125.02(12)
(12) "Peace officer" means a sheriff, undersheriff, deputy sheriff, police officer, constable, marshal, deputy marshal or any employee of the department or of the department of justice authorized to act under this chapter.
125.02(13)
(13) "Permit" means any permit issued by the department under this chapter.
125.02(14)
(14) "Person" means a natural person, sole proprietorship, partnership, limited liability company, corporation or association or the owner of a single-owner entity that is disregarded as a separate entity under
ch. 71.
125.02(14m)
(14m) "Premises" means the area described in a license or permit.
125.02(15)
(15) "Primary source of supply" means the manufacturer, the rectifier or the exclusive agent designated by the manufacturer or rectifier.
125.02(15m)
(15m) "Principal business" means the primary activity as determined by analyzing the amount of capital, labor, time, attention and floor space devoted to each business activity and by analyzing the sources of net income and gross income. The name, appearance and advertising of the entity may also be taken into consideration if they are given less weight.
125.02(16)
(16) "Rectifier" means any one of the following:
125.02(16)(a)
(a) A person that rectifies, purifies or refines distilled spirits or wines by any process other than by original and continuous distillation from mash, wort or wash, through continuous closed vessels or pipes, until the manufacture thereof is complete.
125.02(16)(b)
(b) A person who possesses any still or leach tub or keeps any other apparatus for refining distilled spirits.
125.02(16)(c)
(c) A person who after rectifying and purifying distilled spirits, by mixing such spirits with any materials, manufactures any spurious, imitation or compound liquors for sale.
125.02(16)(d)
(d) A distiller or any person under substantially the same control as a distiller who, without rectifying, purifying or refining distilled spirits, by mixing such spirits with any materials, manufactures any spurious, imitation or compound liquors for sale under the name of "whiskey", "brandy", "gin", "rum", "spirits", "cordials" or any other name.
125.02(16)(e)
(e) A person who places intoxicating liquor in bottles or other containers.
125.02(17)
(17) "Regulation" means any rule or ordinance adopted by a municipal governing body.
125.02(19)
(19) "Retailer" means any person who sells, or offers for sale, any alcohol beverages to any person other than a person holding a permit or a license under this chapter.
125.02(20)
(20) "Sell", "sold", "sale" or "selling" means any transfer of alcohol beverages with consideration or any transfer without consideration if knowingly made for purposes of evading the law relating to the sale of alcohol beverages or any shift, device, scheme or transaction for obtaining alcohol beverages, including the solicitation of orders for, or the sale for future delivery of, alcohol beverages.
125.02(20m)
(20m) "Underage person" means a person who has not attained the legal drinking age.
125.02(21)
(21) "Wholesaler" means a person, other than a brewer, manufacturer or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit or license to sell alcohol beverages at wholesale.
125.02(22)
(22) "Wine" means products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain 0.5% or more of alcohol by volume.
125.02 Annotation
Country clubs opening any part of their facilities to the general public lose their eligibility for "country club" liquor or beer licenses. 69 Atty. Gen. 248.
125.03
125.03
Department rule making. 125.03(1)
(1)
Rules. The department, in furtherance of effective control, may promulgate rules consistent with this chapter and
ch. 139.
125.03(2)
(2) Containers. The department may by rule prescribe the standard size, form or character of any container in which intoxicating liquor may be sold in this state except that the department may not set the size of containers in which intoxicating liquor, except wine containing not more than 21% of alcohol by volume, may be sold at a capacity greater than 1.75 liters (59.1752 fluid ounces).
125.03(3)
(3) Violations. No person may violate a rule promulgated under
sub. (1) or
(2).
125.03 History
History: 1981 c. 79,
1989 a. 253.
125.03 Cross-reference
Cross Reference: See also s.
Tax 8.41, Wis. adm. code.
125.035
125.035
Civil liability exemption: furnishing alcohol beverages. 125.035(2)
(2) A person is immune from civil liability arising out of the act of procuring alcohol beverages for or selling, dispensing or giving away alcohol beverages to another person.
125.035(3)
(3) Subsection (2) does not apply if the person procuring, selling, dispensing or giving away alcohol beverages causes their consumption by force or by representing that the beverages contain no alcohol.
125.035(4)(a)(a) In this subsection, "provider" means a person, including a licensee or permittee, who procures alcohol beverages for or sells, dispenses or gives away alcohol beverages to an underage person in violation of
s. 125.07 (1) (a).
125.035(4)(b)
(b) Subsection (2) does not apply if the provider knew or should have known that the underage person was under the legal drinking age and if the alcohol beverages provided to the underage person were a substantial factor in causing injury to a 3rd party. In determining whether a provider knew or should have known that the underage person was under the legal drinking age, all relevant circumstances surrounding the procuring, selling, dispensing or giving away of the alcohol beverages may be considered, including any circumstance under
subds. 1. to
4. In addition,
sub. (2) does apply if all of the following occur:
125.035(4)(b)1.
1. The underage person falsely represents that he or she has attained the legal drinking age.
125.035(4)(b)2.
2. The underage person supports the representation with documentation that he or she has attained the legal drinking age.
125.035(4)(b)3.
3. The alcohol beverages are provided in good faith reliance on the underage person's representation that he or she has attained the legal drinking age.
125.035(4)(b)4.
4. The appearance of the underage person is such that an ordinary and prudent person would believe that he or she had attained the legal drinking age.
125.035(5)
(5) Subsection (2) does not apply to civil forfeiture actions for violation of any provision of this chapter or any local ordinance in conformity with any provision of this chapter.
125.035 History
History: 1985 a. 47.
125.035 Annotation
Whether an alleged activity arising out of the act of procuring alcohol is a tort itself, a conspiracy to commit a tort, or aiding and abetting a tort, this section provides immunity. Greene v. Farnsworth,
188 Wis. 2d 365,
525 N.W.2d 107 (Ct. App. 1994).
125.035 Annotation
The distinction that this statute draws between providers of alcohol to underage and other drinkers does not violate the constitutional guarantees of equal protection. Doering v. WEA Ins. Group,
193 Wis. 2d 118,
532 N.W.2d 432 (1995).
125.035 Annotation
A person who provides alcohol to an underage person, when the alcohol is a substantial factor in causing injury to a third party, is not immune from liability in a suit by that third party solely because that third party, also underage, illegally consumed alcohol. Miller v. Thomack,
204 Wis. 2d 242,
555 N.W.2d 130 (Ct. App. 1996).
125.035 Annotation
An individual who provides alcohol to an underage person that is a substantial factor in causing an accident that ultimately injures the individual cannot be a third party under sub. (4) (b) and cannot take advantage of the exception to immunity for providers of alcohol in order to pursue an action against other providers. Meier v. Champ's Sport Bar & Grill, Inc. 2001 WI 20,
241 Wis. 2d 605,
623 N.W.2d 94.
125.035 Annotation
A person who agreed to be a designated driver, freeing a bartender to serve a possibly intoxicated person more alcohol, brought about the acquisition of the alcohol, "procuring" it for purposes of sub. (2), but was immune from liability when he later did not provide a ride and the intoxicated person drove and caused a fatal collision. Stephenson v. Universal Metrics, Inc. 2002 WI 30,
251 Wis. 2d 171,
641 N.W.2d 158.
125.035 Annotation
Liquor Vendors and Social Hosts: Are They Immune From Civil Liability? Chapin. Wis. Law. Dec. 1992.
125.035 Annotation
Liquor Vendors and Social Hosts: Are They Still Immune from Serving Adults? Chapin. Wis. Law. Dec. 1995.
125.035 Annotation
Another Look at Dram Shop Liability. Emerson & Stroebel. Wis. Law. Aug. 2000.
125.037
125.037
Civil liability exemption for municipalities. No municipality, as defined in
s. 67.01 (5), or municipal governing body, committee, official or employee is civilly liable for damage to any person or property caused by the consumption of alcohol beverages by that person or any other person, by reason of any of the following:
125.037(1)
(1) Issuing a license to sell alcohol beverages.
125.037(2)
(2) Allowing the holder of a license or permit to sell, dispense or give away alcohol beverages on property owned or leased by the municipality.
125.037(3)
(3) Failing to monitor or supervise the activities of the licensee or permittee.
125.037 History
History: 1985 a. 47;
1989 a. 253.
125.039
125.039
Civil liability exemption for retaining proofs of age. No person who holds a license or permit and no employee of such a person is civilly liable for retaining a document presented as proof of age for a reasonable length of time in a good faith effort to determine whether the person who presented the document is an underage person or to notify a law enforcement authority of a suspected violation of
s. 125.085 (3) (a) or
(b).
125.039 History
History: 1997 a. 27.
125.04
125.04
General licensing requirements. 125.04(1)
(1)
License or permit; when required. No person may sell, manufacture, rectify, brew or engage in any other activity for which this chapter provides a license, permit, or other type of authorization without holding the appropriate license, permit or authorization issued under this chapter.
125.04(2)
(2) Licenses or permits issued in violation of chapter. No license or permit may be issued to any person except as provided in this chapter. Any license or permit issued in violation of this chapter is void.
125.04(3)
(3) Applications for licenses and permits. 125.04(3)(a)(a)
Contents. The department shall prepare an application form for each kind of license, other than a manager's or operator's license, and for each kind of permit issued under this chapter. Each form shall require all of the following information:
125.04(3)(a)1.
1. A history of the applicant relevant to the applicant's fitness to hold a license or permit.
125.04(3)(a)2.
2. The kind of license or permit for which the applicant is applying.
125.04(3)(a)3.
3. The premises where alcohol beverages will be sold or stored or both.
125.04(3)(a)4.
4. If the applicant is a corporation, the identity of the corporate officers and agent.
125.04(3)(a)4L.
4L. If the applicant is a limited liability company, the identity of the company members or managers and agent.
125.04(3)(b)
(b)
Application for renewing. The department may prepare a simplified application form for renewal of each kind of license or permit which requires only information pertinent to renewal.
125.04(3)(c)
(c)
Distribution. The department shall make one copy of each kind of license application that it prepares available to each municipality.
125.04(3)(d)1.1. An application form prepared by the department shall be used by each applicant for a permit.
125.04(3)(d)2.
2. A replica of an application form prepared by the department shall be used by each applicant for a license, other than a manager's or operator's license.
125.04(3)(e)1.1. Each application for a license, other than a manager's or operator's license, shall be sworn to by the applicant. The applicant shall file the application for a license with the municipal clerk of the intended place of sale.
125.04(3)(e)2.
2. The applicant shall file the application for a permit with the department.
125.04(3)(f)1.1. Except as provided in
subds. 2. and
3., all applications for licenses to sell alcohol beverages shall be filed with the clerk of the municipality in which the premises are located at least 15 days prior to the granting of the license.
125.04(3)(f)2.
2. In counties having a population of 500,000 or more, the governing body of the municipality shall establish the time, prior to the granting of a license, by which an application shall be filed with the clerk.
125.04(3)(f)3.
3. For licenses issued under
s. 125.26 (6) for a picnic or other gathering lasting less than 4 days, the governing body of the municipality shall establish the time, prior to the granting of a license, by which an application shall be filed with the clerk.
125.04(3)(g)
(g)
Publication of application for license. The municipal clerk shall publish each application for a Class "A", Class "B", "Class A", "Class B" or "Class C" license, except licenses under
ss. 125.26 (6) and
125.51 (10), prior to its issuance in a newspaper according to the following conditions:
125.04(3)(g)1.
1. The publication shall include the name and address of the applicant, the kind of license applied for and the location of the premises to be licensed.
125.04(3)(g)2.
2. The newspaper utilized for publication shall have been regularly published, on a daily or weekly basis for a period of not less than 2 years before the date of publication in the municipality in which is located the premises to be licensed.
125.04(3)(g)3.
3. If the municipality in which the premises is located has no newspaper, the newspaper utilized for publication shall be one having circulation in the municipality and designated by the governing body. If no designation is made, publication shall be in the newspaper having the largest circulation in the municipality.
125.04(3)(g)4.
4. The newspaper utilized for publication shall be one that is published on a daily basis, except that a weekly newspaper may be utilized if a daily newspaper is not published in the municipality.
125.04(3)(g)5.
5. The publication shall be printed in a daily newspaper on 3 successive occasions, or if a weekly newspaper is utilized, it shall be printed at least once.
125.04(3)(g)6.
6. At the time the application is filed, the applicant shall pay to the clerk the cost of publication as determined under
s. 985.08.
125.04(3)(h)
(h)
Subsequent changes. Within 10 days of any change in any fact set out in an application for a license or permit to sell alcohol beverages, the licensee or permittee shall file with the issuing authority a written description of the changed fact.
125.04(3)(i)1.1. Any person may inspect applications for licenses to sell alcohol beverages.
