SB801,112 9Section 112. 125.54 (7) (d) of the statutes is amended to read:
SB801,40,1810 125.54 (7) (d) The department office shall promulgate rules to administer and
11enforce the requirements under this subsection. The rules shall ensure coordination
12between the department's office's issuance and renewal of permits under this section
13and its enforcement of the requirements of this subsection, and shall require that all
14applications for issuance or renewal of permits under this section be processed by
15department office personnel generally familiar with activities of intoxicating liquor
16wholesalers. The department office shall establish by rule minimum requirements
17for warehouse facilities on premises described in permits issued under this section
18and for periodic site inspections by the department office of such warehouse facilities.
SB801,113 19Section 113. 125.54 (8) of the statutes is amended to read:
SB801,40,2520 125.54 (8) Duty to work in good faith. Each wholesaler has an obligation to
21negotiate in good faith with any manufacturer, rectifier, resort manufacturer, or
22winery that seeks to sell its products in this state through the wholesaler. To this end,
23all wholesalers shall work diligently to ensure that distribution channels are
24available for the sale of intoxicating liquor products through wholesalers to retailers
25in this state.
SB801,114
1Section 114. 125.545 (2) (a) 3. b. of the statutes is amended to read:
SB801,41,32 125.545 (2) (a) 3. b. The small winery is certified by the department office under
3sub. (6) (a) as a small winery.
SB801,115 4Section 115. 125.545 (3) (a) 1. of the statutes is amended to read:
SB801,41,125 125.545 (3) (a) 1. Within 7 days after filing its articles of incorporation under
6ch. 185, a cooperative wholesaler shall apply to the department office for a
7wholesaler's permit under s. 125.54. The provisions of s. 125.04 (5) (c) and (6) shall
8apply to a cooperative wholesaler as if the cooperative wholesaler were a corporation
9or a limited liability company and, for each of these provisions, the department office
10shall determine whether the cooperative wholesaler is most similar to a corporation
11or a limited liability company in the context of that provision and apply that
12provision to the cooperative wholesaler accordingly.
SB801,116 13Section 116. 125.545 (3) (a) 2. of the statutes is amended to read:
SB801,41,2014 125.545 (3) (a) 2. Notwithstanding s. 125.54 (6), the department office may
15issue not more than one wholesaler's permit to any cooperative wholesaler. The
16department office may not issue more than a total of 6 wholesalers' permits to
17cooperative wholesalers in this state. The department office may not issue any new
18wholesaler's permit to a cooperative wholesaler after December 31, 2008, but may
19renew wholesalers' permits that were initially issued to cooperative wholesalers
20prior to that date.
SB801,117 21Section 117. 125.545 (5) of the statutes is amended to read:
SB801,42,222 125.545 (5) Biennial reports. With each application for renewal of a
23wholesaler's permit issued to a cooperative wholesaler, each cooperative wholesaler
24shall file with the department office, in the form and manner prescribed by the

1department office by rule, a biennial report that includes detailed information on its
2members, board of directors, and sale and distribution activities.
SB801,118 3Section 118. 125.545 (6) of the statutes is amended to read:
SB801,42,64 125.545 (6) Department Office certification and rule making. (a) 1. The
5department office shall, upon application, certify eligible applicants as small
6wineries and renew prior certifications of eligible applicants as small wineries.
SB801,42,147 2. Any winery seeking to become a member of, or to maintain its membership
8in, a cooperative wholesaler may apply to the department office for certification as
9a small winery. If the winery meets the definition of a small winery under this
10section, satisfies the requirement under sub. (2) (a) 3. a., and submits any other
11information that the department office determines is necessary to certify that the
12winery is operating as a small winery and is eligible for membership in a cooperative
13wholesaler, the department office shall certify the winery as a small winery. This
14certification shall remain valid for one year.
SB801,42,1615 3. In certifying any winery under subd. 2., the department office shall classify
16the winery as either a Wisconsin winery or an out-of-state winery.
SB801,42,2017 4. The department office shall refuse to certify under this paragraph any
18winery that cannot demonstrate it holds all necessary permits for its operations or
19that the department office finds is otherwise not in full compliance with the laws of
20this state.
SB801,42,2221 (b) The department office shall promulgate rules to administer and enforce the
22requirements under this section.
SB801,119 23Section 119. 125.545 (7) of the statutes is amended to read:
SB801,43,224 125.545 (7) Penalties. (a) Any winery that sells or distributes its wine directly
25to a retailer, rather than through a wholesaler or cooperative wholesaler, is subject

1to a fine of not more than $10,000 and revocation of all of its permits by the
2department office under s. 125.12 (5).
SB801,43,63 (b) Any cooperative wholesaler that provides preferential treatment to a
4Wisconsin winery or discriminates against an out-of-state winery is subject to a fine
5of not more than $10,000 and revocation of its wholesaler's permit by the department
6office under s. 125.12 (5).
SB801,120 7Section 120. 125.55 (1) of the statutes is amended to read:
SB801,43,98 125.55 (1) The department office may issue a combination manufacturer's and
9rectifier's permit.
SB801,121 10Section 121. 125.56 (2) (a) of the statutes is amended to read:
SB801,43,1511 125.56 (2) (a) The department office shall issue sacramental wine permits to
12organized religious bodies authorizing them to purchase for their own use
13sacramental wine from any permittee under s. 125.52 (1), 125.53 or 125.54. A permit
14under this subsection does not authorize the resale of sacramental wine by the
15permittee.
SB801,122 16Section 122. 125.56 (2) (c) of the statutes is amended to read:
SB801,43,1917 125.56 (2) (c) Shipments of sacramental wine shall be conspicuously labeled
18“for sacramental purposes" and shall meet any other requirements the department
19office prescribes by rule.
SB801,123 20Section 123. 125.56 (2) (d) of the statutes is amended to read:
SB801,43,2221 125.56 (2) (d) A sacramental wine permit shall be issued free of charge by the
22department office and is not subject to s. 125.04 (11) (a).
SB801,124 23Section 124. 125.58 (1) of the statutes is amended to read:
SB801,44,1724 125.58 (1) The department office shall issue out-of-state shippers' permits
25which authorize persons located outside this state to sell or ship intoxicating liquor

1into this state. Except as provided under sub. (4), intoxicating liquor may be shipped
2into this state only to a person holding a wholesaler's permit under s. 125.54 or, if
3shipped from a manufacturer or rectifier in another state holding a permit under this
4section and shipped for use for production purposes, to a person holding a
5manufacturer's or rectifier's permit under s. 125.52, a resort manufacturer permit
6under s. 125.525,
or a winery permit under s. 125.53. Except as provided under sub.
7(4), a separate out-of-state shipper's permit is required for each location from which
8any intoxicating liquor is sold or shipped into this state, including the location from
9which the invoices are issued for the sales or shipments. Any person holding an
10out-of-state shipper's permit issued under this section may solicit orders for sales
11or shipments by the permittee without obtaining the sales solicitation permit
12required by s. 125.65, but every agent, salesperson or other representative who
13solicits orders for sales or shipments by an out-of-state shipper shall first obtain a
14permit for soliciting orders under s. 125.65. No holder of an out-of-state shipper's
15permit issued under this section may sell intoxicating liquor in this state or ship
16intoxicating liquor into this state unless the out-of-state shipper is the primary
17source of supply for that intoxicating liquor.
SB801,125 18Section 125. 125.60 (1) of the statutes is amended to read:
SB801,44,2319 125.60 (1) The department office may issue a wholesale alcohol permit which
20authorizes the permittee to sell ethyl alcohol of 190 proof or more to persons holding
21permits or licenses issued under s. 125.61 or 125.62. Nothing in this section requires
22manufacturers, rectifiers and wholesalers holding permits issued under s. 125.52 (1)
23or 125.54 to obtain a wholesale alcohol permit.
SB801,126 24Section 126. 125.61 (1) of the statutes is amended to read:
SB801,45,4
1125.61 (1) The department office may issue a medicinal alcohol permit which
2authorizes the permittee to purchase and use alcohol for medicinal purposes only.
3The permit may be issued only to persons who prove to the department office that
4they use alcohol for medicinal purposes.
SB801,127 5Section 127. 125.61 (3) of the statutes is amended to read:
SB801,45,86 125.61 (3) Shipments of medicinal alcohol shall be conspicuously labeled “for
7medicinal purposes" and shall meet other requirements which the department office
8prescribes by rule.
SB801,128 9Section 128. 125.61 (4) of the statutes is amended to read:
SB801,45,1110 125.61 (4) A medicinal permit shall be issued free of charge by the department
11office and is not subject to s. 125.04 (11) (a).
SB801,129 12Section 129. 125.62 (1) of the statutes is amended to read:
SB801,45,1613 125.62 (1) The department office may issue an industrial alcohol permit which
14authorizes the permittee to purchase and use alcohol for industrial purposes only.
15Such permits may be issued only to persons who prove to the department office that
16they use alcohol for industrial purposes.
SB801,130 17Section 130. 125.62 (3) of the statutes is amended to read:
SB801,45,2018 125.62 (3) Shipments of industrial alcohol shall be conspicuously labeled “for
19industrial purposes" and shall meet other requirements which the department office
20prescribes by rule.
SB801,131 21Section 131. 125.63 (1) of the statutes is amended to read:
SB801,45,2522 125.63 (1) The department office may issue an industrial wine permit which
23authorizes the purchase and use of wine for industrial purposes only. An industrial
24wine permit may be issued only to persons who prove to the department office that
25they use wine for industrial purposes.
SB801,132
1Section 132. 125.63 (3) of the statutes is amended to read:
SB801,46,42 125.63 (3) Shipments of industrial wine shall be conspicuously labeled “for
3industrial purposes" and shall meet other requirements which the department office
4prescribes by rule.
SB801,133 5Section 133. 125.65 (1) of the statutes is amended to read:
SB801,46,106 125.65 (1) The department office may issue a permit for wholesale sales for
7future delivery which authorizes the permittee to solicit orders, and to engage in the
8sale, of intoxicating liquor for delivery at a future date. A person holding a permit
9under this section may give a sample of a brand of intoxicating liquor to a “Class A"
10licensee who has not previously purchased that brand from the permittee.
SB801,134 11Section 134. 125.65 (4) (intro.) of the statutes is amended to read:
SB801,46,1312 125.65 (4) (intro.) The department office shall require the following
13information in applications for permits under this section:
SB801,135 14Section 135. 125.65 (4) (e) of the statutes is amended to read:
SB801,46,1515 125.65 (4) (e) Any other information required by the department office.
SB801,136 16Section 136. 125.65 (6) of the statutes is amended to read:
SB801,46,2117 125.65 (6) Employers shall furnish the department office with the names of all
18employees engaged in activities requiring a permit under this section and shall
19notify the department office whenever an employee begins or terminates
20employment. Upon leaving employment, an employee shall submit his or her permit
21to the department office for cancellation.
SB801,137 22Section 137. 125.65 (10) of the statutes is amended to read:
SB801,46,2523 125.65 (10) The department office may not require a fee for a permit under this
24section for an individual who is eligible for the veterans fee waiver program under
25s. 45.44.
SB801,138
1Section 138. 125.68 (9) (b) of the statutes is amended to read:
SB801,47,52 125.68 (9) (b) All containers of intoxicating liquor sold in this state shall be
3clearly and legibly labeled with the name and address of the manufacturer or resort
4manufacturer
and the name of the intoxicating liquor. The label shall meet any other
5labeling requirements created by the federal alcohol administration act.
SB801,139 6Section 139. 125.68 (9) (d) of the statutes is amended to read:
SB801,47,97 125.68 (9) (d) All packages or containers of intoxicating liquor delivered in this
8state shall bear seals affixed by the manufacturer or resort manufacturer so that the
9contents cannot be removed without breaking the seals.
SB801,140 10Section 140. 125.68 (9) (f) of the statutes is amended to read:
SB801,47,1711 125.68 (9) (f) Every person manufacturing, rectifying or blending intoxicating
12liquor sold in this state shall provide the department office with the names, brands,
13descriptions, alcoholic content by volume and any other information about the
14intoxicating liquor required by the department office. Information required by this
15paragraph shall be submitted prior to placing any new blend on the market. The
16department office may also require by rule that samples of new products be
17submitted for examination and analysis.
SB801,141 18Section 141. 125.68 (10) of the statutes is amended to read:
SB801,47,2419 125.68 (10) Shipments into state. (a) Except as provided in s. 125.535, no
20intoxicating liquor may be shipped into this state unless consigned to a person
21holding a wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or
22rectifier in another state holding a permit under s. 125.58, consigned to a person
23holding a manufacturer's or rectifier's permit under s. 125.52, a resort manufacturer
24permit under s. 125.525,
or a winery permit under s. 125.53.
SB801,48,7
1(b) Except as provided in s. 125.535, no common carrier or other person may
2transport into and deliver within this state any intoxicating liquor unless it is
3consigned to a person holding a wholesaler's permit under s. 125.54 or, if shipped
4from a manufacturer or rectifier in another state holding a permit under s. 125.58,
5consigned to a person holding a manufacturer's or rectifier's permit under s. 125.52,
6a resort manufacturer permit under s. 125.525,
or a winery permit under s. 125.53.
7Any common carrier violating this paragraph shall forfeit $100 for each violation.
SB801,142 8Section 142. 125.69 (title) of the statutes is amended to read:
SB801,48,10 9125.69 (title) Restrictions on dealings between manufacturers,
10rectifiers,
resort manufacturers, wholesalers, and retailers.
SB801,143 11Section 143. 125.69 (1) (a) of the statutes is renumbered 125.69 (1) (a) 1. and
12amended to read:
SB801,48,1713 125.69 (1) (a) 1. No Except as provided in subds. 2. and 3., no intoxicating liquor
14manufacturer, rectifier, resort manufacturer, winery, out-of-state shipper
15permittee, or wholesaler may hold any direct or indirect interest in any “Class A"
16license or establishment and no “Class A" licensee may hold any direct or indirect
17interest in a wholesale permit or establishment, except that a .
SB801,48,22 182. A winery that has a permit under s. 125.53 may have an ownership interest
19in a “Class A" license and a person may hold a “Class A" license and both a winery
20permit under s. 125.53 and a manufacturer's or rectifier's permit under s. 125.52 and
21may make retail sales and provide taste samples as authorized under the “Class A"
22license and ss. 125.06 (13) and 125.52 (1) (b) 2.
SB801,144 23Section 144. 125.69 (1) (a) 3. of the statutes is created to read:
SB801,48,2524 125.69 (1) (a) 3. A person may hold a resort manufacturer permit and “Class
25A” licenses as provided in s. 125.525 (4) (a) and (c).
SB801,145
1Section 145. 125.69 (1) (b) 1. of the statutes is amended to read:
SB801,49,82 125.69 (1) (b) 1. Except as provided under subds. 3., 4., and 5., no intoxicating
3liquor manufacturer, rectifier, resort manufacturer, winery, out-of-state shipper
4permittee, or wholesaler may hold any direct or indirect interest in any “Class B"
5license or permit or establishment or “Class C" license or establishment and no
6“Class B" licensee or permittee or “Class C" licensee may hold any direct or indirect
7interest in a manufacturer, rectifier, resort manufacturer, winery, out-of-state
8shipper, or wholesale permit or establishment.
SB801,146 9Section 146. 125.69 (1) (b) 3. of the statutes is created to read:
SB801,49,1110 125.69 (1) (b) 3. A person may hold a resort manufacturer permit and “Class
11B” licenses as provided in s. 125.525 (4) (a) and (b).
SB801,147 12Section 147. 125.69 (1) (c) of the statutes is amended to read:
SB801,49,1813 125.69 (1) (c) No manufacturer, rectifier, resort manufacturer, winery, or
14out-of-state shipper permittee, whether located within or without this state, may
15hold any direct or indirect interest in any wholesale permit or establishment. Except
16as provided in pars. (a) 2. and 3. and (b) 3. and 4. and s. ss. 125.525 and 125.53, no
17retail licensee may hold any direct or indirect interest in any manufacturer, rectifier,
18resort manufacturer, winery, or out-of-state shipper permittee.
SB801,148 19Section 148. 125.69 (4) (e) of the statutes is amended to read:
SB801,49,2520 125.69 (4) (e) Costs. The cost of administering this subsection shall be charged
21to the manufacturer, rectifier and wholesaler permittees. The department office
22shall determine the costs and shall establish the procedure for apportioning the cost
23against the permittees and provide for the method of payment to the department
24office. All moneys collected by the office under this paragraph shall be credited to
25the appropriation account under s. 20.566 (9) (g)
.
SB801,149
1Section 149. 125.69 (6) (a) of the statutes is amended to read:
SB801,50,52 125.69 (6) (a) No Except as provided in s. 125.525 (2) (g), no campus or retail
3licensee or permittee may purchase intoxicating liquor from, or possess intoxicating
4liquor purchased from, any person other than a wholesaler holding a permit under
5this chapter for the sale of intoxicating liquor.
SB801,150 6Section 150. 125.70 of the statutes is amended to read:
SB801,50,18 7125.70 Trade show samples. A manufacturer, rectifier, resort manufacturer,
8winery, or intoxicating liquor wholesaler may furnish, free of charge, on “Class B"
9premises, taste samples of intoxicating liquor to any person who has attained the
10legal drinking age and who is attending a trade show, conference, convention, or
11similar business meeting, that is held on those premises, of a bona fide national or
12statewide trade association that derives income from membership dues of “Class B"
13licensees. Taste samples may not be furnished under this section at more than 2 such
14events of any one trade association per year. No intoxicating liquor brought on
15“Class B" premises under this section may remain on those premises after the close
16of the trade show, conference, convention, or business meeting. No limitation under
17this section applies to a resort manufacturer with respect to premises operating
18under a “Class B” license held by the resort manufacturer.
SB801,151 19Section 151. 139.01 (4) of the statutes is amended to read:
SB801,50,2320 139.01 (4) “License," and “fermented malt beverages" have the same meaning
21as in s. 125.02, and “licensed premises" are premises described in licenses and
22permits issued by the department office, cities, villages, or towns under the authority
23of said section.
SB801,152 24Section 152. 139.01 (5) of the statutes is amended to read:
SB801,51,4
1139.01 (5) A “manufacturer" is a person, other than a rectifier or resort
2manufacturer
, who manufactures or distills intoxicating liquors, including selling at
3wholesale such intoxicating liquors manufactured or distilled by the licensee at the
4premises designated in the license.
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