125.17(6)(a)2.
2. Within the past 2 years, the person held a Class "A", "Class A" or "Class C" license or a Class "B" or "Class B" license or permit or a manager's or operator's license.
125.17(6)(a)3.
3. Within the past 2 years, the person has completed such a training course.
125.17(6)(b)
(b) A municipal governing body shall issue a provisional operator's license to a person who is enrolled in a training course under
par. (a) and who meets the standards established by the municipality by ordinance, if any. The municipal governing body shall revoke that license if the applicant fails successfully to complete the course in which he or she enrolls.
125.17(6)(c)
(c) No municipal governing body may require that applicants for operators' licenses undergo training in addition to that under
par. (a) but may require applicants to purchase at cost materials that deal with relevant local subjects not covered in the course under
par. (a).
125.18
125.18
Issuance of managers' licenses. 125.18(1)
(1)
Authorization. A municipal governing body may provide by ordinance for the issuance of managers' licenses. Managers' licenses may not be required other than for the purpose of complying with
ss. 125.32 (1) and
125.68 (1). Managers' licenses may be issued only upon written application.
125.18(2)
(2) Validity. Managers' licenses are valid only within the issuing municipality.
125.18(3)
(3) Fee. The municipal governing body may establish by ordinance a fee for the manager's license, but the fee may not exceed $25 per year. The license shall be valid for no more than one year and shall expire on June 30.
125.18 History
History: 1981 c. 79,
391.
125.185
125.185
Provisional retail licenses. 125.185(1)
(1) A municipal governing body that issues licenses authorizing the retail sale of fermented malt beverages, intoxicating liquor or wine shall issue provisional retail licenses. The municipal governing body may by ordinance establish standards under which provisional retail licenses shall be issued and shall by ordinance designate the municipal official having authority to issue provisional retail licenses.
125.185(2)
(2) A provisional retail license may be issued only to a person who has applied for a Class "A", Class "B", "Class A", "Class B" or "Class C" license and authorizes only the activities that the type of retail license applied for authorizes.
125.185(3)
(3) The municipal governing body shall by ordinance establish the fee for a provisional retail license. The fee may not exceed $15.
125.185(4)
(4) A provisional retail license expires 60 days after its issuance or when the Class "A", Class "B", "Class A", "Class B" or "Class C" license is issued to the holder, whichever is sooner. The official who issued the provisional retail license may revoke the license if he or she discovers that the holder of the license made a false statement on the application.
125.185(5)
(5) Notwithstanding
sub. (1), a municipal official may not issue a provisional "Class B" license if the municipality's quota under
s. 125.51 (4) prohibits the municipality from issuing a "Class B" license.
125.185(6)
(6) No person may hold more than one provisional retail license for each type of license applied for by the holder per year.
125.185 History
History: 1995 a. 23.
125.19
125.19
Alcohol beverage warehouse permit. 125.19(1)(1)
Issuance. The department shall issue an alcohol beverage warehouse permit which authorizes the permittee to store and warehouse alcohol beverages in warehouse premises covered by the permit, subject to rules adopted by the department. The permit does not authorize the sale of any alcohol beverages.
125.19(2)
(2) Eligibility. Alcohol beverage warehouse permits may be issued only to a person who holds a valid certificate issued under
s. 73.03 (50) and 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 eligible for a permit under this section.
FERMENTED MALT BEVERAGES
125.25
125.25
Class "A" licenses. 125.25(1)
(1) Every municipal governing body may issue Class "A" licenses for the sale of fermented malt beverages from premises within the municipality. A Class "A" license authorizes retail sales of fermented malt beverages for consumption off the premises where sold and in original packages, containers and bottles. A license may be issued after July 1. That license shall expire on the following June 30.
125.25(2)(a)(a) 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.
125.25(2)(b)1.1. Beginning on May 5, 1994, a Class "A" license may not be issued to a person holding a wholesaler's license issued under
s. 125.28 or to a person who has a direct or indirect ownership interest in a premises operating under a wholesaler's license issued under
s. 125.28.
125.25(2)(b)2.
2. Notwithstanding
subd. 1., a person who holds a Class "A" license and a wholesaler's license issued under
s. 125.28, both of which licenses were issued before May 5, 1994, may, subject to
ss. 125.04 and
125.12, renew and continue to hold both licenses.
125.25(2)(b)3.
3. Except as provided in
subd. 4., if a person holding a Class "A" license and a wholesaler's license under
subd. 2. fails to renew either license, is denied renewal of either license under
s. 125.12 or has either license suspended or revoked under
s. 125.12, the person is subject to
subd. 1.
125.25(2)(b)4.
4. Subject to
s. 125.04 (12) (a), a person who holds a Class "A" license and a wholesaler's license issued under
s. 125.28, both of which licenses were issued before May 5, 1994, may transfer the licenses together to another premises in a different municipality within the same county. An issuing municipality shall transfer a Class "A" license under this subdivision, and, upon approval of the transfer by the receiving municipality, the receiving municipality shall recognize the validity of the license, even if, at the time of transfer, the license has been suspended, revoked, or denied renewal under
s. 125.12 provided that the suspension, revocation, or denial of renewal resulted from the licensed premises being relocated outside the corporate limits of the issuing municipality.
125.25(3)
(3) Class "A" licenses shall particularly describe the premises for which issued and are not transferable, except under
sub. (2) (b) 4. and
s. 125.04 (12). A Class "A" license is subject to revocation for violation of any of the terms or provisions thereof.
125.25(4)
(4) The fee for a Class "A" license shall be determined by the municipal governing body issuing the license. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
125.26
125.26
Class "B" licenses. 125.26(1)
(1) Every municipal governing body may issue Class "B" licenses for the sale of fermented malt beverages from premises within the municipality and may authorize an official or body of the municipality to issue temporary Class "B" licenses under
sub. (6). A Class "B" license authorizes retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises. A license may be issued after July 1. That license shall expire on the following June 30. Persons holding a Class "B" license may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license under
s. 66.0433 (1).
125.26(2)(a)(a) Class "B" licenses may be issued to any person qualified under
s. 125.04 (5). Such licenses may not be issued to any person acting as agent for or in the employ of another except that this restriction does not apply to a hotel or restaurant which is not a part of or located on the premises of any mercantile establishment, or to a bona fide club, society or lodge that has been in existence for at least 6 months before the date of application. A Class "B" license for a hotel, restaurant, club, society or lodge may be issued in the name of an officer who shall be personally responsible for compliance with this chapter.
125.26(2)(b)2.a.a. Except as provided in
s. 125.29, beginning on May 5, 1994, a Class "B" license may not be issued to a person holding a wholesaler's license issued under
s. 125.28 or to a person who has a direct or indirect ownership interest in a premises operating under a wholesaler's license issued under
s. 125.28.
125.26(2)(b)2.b.
b. Notwithstanding
subd. 2. a., a person who holds a Class "B" license and a wholesaler's license issued under
s. 125.28, both of which licenses were issued before May 5, 1994, may, subject to
ss. 125.04 and
125.12, renew and continue to hold both licenses.
125.26(2)(b)2.c.
c. If a person holding a Class "B" license and a wholesaler's license under
subd. 2. b. fails to renew either license, is denied renewal of either license under
s. 125.12 or has either license suspended or revoked under
s. 125.12, the person is subject to
subd. 2. a.
125.26(2m)
(2m) Notwithstanding
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 fermented malt beverages in the guest's room which is not part of the Class "B" premises. Fermented malt beverages furnished under this subsection 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 fermented malt beverages shall be removed from the room, when the room is not occupied and when fermented malt beverages are not being furnished under this subsection. 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 fermented malt beverages in the hotel room. Fermented malt beverages may be furnished at the time the guest occupies the room, but for purposes of this chapter, the sale of fermented malt beverages furnished under this subsection is considered to occur at the time and place that the guest pays for the fermented malt beverages. Notwithstanding
s. 125.32 (3), the guest may pay for the fermented malt beverages 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 subsection 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.
125.26(2s)(a)1.
1. "Coliseum" means a multipurpose facility designed principally for sports events, with a capacity of 18,000 or more persons.
125.26(2s)(a)2.
2. "Concessionaire" means a person designated by the owner or operator of a coliseum to operate premises in the coliseum and to provide fermented malt beverages to holders of coliseum suites.
125.26(2s)(b)
(b) Notwithstanding
s. 125.04 (3) (a) 3. and
(9), a Class "B" license authorizes a person operating a coliseum or a concessionaire to furnish the holder of a coliseum suite who has attained the legal drinking age with a selection of fermented malt beverages in the coliseum suite that is not part of the Class "B" premises. Fermented malt beverages 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 or the coliseum suite must be capable of being locked. The cabinet, refrigerator or other secure storage place or the coliseum suite shall be locked, or the fermented malt beverages shall be removed from the coliseum suite, when the coliseum suite is not occupied and when fermented malt beverages are not being furnished under this paragraph. Fermented malt beverages may be furnished at the time the holder occupies the coliseum suite, but for purposes of this chapter, the sale of fermented malt beverages furnished under this paragraph is considered to occur at the time and place that the holder pays for the fermented malt beverages. Notwithstanding
s. 125.32 (3), the holder of a coliseum suite may pay for the fermented malt beverages at any time if he or she pays in accordance with the terms of an agreement with the person operating the coliseum or with the concessionaire. 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.
125.26(3)
(3) Class "B" licenses shall particularly describe the premises for which issued and are not transferable, except as provided in
s. 125.04 (12). A Class "B" license is subject to revocation for violation of any of the terms or provisions thereof.
125.26(3m)
(3m) A municipality may issue a Class "B" license authorizing retail sales of fermented malt beverages on a railroad car while the railroad car is standing in a specified location in the municipality.
125.26(4)
(4) The fee for a Class "B" license shall be determined by the municipal governing body issuing the license but the fee may not exceed $100 per year. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
125.26(5)
(5) Class "B" licenses may be issued at any time for a period of 6 months in any calendar year, for which 50% of the license fee shall be paid. Such licenses are not renewable during the calendar year in which issued.
125.26(6)
(6) 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 fermented malt beverages 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 determined by the municipal governing body issuing the license but may not exceed $10. An official or body authorized by a municipal governing body to issue temporary Class "B" licenses may, upon issuance of any temporary Class "B" license, authorize the licensee to permit underage persons to be on the premises for which the license is issued. 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 fermented malt beverages 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 fermented malt beverages from the stands while the fair is being held. A municipal governing body may issue a temporary Class "B" license for premises that are covered by a "Class B" permit issued under
s. 125.51 (5) (b) 2. if the applicant meets the requirements of this subsection.
125.27
125.27
Class "B" permits. 125.27(1)(a)(a) The department shall issue Class "B" permits to clubs holding a valid certificate issued under
s. 73.03 (50) that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs that are operated solely for curling, ski jumping or yachting, if the club is not open to the general public and if no Class "B" licenses are issued by the governing body of the municipality in which the club is located. A Class "B" permit authorizes retail sales of fermented malt beverages to be consumed on the premises where sold. Persons holding a Class "B" permit may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license under
s. 66.0433 (1).
125.27(1)(b)
(b) A club applying for a Class "B" permit under this subsection shall have occupied the premises on which it is located on the date of filing the application for a period of 6 months prior to that date.
125.27(1)(d)
(d) Except as otherwise provided in this subsection, all sections of this chapter relating to Class "B" licenses apply to Class "B" permits issued under this subsection.
125.27(2)(a)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 fermented malt beverages 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 any of the following applies:
125.27(2)(a)1.a.
a. The vessel 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.
125.27(2)(a)1.b.
b. The vessel has an approved passenger capacity of not less than 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.
125.27(2)(a)2.
2. The department may issue the permit only if the vessel leaves its place of mooring while the sale of fermented malt beverages is taking place and if the vessel fulfills the requirement under
par. (am). A permit issued under this paragraph also authorizes the permittee to store fermented malt beverages 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 fermented malt beverages will be stored. The premises shall be open to inspection by the department upon request.
125.27(2)(am)
(am) 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.
125.27(2)(b)
(b) Persons holding a permit under
par. (a) may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license under
s. 66.0433 (1).
125.27(2)(d)
(d) Except as provided in this subsection, all sections of this chapter applying to Class "B" licenses apply to Class "B" permits issued under this subsection.
125.27(2)(e)
(e) A person holding a permit under
par. (a) shall keep all invoices relating to the purchase of fermented malt beverages for sale on a vessel at the location where the fermented malt beverages are customarily stored.
125.275
125.275
Industrial fermented malt beverages permit. 125.275(1)(1) The department may issue an industrial fermented malt beverages permit which authorizes the permittee to purchase and use fermented malt beverages for industrial purposes only. Such permits may be issued only to persons who prove to the department that they use alcohol for industrial purposes and who holds a valid certificate issued under
s. 73.03 (50).
125.275(2)(a)(a) Industrial fermented malt beverages permits may be issued to any person 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.
125.275(2)(b)1.1. Beginning on May 5, 1994, an industrial fermented malt beverages permit may not be issued to a person holding a wholesaler's license issued under
s. 125.28 or to a person who has a direct or indirect ownership interest in a premises operating under a wholesaler's license issued under
s. 125.28.
125.275(2)(b)2.
2. Notwithstanding
subd. 1., a person who holds an industrial fermented malt beverages permit and a wholesaler's license issued under
s. 125.28, both of which permit and license were issued before May 5, 1994, may, subject to
ss. 125.04 and
125.12, renew and continue to hold both the permit and license.
125.275(2)(b)3.
3. If a person holding an industrial fermented malt beverages permit and a wholesaler's license under
subd. 2. fails to renew either permit or license, is denied renewal of either permit or license under
s. 125.12 or has either permit or license suspended or revoked under
s. 125.12, the person is subject to
subd. 1.
125.275(3)
(3) Shipments of industrial fermented malt beverages shall be conspicuously labeled "for industrial purposes" and shall meet other requirements which the department prescribes by rule.
125.28
125.28
Wholesalers' licenses. 125.28(1)
(1) Every municipal governing body may issue licenses to wholesalers for the sale of fermented malt beverages from premises within the municipality. A wholesaler's license authorizes sales of fermented malt beverages only in original packages or containers to retailers or wholesalers, not to be consumed in or about the premises where sold. In the case of a foreign corporation or foreign limited liability company whose wholesale premises is located outside of this state, the wholesaler's license shall be issued by the governing body of the municipality in which some part of the wholesaler's business is conducted in this state. No additional license or permit is required for the solicitation of orders for sale to or by licensed wholesalers.
125.28(2)(a)(a) A wholesaler's 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 person. 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 license under this section.
125.28(2)(b)
(b) Except as provided in
par. (c) and
s. 125.29, beginning on May 5, 1994, a wholesaler's license may not be issued to any of the following:
