AB304,130 6Section 130. 125.29 (3) (c) of the statutes is amended to read:
AB304,76,107 125.29 (3) (c) The transportation of fermented malt beverages between the
8brewery premises and any depot or, warehouse, or full-service retail outlet
9maintained by the brewer, off-site retail outlet established by the brewer, or other
10premises for which the brewer holds a permit under this chapter
.
AB304,131 11Section 131. 125.29 (3) (dm) of the statutes is created to read:
AB304,76,1512 125.29 (3) (dm) The sale, shipment, transportation, and delivery of fermented
13malt beverages, in bulk or in any state of packaging, that have been manufactured
14by the brewer to another brewer holding a permit under this section, and the receipt
15of the fermented malt beverages by the other brewer.
AB304,132 16Section 132. 125.29 (3) (e) of the statutes is amended to read:
AB304,76,2117 125.29 (3) (e) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to sub.
18(7) (h),
the retail sale of fermented malt beverages that have been manufactured on
19the brewery premises or on other premises of the brewer for on-premise consumption
20by individuals at the brewery premises or an off-site retail outlet established by the
21brewer.
AB304,133 22Section 133. 125.29 (3) (f) of the statutes is amended to read:
AB304,77,323 125.29 (3) (f) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to sub.
24(7) (h),
the retail sale to individuals of fermented malt beverages, in original
25unopened packages or containers, that have been manufactured on the brewery

1premises or on other premises of the brewer for off-premise consumption by
2individuals, if the sale occurs at the brewery premises or at an off-site retail outlet
3established by the brewer.
AB304,134 4Section 134. 125.29 (3) (g) of the statutes is repealed.
AB304,135 5Section 135. 125.29 (3) (h) of the statutes is renumbered 125.29 (3) (h) (intro.)
6and amended to read:
AB304,77,107 125.29 (3) (h) (intro.) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail
8sale of intoxicating liquor, for on-premise on-premises consumption by individuals
9at the brewery premises or an off-site retail outlet established by the brewer, if all
10of
the following apply:
AB304,77,12 111. The brewer held, on June 1, 2011, a license or permit authorizing the retail
12sale of intoxicating liquor and if at the location.
AB304,77,14 132. The intoxicating liquor has been purchased by the brewer from a wholesaler
14holding a permit under s. 125.54.
AB304,136 15Section 136. 125.29 (3) (h) 3. of the statutes is created to read:
AB304,77,1716 125.29 (3) (h) 3. The brewer is not eligible to make full-service retail sales
17under sub. (7) at the location.
AB304,137 18Section 137. 125.29 (3) (i) of the statutes is amended to read:
AB304,77,2219 125.29 (3) (i) The provision of free taste samples on the brewery premises, at
20an off-site retail outlet established by the brewer, or at the brewer's full-service
21retail outlet if the taste samples are of alcohol beverages the brewer is authorized to
22sell under sub. (3) (e) and (f) or (7) (c)
or as authorized under s. 125.33 (12).
AB304,138 23Section 138. 125.29 (6) of the statutes is amended to read:
AB304,78,824 125.29 (6) Restaurants. A brewer may operate a restaurant on the brewery
25premises and, at an off-site retail outlet established by the brewer. A brewer may

1not operate a restaurant at any other location except that a brewer may possess or
2hold an indirect interest in a Class “B" license for not more than 20 restaurants in
3each of which the sale of alcohol beverages accounts for less than 60 percent of the
4restaurant's gross receipts if no fermented malt beverages manufactured by the
5brewer are offered for sale in any of these restaurants
, and at any full-service retail
6outlet under sub. (7). Unless engaged in retail sales under sub. (7), a brewer
7operating a restaurant may only sell alcohol beverages that have been manufactured
8under the brewer's own brewer's permit
.
AB304,139 9Section 139. 125.29 (7) and (8) of the statutes are created to read:
AB304,78,1410 125.29 (7) Retail sales; full-service retail outlets. (a) 1. Notwithstanding
11ss. 125.04 (9) and 125.09 (1), a brewer may make retail sales, on the brewery
12premises, of fermented malt beverages that have been manufactured by the brewer
13on the brewery premises or on other premises of the brewer, for on-premises or
14off-premises consumption.
AB304,78,1815 2. Notwithstanding ss. 125.04 (9) and 125.09 (1), if a brewer manufactured, on
16all brewery premises operated by the brewer in this state, a cumulative total of at
17least 250 barrels of fermented malt beverages in any one of the 3 preceding calendar
18years, the brewer may engage in full-service retail sales on the brewery premises.
AB304,79,219 (b) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to pars. (d) and
20(g), if a brewer manufactured, on all brewery premises operated by the brewer in this
21state, a cumulative total of at least 250 barrels of fermented malt beverages in any
22one of the 3 preceding calendar years, the brewer may engage in full-service retail
23sales at off-site locations identified in the brewer's permit. Subject to pars. (f) and
24(g), the number of retail sales locations a brewer is allowed in addition to the brewery
25premises is determined by the cumulative volume of fermented malt beverages the

1brewer manufactured on all brewery premises operated by the brewer in this state
2in any one of the 3 preceding calendar years, as follows:
AB304,79,53 1. If the brewer's cumulative volume in a year was at least 250 barrels of
4fermented malt beverages but less than 2,500 barrels of fermented malt beverages,
5the brewer may establish one full-service retail outlet.
AB304,79,86 2. If the brewer's cumulative volume in a year was at least 2,500 barrels of
7fermented malt beverages but less than 7,500 barrels of fermented malt beverages,
8the brewer may establish not more than 2 full-service retail outlets.
AB304,79,119 3. If the brewer's cumulative volume in a year was at least 7,500 barrels of
10fermented malt beverages, the brewer may establish not more than 3 full-service
11retail outlets.
AB304,79,1812 (c) 1. Except as provided in subd. 2. and par. (f), a brewer may make full-service
13retail sales of alcohol beverages on the brewery premises and at any of its full-service
14retail outlets only if the alcohol beverages were purchased by the brewer from a
15wholesaler holding a permit under s. 125.28 or 125.54, from a brewer authorized to
16make sales to retailers under sub. (3m), from a brewpub authorized to make sales
17to retailers under s. 125.295 (1) (g), or from a permittee under s. 125.30 authorized
18to make sales to retailers under s. 125.30 (4).
AB304,79,2119 2. A brewer is not required to purchase from another permittee fermented malt
20beverages manufactured by the brewer that the brewer sells at retail on the brewery
21premises or at a full-service retail outlet of the brewer.
AB304,79,2422 3. Subject to subd. 2. and par. (f), a brewer engaged in full-service retail sales
23on brewery premises or at a full-service retail outlet of the brewer is subject to ss.
24125.33 (9) and 125.69 (6) to the same extent as if the brewer were a retail licensee.
AB304,80,4
1(d) 1. A brewer may not commence sales of alcohol beverages at a full-service
2retail outlet unless, prior to commencing such sales, the brewer receives approval
3from the municipality in which the full-service retail outlet is located and from the
4division as provided in par. (g).
AB304,80,125 2. Subject to par. (f), a municipality may limit the scope of alcohol beverages
6offered for sale at a full-service retail outlet only with respect to alcohol beverages
7that are not of the same type as those produced by the person holding the brewer's
8permit. A municipality may not limit the sale, at a full-service retail outlet, of
9alcohol beverages produced by the person holding the brewer's permit. A
10municipality may not limit the scope of alcohol beverages offered for sale under sub.
11(3) (h). If a municipality limits the scope of alcohol beverages offered for sale, the
12provision of taste samples is limited to those alcohol beverages authorized to be sold.
AB304,80,1713 3. Except as provided in subd. 2., a municipality's approval under subd. 1. shall
14be based on the same standards and criteria that the municipality has established
15by ordinance for the evaluation and approval of retail license applications. A
16municipality may not impose any requirement or restriction in connection with the
17approval under subd. 1. that the municipality does not impose on retail licensees.
AB304,80,2218 (e) If a brewer operates a restaurant as provided in sub. (6) and is authorized
19under this subsection to make retail sales of wine at the restaurant, the brewer may
20make retail sales of wine in an opened original bottle, in a quantity not to exceed one
21bottle, for consumption both at the restaurant and away from the restaurant if all
22of the following apply:
AB304,80,2323 1. The purchaser of the wine orders food to be consumed at the restaurant.
AB304,80,2524 2. The brewer provides a dated receipt that identifies the purchase of the food
25and the bottle of wine.
AB304,81,6
13. Prior to the opened, partially consumed bottle of wine being taken away from
2the restaurant, the brewer securely reinserts the cork into the bottle to the point
3where the top of the cork is even with the top of the bottle, or securely reattaches the
4original cap to the bottle, and the cork is reinserted or the cap is reattached at a time
5other than during the hours in which the brewer is prohibited under sub. (8) (b) from
6making retail sales for off-premises consumption.
AB304,81,177 (f) 1. If a brewer may establish one or more full-service retail outlets under
8pars. (b) and (g) and the brewer also holds a manufacturer's or rectifier's permit or
9winery permit or both and, as such, may establish full-service retail outlets under
10s. 125.52 (4) (b) and (g) or 125.53 (3) (b) and (g), the aggregate number of full-service
11retail outlets that may be established is the maximum number authorized under par.
12(b), under s. 125.52 (4) (b), or under s. 125.53 (3) (b), whichever is greatest, but not
13exceeding 3 full-service retail outlets. Under these circumstances, each authorized
14full-service retail outlet shall serve as the full-service retail outlet associated with
15each applicable permit, regardless of whether the permittee would otherwise be
16entitled to fewer full-service retail outlets when calculated under par. (b) or s. 125.52
17(4) (b) or 125.53 (3) (b).
AB304,81,2318 2. If a brewer may engage in full-service retail sales on the brewery premises
19as provided in par. (a) 2. and the brewer also holds a manufacturer's or rectifier's
20permit or winery permit or both, the brewer may make retail sales on the brewery
21premises of intoxicating liquor produced under its manufacturer's or rectifier's
22permit or winery permit without first purchasing the intoxicating liquor from a
23wholesaler holding a permit under s. 125.54.
AB304,82,224 3. If a person holds more than one brewer's permit under this section, the retail
25sales authority under this subsection for brewery premises applies with respect to

1each brewer's permit, but the limit on full-service retail outlets is an aggregate
2maximum, regardless of the number of brewer's permits held.
AB304,82,53 (g) 1. An application for a brewer's permit, including an application for an
4amendment to the brewer's permit, shall specify each full-service retail outlet of the
5brewer and particularly describe the premises of the full-service retail outlet.
AB304,82,126 2. The division shall establish a process for approval of a brewer's full-service
7retail outlet and for revocation of this approval. The division shall approve a brewer's
8full-service retail outlet, and may not revoke this approval, unless the brewer has
9violated a provision of this chapter related to full-service retail outlets. The
10division's failure to approve, or revocation of approval of, a full-service retail outlet
11described in a brewer's application or permit does not affect any other full-service
12retail outlet or the brewery premises as described in the application or permit.
AB304,82,1613 3. If the division approves a full-service retail outlet, the brewer's permit, as
14initially issued or as amended, shall particularly describe the premises constituting
15the full-service retail outlet, which shall be considered part of the premises under
16the brewer's permit.
AB304,82,1917 4. If the division approves a full-service retail outlet, the agent appointed
18under s. 125.04 (6) for the brewer's permit shall also serve as the agent for the
19full-service retail outlet.
AB304,82,2420 5. Section 125.04 (12) (a) does not apply to a brewer's full-service retail outlet.
21Upon notice to the division, a brewer may relocate any full-service retail outlet to a
22new location within this state once per calendar year, except that one full-service
23retail outlet of a brewer may be relocated without limitation on frequency in each
24calendar year.
AB304,83,3
1(h) A brewer that is eligible to establish a full-service retail outlet under this
2subsection is not authorized to make retail sales of fermented malt beverages at an
3off-site retail outlet under sub. (3) (e) and (f).
AB304,83,9 4(8) Closing hours. (a) On brewery premises, no person may sell alcohol
5beverages at retail for on-premises consumption, provide taste samples of alcohol
6beverages, or consume alcohol beverages during the closing hours applicable to a
7Class “B" licensee under s. 125.32 (3) (a). A full-service retail outlet under sub. (7)
8shall be subject to the same closing hours applicable to a Class “B" licensee under s.
9125.32 (3) (a).
AB304,83,1310 (b) On brewery premises and at a full-service retail outlet, no person may sell
11alcohol beverages at retail for off-premises consumption during the hours in which
12a Class “B” licensee in the municipality where the brewery or retail outlet is located
13may not make retail sales under s. 125.32 (3) (am) and (d).
AB304,83,1614 (c) No member of the public or invited guests may be present on brewery
15premises during the closing hours applicable to a Class “B" licensee under s. 125.32
16(3) (a).
AB304,83,1817 (d) Activities authorized under a brewer's permit related to the production,
18shipment, transportation, or delivery of alcohol beverages may occur at any time.
AB304,140 19Section 140 . 125.295 (1) (intro.) of the statutes is amended to read:
AB304,83,2120 125.295 (1) (intro.) The department division shall issue brewpub permits to
21eligible applicants authorizing all of the following:
AB304,141 22Section 141. 125.295 (1) (a) of the statutes is amended to read:
AB304,84,223 125.295 (1) (a) The manufacture of fermented malt beverages on the brewpub
24premises if, except as provided in s. 125.21 (2) and (3), the entire manufacturing
25process occurs on these premises and not more than 10,000 20,000 barrels of

1fermented malt beverages are manufactured in a calendar year by the permittee's
2brewpub group.
AB304,142 3Section 142. 125.295 (1) (fm) of the statutes is created to read:
AB304,84,74 125.295 (1) (fm) The sale, shipment, transportation, and delivery of fermented
5malt beverages, in bulk or in any state of packaging, that have been manufactured
6by the brewpub to another brewpub holding a permit under this section, and the
7receipt of the fermented malt beverages by the other brewpub.
AB304,143 8Section 143. 125.295 (1) (g) of the statutes is amended to read:
AB304,84,219 125.295 (1) (g) The sale at wholesale, shipment, transportation, and delivery,
10in original unopened packages or containers, to retailers, from the brewpub
11premises, of fermented malt beverages that have been manufactured on these
12premises or on other brewpub premises of the brewpub. A brewpub's brewpub group
13may not sell, ship, transport, or deliver more than a total of 1,000 2,000 barrels of
14fermented malt beverages in any calendar year to retailers under this paragraph.
15Fermented malt beverages provided by a brewpub to any retail premises for which
16the brewpub group holds a retail license shall not be included in any calculation of
17the 1,000 2,000 barrel limitation under this paragraph. Deliveries and shipments
18of fermented malt beverages by a brewpub under this paragraph shall be made to
19retailers only at their retail premises. Any retailer receiving such a delivery or
20shipment is subject to the prohibition under s. 125.34 (5) against further
21transporting the delivery or shipment to any other retail premises.
AB304,144 22Section 144. 125.295 (2) (a) 1. of the statutes is amended to read:
AB304,84,2423 125.295 (2) (a) 1. The applicant's brewpub group manufactures a total of not
24more than 10,000 20,000 barrels of fermented malt beverages in a calendar year.
AB304,145 25Section 145. 125.295 (2) (a) 2. of the statutes is amended to read:
AB304,85,6
1125.295 (2) (a) 2. The Except as provided in s. 125.21 (2) and (3), the applicant's
2entire process for manufacturing fermented malt beverages occurs on premises
3covered by a permit issued under this section. If the applicant holds more than one
4permit issued under this section, the applicant is not required to manufacture
5fermented malt beverages on each premises for which a permit is issued under this
6section.
AB304,146 7Section 146. 125.295 (2) (a) 4. of the statutes is amended to read:
AB304,85,128 125.295 (2) (a) 4. The applicant holds a Class “B" license for the restaurant
9identified in subd. 3. and, on these Class “B" premises, offers for sale, in addition to
10fermented malt beverages manufactured by the applicant, fermented malt
11beverages manufactured by a brewer or brewpub other than the applicant and its
12brewpub group.
AB304,147 13Section 147 . 125.295 (2) (a) 6. (intro.) of the statutes is amended to read:
AB304,85,1714 125.295 (2) (a) 6. (intro.) Neither Subject to s. 125.20 (6), neither the applicant
15nor the applicant's brewpub group holds, or has a direct or indirect ownership an
16interest in a premises operating under licensee or permittee holding, any of the
17following:
AB304,148 18Section 148 . 125.295 (2) (a) 6. a. of the statutes is amended to read:
AB304,85,2019 125.295 (2) (a) 6. a. A Class “A" license issued under s. 125.25 or “Class A”
20license issued under s. 125.51 (2)
.
AB304,149 21Section 149 . 125.295 (2) (a) 6. b. of the statutes is amended to read:
AB304,85,2522 125.295 (2) (a) 6. b. Except as provided in subd. 4. and subs. (1) (h) and (3) (b)
23and (c), a Class “B" license issued under s. 125.26, Class “B” permit issued under s.
24125.27, “Class B” license issued under s. 125.51 (3), “Class B” permit issued under
25s. 125.51 (5), or “Class C” license issued under s. 125.51 (3m)
.
AB304,150
1Section 150. 125.295 (2) (a) 6. c. of the statutes is amended to read:
AB304,86,22 125.295 (2) (a) 6. c. A wholesaler's permit issued under s. 125.28 or 125.54.
AB304,151 3Section 151. 125.295 (2) (a) 6. g. of the statutes is created to read:
AB304,86,44 125.295 (2) (a) 6. g. A no-sale event venue permit issued under s. 125.24.
AB304,152 5Section 152 . 125.295 (2) (b) of the statutes is amended to read:
AB304,86,136 125.295 (2) (b) If an applicant under par. (a) has no current operations, the
7applicant may certify that the applicant has applied for or will apply for a Class “B"
8license or license under s. 97.30 for a restaurant or will comply with any other
9requirement under par. (a), prior to or upon commencing operations authorized
10under this section. If a Class “B" license or license under s. 97.30 for a restaurant
11is not subsequently issued to the applicant, or if the applicant otherwise fails to
12comply with any requirement for eligibility under par. (a), the department division
13may revoke under s. 125.12 (5) the permit issued under this section.
AB304,153 14Section 153 . 125.295 (2) (c) of the statutes is amended to read:
AB304,86,2415 125.295 (2) (c) If an applicant under par. (a) holds any license or permit
16prohibited under par. (a) 6. at the time of its application, the applicant may certify
17that the applicant will surrender any such license or permit upon issuance of a
18permit under this section. If the department division issues a permit under this
19section and the applicant fails to surrender any license or permit prohibited under
20par. (a) 6., the department division may revoke under s. 125.12 (5) the permit issued
21under this section. An applicant is not required to surrender any Class “B" license
22issued under s. 125.31 (1) (a) 2., 2009 stats., or under s. 125.31 (1) (a) 3., 2005 stats.,
23if the applicant's continued possession of the license is consistent with subs. (1) (h),
24(2) (a) 4., and (3) (b) and (c).
AB304,154 25Section 154 . 125.295 (4) of the statutes is amended to read:
AB304,87,3
1125.295 (4) The fee established by the department division for a brewpub
2permit shall not exceed the fee established by the department division for a permit
3under s. 125.29.
AB304,155 4Section 155 . 125.295 (5) of the statutes is amended to read:
AB304,87,65 125.295 (5) The department division shall promulgate rules and prescribe
6forms to ensure strict compliance with the requirements under this section.
AB304,156 7Section 156 . 125.30 (1) of the statutes is amended to read:
AB304,87,188 125.30 (1) The department division shall issue out-of-state shippers' permits
9which, except as provided in sub. (4), authorize the permittee to ship fermented malt
10beverages only to holders of a wholesaler's permit issued under s. 125.28. Except
11with respect to any shipment from a warehouse in an adjoining state by a wholesaler
12issued a wholesale permit under s. 125.28 (1) (b), no person may receive fermented
13malt beverages in this state which have been directly shipped from outside this state
14by any person other than the holder of a permit issued under this section. Subject
15to s. 125.34 (2), all shipments of fermented malt beverages to a wholesaler of
16fermented malt beverages in this state, whether shipped to the wholesaler from
17inside this state or from outside this state, shall be unloaded in, physically at rest in,
18and only then distributed from the wholesaler's warehouse in this state.
AB304,157 19Section 157. 125.30 (2) of the statutes is amended to read:
AB304,87,2420 125.30 (2) The application for an out-of-state shipper's permit and the permit
21shall be on forms prescribed by the department division which shall contain
22provisions determined by the department division as necessary to effectuate the
23purposes of ss. 139.01 to 139.25 and shall include a provision that the permittee
24agrees to do all of the following:
AB304,88,2
1(a) To comply Comply with s. 139.05 relating to filing a bond, filing returns,
2paying taxes, and record keeping; .
AB304,88,53 (b) To permit Permit inspections and examinations of the permittee's premises
4and records by the department division and its duly authorized employees, as
5authorized under s. 139.08 (4); and 125.025 (3).
AB304,88,76 (c) To pay Pay the expenses reasonably attributable to such the inspections and
7examinations under par. (b) made within the United States.
AB304,158 8Section 158. 125.30 (2) (d) of the statutes is created to read:
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