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.
125.51(7)
(7) Sales in name of licensee or permittee. Every holder of a retail license or permit for the sale of intoxicating liquor shall purchase, advertise and sell intoxicating liquor in the holder's name and under the holder's license or permit only.
125.51 Cross-reference
Cross Reference: See also s.
Tax 8.61, Wis. adm. code.
125.51(8)
(8) Connecting premises. Except in the case of hotels, no person may hold both a "Class A" license and either a "Class B" license or permit, a Class "B" license or permit or a "Class C" license for the same premises or for connecting premises. Except for hotels, if either type of license or permit is issued for the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.
125.51(9)
(9) Licenses for less than one year. 125.51(9)(a)(a) A license may be issued after July 1 in any license year. The license shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions thereof remaining until the following June 30.
125.51(9)(b)
(b) Licenses valid for 6 months may be issued at any time. The fee for the license shall be 50% of the annual license fee. The license may not be renewed during the calendar year in which issued.
125.51(10)
(10) Temporary licenses. Notwithstanding
s. 125.68 (3), temporary "Class B" licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least 6 months before the date of application and to posts of veterans' organizations authorizing the sale of wine in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The amount of the fee for the license shall be $10, except that no fee may be charged to a person who at the same time applies for a temporary Class "B" license under
s. 125.26 (6) for the same event. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of wine from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of wine from the stands while the fair is being held. Not more than 2 licenses may be issued under this subsection to any club, county or local fair association, agricultural association, church, lodge, society or veterans' post in any 12-month period.
125.51 History
History: 1981 c. 79,
202,
220;
1983 a. 27 ss.
1489c,
2202 (38);
1983 a. 250,
516;
1985 a. 74,
239,
302;
1987 a. 27,
91,
103,
249,
354,
399;
1989 a. 16,
30,
31,
252,
253,
359;
1991 a. 39;
1993 a. 112;
1995 a. 27;
1997 a. 27,
41,
248,
259;
1999 a. 9,
185;
2001 a. 16,
49.
125.51 Annotation
A city ordinance allowing a recipient of a new Class B license who pays the $10,000 fee under sub. (3) (e) 2. to apply for a $10,000 economic development grant from the city was not barred by the statute or constitution. Alexander v. City of Madison, 2001 WI App 208,
247 Wis. 2d 576,
634 N.W.2d 577.
125.52
125.52
Manufacturers' and rectifiers' permits. 125.52(1)(1)
Authorized activities. The department shall issue manufacturers' and rectifiers' permits which authorize the manufacture or rectification, respectively, of intoxicating liquor on the premises covered by the permit. A person holding a manufacturer's or rectifier's permit may manufacture, bottle or wholesale wine, pursuant to the terms of the permit, without procuring a winery permit. A manufacturer's or rectifier's permit entitles the permittee to sell intoxicating liquor from the premises described in the permit. Holders of rectifiers' permits may sell intoxicating liquor rectified by the permittee to retailers without any other permit. No sales may be made for consumption on the premises of the permittee. Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wines brought into this state under
s. 139.03 (5).
125.52(2)
(2) Limited manufacturer's permit. The department shall issue a limited manufacturer's permit which authorizes the use or sale of the intoxicating liquor produced only if it is rendered unfit for use as a beverage and is used or sold for use as fuel. The department shall notify the department of natural resources of the name and address of any person to whom a limited manufacturer's permit is issued.
125.52(3)
(3) Persons eligible. Except as provided under
s. 125.69, a manufacturer's or rectifier's permit may be issued to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5), except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another. Notwithstanding
s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.
125.52(6)
(6) Sales area. No rectifier may sell any intoxicating liquor before filing with the department a written statement that the permittee is a distributor of a particular brand in this state, or an area of this state, and that the sales of that brand by the permittee and anyone purchasing from the permittee will be limited to the area specified. The rectifier shall inform the department of any change in the area within 7 days of the effective date of the change.
125.52(7)
(7) Multiple permits. Not more than 2 manufacturers' or 2 rectifiers' permits may be issued to any one person. In each application for a manufacturer's or rectifier's permit, the applicant shall state that application has not been made for more than one other manufacturer's or rectifier's permit.
125.52(8)
(8) Sales to individuals in other states. A permittee under this section that ships wine from this state to individuals in another state under authorization of a reciprocal agreement specified in
s. 139.035 shall submit a report to the department, by January 31 of each year, on forms furnished by the department. The report shall include the identity, quantity, and price of all products shipped during the previous calendar year from this state to individuals in another state under authorization of a reciprocal agreement specified in
s. 139.035. The report shall also include the name, address, and birthdate of each person who purchased these products and each person to whom these products were shipped. The department shall keep confidential, in the same manner required for tax returns under
s. 71.78 (1),
(4), and
(5) to
(8), reports submitted under this subsection.
125.52 Cross-reference
Cross Reference: See also s.
Tax 8.22, Wis. adm. code.
125.53(1)(1) The department shall issue only to a manufacturing winery in this state that holds a valid certificate issued under
s. 73.03 (50) a winery permit authorizing the manufacture and bottling of wine on the premises covered by the permit for sale at wholesale to other licensees or permittees. A permittee under this section may offer on the premises taste samples of wine manufactured on the premises to persons who have attained the legal drinking age. A permittee under this section may also have either a "Class A" or "Class B" license, but not both. If a "Class A" or "Class B" liquor license has also been issued to the winery, the winery may offer the taste samples on the "Class A" or "Class B" premises.
125.53(2)
(2) Winery permits may be issued to any person except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another.
125.53(3)
(3) A permittee under this section that ships wine from this state to individuals in another state under authorization of a reciprocal agreement specified in
s. 139.035 shall submit a report to the department, by January 31 of each year, on forms furnished by the department. The report shall include the identity, quantity, and price of all products shipped during the previous calendar year from this state to individuals in another state under authorization of a reciprocal agreement specified in
s. 139.035. The report shall also include the name, address, and birthdate of each person who purchased these products and each person to whom these products were shipped. The department shall keep confidential, in the same manner required for tax returns under
s. 71.78 (1),
(4), and
(5) to
(8), reports submitted under this subsection.
125.53 Cross-reference
Cross Reference: See also s.
Tax 8.22, Wis. adm. code.
125.54
125.54
Wholesalers' permits. 125.54(1)
(1)
Authorized activities. The department shall issue wholesalers' permits authorizing the permittee to sell intoxicating liquor at wholesale from the premises described in the permit. Except as provided under
s. 125.69 (1) (b) 3., the permittee may not sell intoxicating liquor for consumption on the premises. If a wholesale permit is issued to a brewery that holds a "Class B" license, the permit shall authorize the wholesale sale of wine only. Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wine brought into this state under
s. 139.03 (5).
125.54(2)
(2) Persons eligible. Except as provided under
s. 125.69, a wholesaler's permit may be issued to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5), except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another. Notwithstanding
s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.
125.54(5)
(5) Sales area. No wholesaler may sell any intoxicating liquor before filing with the department a written statement that the permittee is a distributor of a particular brand in this state, or an area of this state, and that the sales of that brand by the permittee and anyone purchasing from the permittee will be limited to the area specified. The permittee shall notify the department of any change in the area within 7 days of the effective date of the change.
125.54(6)
(6) Multiple permits. Not more than 2 wholesalers' permits may be issued to any one person. In each application for a wholesaler's permit, the applicant shall state that application has not been made for more than one other wholesaler's permit.
125.54 Cross-reference
Cross Reference: See also s.
Tax 8.22, Wis. adm. code.
125.54 Annotation
Section 176.05 (1a) (b) [now s. 125.54 (5)] does not prohibit a wholesaler from selling to a retailer located outside an area described in an area statement provided that the sale takes place within that area. 70 Atty. Gen. 258.
125.55
125.55
Combination permits. 125.55(1)(1) The department may issue the following combination permits:
125.55(1)(a)
(a) A combination manufacturer's and rectifier's permit.
125.55(1)(b)
(b) A combination rectifier's and wholesaler's permit.
125.55(2)
(2) A combination manufacturer's and wholesaler's permit may not be issued.
125.55 History
History: 1981 c. 79;
1995 a. 27.
125.56
125.56
Sacramental wine. 125.56(1)(1)
Authorization to sell. Any person holding a permit under
s. 125.52 (1),
125.53 or
125.54 may sell sacramental wine directly to persons holding permits under
sub. (2).
125.56(2)(a)(a) The department shall issue sacramental wine permits to organized religious bodies authorizing them to purchase for their own use sacramental wine from any permittee under
s. 125.52 (1),
125.53 or
125.54. A permit under this subsection does not authorize the resale of sacramental wine by the permittee.
125.56(2)(b)
(b) No sacramental wine permit may be issued to a person acting as an agent for or in the employ of another.
125.56(2)(c)
(c) Shipments of sacramental wine shall be conspicuously labeled "for sacramental purposes" and shall meet any other requirements the department prescribes by rule.
125.56 History
History: 1981 c. 79;
1983 a. 516 s.
8.
125.58
125.58
Out-of-state shippers' permit; exception to requirement. 125.58(1)(1) The department shall issue out-of-state shippers' permits which authorize persons located outside this state to sell or ship intoxicating liquor into this state. Except as provided under
sub. (4), intoxicating liquor may be shipped into this state only to a person holding a manufacturer's, rectifier's, wholesaler's, industrial alcohol or medicinal alcohol permit. Except as provided under
sub. (4), a separate out-of-state shipper's permit is required for each location from which any intoxicating liquor is sold or shipped into this state, including the location from which the invoices are issued for the sales or shipments. Any person holding an out-of-state shipper's permit issued under this section may solicit orders for sales or shipments by the permittee without obtaining the sales solicitation permit required by
s. 125.65, but every agent, salesperson or other representative who solicits orders for sales or shipments by an out-of-state shipper shall first obtain a permit for soliciting orders under
s. 125.65. No holder of an out-of-state shipper's permit issued under this section may sell intoxicating liquor in this state or ship intoxicating liquor into this state unless the out-of-state shipper is the primary source of supply for that intoxicating liquor.
125.58(2)
(2) Out-of-state shippers' permits may be issued only to a person who holds a valid certificate issued under
s. 73.03 (50), but may not be issued to a person acting as an agent for or in the employ of another. 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 eligible 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.
125.58(4)(a)(a) A winery located outside of this state may ship wine into this state as provided under
s. 125.68 (10) (bm) if all of the following apply:
125.58(4)(a)1.
1. The winery is located in a state that has a reciprocal agreement with this state under
s. 139.035.
125.58(4)(a)2.
2. The winery holds a valid business tax registration certificate issued under
s. 73.03 (50). Notwithstanding
s. 73.03 (50), the department shall charge an annual fee of $10 for this registration.
125.58(4)(a)3.
3. The winery submits to the department, with any initial application or renewal for a certificate under
s. 73.03 (50), a copy of any current license, permit, or authorization issued to the winery by any state from which the winery will ship wine into this state.
125.58(4)(a)4.
4. The winery submits a report to the department, by January 31 of each year, on forms furnished by the department, providing the identity, quantity, and price of all products shipped into this state during the previous calendar year, along with the name, address, and birthdate of each person who purchased these products and each person to whom these products were shipped. The department shall keep confidential, in the same manner required for tax returns under
s. 71.78 (1),
(4), and
(5) to
(8), reports submitted under this subdivision.
125.58(4)(b)
(b) An out-of-state shipper's permit is not required for shipments into this state under this subsection.
125.58 Cross-reference
Cross Reference: See also ss.
Tax 8.24,
8.35 and
8.61, Wis. adm. code.
125.60
125.60
Wholesale alcohol permit. 125.60(1)
(1) The department may issue a wholesale alcohol permit which authorizes the permittee to sell ethyl alcohol of 190 proof or more to persons holding permits or licenses issued under
s. 125.61 or
125.62. Nothing in this section requires manufacturers, rectifiers and wholesalers holding permits issued under
s. 125.52 (1) or
125.54 to obtain a wholesale alcohol permit.
125.60(2)
(2) Wholesale alcohol permits may be issued to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5), except a person acting as an agent for or in the employ of another. 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.
125.60(3)
(3) Holders of wholesale alcohol permits who do not hold permits issued under
s. 125.52 (1) or
125.54 are exempt from
s. 125.65 as it relates to special permits for agents or representatives of wholesale alcohol permit holders.
125.60(4)
(4) Holders of wholesale alcohol permits under this section who do not hold permits issued under
s. 125.52 (1) or
125.54 may sell or deal in ethyl alcohol, except that no alcohol may be sold for consumption on the premises of the permittee.
125.61
125.61
Medicinal alcohol permit. 125.61(1)
(1) The department may issue a medicinal alcohol permit which authorizes the permittee to purchase and use alcohol for medicinal purposes only. The permit may be issued only to persons who prove to the department that they use alcohol for medicinal purposes.
125.61(2)
(2) Medicinal alcohol permits 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. 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.
125.61(3)
(3) Shipments of medicinal alcohol shall be conspicuously labeled "for medicinal purposes" and shall meet other requirements which the department prescribes by rule.
125.61(4)
(4) A medicinal permit shall be issued free of charge by the department and is not subject to
s. 125.04 (11) (a).
125.61 History
History: 1981 c. 79;
1983 a. 516 s.
8;
1993 a. 259.
125.62
125.62
Industrial alcohol permit. 125.62(1)
(1) The department may issue an industrial alcohol permit which authorizes the permittee to purchase and use alcohol for industrial purposes only. Such permits may be issued only to persons who prove to the department that they use alcohol for industrial purposes.
125.62(2)
(2) Industrial alcohol permits may be issued to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5), except a person acting as agent for or in the employ of another. 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.
125.62(3)
(3) Shipments of industrial alcohol shall be conspicuously labeled "for industrial purposes" and shall meet other requirements which the department prescribes by rule.
125.63
125.63
Industrial wine permit. 125.63(1)
(1) The department may issue an industrial wine permit which authorizes the purchase and use of wine for industrial purposes only. An industrial wine permit may be issued only to persons who prove to the department that they use wine for industrial purposes.
125.63(2)
(2) Industrial wine permits may be issued to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5), except a person acting as an agent for or in the employ of another. 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.
125.63(3)
(3) Shipments of industrial wine shall be conspicuously labeled "for industrial purposes" and shall meet other requirements which the department prescribes by rule.
125.65
125.65
Permit to solicit for future sales. 125.65(1)
(1) The department may issue a permit for wholesale sales for future delivery which authorizes the permittee to solicit orders, and to engage in the sale, of intoxicating liquor for delivery at a future date. A person holding a permit under this section may give a sample of a brand of intoxicating liquor to a "Class A" licensee who has not previously purchased that brand from the permittee.
125.65(2)
(2) Permits for wholesale sale for future delivery may be issued to any person who holds a valid certificate issued under
s. 73.03 (50), who is qualified under
s. 125.04 (5) (a) 1. and
(b) and who is at least 18 years of age.
125.65(3)
(3) Both natural persons engaged in actual solicitation of orders or sales and their employers shall obtain permits under this section.
125.65(4)
(4) The department shall require the following information in applications for permits under this section:
