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)(a)(a) Subject to
par. (b), every municipal governing body may issue licenses to wholesalers for the sale of fermented malt beverages from premises within the municipality, which premises shall comply with the requirements under
s. 125.34 (2). Subject to
s. 125.34, 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 wholesaler's premises.
125.28(1)(b)
(b) If a wholesaler does not maintain any warehouse in this state but is licensed and maintains a warehouse in an adjoining state that allows wholesalers licensed in this state to deliver fermented malt beverages to retailers in the adjoining state without warehousing in that state and that further requires that all fermented malt beverages be first unloaded at and distributed from the warehouse of the licensed wholesaler in that 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. Notwithstanding
s. 125.04 (5) (a) 2. and
(c) and
(6), the municipal governing body may issue the wholesaler's license to a wholesaler described in this paragraph who is a natural person and not a resident of this state or that is a corporation or limited liability company and has not appointed an agent in this state.
125.28(1)(c)
(c) 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. Subject to
s. 125.34 (2), 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, except as provided in
s. 125.34 (6) (c), authorize the permittee to ship fermented malt beverages only to holders of a wholesaler's license issued under
s. 125.28. Except with respect to any shipment from a warehouse in an adjoining state by a wholesaler issued a wholesale license under
s. 125.28 (1) (b), 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. Subject to
s. 125.34 (2) and
(6) (c), 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) Subject to
s. 125.34, 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) Subject to
ss. 125.29 (4) and
125.34, 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.
