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(2u)
(2u) Notwithstanding
ss. 125.04 (3) (a) 3. and
(9) and
125.09 (1), in addition to the authorization specified in
sub. (1), a Class "B" license issued under this section to a caterer also authorizes the caterer to provide fermented malt beverages, including their retail sale, at the National Railroad Museum in Green Bay during special events held at this museum. Notwithstanding
sub. (1), a caterer may provide fermented malt beverages under this subsection at any location at the National Railroad Museum even though the National Railroad Museum is not part of the caterer's licensed premises, as described under
sub. (3) in the caterer's Class "B" license, and even if the National Railroad Museum is not located within the municipality that issued the caterer's Class "B" license. A caterer that provides fermented malt beverages under this subsection is subject to
s. 125.32 (2) as if the fermented malt beverages were provided on the caterer's Class "B" licensed premises. This subsection does not authorize the National Railroad Museum to sell fermented malt beverages at retail or to procure or stock fermented malt beverages for purposes of retail sale. This subsection does not apply if, at any time, the National Railroad Museum holds a Class "B" license.
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.
125.272
125.272
Face-to-face retail sales. Except as provided in
s. 125.26 (2m) and
(2s) and except with respect to caterers, a retail license issued under
s. 125.25 or
125.26, and a retail permit issued under
s. 125.27, authorizes only face-to-face sales to consumers at the premises described in the retail license or permit.
125.272 History
History: 2007 a. 85.
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(1)(d)
(d) Wholesalers licensed under this section, employees of such wholesalers, and individuals representing such wholesalers may not provide or participate in providing taste samples under
ss. 125.25 (1) and
125.33 (12).
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
e.
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. A brewer or individual representing a brewer may also provide taste samples as authorized under
s. 125.33 (12).
125.29(5)
(5) Brewpubs. No person holding a brewpub permit under
s. 125.295 may register as a brewer under this section.
125.29(6)
(6) Restaurants. No person issued a permit under this section after November 25, 2007 may hold a restaurant permit issued under
s. 254.64.
125.295(1)(1) The department shall issue brewpub permits to eligible applicants authorizing all of the following:
125.295(1)(a)
(a) The manufacture of fermented malt beverages on the brewpub premises if the entire manufacturing process occurs on these premises and not more than 10,000 barrels of fermented malt beverages are manufactured in a calendar year by the permittee's brewpub group.
125.295(1)(b)
(b) The bottling on brewpub premises of fermented malt beverages that have been manufactured on these premises.
125.295(1)(c)
(c) The packaging in refillable containers exceeding 24 ounces in volume, at the request of a customer and on brewpub premises, of fermented malt beverages that have been manufactured on these premises.
125.295(1)(d)
(d) The possession and storage of any fermented malt beverages on brewpub premises.
125.295(1)(e)
(e) The transportation of fermented malt beverages that have been manufactured on the brewpub premises between these premises and any other brewpub premises or Class "B" premises of the brewpub group.
125.295(1)(f)
(f) Subject to
s. 125.34 (3) and
(4), the sale at wholesale, shipment, transportation, and delivery, in original unopened packages or containers, to wholesalers, from the brewpub premises, of fermented malt beverages that have been manufactured on these premises or on other brewpub premises of the brewpub.
125.295(1)(g)
(g) The sale at wholesale, shipment, transportation, and delivery, in original unopened packages or containers, to retailers, from the brewpub premises, of fermented malt beverages that have been manufactured on these premises or on other brewpub premises of the brewpub. A brewpub's brewpub group may not sell, ship, transport, or deliver more than a total of 1,000 barrels of fermented malt beverages in any calendar year to retailers under this paragraph. Fermented malt beverages provided by a brewpub to any retail premises for which the brewpub group holds a retail license shall not be included in any calculation of the 1,000 barrel limitation under this paragraph. Deliveries and shipments of fermented malt beverages by a brewpub under this paragraph shall be made to retailers only at their retail premises. Any retailer receiving such a delivery or shipment is subject to the prohibition under
s. 125.34 (5) against further transporting the delivery or shipment to any other retail premises.
125.295(1)(h)
(h) The sale of alcohol beverages at retail on the brewpub premises in accordance with the terms of any retail license specified in
subs. (2) (a) 4. and
(3) (b) and
(c).
125.295(1)(i)
(i) Notwithstanding
s. 125.33 (1), the ownership, maintenance, and operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state if the fermented malt beverages have been manufactured by the brewpub.
125.295(2)(a)(a) An applicant is eligible for a brewpub permit only if all of the following apply:
125.295(2)(a)1.
1. The applicant's brewpub group manufactures a total of not more than 10,000 barrels of fermented malt beverages in a calendar year.
