125.66 Annotation
A license never should have been issued when a notice of application had not been published as required under s. 125.04 (3) (g), and a license issued without publication is void under s. 125.04 (2). Selling liquor under a void license constitutes a violation of s. 125.66 (1). Under s. 125.12, a renewal licensee, if refused, is guaranteed a right to be heard by the municipality, and the municipality must show cause for refusal, but a new licensee, if refused, has no such guarantee. When an original license is void, the applicant is a new licensee. Williams v. City of Lake Geneva, 2002 WI App 95,
253 Wis. 2d 618,
643 N.W.2d 864.
125.67
125.67
Evading provisions of law by giving away intoxicating liquor; penalties. No person may give away intoxicating liquor or use any other means to evade any law of this state relating to the sale of intoxicating liquor. Whoever violates this subsection may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
125.67 History
History: 1981 c. 79;
1989 a. 253.
125.68
125.68
General restrictions and requirements. 125.68(1)(1)
Managers' licenses; "Class B" and "Class C" premises. 125.68(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 or a "Class C" license 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. 125.51 (5) (c) is valid outside the municipality that issues it. A person manages premises if that person has responsibility or authority for:
125.68(1)(a)1.
1. Personnel management of all employees, whether or not the person is authorized to sign employment contracts;
125.68(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
125.68(1)(b)
(b) The municipal governing body may, by ordinance, define factors in addition to those listed in
par. (a) which constitute management of premises.
125.68(2)
(2) Operators' licenses; "Class A", "Class B" or "Class C" premises. Except as provided under
s. 125.07 (3) (a) 10., no premises operated under a "Class A" or "Class C" license or under a "Class B" license or permit may be open for business unless there is upon the premises either 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 selling or serving any intoxicating liquor to customers. An operator's license issued in respect to a vessel under
s. 125.51 (5) (c) is valid outside the municipality that issues it. For the purpose of this subsection, any person holding a manager's license issued 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 or sell alcohol beverages in any place operated under a "Class A" or "Class C" license or under a "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 or agent or a person holding an operator's license, who is on the premises at the time of the service.
125.68(2m)(a)(a) No person may allow another to use his or her "Class A" or "Class C" license or "Class B" license or permit to sell alcohol beverages.
125.68(2m)(b)
(b) The license or permit of a person who violates
par. (a) shall be revoked.
125.68(3)
(3) Restrictions on location. No "Class A" or "Class B" license or permit may be issued for premises the main entrance of which is less than 300 feet from the main entrance of any public or parochial school, hospital or church, except that this prohibition may be waived by a majority vote of the governing body of the municipality in which the premises is located. The distance shall be measured by the shortest route along the highway from the main entrance of the school, church or hospital to the main entrance of the premises covered by the license or permit. The prohibition in this subsection does not apply to any of the following:
125.68(3)(a)
(a) Premises covered by a license or permit on June 30, 1947.
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.
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.
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.
