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.
125.295(2)(a)2.
2. The applicant's entire process for manufacturing fermented malt beverages occurs on premises covered by a permit issued under this section. If the applicant holds more than one permit issued under this section, the applicant is not required to manufacture fermented malt beverages on each premises for which a permit is issued under this section.
125.295(2)(a)3.
3. The applicant operates a restaurant on the premises for which the permit is issued, for which a restaurant permit is issued under
s. 254.64.
125.295(2)(a)4.
4. The applicant holds a Class "B" license for the restaurant identified in
subd. 3. and, on these Class "B" premises, offers for sale, in addition to fermented malt beverages manufactured by the applicant, fermented malt beverages manufactured by a brewer other than the applicant and its brewpub group.
125.295(2)(a)6.
6. Neither the applicant nor the applicant's brewpub group holds, or has a direct or indirect ownership interest in a premises operating under, any of the following:
125.295(2)(b)
(b) If an applicant under
par. (a) has no current operations, the applicant may certify that the applicant has applied for or will apply for a Class "B" license or restaurant permit or will comply with any other requirement under
par. (a), prior to or upon commencing operations authorized under this section. If a Class "B" license or restaurant permit is not subsequently issued to the applicant, or if the applicant otherwise fails to comply with any requirement for eligibility under
par. (a), the department may revoke under
s. 125.12 (5) the permit issued under this section.
125.295(2)(c)
(c) If an applicant under
par. (a) holds any license or permit prohibited under
par. (a) 6. at the time of its application, the applicant may certify that the applicant will surrender any such license or permit upon issuance of a permit under this section. If the department issues a permit under this section and the applicant fails to surrender any license or permit prohibited under
par. (a) 6., the department may revoke under
s. 125.12 (5) the permit issued under this section. An applicant is not required to surrender any Class "B" license issued under s.
125.31 (1) (a) 2. or under s.
125.31 (1) (a) 3., 2005 stats., if the applicant's continued possession of the license is consistent with
subs. (1) (h),
(2) (a) 4., and
(3) (b) and
(c).
125.295(3)(a)(a) No brewpub group may hold more than 6 brewpub permits issued under this section.
125.295(3)(b)
(b) A brewpub may not hold any Class "B" license other than one issued for a restaurant on the brewpub premises. Notwithstanding
s. 125.26 (2) (a), each Class "B" license shall be issued for the brewpub's restaurant in the same name as the permittee under this section. Notwithstanding
s. 125.33 (1), a brewpub may own the furniture, fixtures, fittings, furnishings, and equipment on the Class "B" premises and shall pay any license fee or tax required for the operation of the premises.
125.295(3)(c)
(c) Subject to the requirements specified in
s. 125.51 (3) and
(3m), a brewpub may also hold "Class B" licenses and "Class C" licenses, but only for restaurants on brewpub premises.
125.295(4)
(4) The fee established by the department for a brewpub permit shall not exceed the fee established by the department for a permit under
s. 125.29.
125.295(5)
(5) The department shall promulgate rules and prescribe forms to ensure strict compliance with the requirements under this section.
125.295 History
History: 2007 a. 20.
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.
125.30 Annotation
Treating All Grapes Equally: Interstate Alcohol Shipping After Granholm. Gary. Wis. Law. March 2010.
125.31
125.31
Multiple licenses and permits; brewers. 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 another place, for the sale of fermented malt beverages for which a Class "B" license is required for each place, but, except as provided in
subd. 4., not more than 2 such Class "B" licenses shall be issued to any brewer.
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.
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.
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.
