52. 125.69 (4) (e) of the statutes is amended to read:
AB492,23,1410 125.69 (4) (e) Costs. The cost of administering this subsection shall be charged
11to the manufacturer, rectifier, distillpub, and wholesaler permittees. The
12department shall determine the costs and shall establish the procedure for
13apportioning the cost against the permittees and provide for the method of payment
14to the department.
AB492,53 15Section 53. 125.69 (6) (a) of the statutes is amended to read:
AB492,23,1916 125.69 (6) (a) No Except as provided in s. 125.525 (2) (f), no campus or retail
17licensee or permittee may purchase intoxicating liquor from, or possess intoxicating
18liquor purchased from, any person other than a wholesaler holding a permit under
19this chapter for the sale of intoxicating liquor.
AB492,54 20Section 54. 125.70 of the statutes is amended to read:
AB492,24,7 21125.70 Trade show samples. A manufacturer, rectifier, distillpub, winery,
22or intoxicating liquor wholesaler may furnish, free of charge, on “Class B" premises,
23taste samples of intoxicating liquor to any person who has attained the legal drinking
24age and who is attending a trade show, conference, convention, or similar business
25meeting, that is held on those premises, of a bona fide national or statewide trade

1association that derives income from membership dues of “Class B" licensees. Taste
2samples may not be furnished under this section at more than 2 such events of any
3one trade association per year. No intoxicating liquor brought on “Class B" premises
4under this section may remain on those premises after the close of the trade show,
5conference, convention, or business meeting. No limitation under this section
6applies to a distillpub with respect to premises operating under a “Class B” license
7issued to the distillpub.
AB492,55 8Section 55. 139.01 (2o) of the statutes is created to read:
AB492,24,99 139.01 (2o) “Distillpub” means a permittee under s. 125.525.
AB492,56 10Section 56. 139.01 (5) of the statutes is amended to read:
AB492,24,1411 139.01 (5) A “manufacturer" is a person, other than a rectifier or distillpub, who
12manufactures or distills intoxicating liquors, including selling at wholesale such
13intoxicating liquors manufactured or distilled by the licensee at the premises
14designated in the license.
AB492,57 15Section 57. 139.01 (6) of the statutes is amended to read:
AB492,25,416 139.01 (6) A “rectifier" is a person, other than a distillpub, who rectifies,
17purifies or refines distilled spirits or wines by any process other than by original and
18continuous distillation from mash, wort or wash, through continuous closed vessels
19or pipes, until the manufacture thereof is complete, or who has in his or her
20possession any still or leach tub or keeps any other apparatus for the purpose of
21refining in any manner distilled spirits or the other liquors, or who after rectifying
22and purifying distilled spirits, by mixing such spirits or liquors with any materials,
23manufactures any spurious, imitation or compound liquors for sale, and any person
24who, without rectifying, purifying or refining distilled spirits, by mixing such spirits
25with any materials, manufactures any spurious, imitation or compound liquors for

1sale under the name of “whiskey," “brandy," “gin," “ rum," “spirits," “cordials" or any
2other name, and who is also a distiller or is under substantially the same
3management or control as a distiller. A rectifier may sell at wholesale intoxicating
4liquors rectified by him or her without any other license than that of a rectifier.
AB492,58 5Section 58. 139.01 (10) of the statutes is amended to read:
AB492,25,96 139.01 (10) “Wholesaler" as applied to a seller of fermented malt beverages has
7the same meaning as in s. 125.02, and as applied to a seller of intoxicating liquors
8is any person other than a manufacturer or, rectifier, or distillpub who sells such
9liquors to licensed retailers or other permittees for the purpose of resale.
AB492,59 10Section 59. 139.03 (2x) (a) of the statutes is amended to read:
AB492,25,1711 139.03 (2x) (a) Floor tax imposed. On the date tax rate changes become
12effective under this section a floor tax is imposed upon every manufacturer, rectifier,
13distillpub, wholesaler, and retailer who is in possession of any intoxicating liquor
14held for resale on which the intoxicating liquor tax already has been imposed. The
15person shall determine the volume of that intoxicating liquor and shall file a return
16by the 15th day of the month following the month in which the new tax rate becomes
17effective and shall pay any tax due on it, as determined under par. (b).
AB492,60 18Section 60. 139.04 (4) of the statutes is amended to read:
AB492,25,2119 139.04 (4) Sale or shipment of fermented malt beverages by a brewer to a
20bottler or of intoxicating liquor in bulk between manufacturers, rectifiers,
21distillpubs,
and wineries.
AB492,61 22Section 61. 139.06 (3) of the statutes is amended to read:
AB492,26,423 139.06 (3) In shipping intoxicating liquor in bulk for the purpose of bottling or
24rectifying to a rectifier or distillpub located within the state, the manufacturer shall
25securely affix thereto a label or statement, in such form as is prescribed by the

1secretary, reciting that the shipment is made for the purpose of bottling or rectifying.
2Each manufacturer making such shipments shall file an information report that
3shows the dates and quantities of shipments and the name and address of each
4consignee.
AB492,62 5Section 62. 139.08 (4) of the statutes is amended to read:
AB492,26,206 139.08 (4) Inspection for enforcement. Duly authorized employees of the
7department of justice and the department of revenue and any sheriff, police officer,
8marshal, or constable, within their respective jurisdictions, may at all reasonable
9hours enter any licensed premises, and examine the books, papers, and records of
10any brewer, brewpub, manufacturer, bottler, rectifier, distillpub, wholesaler, or
11retailer, for the purpose of inspecting the same and determining whether the tax and
12fee imposed by ss. 139.01 to 139.25 have been fully paid, and may inspect and
13examine, according to law, any premises where fermented malt beverages or
14intoxicating liquors are manufactured, sold, exposed for sale, possessed, or stored,
15for the purpose of inspecting the same and determining whether the tax imposed by
16ss. 139.01 to 139.25 has been fully paid, and whether ss. 139.01 to 139.25 and ch. 125
17are being complied with. Any refusal to permit such examination of such premises
18is sufficient grounds under s. 125.12 for revocation or suspension of any license or
19permit granted for the sale of any fermented malt beverages or intoxicating liquors
20and is punishable under s. 139.25 (10).
AB492,63 21Section 63. 139.09 of the statutes is amended to read:
AB492,26,25 22139.09 Registration. Every brewer, brewpub, bottler, manufacturer, rectifier,
23distillpub, wholesaler, or retailer liable for payment of the occupational tax imposed
24in ss. 139.01 to 139.25 shall hold a valid certificate under s. 73.03 (50). The secretary
25shall assign the person a registration number.
AB492,64
1Section 64. 139.11 (2) of the statutes is amended to read:
AB492,27,92 139.11 (2) Report. Each brewer, brewpub, bottler, manufacturer, rectifier,
3distillpub, and wholesaler shall on or before the 15th day of each calendar month or
4the dates prescribed by the secretary file a verified report of all fermented malt
5beverages or intoxicating liquor manufactured, received, sold, delivered, or shipped
6by him or her during the preceding calendar month, except that the department may
7allow wholesale, winery, and out-of-state shipper permittees whose tax liability is
8less than $500 per quarter to file on a quarterly basis. Quarterly reports shall be filed
9on or before the 15th of the next month following the close of the calendar quarter.
AB492,65 10Section 65. 139.11 (3) of the statutes is amended to read:
AB492,27,2511 139.11 (3) Secretary's powers. When the secretary finds that the records kept
12by any brewer, brewpub, bottler, manufacturer, rectifier, distillpub, wholesaler, or
13retailer are in such condition that an unusual amount of time is required to
14determine therefrom the amount of tax due, the secretary may give notice of such fact
15to such person and may require the records to be kept in such form as the secretary
16prescribes. If such requirements are not complied with within 30 days after the date
17of the notice, the brewer, brewpub, bottler, manufacturer, rectifier, distillpub,
18wholesaler, or retailer shall pay the expenses reasonably attributable to the
19determination of tax at the rate of $30 per day for each auditor. The secretary shall
20render a bill therefor by registered mail to the person charged with payment at the
21conclusion of the audit, which bill shall constitute notice of assessment and demand
22of payment thereof. The brewer, brewpub, bottler, manufacturer, rectifier, distillpub,
23wholesaler, or retailer shall, within 10 days after the mailing of the bill, pay its
24amount, and such payment shall be credited to the appropriation made in s. 20.566
25(1) (a).
AB492,66
1Section 66. 139.11 (4) (b) 2. of the statutes is amended to read:
AB492,28,82 139.11 (4) (b) 2. A current and regularly updated list, made available on paper
3and on the department's Internet Web site, of permit holders that minimally includes
4detailed information on the name, address, contact person, and date of permit
5issuance for every manufacturer's and rectifier's permit issued under s. 125.52,
6distillpub permit issued under s. 125.525, winery permit issued under s. 125.53,
7direct wine shipper's permit issued under s. 125.535, wholesaler's permit issued
8under s. 125.54, and out-of-state shipper's permit issued under s. 125.58.
AB492,67 9Section 67. 139.18 (2) of the statutes is amended to read:
AB492,28,1310 139.18 (2) The possession of intoxicating liquor on which a tax has not been
11paid except upon the premises of a manufacturer, rectifier, distillpub, or wholesaler,
12or any licensed public warehouse shall be deemed prima facie evidence that such
13liquor is possessed with the intent to sell it contrary to law.
AB492,68 14Section 68. 139.22 of the statutes is amended to read:
AB492,28,25 15139.22 Confiscation. If a duly authorized employee of the department of
16revenue or the department of justice or any sheriff, police officer, marshal, or
17constable, within his or her respective jurisdiction, discovers any fermented malt
18beverages upon any premises other than the premises of a brewer, brewpub, or
19bottler, or any intoxicating liquor upon any premises other than the premises of a
20manufacturer, rectifier, distillpub, winery, or wholesaler, and upon which the tax has
21not been paid or which was possessed, kept, stored, manufactured, sold, distributed,
22or transported in violation of ss. 139.01 to 139.25 and ch. 125, the employee or any
23such officer may immediately seize the fermented malt beverages or intoxicating
24liquors. Any such fermented malt beverages or intoxicating liquors so seized shall
25be held by the department of revenue and disposed of under s. 125.14 (2) (e).
AB492,69
1Section 69. 346.93 (1) of the statutes is amended to read:
AB492,29,82 346.93 (1) No underage person, as defined under s. 125.02 (20m), may
3knowingly possess, transport, or have under his or her control any alcohol beverage
4in any motor vehicle unless the person is employed by a brewer, brewpub, alcohol
5beverage licensee, wholesaler, retailer, distributor, manufacturer, or rectifier, or
6distillpub
and is possessing, transporting, or having such beverage in a motor vehicle
7under his or her control during his or her working hours and in the course of
8employment, as provided under s. 125.07 (4) (bm).
AB492,70 9Section 70. Effective date.
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