125.68(3)(b)
(b) Premises covered by a license or permit prior to the occupation of real property within 300 feet thereof by any school, hospital or church building.
125.68(3)(c)
(c) A restaurant located within 300 feet of a church or school. This paragraph applies only to restaurants in which the sale of alcohol beverages accounts for less than 50% of their gross receipts.
125.68(4)(a)(a)
Wholesalers. No premises for which a wholesale intoxicating liquor permit has been issued may remain open for the sale of intoxicating liquor between the hours of 5 p.m. and 8 a.m., except on Saturday the premises may remain open until 9 p.m.
125.68(4)(b)
(b)
"Class A" retailers. No premises for which a "Class A" license or permit has been issued may remain open for the sale of intoxicating liquor between the hours of 9 p.m. and 8 a.m.
125.68(4)(c)1.1. No premises for which a "Class B" license or permit or a "Class C" license has been issued may remain open between the hours of 2 a.m. and 6 a.m., except as otherwise provided in this subdivision and
subd. 4. On January 1 premises operating under a "Class B" license or permit are not required to close. On Saturday and Sunday, no premises may remain open between 2:30 a.m. and 6 a.m. This subdivision does not apply to a "Class B" license issued to a winery under
s. 125.51 (3) (am).
125.68(4)(c)3.
3. Between 12 midnight and 6 a.m. no person may sell intoxicating liquor on "Class B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises. A municipal governing body may, by ordinance, impose more restrictive hours than are provided in this subdivision. This subdivision does not apply to a "Class B" license issued to a winery under
s. 125.51 (3) (am).
125.68(4)(c)3m.
3m. No premises for which a "Class B" license has been issued under
s. 125.51 (3) (am) may remain open for the sale of intoxicating liquor between the hours of 9 p.m. and 8 a.m.
125.68(4)(c)4.
4. Hotels and restaurants the principal business of which is the furnishing of food, drinks or lodging to patrons, bowling centers, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell intoxicating liquor during the closing hours under
subd. 1.
125.68(4)(c)5.
5. A municipality may not, by ordinance, impose different hours than those provided under
subd. 1.
125.68(5)
(5) Restaurant sanitation rules. No applicant may obtain a "Class B" license or permit or a "Class C" license unless the premises complies with the rules promulgated by the department of health and family services governing sanitation in restaurants. However, the department of health and family services may not restrict the serving of cheese without charge in individual portions to customers as permitted by
s. 254.61 (5).
125.68(8)(a)(a) A person convicted of any of the following prohibited activities shall be fined not less than $150 nor more than $500 or imprisoned not less than 60 days nor more than 6 months or both:
125.68(8)(a)1.
1. Diluting any intoxicating liquor for purposes of sale as undiluted intoxicating liquor.
125.68(8)(a)2.
2. Refilling any original container which had previously been used for intoxicating liquor containing 21% or more of alcohol by volume.
125.68(8)(a)3.
3. Possessing diluted intoxicating liquor or refilled original containers on any premises covered by a "Class A" or "Class C" license or "Class B" license or permit.
125.68(8)(b)
(b) Possession of an original container which contains diluted intoxicating liquor or which has been refilled is prima facie evidence of intent to violate this subsection.
125.68 Cross-reference
Cross Reference: See also s.
Tax 8.43, Wis. adm. code.
125.68(9)(b)(b) All containers of intoxicating liquor sold in this state shall be clearly and legibly labeled with the name and address of the manufacturer and the name of the intoxicating liquor. The label shall meet any other labeling requirements created by the federal alcohol administration act.
125.68(9)(c)
(c) No intoxicating liquor may contain any added ingredients or substances which are injurious to health or deleterious for human consumption.
125.68(9)(d)
(d) All packages or containers of intoxicating liquor delivered in this state shall bear seals affixed by the manufacturer so that the contents cannot be removed without breaking the seals.
125.68(9)(e)
(e) No person holding a license or permit issued under this chapter may possess or sell any package or container of intoxicating liquor which does not comply with
pars. (b) and
(d) or which does not bear evidence that the package or container was in compliance when delivery was taken.
125.68(9)(f)
(f) Every person manufacturing, rectifying or blending intoxicating liquor sold in this state shall provide the department with the names, brands, descriptions, alcoholic content by volume and any other information about the intoxicating liquor required by the department. Information required by this paragraph shall be submitted prior to placing any new blend on the market. The department may also require by rule that samples of new products be submitted for examination and analysis.
125.68(9)(g)
(g) Persons convicted of violating this subsection shall be fined not less than $500 nor more than $1,000 or imprisoned in the county jail for not less than 3 months nor more than one year or both.
125.68 Cross-reference
Cross Reference: See also s.
Tax 8.52, Wis. adm. code.
125.68(10)(a)(a) Except as provided in
par. (bm), no intoxicating liquor may be shipped into this state unless consigned to a person holding a permit for the sale of intoxicating liquor, other than a retail "Class B" permit.
125.68(10)(b)
(b) Except as provided in
par. (bm), no common carrier or other person may transport into and deliver within this state any intoxicating liquor unless it is consigned to a person holding a permit for the sale of intoxicating liquor, other than a retail "Class B" permit. Any common carrier violating this paragraph shall forfeit $100 for each violation.
125.68(10)(bm)
(bm) A winery in compliance with the requirements of
s. 125.58 (4) may ship wine into this state under
s. 125.58 (4) from a state that has a reciprocal agreement with this state under
s. 139.035 to an individual who is of the legal drinking age and who acknowledges in writing receipt of the wine shipped if the shipping container is clearly labeled to indicate that the package may not be delivered to an underage person or to an intoxicated person. A person who receives wine under this paragraph may not sell it or use it for a commercial purpose. A signature on the delivery form of the common carrier by a person of legal drinking age acknowledges delivery in writing.
125.68(10)(bs)
(bs) No individual may resell wine received under
par. (bm) or receive more than 9 liters of wine annually under
par. (bm).
125.68(10)(c)
(c) This subsection does not apply to purchases made under a permit issued under
s. 125.61.
125.68 Cross-reference
Cross Reference: See also ss.
Tax 8.24 and
8.35, Wis. adm. code.
125.68(11)
(11) Alcohol or wine for nonbeverage use; penalty. 125.68(11)(a)(a) The following products are not intoxicating liquor subject to this chapter, when unfit for beverage purposes:
125.68(11)(a)1.
1. Denatured alcohol produced and used pursuant to acts of congress and regulations promulgated thereunder.
125.68(11)(a)2.
2. Patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet preparations.
125.68(11)(a)4.
4. Scientific, chemical, mechanical and industrial products.
125.68(11)(b)
(b) Any person who sells any of the products enumerated in
par. (a) for intoxicating beverage purposes, either knowingly or under circumstances from which a reasonable person may deduce the intention of the purchaser to use them for such purposes, shall be penalized under
s. 125.11.
125.68(12)(a)(a) No person may recover any alcohol or alcoholic liquid from denatured alcohol by any process or use, sell, conceal or dispose of, in any manner, any alcohol or alcoholic liquid derived from denatured alcohol.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(b) Whoever violates par. (a) shall be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than one year nor more than 15 years or both.
125.68(12)(c)
(c) Any person causing the death of another human being through the selling or otherwise disposing of, for beverage purposes, either denatured alcohol or alcohol or alcoholic liquid redistilled from denatured alcohol is guilty of a Class E felony.
Effective date note
NOTE: Par. (c) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(c) Any person causing the death of another human being through the selling or otherwise disposing of, for beverage purposes, either denatured alcohol or alcohol or alcoholic liquid redistilled from denatured alcohol, shall be imprisoned for not more than 15 years.
125.68 History
History: 1981 c. 79,
158,
202;
1983 a. 74;
1983 a. 189 s.
329 (6);
1983 a. 203 s.
47;
1983 a. 349;
1985 a. 28,
221,
317;
1987 a. 27,
121,
399;
1989 a. 30,
253;
1991 a. 28,
39;
1993 a. 27,
112;
1995 a. 27 s.
9126 (19);
1997 a. 283;
2001 a. 16,
109.
125.68 Annotation
It is not illegal under s. 176.07 [now s. 125.68 (4) (c) 3.] to allow the carry-out of liquor from a "Class B" licensed premises between 12 midnight and 8 a.m. if the sale of liquor occurred before 12 midnight. "Sale" is defined. 69 Atty. Gen. 168.
125.69
125.69
Restrictions on dealings between manufacturers, rectifiers, wholesalers and retailers. 125.69(1)(a)(a) No intoxicating liquor manufacturer, rectifier or wholesaler may hold any direct or indirect interest in any "Class A" license or establishment and no "Class A" licensee may hold any direct or indirect interest in a wholesale permit or establishment, except that a winery that has a permit under
s. 125.53 may have an ownership interest in a "Class A" license.
125.69(1)(b)1.1. Except as provided under
subds. 2. to
4., no intoxicating liquor manufacturer, rectifier or wholesaler may hold any direct or indirect interest in any "Class B" license or permit or establishment or "Class C" license or establishment and no "Class B" licensee or permittee or "Class C" licensee may hold any direct or indirect interest in a wholesale permit or establishment.
125.69(1)(b)2.
2. 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 permit 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 permit and "Class B" license or permit shall be renewed annually, unless revoked under
s. 125.12. An application for a wholesaler's permit to which this paragraph applies shall have attached to it an affidavit stating the applicant's interest in the "Class B" premises.
125.69(1)(b)3.
3. A brewer may hold both a "Class B" license for the sale of intoxicating liquor on brewery premises and a wholesaler's permit for the sale of wine only issued under
s. 125.54.
125.69(1)(c)
(c) No manufacturer, whether located within or without this state, may hold any direct or indirect interest in any wholesale permit or establishment, except as provided in
s. 125.53, and except that a manufacturer that is also a brewer may hold a permit issued under
s. 125.54 for the wholesale sale of wine only. This paragraph does not prohibit any of the following persons from obtaining a permit under
s. 125.65:
125.69(3)
(3) Volume discounts to campuses and retailers. A wholesaler of intoxicating liquor shall charge the same price to all campuses and retail licensees and permittees making purchases in similar quantities. Any discount offered on intoxicating liquor shall be delivered to the retailer in a single transaction and single delivery, and on a single invoice.
125.69(4)
(4) Retail purchase credit restrictions. 125.69(4)(a)1.1. No intoxicating liquor retail licensee or retail permittee may:
125.69(4)(a)1.a.
a. Receive, purchase or acquire intoxicating liquor from any permittee except for cash or credit for a period of not more than 30 days.
125.69(4)(a)1.b.
b. Receive, purchase or acquire intoxicating liquor from any permittee if at the time of the receipt, purchase or acquisition, he or she is indebted to any permittee for intoxicating liquor received, purchased, acquired or delivered more than 30 days earlier.
125.69(4)(a)2.
2. No campus or intoxicating liquor retail licensee or permittee may receive any intoxicating liquor on consignment or on any basis other than a bona fide sale.
125.69(4)(b)
(b)
Restrictions on issuance of licenses and permits. No intoxicating liquor retail license or retail permit may be issued under this chapter to any person having an indebtedness for intoxicating liquor outstanding more than 30 days. In each application for a retail license or retail permit, the applicant shall state whether the applicant has any indebtedness for intoxicating liquor to any licensee or permittee which has been outstanding for more than 30 days.
125.69(4)(c)
(c)
Wholesalers holding retail licenses and permits. For purposes of this subsection, a person holding both an intoxicating liquor wholesale permit and intoxicating liquor retail license is deemed an intoxicating liquor retailer.
125.69(4)(d)
(d)
Penalties. A retail licensee or retail permittee who violates
par. (a) is subject to the penalties in
s. 125.11, except that he or she may not be imprisoned.
125.69(4)(e)
(e)
Costs. The cost of administering this subsection shall be charged to the manufacturer, rectifier and wholesaler permittees. The department shall determine the costs and shall establish the procedure for apportioning the cost against the permittees and provide for the method of payment to the department.
125.69(5)
(5) Source of supply. No wholesaler may purchase intoxicating liquor for resale unless he or she purchases it either from the primary source of supply for the brand of intoxicating liquor sought to be sold or from a wholesaler within this state who holds a permit issued under this chapter. No wholesaler may sell intoxicating liquor purchased by the wholesaler to any other licensee or permittee under this chapter if the intoxicating liquor has not been purchased by the wholesaler from the primary source of supply or from a wholesaler within the state holding a permit issued under this chapter.
125.69(6)
(6) Campuses and retailers to purchase from persons holding permits. 125.69(6)(a)(a) No campus or retail licensee or permittee may purchase or possess intoxicating liquor purchased from any person other than a manufacturer, rectifier or wholesaler holding a permit under this chapter for the sale of intoxicating liquor.
125.69(6)(b)
(b) Any person who violates
par. (a), if the total volume of intoxicating liquor purchased or possessed by that person in one month is 12 liters or less, may be required to forfeit not more than $100. A person who purchases or possesses more than 12 liters of intoxicating liquor in one month in violation of
par. (a) shall be fined not less than $1,000 nor more than $10,000.
125.69(6)(c)
(c) Notwithstanding
par. (b), a "Class B" licensee who purchases intoxicating liquor from a "Class A" licensee for resale or who possesses intoxicating liquor purchased from a "Class A" licensee for resale may be fined not more than $100.
125.69(7)
(7) License or permit revocation. The violation of
sub. (1),
(3) or
(5) is sufficient cause for the revocation of the license or permit of any licensee or permittee receiving the benefit from the prohibited act as well as the revocation of the license or permit of the licensee or permittee committing the prohibited act.
125.69 Cross-reference
Cross Reference: See also ss.
Tax 8.66,
8.81,
8.85, and
8.87, Wis. adm. code.
125.70
125.70
Trade show samples. A manufacturer, rectifier or intoxicating liquor wholesaler may furnish, free of charge, on "Class B" premises, taste samples of intoxicating liquor 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 section at more than 2 such events of any one trade association per year. No intoxicating liquor brought on "Class B" premises under this section may remain on those premises after the close of the trade show, conference, convention or business meeting.
125.70 History
History: 1995 a. 320.
