125.295(1)(h) (h) The sale of alcohol beverages at retail on the brewpub premises in accordance with the terms of any retail license specified in subs. (2) (a) 4. and (3) (b) and (c).
125.295(1)(i) (i) Notwithstanding s. 125.33 (1), the ownership, maintenance, and operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state if the fermented malt beverages have been manufactured by the brewpub. A brewpub may not make retail sales of fermented malt beverages at the state fair park unless the state fair park board has approved the brewpub to make such sales.
125.295(2) (2)
125.295(2)(a)(a) An applicant is eligible for a brewpub permit only if all of the following apply:
125.295(2)(a)1. 1. The applicant's brewpub group manufactures a total of not more than 20,000 barrels of fermented malt beverages in a calendar year.
Effective date note NOTE: Subd. 1. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text 1. The applicant's brewpub group manufactures a total of not more than 10,000 barrels of fermented malt beverages in a calendar year.
125.295(2)(a)2. 2. Except as provided in s. 125.21 (2) and (3), the applicant's entire process for manufacturing fermented malt beverages occurs on premises covered by a permit issued under this section. If the applicant holds more than one permit issued under this section, the applicant is not required to manufacture fermented malt beverages on each premises for which a permit is issued under this section.
Effective date note NOTE: Subd. 2. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text 2. The applicant's entire process for manufacturing fermented malt beverages occurs on premises covered by a permit issued under this section. If the applicant holds more than one permit issued under this section, the applicant is not required to manufacture fermented malt beverages on each premises for which a permit is issued under this section.
125.295(2)(a)3. 3. The applicant operates a restaurant on the premises for which the permit is issued, for which a license is issued under s. 97.30 for a restaurant.
125.295(2)(a)4. 4. The applicant holds a Class “B" license for the restaurant identified in subd. 3. and, on these Class “B" premises, offers for sale, in addition to fermented malt beverages manufactured by the applicant, fermented malt beverages manufactured by a brewer or brewpub other than the applicant and its brewpub group.
Effective date note NOTE: Subd. 4. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text 4. The applicant holds a Class “B" license for the restaurant identified in subd. 3. and, on these Class “B" premises, offers for sale, in addition to fermented malt beverages manufactured by the applicant, fermented malt beverages manufactured by a brewer other than the applicant and its brewpub group.
125.295(2)(a)5. 5. The applicant holds a valid certificate issued under s. 73.03 (50).
125.295(2)(a)6. 6. Subject to s. 125.20 (6), neither the applicant nor the applicant's brewpub group holds, or has an interest in a licensee or permittee holding, any of the following:
Effective date note NOTE: Subd. 6. (intro.) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text 6. Neither the applicant nor the applicant's brewpub group holds, or has a direct or indirect ownership interest in a premises operating under, any of the following:
125.295(2)(a)6.a. a. A Class “A" license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).
Effective date note NOTE: Subd. 6. a. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
125.295 Note a. A Class “A" license issued under s. 125.25.
125.295(2)(a)6.b. b. Except as provided in subd. 4. and subs. (1) (h) and (3) (b) and (c), a Class “B" license issued under s. 125.26, Class “B” permit issued under s. 125.27, “Class B” license issued under s. 125.51 (3), “Class B” permit issued under s. 125.51 (5), or “Class C” license issued under s. 125.51 (3m).
Effective date note NOTE: Subd. 6. b. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
125.295 Note b. Except as provided in subd. 4. and subs. (1) (h) and (3) (b), a Class “B" license issued under s. 125.26.
125.295(2)(a)6.c. c. A wholesaler's permit issued under s. 125.28 or 125.54.
Effective date note NOTE: Subd. 6. c. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
125.295 Note c. A wholesaler's permit issued under s. 125.28.
125.295(2)(a)6.d. d. A brewer's permit issued under s. 125.29.
125.295(2)(a)6.e. e. Except as provided in subs. (1) (h) and (3) (c), a “Class B" license or permit or “Class C" license issued under s. 125.51.
125.295(2)(a)6.f. f. An alcohol beverage warehouse permit issued under s. 125.19.
125.295(2)(a)6.g. g. A no-sale event venue permit issued under s. 125.24.
Effective date note NOTE: Subd. 6. g. is created eff. 1-1-26 by 2023 Wis. Act 73.
125.295(2)(b) (b) If an applicant under par. (a) has no current operations, the applicant may certify that the applicant has applied for or will apply for a Class “B" license or license under s. 97.30 for a restaurant or will comply with any other requirement under par. (a), prior to or upon commencing operations authorized under this section. If a Class “B" license or license under s. 97.30 for a restaurant is not subsequently issued to the applicant, or if the applicant otherwise fails to comply with any requirement for eligibility under par. (a), the division may revoke under s. 125.12 (5) the permit issued under this section.
Effective date note NOTE: Par. (b) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (b) If an applicant under par. (a) has no current operations, the applicant may certify that the applicant has applied for or will apply for a Class “B" license or license under s. 97.30 for a restaurant or will comply with any other requirement under par. (a), prior to or upon commencing operations authorized under this section. If a Class “B" license or license under s. 97.30 for a restaurant is not subsequently issued to the applicant, or if the applicant otherwise fails to comply with any requirement for eligibility under par. (a), the department may revoke under s. 125.12 (5) the permit issued under this section.
125.295(2)(c) (c) If an applicant under par. (a) holds any license or permit prohibited under par. (a) 6. at the time of its application, the applicant may certify that the applicant will surrender any such license or permit upon issuance of a permit under this section. If the division issues a permit under this section and the applicant fails to surrender any license or permit prohibited under par. (a) 6., the division may revoke under s. 125.12 (5) the permit issued under this section. An applicant is not required to surrender any Class “B" license issued under s. 125.31 (1) (a) 2., 2009 stats., or under s. 125.31 (1) (a) 3., 2005 stats., if the applicant's continued possession of the license is consistent with subs. (1) (h), (2) (a) 4., and (3) (b) and (c).
Effective date note NOTE: Par. (c) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (c) If an applicant under par. (a) holds any license or permit prohibited under par. (a) 6. at the time of its application, the applicant may certify that the applicant will surrender any such license or permit upon issuance of a permit under this section. If the department issues a permit under this section and the applicant fails to surrender any license or permit prohibited under par. (a) 6., the department may revoke under s. 125.12 (5) the permit issued under this section. An applicant is not required to surrender any Class “B" license issued under s. 125.31 (1) (a) 2., 2009 stats., or under s. 125.31 (1) (a) 3., 2005 stats., if the applicant's continued possession of the license is consistent with subs. (1) (h), (2) (a) 4., and (3) (b) and (c).
125.295(3) (3)
125.295(3)(a)(a) No brewpub group may hold more than 6 brewpub permits issued under this section.
125.295(3)(b) (b) A brewpub may not hold any Class “B" license other than one issued for a restaurant on the brewpub premises. Notwithstanding s. 125.26 (2) (a), each Class “B" license shall be issued for the brewpub's restaurant in the same name as the permittee under this section. Notwithstanding s. 125.33 (1), a brewpub may own the furniture, fixtures, fittings, furnishings, and equipment on the Class “B" premises and shall pay any license fee or tax required for the operation of the premises.
125.295(3)(c) (c) Subject to the requirements specified in s. 125.51 (3) and (3m), a brewpub may also hold “Class B" licenses and “Class C" licenses, but only for restaurants on brewpub premises.
125.295(4) (4)The fee established by the division for a brewpub permit shall not exceed the fee established by the division for a permit under s. 125.29.
Effective date note NOTE: Sub. (4) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (4) The fee established by the department for a brewpub permit shall not exceed the fee established by the department for a permit under s. 125.29.
125.295(5) (5)The division shall promulgate rules and prescribe forms to ensure strict compliance with the requirements under this section.
Effective date note NOTE: Sub. (5) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (5) The department shall promulgate rules and prescribe forms to ensure strict compliance with the requirements under this section.
125.30 125.30 Out-of-state shippers' permits; delivery to wholesalers.
125.30(1)(1)The division shall issue out-of-state shippers' permits which, except as provided in sub. (4), authorize the permittee to ship fermented malt beverages only to holders of a wholesaler's permit issued under s. 125.28. Except with respect to any shipment from a warehouse in an adjoining state by a wholesaler issued a wholesale permit under s. 125.28 (1) (b), no person may receive fermented malt beverages in this state which have been directly shipped from outside this state by any person other than the holder of a permit issued under this section. Subject to s. 125.34 (2), all shipments of fermented malt beverages to a wholesaler of fermented malt beverages in this state, whether shipped to the wholesaler from inside this state or from outside this state, shall be unloaded in, physically at rest in, and only then distributed from the wholesaler's warehouse in this state.
Effective date note NOTE: Sub. (1) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (1) The department shall issue out-of-state shippers' permits which, except as provided in sub. (4), authorize the permittee to ship fermented malt beverages only to holders of a wholesaler's permit issued under s. 125.28. Except with respect to any shipment from a warehouse in an adjoining state by a wholesaler issued a wholesale permit under s. 125.28 (1) (b), no person may receive fermented malt beverages in this state which have been directly shipped from outside this state by any person other than the holder of a permit issued under this section. Subject to s. 125.34 (2), all shipments of fermented malt beverages to a wholesaler of fermented malt beverages in this state, whether shipped to the wholesaler from inside this state or from outside this state, shall be unloaded in, physically at rest in, and only then distributed from the wholesaler's warehouse in this state.
125.30(2) (2)The application for an out-of-state shipper's permit and the permit shall be on forms prescribed by the division which shall contain provisions determined by the division as necessary to effectuate the purposes of ss. 139.01 to 139.25 and shall include a provision that the permittee agrees to do all of the following:
125.30(2)(a) (a) Comply with s. 139.05 relating to filing a bond, filing returns, paying taxes, and record keeping.
125.30(2)(b) (b) Permit inspections and examinations of the permittee's premises and records by the division and its duly authorized employees, as authorized under s. 125.025 (3).
125.30(2)(c) (c) Pay the expenses reasonably attributable to the inspections and examinations under par. (b) made within the United States.
125.30(2)(d) (d) Accept service of process and consent to jurisdiction in any proceeding in this state to enforce the provisions of this chapter or ch. 139.
Effective date note NOTE: Sub. (2) is shown as affected eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (2) The application for an out-of-state shipper's permit and the permit shall be on forms prescribed by the department which shall contain provisions determined by the department as necessary to effectuate the purposes of ss. 139.01 to 139.25 and shall include a provision that the permittee agrees:
Effective date text (a) To comply with s. 139.05 relating to filing a bond, filing returns, paying taxes and record keeping;
Effective date text (b) To permit inspections and examinations of the permittee's premises and records by the department and its duly authorized employees, as authorized under s. 139.08 (4); and
Effective date text (c) To pay the expenses reasonably attributable to such inspections and examinations made within the United States.
125.30(3) (3)
125.30(3)(a)(a) Out-of-state shippers' permits may be issued only to a person who holds a valid certificate issued under s. 73.03 (50), who is qualified under s. 125.04 (5), who does not maintain an office or street address in this state, and who is the primary source of supply for the brand of fermented malt beverages. An out-of-state shipper's permit may not be issued to a person determined by the division to be primarily engaged in wholesale or retail sales in another state. Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state shippers' permits are not required to be residents of this state. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers' permits are not required to appoint agents vested with authority over the premises as described in s. 125.04 (6) (a).
125.30(3)(b)1.1. A permittee under this section shall appoint and continually engage the services of an agent in this state to act as agent for the service of process on whom all processes, and any action or proceeding against the permittee concerning or arising out of the enforcement of any provision of this chapter or ch. 139, may be served in any manner authorized by law. That service shall constitute legal and valid service of process on the permittee. The permittee shall provide to the division, in the form and manner prescribed by the division, the name, address, phone number, and proof of the appointment and availability of the agent.
125.30(3)(b)2. 2. The permittee shall provide notice to the division 30 calendar days before termination of the authority of an agent under subd. 1. and shall provide proof to the satisfaction of the division of the appointment of a new agent no less than 5 calendar days before the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the permittee shall notify the division of that termination within 5 calendar days and shall include proof to the satisfaction of the division of the appointment of a new agent.
125.30(3)(b)3. 3. If a permittee fails to maintain an agent in this state after a permit is issued under this section, the permittee is considered to have appointed the department of financial institutions as the permittee's agent, and the permittee may be proceeded against in courts of this state by service of process upon the department of financial institutions.
125.30(3)(c) (c) Subject to s. 125.20 (6), an out-of-state shipper's permit may not be issued to any person who has an interest in a licensee or permittee holding any of the following:
125.30(3)(c)1. 1. A Class “A" license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).
125.30(3)(c)2. 2. A Class “B" license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).
125.30(3)(c)3. 3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).
125.30(3)(c)4. 4. A wholesaler's permit issued under s. 125.28 or 125.54.
Effective date note NOTE: Sub. (3) (a), (b), and (c) (intro.) and 1. to 4. are shown as affected eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 sub. (3) reads:
Effective date text (3) Out-of-state shippers' permits may be issued only to a person who holds a valid certificate issued under s. 73.03 (50), who is qualified under s. 125.04 (5), who does not maintain an office or street address in this state, and who is the primary source of supply for the brand of fermented malt beverages. An out-of-state shipper's permit may not be issued to a person determined by the department to be primarily engaged in wholesale or retail sales in another state. Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state shippers' permits are not required to be residents of this state. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers' permits are not required to appoint agents.
125.30(3)(c)5. 5. A no-sale event venue permit issued under s. 125.24.
Effective date note NOTE: Subd. 5. is created eff. 1-1-26 by 2023 Wis. Act 73.
125.30(4) (4)An out-of-state brewer that manufactures 300,000 barrels or less of fermented malt beverages in a calendar year from all locations and that holds an out-of-state shipper's permit may sell and ship fermented malt beverages directly to retail licensees if the out-of-state brewer registers with the division, files whatever periodic reports with the division as the division may require, and complies with the requirements in ss. 125.33 and 125.34, as applicable, to the same extent as if the out-of-state brewer were a wholesaler holding a permit under s. 125.28.
Effective date note NOTE: Sub. (4) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (4) An out-of-state brewer that manufactures 300,000 barrels or less of fermented malt beverages in a calendar year from all locations and that holds an out-of-state shipper's permit may sell and ship fermented malt beverages directly to retail licensees if the out-of-state brewer registers with the department, files whatever periodic reports with the department as the department may require, and complies with the requirements in ss. 125.33 and 125.34, as applicable, to the same extent as if the out-of-state brewer were a wholesaler holding a permit under s. 125.28.
125.30(5) (5)The division may revoke or suspend an out-of-state shipper's permit for such time as the division determines, if the permittee violates any provision of the application or ss. 139.01 to 139.25.
Effective date note NOTE: Sub. (5) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (5) The department may revoke or suspend an out-of-state shipper's permit for such time as the department determines, if the permittee violates any provision of the application or ss. 139.01 to 139.25.
125.30 Annotation Treating All Grapes Equally: Interstate Alcohol Shipping After Granholm. Gary. Wis. Law. Mar. 2010.
125.315 125.315 Evading provisions of law by giving away fermented malt beverages.
125.315(1)(1)No person may give away any fermented malt beverages or use any other means to evade any law of this state relating to the sale of fermented malt beverages.
125.315(2) (2)A person who violates sub. (1) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 93 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on March 22, 2024. Published and certified under s. 35.18. Changes effective after March 22, 2024, are designated by NOTES. (Published 3-22-24)