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(11)
(11) Source of fermented malt beverages. 125.33(11)(a)(a) No wholesaler who holds a retail license issued under this chapter may sell a brand of fermented malt beverages to another retail licensee unless the wholesaler has an agreement for general wholesale distribution of that brand of fermented malt beverages with the brewer, brewer's agent or holder of an out-of-state shipper's permit supplying that brand.
125.33(11)(b)
(b) If a wholesaler who holds a retail license issued under this chapter violates
par. (a), any other wholesaler aggrieved by such violation or the brewer may bring an action against such wholesaler in any court of competent jurisdiction for damages sustained by the aggrieved wholesaler or the brewer as a consequence of the violation, together with the actual costs of the action. Notwithstanding
s. 814.04 (1), a wholesaler or the brewer who prevails in an action under this paragraph may recover reasonable actual attorney fees incurred in the action.
125.33 History
History: 1981 c. 79,
202;
1983 a. 26,
67,
68,
182,
192,
538;
1985 a. 15,
135;
1987 a. 308;
1989 a. 31,
253;
1991 a. 39;
1993 a. 112,
301;
1995 a. 320;
1997 a. 132,
166.
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)1.1. Except as provided in
subds. 2. and
3., the annual fee for a "Class B" license shall be established 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 does 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)(e)2.
2. Each municipal governing body shall establish the fee, in an amount not less than $10,000, for an initial issuance of a reserve "Class B" license, as defined in
sub. (4) (a) 4., except that the fee for an initial issuance of a reserve "Class B" license to a bona fide club or lodge situated and incorporated in the state for at least 6 years is the fee established under
subd. 1. for such a club or lodge. The fee under this subdivision is in addition to any other fee required under this chapter. The annual fee for renewal of a reserve "Class B" license, as defined in
sub. (4) (a) 1., is the fee established under
subd. 1.
125.51(3)(e)3.
3. Each municipal governing body shall establish the annual fee for a "Class B" license issued under
sub. (4) (v). The initial fee may be different from the annual fee to renew the license.
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)(a)4.
4. "Reserve "Class B" license" means a license that is not granted or issued by a municipality on December 1, 1997, and that is counted under
par. (br).
125.51(4)(am)
(am) No municipality may issue a license that would cause the municipality to exceed its quota.
125.51(4)(b)
(b) The quota of each municipality is the sum of the following:
125.51(4)(b)1g.
1g. The number of licenses granted or issued in good faith by the municipality and in force on December 1, 1997.
125.51(4)(bm)
(bm) The clerk of each municipality shall record the municipality's population, as defined in
par. (a) 2., and the number of licenses:
125.51(4)(br)1.1. Except as provided in
subd. 2., the number of reserve "Class B" licenses authorized to be issued by a municipality shall be determined as follows:
125.51(4)(br)1.c.
c. Divide the result under
subd. 1. b. by 2, except that if the result is not a whole number round the quotient down to the nearest whole number.
125.51(4)(br)1.e.
e. Add one license per each increase of 500 population or fraction thereof to the population recorded under
par. (bm).
125.51(4)(br)2.
2. Notwithstanding
subd. 1., if the difference between the number of licenses determined under
par. (b) 1g. and under
par. (bm) 1. is 3 or fewer, the number of reserve "Class B" licenses authorized to be issued by that municipality is the difference between the number of licenses determined under
par. (b) 1g. and under
par. (bm) 1., plus one per each increase of 500 population or fraction thereof to the population recorded under
par. (bm).
125.51(4)(v)
(v) Notwithstanding
par. (am), if a municipality has granted or issued a number of licenses equal to or exceeding its quota, the municipal governing body may issue a license for any of the following:
125.51(4)(v)1.
1. A full-service restaurant that has a seating capacity of 300 or more persons.
125.51(4)(v)2.
2. A hotel that has 100 or more rooms of sleeping accommodations and that has either an attached restaurant with a seating capacity of 150 or more persons or a banquet room in which banquets attended by 400 or more persons may be held.
125.51(5)(a)1.1. The department shall issue "Class B" permits to clubs that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs which are operated solely for curling, ski jumping or yachting. A "Class B" permit may be issued only to a club that holds a valid certificate issued under
s. 73.03 (50), that is not open to the general public and that is located in a municipality that does not issue "Class B" licenses or to a club located in a municipality that issues "Class B" licenses, if the club holds a valid certificate issued under
s. 73.03 (50), is not open to the general public, was not issued a license under s.
176.05 (4a), 1979 stats., and does not currently hold a "Class B" license. The permits may be issued by the department without regard to any local option exercised under
s. 125.05 and without regard to any quota under
sub. (4). The holder of a "Class B" permit may sell intoxicating liquor for consumption by the glass and not in the original package or container on the premises covered by the permit.
125.51(5)(a)2.
2. Except as provided in this paragraph, all sections of this chapter applying to retail "Class B" licenses apply to "Class B" permits issued under this paragraph.
125.51(5)(a)3.
3. "Class B" permits may be issued only to a club which has occupied the premises upon which it is located for a period of at least 6 months prior to the date of application.
125.51(5)(a)4.
4. The department may annually issue a "Class B" permit to any club that holds a valid certificate issued under
s. 73.03 (50), is organized to engage in sports similar to curling, golf, tennis or yachting and that held a license from July 1, 1950, to June 30, 1951, as long as it is continuously operated under substantially the same circumstances under which it operated during the year beginning July 1, 1950, if the club is located in a municipality that does not issue "Class B" licenses.
125.51(5)(b)1.a.
a. "Arena" means a public building with a capacity of 4,000 or more persons used principally for the conduct of sports events.
125.51(5)(b)1.b.
b. "Coliseum" means a public multipurpose facility designed for activities of the public, which may include but are not limited to sports events, trade shows, conventions, seminars, concerts, banquets and fairs.
125.51(5)(b)1.c.
c. "Concessionaire" means a person designated by resolution of the governing body of a county or municipality owning an airport or public facility to operate premises in the airport or public facility.
125.51(5)(b)1.d.
d. "Public facility" means an arena, coliseum, related exposition facilities or center for the performing or visual arts.
125.51(5)(b)1.e.
e. "Related exposition facility" means buildings constructed on the same grounds as a coliseum and used for the same or ancillary functions.
125.51(5)(b)2.
2. The department shall issue a "Class B" permit to a concessionaire that holds a valid certificate issued under
s. 73.03 (50) and that conducts business in an operating airport or public facility, if the county or municipality which owns the airport or public facility has, by resolution of its governing body, annually applied to the department for the permit. The permit authorizes the sale of intoxicating liquor for consumption by the glass and not in the original package or container on the premises.
125.51(5)(b)3.
3. Except as provided in this paragraph, all sections of this chapter relating to "Class B" licenses apply to "Class B" permits issued under this paragraph.
125.51(5)(b)4.
4. The department may not issue a permit under this paragraph to any county or municipality or officer or employe thereof.
125.51(5)(c)1.1. The department may issue a "Class B" permit to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5) authorizing the sale of intoxicating liquor for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under
s. 29.001 (45) and
(63) if the vessel either serves food and has an approved passenger capacity of not less than 40 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of all of the food and beverages served on the vessel or if the vessel has an approved passenger capacity of at least 100 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of the vessel. The department may issue the permit only if the vessel leaves its place of mooring while the sale of intoxicating liquor is taking place and if the vessel fulfills the requirement under
par. (c) 1m. A permit issued under this subdivision also authorizes the permittee to store intoxicating liquor purchased for sale on the vessel on premises owned or leased by the permittee and located near the vessel's regular place of mooring. The permittee shall describe on the permit application under
s. 125.04 (3) (a) 3. the premises where the intoxicating liquor will be stored. The premises shall be open to inspection by the department upon request.
125.51(5)(c)1m.
1m. An applicant for a permit under
par. (a) shall provide proof that the vessel is certified by the U.S. coast guard, classed by the American bureau of shipping or covered by liability insurance.
125.51(5)(c)3.
3. Except as provided in this paragraph, all provisions of this chapter applying to "Class B" licenses apply to "Class B" permits issued under
subd. 1.
125.51(5)(c)4.
4. A person holding a permit under
subd. 1. shall keep all invoices relating to the purchase of intoxicating liquor for sale on a vessel at the location where the intoxicating liquor is customarily stored.
