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.
125.315(2)
(2) A person who violates
sub. (1) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
125.315 History
History: 1989 a. 253.
125.32
125.32
General restrictions and requirements. 125.32(1)(1)
Managers' licenses; class "B" licenses. 125.32(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, 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. 125.27 (2) is valid outside the municipality that issues it. A person manages Class "B" premises if that person has responsibility or authority for:
125.32(1)(a)1.
1. Personnel management of all employees, whether or not the person is authorized to sign employment contracts;
125.32(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
125.32(1)(b)
(b) The municipal governing body may, by ordinance, define factors in addition to those listed in
par. (a) which constitute management of Class "B" premises.
125.32(2)
(2) Operators licenses Class "A" or Class "B" premises. Except as provided under
sub. (3) (b) and
s. 125.07 (3) (a) 10., no premises operated under a Class "A" or Class "B" license or permit may be open for business unless there is upon the premises 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 serving any fermented malt beverages to customers. An operator's license issued in respect to a vessel under
s. 125.27 (2) is valid outside the municipality that issues it. For the purpose of this subsection, any person holding a manager's license 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 fermented malt beverages in any place operated under a Class "A" or 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, agent or a person holding an operator's license, who is on the premises at the time of the service.
125.32(2m)(a)(a) No person may allow another to use his or her Class "A" or Class "B" license or permit to sell alcohol beverages.
125.32(2m)(b)
(b) The license or permit of a person who violates
par. (a) shall be revoked.
125.32(3)(a)(a) No premises for which a Class "B" license or permit is issued may remain open between the hours of 2 a.m. and 6 a.m., except as provided in this paragraph and
par. (c). On Saturday and Sunday, the closing hours shall be between 2:30 a.m. and 6 a.m. except that, on the Sunday that daylight saving time begins as specified in
s. 175.095 (2), the closing hours shall be between 3:30 a.m. and 6 a.m. On January 1 premises operating under a Class "B" license or permit are not required to close.
125.32(3)(am)
(am) Between 12 midnight and 6 a.m. no person may sell fermented malt beverages on Class "B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises.
125.32(3)(b)
(b) Class "A" premises may remain open for the conduct of their regular business but may not sell fermented malt beverages between 12 midnight and 8 a.m.
Subsection (2) does not apply to Class "A" premises between 12 midnight and 8 a.m. or at any other time during which the sale of fermented malt beverages is prohibited by a municipal ordinance adopted under
par. (d).
125.32(3)(c)
(c) Hotels and restaurants the principal business of which is the furnishing of food and 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 fermented malt beverages during the hours specified in
par. (a).
125.32(3)(d)
(d) A municipality may, by ordinance, impose more restrictive hours than those provided in
par. (am) or
(b), but may not impose different hours than those provided in
par. (a) or
(c).
125.32(3m)
(3m) Limitations on other business; Class "B" premises. No Class "B" license or permit may be granted for any premises where any other business is conducted in connection with the premises, except that this restriction does not apply if the premises for which the Class "B" license or permit is issued is connected to premises where other business is conducted by a secondary doorway that serves as a safety exit and is not the primary entrance to the Class "B" premises. No other business may be conducted on premises operating under a Class "B" license or permit. These restrictions do not apply to any of the following:
125.32(3m)(b)
(b) A restaurant, whether or not it is a part of or located in any mercantile establishment.
125.32(3m)(d)
(d) A combination sporting goods store and tavern in towns, villages and 4th class cities.
125.32(3m)(g)
(g) A club, society or lodge that has been in existence for 6 months or more prior to the date of filing application for the Class "B" license or permit.
125.32(5)
(5) Signs near taps and brands on tap; Class "B" premises. Every Class "B" licensee or permittee selling or offering for sale draught fermented malt beverages shall display a sign on or near each tap or faucet disclosing the brand of fermented malt beverage drawn from the tap or faucet and the name of the brewer or brewpub that manufactured it. No Class "B" licensee or permittee may substitute any other brand of fermented malt beverage in place of the brand designated on the sign with the intent to defraud or deceive the customer.
125.32(6)
(6) Limitations on beverages on wholesale and retail premises. 125.32(6)(a)(a) Except as provided in
s. 125.33 (2) (o) or
(12) or
125.70, and subject to
par. (c), no person may possess on the premises covered by a retail or wholesale fermented malt beverages license or permit any alcohol beverages not authorized by law for sale on the premises.
125.32(6)(b)
(b) No fermented malt beverage licensee or permittee may keep any beverages of an alcoholic content prohibited by federal law on the premises covered by the license or permit.
125.32(6)(c)
(c) Paragraph (a) does not prohibit a licensee under
s. 125.26 from allowing, if the licensed premises are located in a public park within a 1st class city, a person who does not hold a license or permit under this chapter to possess and consume on the licensed premises fermented malt beverages that were not purchased from the licensee.
125.32(7)(a)(a) No fermented malt beverages may be sold, offered, or exposed for sale, kept in possession with intent to sell, or served on any premises for which a license or permit for the sale of fermented malt beverages has been issued unless each barrel, keg, cask, bottle, or other container bears a label or other identification with the name and address of the brewer or brewpub that manufactured it. The possession of any fermented malt beverages which are not so identified on any premises for which a license or permit for the sale of fermented malt beverages has been issued is prima facie evidence that the fermented malt beverages are possessed with intent to sell, offer for sale, display for sale, or give away.
125.32(7)(b)
(b) No container containing fermented malt beverages may be sold, offered or exposed for sale, kept in possession with intent to sell or served on any premises for which a license or permit for the sale of fermented malt beverages has been issued unless there is a label or other identification on the container bearing a statement of its contents in fluid ounces in plain legible type.
125.32 History
History: 1981 c. 79;
1983 a. 27,
74,
192,
452;
1985 a. 28,
33,
221,
317;
1987 a. 27,
121;
1989 a. 253;
1991 a. 28,
39,
315;
1993 a. 112;
1995 a. 320;
2007 a. 3,
9,
20;
2009 a. 128.
125.32 Cross-reference
Cross-reference: See also s.
Tax 7.21, Wis. adm. code.
125.33
125.33
Restrictions on dealings between brewers, brewpubs, wholesalers, and retailers. 125.33(1)(a)(a) Except as provided in this section and
ss. 125.295 and
125.31, no brewer, brewpub, or wholesaler may furnish, give, lend, lease, or sell any furniture, fixtures, fittings, equipment, money, or other thing of value to any campus or Class "B" licensee or permittee, or to any person for the use, benefit, or relief of any campus or Class "B" licensee or permittee, or guarantee the repayment of any loan or the fulfillment of any financial obligation of any campus or Class "B" licensee or permittee. Such actions may not be taken by the brewer, brewpub, or wholesaler directly or indirectly, or through a subsidiary or affiliate corporation or limited liability company, or by any officer, director, stockholder, partner, or member thereof.
125.33(1)(b)
(b) No brewer, brewpub, or wholesaler may enter into any agreement whereby any campus or Class "B" licensee or permittee is required to purchase the fermented malt beverages of any brewer or brewpub to the exclusion of those manufactured by other brewers or brewpubs. Such contracts may not be entered into by the brewer, brewpub, or wholesaler, directly or indirectly, or through a subsidiary or an affiliate corporation or limited liability company, or by any officer, director, stockholder, partner, or member thereof.
125.33(2)
(2) Exceptions. Notwithstanding the prohibitions in
sub. (1), a brewer, brewpub, or wholesaler may:
125.33(2)(a)
(a) Give to any campus or Class "B" licensee or permittee, at any given time, for placement inside the premises, signs, clocks, or menu boards with an aggregate value of not more than $2,500. If a gift of any item would cause the $2,500 limit to be exceeded, the recipient shall pay the brewer, brewpub, or wholesaler the amount of the item's value in excess of $2,500. Each recipient shall keep an invoice or credit memo containing the name of the donor and the number and value of items received under this paragraph. The value of an item is its cost to the donor. Each recipient shall make the records kept under this paragraph available to the department for inspection upon request.
125.33(2)(b)
(b) Give to any campus or Class "B" licensee or permittee any of the following:
125.33(2)(b)2.
2. Signs made from paper, cardboard, plastic, vinyl, or other like material for placement inside the premises, notwithstanding the aggregate value limitation of
par. (a).
125.33(2)(c)
(c) Sell at fair market value to a campus or Class "B" licensee or permittee miscellaneous advertising matter, the items specified under
pars. (a) and
(b), nonmechanical coolers and tavern supply items used in the consumption of food or alcohol beverages.
125.33(2)(d)
(d) Sell to a campus or Class "B" licensee or permittee at fair market value equipment designed and intended to preserve and maintain the sanitary dispensing of fermented malt beverages or any services necessary to maintain this kind of equipment. A brewer, brewpub, or wholesaler shall charge the same price per unit of equipment to each campus or Class "B" licensee or permittee making the same or a similar purchase, and shall charge the same rate to each campus or Class "B" licensee or permittee purchasing maintenance services under this subdivision. Each brewer, brewpub, or wholesaler shall keep records of each transaction under this subdivision and shall make the records available to the department upon request.
125.33(2)(e)
(e) Sell at fair market value or maintain for a fair consideration dispensing equipment such as direct draw boxes, novelty boxes, coil boxes, beer storage boxes or tapping equipment, none of which may include bar additions, to campuses or Class "B" licensees and permittees for cash or on credit for not more than 2 years. Credit sales of equipment shall be evidenced by a written contract stating the terms, conditions and monthly payments. Within 10 days after the execution of the contract, the seller shall record the contract with the register of deeds for the county in which the equipment is installed.
125.33(2)(f)
(f) Sell consumable merchandise intended for resale, including the sale or loan of containers thereof, to campuses and Class "B" licensees and permittees in the regular course of business.
125.33(2)(g)
(g) Purchase advertising and other services and rights for a fair consideration from any corporate Class "B" licensee or permittee who is a member of a regularly established athletic league and whose principal business is the ownership, maintenance and operation of a professional athletic team playing a regular schedule of games and whose principal source of income is derived from the sale of tickets to games played by such teams.
125.33(2)(h)
(h) Contribute money or other things of value to or for the benefit of a nonprofit corporation, exempt under section
501 (c) (3) of the internal revenue code, as defined in
s. 71.22 (4), which is conducting festivals of limited duration in a 1st class city if the festivals are sponsored and endorsed in whole or part by a municipal corporation.
125.33(2)(hm)
(hm) Contribute money or other things of value to or for a nonprofit corporation which conducts an autumn ethnic festival of limited duration in a 2nd class city that had a population in 1986 of at least 49,000 but less than 50,000, if that festival is sponsored and endorsed in whole or part by that municipal corporation.
125.33(2)(i)
(i) Lease or lend furniture, fixtures, fittings and equipment to any person in possession of a Class "B" premises where the furniture, fixtures, fittings and equipment were installed on the Class "B" premises prior to May 24, 1941. Any brewer or wholesaler who repossesses any furniture, fixtures, fittings or equipment leased, lent or sold to any Class "B" licensee or permittee may sell them to any Class "B" licensee or permittee, for cash on delivery only, and shall deliver a bill of sale to the purchaser. Any application for a Class "B" license or permit after May 24, 1941, shall contain an affidavit by the applicant, setting forth the ownership of the fixtures in or attached to the premises and if the fixtures are not owned by the applicant, the manner, terms and conditions under which the fixtures are held.
125.33(2)(j)
(j) Contribute money or other items of value to, or purchase advertising from, an institution of higher education which is exempt under section
501 (c) (3) of the internal revenue code, as defined in
s. 71.22 (4), if the contribution or purchase is for a purpose other than the use, benefit, or relief of premises or operations for the sale of fermented malt beverages and is not contingent either upon the use of the product of the brewer, brewpub, or wholesaler by the institution or upon an agreement by the institution wholly or partly to exclude from sale the products of a competing brewer, brewpub, or wholesaler.
125.33(2)(k)
(k) Contribute money or other items of value, or purchase advertising from, a campus if the contribution or purchase is for a purpose other than the use, benefit, or relief of premises or operations for the sale of fermented malt beverages and is not contingent either upon the use of the product of the brewer, brewpub, or wholesaler by the campus or upon an agreement by the campus partly or wholly to exclude from sale the products of a competing brewer, brewpub, or wholesaler.
125.33(2)(L)1.1. Purchase advertising for a fair consideration from a bona fide national or statewide trade association that derives its principal income from membership dues of Class "B" licensees.
125.33(2)(L)2.
2. Purchase advertising from a person who does not hold a license under this chapter and who conducts national or regional sweepstakes, contests, or promotions on the premises of Class "B" licensees or permittees that sell the brewer's, brewpub's, or wholesaler's products. The person may promote an event or activity in connection with a sweepstakes, contest, or promotion, including promoting the location of the event or activity, if the Class "B" licensee or permittee on whose premises the event or activity will occur does not receive money for hosting the event or activity and, except as provided in
subd. 4., if the advertising for the event or activity identifies at least 4 unaffiliated Class "B" licensees or permittees.
125.33(2)(L)3.
3. Conduct national or regional sweepstakes, contests, or promotions on the premises of Class "B" licensees or permittees that sell the brewer's, brewpub's, or wholesaler's products. The brewer, brewpub, or wholesaler may promote an event or activity in connection with a sweepstakes, contest, or promotion, including promoting the location of the event or activity, if the Class "B" licensee or permittee on whose premises the event or activity will occur does not receive money for hosting the event or activity and, except as provided in
subd. 4., if the advertising for the event or activity identifies at least 4 unaffiliated Class "B" licensees or permittees.
125.33(2)(L)4.
4. A brewer that manufactures less than 30,000 barrels of fermented malt beverages annually, or a brewpub, may purchase advertising under
subd. 2., and may promote sweepstakes, contests, or promotions through advertising under
subd. 3., if the advertising identifies at least one Class "B" licensee or permittee.
125.33(2)(m)
(m) Purchase products from a Class "B" licensee or permittee.
125.33(2)(n)1.1. Provide, in this state, reasonable business entertainment that is deductible under section
162 of the internal revenue code to a Class "B" licensee or permittee by doing any of the following:
125.33(2)(n)1.a.
a. Providing tickets or free admissions to athletic events, concerts or similar activities.
125.33(2)(n)1.b.
b. Providing food and beverages and paying for local ground transportation in connection with activities described in
subd. 1. a. and business meetings.
125.33(2)(n)2.
2. Notwithstanding
subd. 1., no brewer, brewpub, or wholesaler may provide business entertainment to a Class "B" licensee or permittee under
subd. 1. in one day that has a value exceeding $500, and no brewer, brewpub, or wholesaler may provide business entertainment to a Class "B" licensee or permittee under
subd. 1. on more than 8 days in any calendar year.
125.33(2)(o)
(o) Furnish, free of charge, on Class "B" premises, taste samples of fermented malt beverages to any person who has attained the legal drinking age and who is attending a trade show, conference, convention or similar business meeting, that is held on those premises, of a bona fide national or statewide trade association that derives income from membership dues of Class "B" licensees. Taste samples may not be furnished under this paragraph at more than 2 such events of any one trade association per year. No fermented malt beverages brought on Class "B" premises under this paragraph may remain on those premises after the close of the trade show, conference, convention or business meeting.
125.33(2)(p)1.1. Have present not more than 3 individuals representing the brewer or brewpub at a fermented malt beverages tasting event that lasts 2 days or less and at which taste samples of fermented malt beverages brewed or sold by at least 5 different brewers or brewpubs are offered for consumption by persons who either pay for the taste samples or pay a charge for admission to the event. Any individual representing a brewer or brewpub shall confine his or her activities on the premises to ensuring the integrity of, providing information about, and dispensing the brewer's or brewpub's fermented malt beverages.
125.33(2)(p)2.
2. No Class "B" licensee or permittee may allow more than one event described in
subd. 1. on the premises within one year.
125.33(2m)
(2m) Exception for golf course. Notwithstanding the prohibitions in
sub. (1), 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 license 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 license and the Class "B" license or permit shall be renewed annually upon application, unless revoked under
s. 125.12. An application for a wholesaler's license to which this subsection applies shall have attached to it an affidavit stating the applicant's interest in the Class "B" premises.
125.33(2s)
(2s) Exception for retail trade association contributions. Notwithstanding the prohibitions in
sub. (1), a brewer, brewpub, or wholesaler may contribute money or other things of value to a bona fide national, statewide, or local trade association that derives its principal income from membership dues of Class "B" licensees.
125.33(3)
(3) Exemption for certain real estate. The restrictions contained in
sub. (1) do not apply to real estate owned in whole or part on May 24, 1941, by any brewer or wholesaler, directly or indirectly, or through or by a subsidiary or affiliate corporation, or by any officer, director, stockholder, partner or trustee for any of the foregoing, or upon which any of the foregoing held a valid lien on May 24, 1941, or to any real estate owned in whole or part by any of the foregoing upon which there is or may be a hotel of 100 or more rooms.
125.33(4)
(4) Commercial credit. Nothing in
sub. (1) affects the extension of usual and customary commercial credits for products of the fermented malt beverages industry actually sold and delivered.
125.33(5)
(5) Violations. Any licensee or permittee who is a party to any violation of
sub. (1) or who receives the benefits thereof shall be guilty of the violation.
125.33(6)
(6) Volume discounts to retailers. Wholesalers of fermented malt beverages, and brewpubs with respect to sales of fermented malt beverages authorized under
s. 125.295 (1) (g), shall charge the same price to all campuses and retail licensees and permittees making purchases in similar quantities. Any discount offered on fermented malt beverages shall be delivered to the retailer in a single transaction and single delivery, and on a single invoice.
125.33(7)
(7) Retail purchase credit restrictions. 125.33(7)(a)1.1. No fermented malt beverages retail licensee or permittee may:
125.33(7)(a)1.a.
a. Receive, purchase, or acquire fermented malt beverages from any licensee, or from any brewpub acting under authority of
s. 125.295 (1) (g), except for cash or credit for a period of not more than 15 days.
125.33(7)(a)1.b.
b. Receive, purchase, or acquire fermented malt beverages from any licensee or permittee, or from any brewpub acting under authority of
s. 125.295 (1) (g), if at the time of the receipt, purchase, or acquisition he or she is indebted to any licensee, permittee, or brewpub for fermented malt beverages received, purchased, acquired, or delivered more than 15 days earlier.
125.33(7)(a)2.
2. No campus or fermented malt beverage retail licensee or permittee may receive any fermented malt beverages on consignment or on any basis other than a bona fide sale.
125.33(7)(b)
(b)
Restrictions on issuance of licenses and permits. No Class "A" or Class "B" license or permit may be issued to a person having an indebtedness for fermented malt beverages outstanding for more than 15 days. In each application for a Class "A" or Class "B" license or permit, the applicant shall state whether he or she has indebtedness for fermented malt beverages to any licensee, permittee, or brewpub which has been outstanding for more than 15 days.
125.33(7)(c)
(c)
Wholesalers and brewpubs holding retail licenses and permits. For purposes of this subsection, a person holding both a fermented malt beverage wholesale license and a fermented malt beverage retail license is deemed a fermented malt beverage retailer. For purposes of this subsection, a brewpub, when acting under authority of a retail license with respect to fermented malt beverages not manufactured by the brewpub, is deemed a fermented malt beverages retailer. This paragraph does not affect any provision of this subsection with respect to a brewpub acting under authority of
s. 125.295 (1) (g).
125.33(7)(d)
(d)
Penalties. A retail licensee or permittee who violates this subsection is subject to the penalties under
s. 125.11 except that he or she may not be imprisoned. No brewer, brewpub, or wholesaler may be subjected to any penalty as the result of the sale of fermented malt beverages to a campus or retail licensee or permittee when purchased by the campus or retail licensee or permittee in violation of this subsection.
