125.51(4)(d)
(d) Detachment of territory decreases the quota of the remainder of the municipality by the number of licenses or reserve "Class B" licenses issued for premises in the detached territory, except that detachment does not decrease the quota of the remainder to less than one license per 500 persons or less than one license.
125.51(4)(v)
(v) Notwithstanding
par. (am), if a municipality has granted or issued a number of licenses equal to or exceeding its quota, the municipal governing body may issue a license for any of the following:
125.51(4)(v)1.
1. A full-service restaurant that has a seating capacity of 300 or more persons.
125.51(4)(v)2.
2. A hotel that has 50 or more rooms of sleeping accommodations and that has either an attached restaurant with a seating capacity of 150 or more persons or a banquet room in which banquets attended by 400 or more persons may be held.
125.51(4)(v)3.
3. An opera house or theater for the performing arts operated by a nonprofit organization, as defined in
s. 134.695 (1) (am). Notwithstanding
sub. (3) (a) and
(b), a "Class B" license issued under this subdivision authorizes the retail sale of intoxicating liquor only for consumption on the premises where sold and only in connection with ticketed performances.
125.51(5)(a)1.1. The department shall issue "Class B" permits to clubs that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs which are operated solely for curling, ski jumping or yachting. A "Class B" permit may be issued only to a club that holds a valid certificate issued under
s. 73.03 (50), that is not open to the general public and that is located in a municipality that does not issue "Class B" licenses or to a club located in a municipality that issues "Class B" licenses, if the club holds a valid certificate issued under
s. 73.03 (50), is not open to the general public, was not issued a license under s.
176.05 (4a), 1979 stats., and does not currently hold a "Class B" license. The permits may be issued by the department without regard to any local option exercised under
s. 125.05 and without regard to any quota under
sub. (4). The holder of a "Class B" permit may sell intoxicating liquor for consumption by the glass and not in the original package or container on the premises covered by the permit.
125.51(5)(a)2.
2. Except as provided in this paragraph, all sections of this chapter applying to retail "Class B" licenses apply to "Class B" permits issued under this paragraph.
125.51(5)(a)3.
3. "Class B" permits may be issued only to a club which has occupied the premises upon which it is located for a period of at least 6 months prior to the date of application.
125.51(5)(a)4.
4. The department may annually issue a "Class B" permit to any club that holds a valid certificate issued under
s. 73.03 (50), is organized to engage in sports similar to curling, golf, tennis or yachting and that held a license from July 1, 1950, to June 30, 1951, as long as it is continuously operated under substantially the same circumstances under which it operated during the year beginning July 1, 1950, if the club is located in a municipality that does not issue "Class B" licenses.
125.51(5)(b)1.a.
a. "Arena" means a public building with a capacity of 4,000 or more persons used principally for the conduct of sports events.
125.51(5)(b)1.b.
b. "Coliseum" means a public multipurpose facility designed for activities of the public, which may include but are not limited to sports events, trade shows, conventions, seminars, concerts, banquets and fairs.
125.51(5)(b)1.c.
c. "Concessionaire" means a person designated by resolution of the governing body of a county or municipality owning an airport or public facility to operate premises in the airport or public facility.
125.51(5)(b)1.d.
d. "Public facility" means an arena, coliseum, related exposition facilities or center for the performing or visual arts.
125.51(5)(b)1.e.
e. "Related exposition facility" means buildings constructed on the same grounds as a coliseum and used for the same or ancillary functions.
125.51(5)(b)2.
2. The department shall issue a "Class B" permit to a concessionaire that holds a valid certificate issued under
s. 73.03 (50) and that conducts business in an operating airport or public facility, if the county or municipality which owns the airport or public facility has, by resolution of its governing body, annually applied to the department for the permit. The permit authorizes the sale of intoxicating liquor for consumption by the glass and not in the original package or container on the premises.
125.51(5)(b)3.
3. Except as provided in this paragraph, all sections of this chapter relating to "Class B" licenses apply to "Class B" permits issued under this paragraph.
125.51(5)(b)4.
4. The department may not issue a permit under this paragraph to any county or municipality or officer or employee thereof.
125.51(5)(c)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 intoxicating liquor 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 the vessel either 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 or if the vessel has an approved passenger capacity of at least 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. The department may issue the permit only if the vessel leaves its place of mooring while the sale of intoxicating liquor is taking place and if the vessel fulfills the requirement under
par. (c) 1m. A permit issued under this subdivision also authorizes the permittee to store intoxicating liquor 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 intoxicating liquor will be stored. The premises shall be open to inspection by the department upon request.
125.51(5)(c)1m.
1m. 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.
125.51(5)(c)3.
3. Except as provided in this paragraph, all provisions of this chapter applying to "Class B" licenses apply to "Class B" permits issued under
subd. 1.
125.51(5)(c)4.
4. A person holding a permit under
subd. 1. shall keep all invoices relating to the purchase of intoxicating liquor for sale on a vessel at the location where the intoxicating liquor is customarily stored.
125.51(7)
(7) Sales in name of licensee or permittee. Every holder of a retail license or permit for the sale of intoxicating liquor shall purchase, advertise and sell intoxicating liquor in the holder's name and under the holder's license or permit only, except that holders of retail licenses or permits that are franchisees, as defined in
s. 553.03 (5), may advertise, separately or together, in the name of the franchisor, as defined in
s. 553.03 (6).
125.51 Cross-reference
Cross Reference: See also s.
Tax 8.61, Wis. adm. code.
125.51(8)
(8) Connecting premises. Except in the case of hotels, no person may hold both a "Class A" license and either a "Class B" license or permit, a Class "B" license or permit or a "Class C" license for the same premises or for connecting premises. Except for hotels, if either type of license or permit is issued for the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.
125.51(9)
(9) Licenses for less than one year. 125.51(9)(a)(a) A license may be issued after July 1 in any license year. The license shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions thereof remaining until the following June 30.
125.51(9)(b)
(b) Licenses valid for 6 months may be issued at any time. The fee for the license shall be 50% of the annual license fee. The license may not be renewed during the calendar year in which issued.
125.51(10)
(10) Temporary licenses. Notwithstanding
s. 125.68 (3), 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 wine in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle 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 $10, except that no fee may be charged to a person who at the same time applies for a temporary Class "B" license under
s. 125.26 (6) for the same event. 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 wine 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 wine from the stands while the fair is being held. Not more than 2 licenses may be issued under this subsection to any club, county or local fair association, agricultural association, church, lodge, society or veterans post in any 12-month period.
125.51 History
History: 1981 c. 79,
202,
220;
1983 a. 27 ss.
1489c,
2202 (38);
1983 a. 250,
516;
1985 a. 74,
239,
302;
1987 a. 27,
91,
103,
249,
354,
399;
1989 a. 16,
30,
31,
252,
253,
359;
1991 a. 39;
1993 a. 112;
1995 a. 27;
1997 a. 27,
41,
248,
259;
1999 a. 9,
185;
2001 a. 16,
49;
2003 a. 124;
2005 a. 22,
268,
307.
125.51 Annotation
A city ordinance allowing a recipient of a new Class B license who pays the $10,000 fee under sub. (3) (e) 2. to apply for a $10,000 economic development grant from the city was not barred by the statute or constitution. Alexander v. City of Madison, 2001 WI App 208,
247 Wis. 2d 576,
634 N.W.2d 577,
00-2692.
125.52
125.52
Manufacturers' and rectifiers' permits. 125.52(1)(1)
Authorized activities. The department shall issue manufacturers' and rectifiers' permits which authorize the manufacture or rectification, respectively, of intoxicating liquor on the premises covered by the permit. A person holding a manufacturer's or rectifier's permit may manufacture, bottle or wholesale wine, pursuant to the terms of the permit, without procuring a winery permit. A manufacturer's or rectifier's permit entitles the permittee to sell intoxicating liquor from the premises described in the permit. Holders of rectifiers' permits may sell intoxicating liquor rectified by the permittee to retailers without any other permit. No sales may be made for consumption on the premises of the permittee. Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wines brought into this state under
s. 139.03 (5).
125.52(2)
(2) Limited manufacturer's permit. The department shall issue a limited manufacturer's permit which authorizes the use or sale of the intoxicating liquor produced only if it is rendered unfit for use as a beverage and is used or sold for use as fuel. The department shall notify the department of natural resources of the name and address of any person to whom a limited manufacturer's permit is issued.
125.52(3)
(3) Persons eligible. Except as provided under
s. 125.69, a manufacturer's or rectifier's permit may be issued to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5), except a foreign corporation, a foreign limited liability company or 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.
125.52(6)
(6) Sales area. No rectifier may sell any intoxicating liquor before filing with the department a written statement that the permittee is a distributor of a particular brand in this state, or an area of this state, and that the sales of that brand by the permittee and anyone purchasing from the permittee will be limited to the area specified. The rectifier shall inform the department of any change in the area within 7 days of the effective date of the change.
125.52(7)
(7) Multiple permits. Not more than 2 manufacturers' or 2 rectifiers' permits may be issued to any one person. In each application for a manufacturer's or rectifier's permit, the applicant shall state that application has not been made for more than one other manufacturer's or rectifier's permit.
125.52(8)
(8) Sales to individuals in other states. A permittee under this section that ships wine from this state to individuals in another state under authorization of a reciprocal agreement specified in
s. 139.035 shall submit a report to the department, by January 31 of each year, on forms furnished by the department. The report shall include the identity, quantity, and price of all products shipped during the previous calendar year from this state to individuals in another state under authorization of a reciprocal agreement specified in
s. 139.035. The report shall also include the name, address, and birthdate of each person who purchased these products and each person to whom these products were shipped. The department shall keep confidential, in the same manner required for tax returns under
s. 71.78 (1),
(4), and
(5) to
(8), reports submitted under this subsection.
125.52 Cross-reference
Cross Reference: See also s.
Tax 8.22, Wis. adm. code.
125.53(1)(1) The department shall issue only to a manufacturing winery in this state that holds a valid certificate issued under
s. 73.03 (50) a winery permit authorizing the manufacture and bottling of wine on the premises covered by the permit for sale at wholesale to other licensees or permittees. A permittee under this section may offer on the premises taste samples of wine manufactured on the premises to persons who have attained the legal drinking age. A permittee under this section may also have either a "Class A" or "Class B" license, but not both. If a "Class A" or "Class B" liquor license has also been issued to the winery, the winery may offer the taste samples on the "Class A" or "Class B" premises.
125.53(2)
(2) Winery permits may be issued to any person except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another.
125.53(3)
(3) A permittee under this section that ships wine from this state to individuals in another state under authorization of a reciprocal agreement specified in
s. 139.035 shall submit a report to the department, by January 31 of each year, on forms furnished by the department. The report shall include the identity, quantity, and price of all products shipped during the previous calendar year from this state to individuals in another state under authorization of a reciprocal agreement specified in
s. 139.035. The report shall also include the name, address, and birthdate of each person who purchased these products and each person to whom these products were shipped. The department shall keep confidential, in the same manner required for tax returns under
s. 71.78 (1),
(4), and
(5) to
(8), reports submitted under this subsection.
125.53 Cross-reference
Cross Reference: See also s.
Tax 8.22, Wis. adm. code.
125.54
125.54
Wholesalers' permits. 125.54(1)
(1)
Authorized activities. The department shall issue wholesalers' permits authorizing the permittee to sell intoxicating liquor at wholesale from the premises described in the permit. Except as provided under
s. 125.69 (1) (b) 3., the permittee may not sell intoxicating liquor for consumption on the premises. If a wholesale permit is issued to a brewery that holds a "Class B" license, the permit shall authorize the wholesale sale of wine only. Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wine brought into this state under
s. 139.03 (5).
125.54(2)
(2) Persons eligible. Except as provided under
s. 125.69, a wholesaler's permit may be issued to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5), except a foreign corporation, a foreign limited liability company or 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.
125.54(5)
(5) Sales area. No wholesaler may sell any intoxicating liquor before filing with the department a written statement that the permittee is a distributor of a particular brand in this state, or an area of this state, and that the sales of that brand by the permittee and anyone purchasing from the permittee will be limited to the area specified. The permittee shall notify the department of any change in the area within 7 days of the effective date of the change.
125.54(6)
(6) Multiple permits. Not more than 2 wholesalers' permits may be issued to any one person. In each application for a wholesaler's permit, the applicant shall state that application has not been made for more than one other wholesaler's permit.
125.54(7)(a)1.1. The premises described in a permit issued under this section shall be capable of warehousing intoxicating liquor. Any intoxicating liquor sold by the permittee shall be physically unloaded at the premises described in the permit, or at any warehouse premises for which the permittee under this section also holds a permit issued under
s. 125.19, prior to being delivered to a retail licensee or permittee or to another wholesaler.
125.54(7)(a)2.
2. A permittee under this section shall annually sell and deliver intoxicating liquor to at least 10 retail licensees or permittees that do not have any direct or indirect interest in each other or in the permittee under this section. The department shall not issue a permit under this section unless the applicant represents to the department an intention to satisfy this requirement, and shall not renew a permit issued under this section unless the permittee demonstrates that this requirement has been satisfied.
125.54(7)(b)
(b) No intoxicating liquor retail licensee or permittee may receive a benefit from a violation under
par. (a) with knowledge of the circumstances giving rise to the violation.
125.54(7)(c)1.1. A wholesaler who violates this subsection shall be fined not more than $10,000. In addition, a court shall order the wholesaler to forfeit an amount equal to any profit gained by the wholesaler or by a retail licensee or permittee that violates
par. (b), or by both, resulting from the violation, and the court shall further order that the wholesaler's permit be revoked.
125.54(7)(c)2.
2. A court shall order a retail licensee or permittee who violates this subsection to forfeit an amount equal to any profit gained by the retail licensee or permittee resulting from the violation, and the court shall further order that the retail license or permit be revoked.
125.54(7)(c)3.
3. This paragraph shall not affect the authority of any municipality or the department to revoke, suspend, or refuse to renew or issue a license or permit under
s. 125.12.
125.54(7)(d)
(d) The department shall promulgate rules to administer and enforce the requirements under this subsection. The rules shall ensure coordination between the department's issuance and renewal of permits under this section and its enforcement of the requirements of this subsection, and shall require that all applications for issuance or renewal of permits under this section be processed by department personnel generally familiar with activities of intoxicating liquor wholesalers. The department shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under this section and for periodic site inspections by the department of such warehouse facilities.
125.54 Cross-reference
Cross Reference: See also s.
Tax 8.22, Wis. adm. code.
125.54 Annotation
Section 176.05 (1a) (b) [now s. 125.54 (5)] does not prohibit a wholesaler from selling to a retailer located outside an area described in an area statement provided that the sale takes place within that area. 70 Atty. Gen. 258.
125.55
125.55
Combination permits. 125.55(1)(1) The department may issue the following combination permits:
125.55(1)(a)
(a) A combination manufacturer's and rectifier's permit.
125.55(1)(b)
(b) A combination rectifier's and wholesaler's permit.
125.55(2)
(2) A combination manufacturer's and wholesaler's permit may not be issued.
125.55 History
History: 1981 c. 79;
1995 a. 27.
125.56
125.56
Sacramental wine. 125.56(1)(1)
Authorization to sell. Any person holding a permit under
s. 125.52 (1),
125.53 or
125.54 may sell sacramental wine directly to persons holding permits under
sub. (2).
125.56(2)(a)(a) The department shall issue sacramental wine permits to organized religious bodies authorizing them to purchase for their own use sacramental wine from any permittee under
s. 125.52 (1),
125.53 or
125.54. A permit under this subsection does not authorize the resale of sacramental wine by the permittee.
125.56(2)(b)
(b) No sacramental wine permit may be issued to a person acting as an agent for or in the employ of another.
125.56(2)(c)
(c) Shipments of sacramental wine shall be conspicuously labeled "for sacramental purposes" and shall meet any other requirements the department prescribes by rule.
125.56 History
History: 1981 c. 79;
1983 a. 516 s.
8.
125.58
125.58
Out-of-state shippers' permit; exception to requirement. 125.58(1)(1) The department shall issue out-of-state shippers' permits which authorize persons located outside this state to sell or ship intoxicating liquor into this state. Except as provided under
sub. (4), intoxicating liquor may be shipped into this state only to a person holding a manufacturer's, rectifier's, wholesaler's, industrial alcohol or medicinal alcohol permit. Except as provided under
sub. (4), a separate out-of-state shipper's permit is required for each location from which any intoxicating liquor is sold or shipped into this state, including the location from which the invoices are issued for the sales or shipments. Any person holding an out-of-state shipper's permit issued under this section may solicit orders for sales or shipments by the permittee without obtaining the sales solicitation permit required by
s. 125.65, but every agent, salesperson or other representative who solicits orders for sales or shipments by an out-of-state shipper shall first obtain a permit for soliciting orders under
s. 125.65. No holder of an out-of-state shipper's permit issued under this section may sell intoxicating liquor in this state or ship intoxicating liquor into this state unless the out-of-state shipper is the primary source of supply for that intoxicating liquor.
125.58(2)
(2) Out-of-state shippers' permits may be issued only to a person who holds a valid certificate issued under
s. 73.03 (50), but may not be issued to a person acting as an agent for or in the employ of another. 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 eligible 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.
125.58(4)(a)(a) A winery located outside of this state may ship wine into this state as provided under
s. 125.68 (10) (bm) if all of the following apply:
125.58(4)(a)1.
1. The winery is located in a state that has a reciprocal agreement with this state under
s. 139.035.
125.58(4)(a)2.
2. The winery holds a valid business tax registration certificate issued under
s. 73.03 (50). Notwithstanding
s. 73.03 (50), the department shall charge an annual fee of $10 for this registration.
