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:
125.28(2)(b)1.
1. A person holding one or more of the following licenses or permits:
125.28(2)(b)2.
2. A person who has a direct or indirect ownership interest in a premises operating under one or more of the licenses or permits listed in
subd. 1. a. to
d.
125.28(2)(c)1.1. A person who holds a wholesaler's license and a license or permit specified in
par. (b) 1., all of which licenses or permits were issued before May 5, 1994, may, subject to
ss. 125.04 and
125.12, renew and continue to hold all of the licenses or permits.
125.28(2)(c)2.
2. Except as provided in
ss. 125.04 (12) (a) and
125.25 (2) (b) 4., if a person holding a wholesaler's license and a license or permit under
subd. 1. fails to renew a license or permit, is denied renewal of a license or permit under
s. 125.12 or has one of the licenses or permits suspended or revoked under
s. 125.12, the person is subject to
par. (b) with respect to holding a license or permit of that type after the failure or denial of renewal or the revocation or suspension of the license or permit.
125.28(3)
(3) Wholesalers' licenses shall particularly describe the premises for which issued and are not transferable, except as provided in
ss. 125.04 (12) and
125.25 (2) (b) 4. A wholesaler's license is subject to revocation for violation of any of the terms or provisions thereof.
125.28(4)
(4) The amount of the license fee shall be determined by the municipal governing body issuing the license but may not exceed $25 per year or fractional part thereof.
125.29(1)(1)
Permit. No person may operate as a brewer unless that person obtains a permit from the department. Each wholesaler required to register under
s. 139.09 shall obtain a permit under this subsection. A permit under this section may only be issued to a person who holds a valid certificate issued under
s. 73.03 (50).
125.29(2)
(2) Limitation. Except as provided in
s. 125.31, no person holding a Class "B" license or permit issued under this chapter may register as a brewer.
125.29(3)
(3) Activities. A brewer may manufacture, possess and store fermented malt beverages on the brewery premises and transport fermented malt beverages between the brewery premises and any depot or warehouse maintained by the brewer for which the brewer has a wholesaler's license issued under
s. 125.28.
125.30
125.30
Out-of-state shippers' permits; delivery to wholesalers. 125.30(1)(1) The department shall issue out-of-state shippers' permits which authorize the permittee to ship fermented malt beverages only to holders of a wholesaler's license issued under
s. 125.28. No person may receive fermented malt beverages in this state which have been directly shipped from outside this state by any person other than the holder of a permit issued under this section. All shipments of fermented malt beverages to a wholesaler of fermented malt beverages in this state, whether shipped to the wholesaler from inside this state or from outside this state, shall be unloaded in and distributed from the wholesaler's warehouse in this state.
125.30(2)
(2) The application for an out-of-state shipper's permit and the permit shall be on forms prescribed by the department which shall contain provisions determined by the department as necessary to effectuate the purposes of
ss. 139.01 to
139.25 and shall include a provision that the permittee agrees:
125.30(2)(a)
(a) To comply with
s. 139.05 relating to filing a bond, filing returns, paying taxes and record keeping;
125.30(2)(b)
(b) To permit inspections and examinations of the permittee's premises and records by the department and its duly authorized employees, as authorized under
s. 139.08 (4); and
125.30(2)(c)
(c) To pay the expenses reasonably attributable to such inspections and examinations made within the United States.
125.30(3)
(3) Out-of-state shippers' permits may be issued only to a person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5). 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 qualified 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.
125.30(5)
(5) The department may revoke or suspend an out-of-state shipper's permit for such time as the department determines, if the permittee violates any provision of the application or
ss. 139.01 to
139.25.
125.31
125.31
Multiple licenses and permits; brewers. 125.31(1)(a)1.1. In this paragraph, "small brewer" means a brewer that, together with the fermented malt beverages manufactured during the same year by all of the following, manufactures less than 4,000 barrels of beer annually:
125.31(1)(a)1.a.
a. All brewers that share membership with the brewer in a controlled group of brewers, as determined under
26 USC 5051 (a) (2) (B).
125.31(1)(a)2.
2. Notwithstanding
ss. 125.29 (2) and
125.33 (1), a brewer may maintain and operate one place on brewery premises and one place on real estate owned by the brewer or a subsidiary or affiliate corporation or limited liability company for the sale of fermented malt beverages for which a Class "B" license is required for each place, but, except as provided in
subds. 3. and
4., not more than 2 such Class "B" licenses shall be issued to any brewer.
125.31(1)(a)3.
3. Notwithstanding
ss. 125.29 (2) and
125.33 (1), in addition to places authorized under
subd. 2., a small brewer may possess a Class "B" license for not more than 4 restaurants in each of which the sale of alcohol beverages accounts for less than 50% of the restaurant's gross receipts and in which is offered for sale fermented malt beverages manufactured by a brewer other than the small brewer who possesses the Class "B" license. No restaurant whose Class "B" license is issued to a small brewer under this subdivision may sell fermented malt beverages manufactured by the small brewer unless the restaurant purchased the fermented malt beverages from a wholesaler that has no direct or indirect ownership interest in the brewery that manufactured the fermented malt beverages.
125.31(1)(a)4.
4. Notwithstanding
ss. 125.29 (2) and
125.33 (1), in addition to places authorized under
subd. 2., a brewer may possess or hold an indirect interest in a Class "B" license for not more than 20 restaurants in each of which the sale of alcohol beverages accounts for less than 60% of the restaurant's gross receipts if no fermented malt beverages manufactured by the brewer are offered for sale in any of these restaurants. No brewer may possess Class "B" licenses under both this subdivision and
subd. 3.
125.31(1)(b)
(b) Notwithstanding
ss. 125.29 (2) and
125.33 (1), a brewer may own, maintain or operate places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state, in addition to places authorized under
par. (a).
125.31(1)(c)
(c) Any Class "B" license necessary in connection with this subsection shall be issued to the brewer.
125.31(1)(d)
(d) Notwithstanding
s. 125.33 (1), a brewer may own the furniture, fixtures, fittings, furnishings and equipment on such premises and shall pay any license fee or tax required for the operation of the premises.
125.31(2)
(2) A brewer may own, maintain or operate depots and warehouses from which sales of fermented malt beverages, not for consumption in or about the premises where sold, may be made in original packages to retailers and wholesalers. A separate wholesaler's license is required for each depot or warehouse owned, maintained or operated.
125.31(3)
(3) A brewer may sell fermented malt beverages in the original packages or containers, not to be consumed on the premises where sold:
125.31(3)(a)
(a) To retailers and wholesalers, if the brewer obtains a wholesaler's license; or
125.31(3)(b)
(b) To persons other than licensees and permittees, if the brewer obtains a Class "A" or Class "B" license.
125.31 Cross-reference
Cross Reference: See also s.
Tax 7.01, Wis. adm. code.
125.315
125.315
Evading provisions of law by giving away fermented malt beverages. 125.315(1)
(1) No person may give away any fermented malt beverages or use any other means to evade any law of this state relating to the sale of fermented malt beverages.
125.315(2)
(2) A person who violates
sub. (1) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
125.315 History
History: 1989 a. 253.
125.32
125.32
General restrictions and requirements. 125.32(1)(1)
Managers' licenses; class "B" licenses. 125.32(1)(a)(a) If a municipal governing body elects to issue managers' licenses under
s. 125.18, no person may manage premises operating under a Class "B" license or permit, unless the person is the licensee or permittee, an agent of a corporation or limited liability company appointed as required by
s. 125.04 (6) or the holder of a manager's license. A manager's license issued in respect to a vessel under
s. 125.27 (2) is valid outside the municipality that issues it. A person manages Class "B" premises if that person has responsibility or authority for:
125.32(1)(a)1.
1. Personnel management of all employees, whether or not the person is authorized to sign employment contracts;
125.32(1)(a)2.
2. The terms of contracts for the purchase or sale of goods or services, whether or not the person is authorized to sign the contracts; or
125.32(1)(b)
(b) The municipal governing body may, by ordinance, define factors in addition to those listed in
par. (a) which constitute management of Class "B" premises.
125.32(2)
(2) Operators licenses Class "A" or Class "B" premises. Except as provided under
sub. (3) (b) and
s. 125.07 (3) (a) 10., no premises operated under a Class "A" or Class "B" license or permit may be open for business unless there is upon the premises the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation or limited liability company, or some person who has an operator's license and who is responsible for the acts of all persons serving any fermented malt beverages to customers. An operator's license issued in respect to a vessel under
s. 125.27 (2) is valid outside the municipality that issues it. For the purpose of this subsection, any person holding a manager's license under
s. 125.18 or any member of the licensee's or permittee's immediate family who has attained the age of 18 shall be considered the holder of an operator's license. No person, including a member of the licensee's or permittee's immediate family, other than the licensee, permittee or agent may serve fermented malt beverages in any place operated under a Class "A" or Class "B" license or permit unless he or she has an operator's license or is at least 18 years of age and is under the immediate supervision of the licensee, permittee, agent or a person holding an operator's license, who is on the premises at the time of the service.
125.32(2m)(a)(a) No person may allow another to use his or her Class "A" or Class "B" license or permit to sell alcohol beverages.
125.32(2m)(b)
(b) The license or permit of a person who violates
par. (a) shall be revoked.
125.32(3)(a)(a) No premises for which a Class "B" license or permit is issued may remain open between the hours of 2 a.m. and 6 a.m., except as provided in this paragraph and
par. (c). On Saturday and Sunday, the closing hours shall be between 2:30 a.m. and 6 a.m. On January 1 premises operating under a Class "B" license or permit are not required to close.
125.32(3)(am)
(am) Between 12 midnight and 6 a.m. no person may sell fermented malt beverages on Class "B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises.
125.32(3)(b)
(b) Class "A" premises may remain open for the conduct of their regular business but may not sell fermented malt beverages between 12 midnight and 8 a.m.
Subsection (2) does not apply to Class "A" premises between 12 midnight and 8 a.m. or at any other time during which the sale of fermented malt beverages is prohibited by a municipal ordinance adopted under
par. (d).
125.32(3)(c)
(c) Hotels and restaurants the principal business of which is the furnishing of food and 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 fermented malt beverages during the hours specified in
par. (a).
125.32(3)(d)
(d) A municipality may, by ordinance, impose more restrictive hours than those provided in
par. (am) or
(b), but may not impose different hours than those provided in
par. (a) or
(c).
125.32(3m)
(3m) Limitations on other business; Class "B" premises. No Class "B" license or permit may be granted for any premises where any other business is conducted in connection with the premises, except that this restriction does not apply if the premises for which the Class "B" license or permit is issued is connected to premises where other business is conducted by a secondary doorway that serves as a safety exit and is not the primary entrance to the Class "B" premises. No other business may be conducted on premises operating under a Class "B" license or permit. These restrictions do not apply to any of the following:
125.32(3m)(b)
(b) A restaurant, whether or not it is a part of or located in any mercantile establishment.
125.32(3m)(d)
(d) A combination sporting goods store and tavern in towns, villages and 4th class cities.
