125.33(2)(m)
(m) Purchase products from a Class "B" licensee or permittee.
125.33(2)(n)1.1. Provide, in this state, reasonable business entertainment that is deductible under section
162 of the internal revenue code to a Class "B" licensee or permittee by doing any of the following:
125.33(2)(n)1.a.
a. Providing tickets or free admissions to athletic events, concerts or similar activities.
125.33(2)(n)1.b.
b. Providing food and beverages and paying for local ground transportation in connection with activities described in
subd. 1. a. and business meetings.
125.33(2)(n)2.
2. Notwithstanding
subd. 1., no brewer or wholesaler may provide business entertainment to a Class "B" licensee or permittee under
subd. 1. in one day that has a value exceeding $75.
125.33(2)(o)
(o) Furnish, free of charge, on Class "B" premises, taste samples of fermented malt beverages to any person who has attained the legal drinking age and who is attending a trade show, conference, convention or similar business meeting, that is held on those premises, of a bona fide national or statewide trade association that derives income from membership dues of Class "B" licensees. Taste samples may not be furnished under this paragraph at more than 2 such events of any one trade association per year. No fermented malt beverages brought on Class "B" premises under this paragraph may remain on those premises after the close of the trade show, conference, convention or business meeting.
125.33(2m)
(2m) Exception for golf course. Notwithstanding the prohibitions in
sub. (1), a wholesaler may have an interest in a corporation that owns and operates a golf course and leases premises on the golf course to the holder of a Class "B" license or permit for the premises, if the wholesaler's license and the Class "B" license or permit were originally issued to the corporation and to the Class "B" licensee or permittee before June 1, 1981. The wholesaler's license and the Class "B" license or permit shall be renewed annually upon application, unless revoked under
s. 125.12. An application for a wholesaler's license to which this subsection applies shall have attached to it an affidavit stating the applicant's interest in the Class "B" premises.
125.33(2s)
(2s) Exception for retail trade association contributions. Notwithstanding the prohibitions in
sub. (1), a brewer that produces 350,000 or more barrels of fermented malt beverages annually may contribute money or other things of value to a bona fide national or statewide trade association which derives its principle income from membership dues of Class "B" licensees.
125.33(3)
(3) Exemption for certain real estate. The restrictions contained in
sub. (1) do not apply to real estate owned in whole or part on May 24, 1941, by any brewer or wholesaler, directly or indirectly, or through or by a subsidiary or affiliate corporation, or by any officer, director, stockholder, partner or trustee for any of the foregoing, or upon which any of the foregoing held a valid lien on May 24, 1941, or to any real estate owned in whole or part by any of the foregoing upon which there is or may be a hotel of 100 or more rooms.
125.33(4)
(4) Commercial credit. Nothing in
sub. (1) affects the extension of usual and customary commercial credits for products of the fermented malt beverages industry actually sold and delivered.
125.33(5)
(5) Violations. Any licensee or permittee who is a party to any violation of
sub. (1) or who receives the benefits thereof shall be guilty of the violation.
125.33(6)
(6) Volume discounts to retailers. Wholesalers of fermented malt beverages shall charge the same price to all campuses and retail licensees and permittees making purchases in similar quantities. Any discount offered on fermented malt beverages shall be delivered to the retailer in a single transaction and single delivery, and on a single invoice.
125.33(7)
(7) Retail purchase credit restrictions. 125.33(7)(a)1.1. No fermented malt beverages retail licensee or permittee may:
125.33(7)(a)1.a.
a. Receive, purchase or acquire fermented malt beverages from any licensee except for cash or credit for a period of not more than 15 days.
125.33(7)(a)1.b.
b. Receive, purchase or acquire fermented malt beverages from any licensee or permittee if at the time of the receipt, purchase or acquisition he or she is indebted to any licensee or permittee for fermented malt beverages received, purchased, acquired or delivered more than 15 days earlier.
125.33(7)(a)2.
2. No campus or fermented malt beverage retail licensee or permittee may receive any fermented malt beverages on consignment or on any basis other than a bona fide sale.
125.33(7)(b)
(b)
Restrictions on issuance of licenses and permits. No Class "A" or Class "B" license or permit may be issued to a person having an indebtedness for fermented malt beverages outstanding for more than 15 days. In each application for a Class "A" or Class "B" license or permit, the applicant shall state whether he or she has indebtedness for fermented malt beverages to any licensee or permittee which has been outstanding for more than 15 days.
125.33(7)(c)
(c)
Wholesalers holding retail licenses and permits. For purposes of this subsection, a person holding both a fermented malt beverage wholesale license and a fermented malt beverage retail license is deemed a fermented malt beverage retailer.
125.33(7)(d)
(d)
Penalties. A retail licensee or permittee who violates this subsection is subject to the penalties under
s. 125.11 except that he or she may not be imprisoned. No brewer or wholesaler may be subjected to any penalty as the result of the sale of fermented malt beverages to a campus or retail licensee or permittee when purchased by the campus or retail licensee or permittee in violation of this subsection.
125.33(8)
(8) Exclusive sales by wholesaler. A wholesaler may not sell or offer to sell a brand of fermented malt beverages exclusively to one Class "A" licensee or to a group of Class "A" licensees affiliated through common ownership, management or control, unless the brand of fermented malt beverages is produced by a brewer which produces less than 300,000 barrels of fermented malt beverages in a calendar year.
125.33(9)
(9) Campuses and retailers to purchase from wholesalers. No campus or retail licensee or permittee may purchase or possess fermented malt beverages purchased from any person other than a wholesaler holding a license under this chapter for the sale of fermented malt beverages. Any person who violates this subsection may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
125.33 Annotation
Selective discount ban under 66.054 (8a) (i) [now 125.33 (6)] is constitutional. State v. Kay Distributing Co., Inc. 110 W (2d) 29, 327 NW (2d) 188 (Ct. App. 1982).
125.33 Annotation
Sub. (1) (a) prohibits person from having interest in real estate leased to Class "B" licensee while also being director, officer or shareholder of brewery.
77 Atty. Gen. 76.
INTOXICATING LIQUOR
125.51
125.51
Retail licenses and permits. 125.51(1)(a)(a) Every municipal governing body may grant and issue "Class A" and "Class B" licenses for retail sales of intoxicating liquor, and "Class C" licenses for retail sales of wine, from premises within the municipality to persons entitled to a license under this chapter as the issuing municipal governing body deems proper and may authorize an official or body of the municipality to issue temporary "Class B" licenses under
sub. (10). No "Class B" license may be issued to a winery under
sub. (3) (am) unless the winery has been issued a permit under
s. 125.53 and the winery is capable of producing at least 5,000 gallons of wine per year in no more than 2 locations.
125.51(1)(b)
(b) No member of the municipal governing body may sell or offer to sell to any person holding or applying for a license any bond, material, product or thing which may be used by the licensee in carrying on the business subject to licensure.
125.51(1)(c)1.1. Except as provided in
subd. 2., the municipal governing body, or the duly authorized committee of a city council, shall meet not later than May 15 annually, and be in session from day to day thereafter so long as may be necessary, for the purpose of acting upon license applications filed with it on or before April 15. The governing body or committee shall grant, issue or deny each application not later than June 15 for the ensuing license year. Licenses may be granted for issuance at a later date when the applicant has complied with all requirements for the issuance of the license. The governing body or committee may accept and act upon any application filed at any other time. The governing body or committee may not deny an application for renewal of an existing license unless a statement of the reason for the denial is included in its clerk's minutes.
125.51(1)(c)2.
2. The governing body of a 1st class city shall establish and publish notice of the dates on which it, or its duly authorized committee, will meet and act on license applications.
125.51(2)(a)(a) A "Class A" license authorizes the retail sale of intoxicating liquor for consumption off the premises where sold and in original packages and containers.
125.51(2)(b)
(b) Except as provided under
s. 125.69, "Class A" licenses may be issued to any person qualified under
s. 125.04 (5), except a person acting as an agent for or in the employ of another.
125.51(2)(c)
(c) "Class A" licenses shall particularly describe the premises for which issued and are not transferable, except as provided in
s. 125.04 (12).
125.51(2)(d)
(d) The annual fee for a "Class A" license shall be determined by the municipal governing body and shall be the same for all "Class A" licenses, except that the minimum fee is $50 and the maximum fee is $500.
125.51(3)(a)(a) A "Class B" license authorizes the retail sale of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. In addition, wine may be sold in the original package or container in any quantity to be consumed off the premises where sold. This paragraph does not apply in municipalities in which the governing body elects to come under
par. (b) or to a winery that has been issued a "Class B" license.
Paragraph (am) applies to all wineries that have been issued a "Class B" license.
125.51(3)(am)
(am) A "Class B" license issued to a winery authorizes the sale of wine to be consumed by the glass or in opened containers only on the premises where sold and also authorizes the sale of wine in the original package or container to be consumed off the premises where sold, but does not authorize the sale of fermented malt beverages or any intoxicating liquor other than wine.
125.51(3)(b)
(b) In all municipalities electing by ordinance to come under this paragraph, a retail "Class B" license authorizes the sale of intoxicating liquor to be consumed by the glass only on the premises where sold and also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed 4 liters at any one time, and to be consumed off the premises where sold. Wine, however, may be sold for consumption off the premises in the original package or otherwise in any quantity. This paragraph does not apply to a winery that has been issued a "Class B" license.
Paragraph (am) applies to all wineries that have been issued a "Class B" license.
125.51(3)(bm)
(bm) Notwithstanding
pars. (a) and
(b) and
s. 125.04 (3) (a) 3. and
(9), a "Class B" license authorizes a person operating a hotel to furnish a registered guest who has attained the legal drinking age with a selection of intoxicating liquor in the guest's room which is not part of the "Class B" premises. Intoxicating liquor furnished under this paragraph shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place must be capable of being locked. The cabinet, refrigerator or other secure storage place shall be locked, or the intoxicating liquor shall be removed from the room, when the room is not occupied and when intoxicating liquor is not being furnished under this paragraph. A key for the lock shall be supplied to a guest who has attained the legal drinking age upon request at registration. The hotel shall prominently display a price list of the intoxicating liquor in the hotel room. Intoxicating liquor may be furnished at the time the guest occupies the room, but for purposes of this chapter, the sale of intoxicating liquor furnished under this paragraph is considered to occur at the time and place that the guest pays for the intoxicating liquor. Notwithstanding
s. 125.68 (4) (c), the guest may pay for the intoxicating liquor at any time if he or she pays in conjunction with checking out of the hotel. An individual who stocks or accepts payment for alcohol beverages under this paragraph shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company or the holder of a manager's or operator's license or be supervised by one of those individuals.
125.51(3)(c)
(c) Except as provided under
s. 125.69, a "Class B" license may be issued to any person qualified under
s. 125.04 (5), except a person acting as an agent for or in the employ of another.
125.51(3)(d)
(d) "Class B" licenses shall particularly describe the premises for which issued and are not transferable, except as provided in
s. 125.04 (12).
125.51(3)(dm)
(dm) A municipality may issue a "Class B" license authorizing retail sales of intoxicating liquor on a railroad car while the railroad car is standing in a specified location in the municipality.
125.51(3)(e)
(e) The annual fee for a "Class B" license shall be determined by the municipal governing body and shall be the same for all "Class B" licenses, except that the minimum fee shall be $50 and the maximum fee shall be $500. The minimum fee shall not apply to licenses issued to bona fide clubs and lodges situated and incorporated in the state for at least 6 years.
125.51(3)(f)
(f) A "Class B" license may be issued only to a holder of a retail Class "B" license to sell fermented malt beverages unless the "Class B" license is the kind of "Class B" license specified under
par. (am).
125.51(3m)(a)(a) In this subsection "barroom" means a room that is primarily used for the sale or consumption of alcohol beverages.
125.51(3m)(b)
(b) A "Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold.
125.51(3m)(c)
(c) A "Class C" license may be issued to a person qualified under
s. 125.04 (5) for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which does not have a barroom if the municipality's quota under
sub. (4) prohibits the municipality from issuing a "Class B" license to that person. A "Class C" license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as agent for or in the employ of another.
125.51(3m)(d)
(d) A "Class C" license shall particularly describe the premises for which it is issued.
125.51(3m)(e)
(e) The annual fee for a "Class C" license shall be determined by the municipal governing body issuing the license. The fee shall not exceed $100 and shall be the same for all "Class C" licenses.
125.51(4)(a)1.
1. "License" means a retail "Class B" license issued under
sub. (3) but does not include a "Class B" license issued to wineries under
sub. (3) (am).
125.51(4)(a)2.
2. "Population" means the number of inhabitants in the previous year determined by the department of administration under
s. 16.96 (2) for purposes of revenue sharing distribution.
125.51(4)(a)3.
3. "Quota" means the number of licenses which a municipality may grant or issue.
125.51(4)(b)
(b) Except as provided in
pars. (c) and
(d), the quota of each municipality is the number of licenses issued in good faith by the municipality under s.
176.05 (21) (h), 1975 stats., plus whichever of the following is the largest:
125.51(4)(b)2.
2. The number of licenses lawfully issued and in force within the municipality on August 27, 1939.
125.51(4)(b)3.
3. The number of licenses lawfully issued and in force within the municipality in the previous year.
125.51(4)(b)4.
4. In the case of a village or city incorporated since August 27, 1939, one license per 500 population or fraction thereof at the time of incorporation.
125.51(4)(b)5.
5. In the case of any municipality incorporated or organized since August 27, 1939, the number of licenses lawfully issued and in force in the territory within the municipality at the time of incorporation or organization.
125.51(4)(c)
(c) If territory containing premises covered by a license is annexed to the municipality and if the municipality's quota would not otherwise allow licenses for the premises, the quota shall be increased to include a license for each premises in the annexed territory.
125.51(4)(d)
(d) Detachment of territory shall decrease the quota of the remainder of the municipality by the number of premises covered by licenses existing in the detached territory, except that detachment shall not decrease the quota of the remainder to less than one license per 500 persons or less than one license.
125.51(4)(f)
(f) Notwithstanding the quota of a town, licenses issued by the town under s.
176.05 (21) (k), 1979 stats., remain valid and may be renewed by the town board, but the town board may not issue any new "Class B" licenses until the total number of licenses is less than the quota.
125.51(4)(g)
(g) Notwithstanding the quota of a municipality, its governing body may, by a three-fourths vote of its members, issue a license limited to the sale of wine for consumption only on the premises to any person engaged in preserving a place of historic significance built during the state's first 5 years of statehood and operating the place as a restaurant.
125.51(4)(h)
(h) Notwithstanding the quota of a municipality, its governing body may, by a three-fourths vote of its members, issue a license to any restaurant existing on August 7, 1977, with a museum having permanent exhibition space open to the public at least 3 times the area of the restaurant, whether or not the museum existed on August 7, 1977.
125.51(4)(i)
(i) Notwithstanding the quota of the municipality, licenses issued under s.
176.05 (21) (h), 1979 stats., remain valid and may be renewed by the municipality.
125.51(4)(j)
(j) Each municipality that issues "Class B" licenses shall issue a "Class B" license to any club which, on June 30, 1982, held a "Class B" license issued by the department under s.
176.05 (4a), 1979 stats. Licenses issued under this paragraph shall be renewed annually, upon application, unless revoked under
s. 125.12. The quota of a municipality is permanently increased by the number of licenses it issues under this paragraph.
125.51(4)(k)
(k) Notwithstanding the quota of a town, the town board may issue a license to any of the following:
125.51(4)(k)1.
1. An outdoor theater operated by a professional repertory theater company most of whose productions consist of classical drama.
125.51(4)(k)2.
2. A conference center and restaurant used by the staff and patrons of a professional repertory theater company for lodging and meetings.
125.51(4)(L)
(L) Notwithstanding the quota of a town, the town board may issue a license to a person operating a ski chalet on property owned by the state.
125.51(4)(m)
(m) Notwithstanding the quota of a municipality, its governing body may, by a three-fourths vote of its members, issue a license to any restaurant with a museum having permanent exhibition space open to the public at least 3 times the area of the restaurant if the building housing the museum was built during the first 8 years of statehood or earlier.
125.51(4)(n)
(n) Notwithstanding its quota, a village may issue a license for a hotel owned by an American Indian tribe.
125.51(4)(o)
(o) Notwithstanding its quota, a village may issue a license for a motel located on a lake which is the headwaters of a river which is part of the border between this state and Minnesota.
125.51(4)(p)
(p) Notwithstanding its quota, a town which borders on a lake, is adjacent to a 2nd class city and is located in a county with a population of 300,000 or more may issue a license for a tavern which is covered by a Class "B" license on December 8, 1987, if the tavern is not located within 500 feet of a lake.
125.51(4)(q)
(q) Notwithstanding the quota of a municipality, its governing body may issue a license to persons conducting business at a racetrack, as defined in
s. 562.01 (12).
125.51(4)(r)
(r) Notwithstanding its quota, a village may issue a license to a post of a veteran's organization for a building that was rebuilt after being destroyed by a tornado.
125.51(4)(s)
(s) Notwithstanding the quota of a municipality, its governing body may issue a license to a restaurant and public golf course situated on at least 200 acres of land, if the restaurant and public golf course are located adjacent to STH 57.
125.51(4)(sm)
(sm) Notwithstanding the quota of a town, the town board may issue a license to a person who owns a building located at the intersection of STH 11 and STH 80 in Grant county, if the person had a license under
sub. (3) issued to him or her previously.
125.51(4)(t)1.1. Notwithstanding the quota of a municipality, its governing body may issue a license to a restaurant that was established in 1949 and is located on STH 42 across from a town park.
