125.04 Annotation
Sub. (1) requires that the actual owner of an establishment selling intoxicating liquor possess the license in his or her own name. State v. Eastman,
148 Wis. 2d 254,
435 N.W.2d 278 (Ct. App. 1988).
125.04 Annotation
A license never should have been issued when a notice of application had not been published as required under s. 125.04 (3) (g), and a license issued without publication is void under s. 125.04 (2). Selling liquor under a void license constitutes a violation of s. 125.66 (1). Under s. 125.12, a renewal licensee, if refused, is guaranteed a right to be heard by the municipality, and the municipality must show cause for refusal, but a new licensee, if refused, has no such guarantee. When an original license is void, the applicant is a new licensee. Williams v. City of Lake Geneva,
2002 WI App 95,
253 Wis. 2d 618,
643 N.W.2d 864,
01-1733.
125.04 Annotation
Proprietors of a bed and breakfast may solicit voluntary contributions from guests at a social event held on the premises to defray the cost of alcohol, but proprietors who do not hold a license may not serve alcohol at a social event only to those who pay an admission fee.
80 Atty. Gen. 218.
125.04 Annotation
A village board's denial of an application for a liquor license did not deprive the applicant of either liberty or property. Scott v. Village of Kewaskum,
786 F. 2d 338 (1986).
125.04 Annotation
90 Proof: Liquor Licensing in Wisconsin. Murrell. Wis. Law. May 2009.
125.045
125.045
Booklet for licensees and permittees. 125.045(1)
(1) The department shall prepare a booklet explaining the state statutes and rules relating to the retail sale of alcohol beverages, written concisely in language which is clearly understood by those required to utilize it.
125.045(2)
(2) The department shall provide a copy of the booklet under
sub. (1) free of charge to each person issued a permit, including a renewal, under
s. 125.27 or
125.51 (5). The department shall provide the booklet for a charge not to exceed cost, as provided under
s. 20.908, to municipalities.
125.045(3)
(3) A municipality shall provide a copy of the booklet under
sub. (1) to each person issued a license, including a renewal, under
s. 125.17,
125.18,
125.25,
125.26 or
125.51 (1) by the municipality unless the municipality requires the person to complete an instructional program which includes the subject matter of the booklet or unless the person completes the program under
s. 125.04 (5) (a) 5. or
125.17 (6). This section does not preclude a municipality from charging a fee for such a program. A municipality may charge for the booklet in an amount not to exceed the amount charged by the department under
sub. (2).
125.05
125.05
Local option; remonstrances. 125.05(1)
(1)
Local option. Electors of any municipality may determine, by ballot at the election held on the first Tuesday in April, the questions of whether the municipality shall issue retail licenses for the sale of fermented malt beverages or intoxicating liquor or whether a retail store operated by the municipality shall cease operation.
125.05(1)(a)
(a)
Questions. The following questions may be submitted to the electors:
125.05(1)(a)1.
1. "Shall Class `B' licenses (taverns, hotels, restaurants, clubs, societies, lodges, fair associations, etc.) be issued for the retail sale of beer for consumption on or off the premises where sold?"
125.05(1)(a)2.
2. "Shall Class `A' licenses (stores, etc.) be issued for the retail sale of beer in original packages to be consumed away from the premises where sold?"
125.05(1)(a)3.
3. "Shall `Class B' licenses (taverns, restaurants, hotels, etc.) be issued for the retail sale of intoxicating liquor for consumption on the premises where sold?"
125.05(1)(a)3m.
3m. "Shall `Class C' licenses (restaurants) be issued for the retail sale of wine for consumption on the premises where sold?"
125.05(1)(a)4.
4. "Shall `Class A' licenses (stores, etc.) be issued for the retail sale of intoxicating liquor in original packages to be consumed away from the premises where sold?"
125.05(1)(a)5.
5. In the case where a municipal store is operating under s.
176.08, 1967 stats., "Against liquor store?"
125.05(1)(b)
(b)
Procedure. The following procedure shall govern the election under this subsection:
125.05(1)(b)1.
1. A written petition shall be circulated requesting that the question be submitted to the electors of the municipality affected by the question. A separate petition for each question shall be circulated. The contents of the petition shall be governed by
s. 8.40.
125.05(1)(b)2.
2. Petitions shall be circulated by qualified electors who reside within the municipality affected by the question. No petition may be circulated prior to 60 days before the date required for filing.
125.05(1)(b)3.
3. No signature on the petition may be counted unless it was written and dated within 60 days prior to the date required for filing.
125.05(1)(b)4.
4. Petitions shall be signed by a number of qualified electors within the municipality affected by the question equal to at least 15% of the number of votes cast for governor in the affected municipality at the last general election.
125.05(1)(b)5.
5. The petition shall be filed with the clerk of the municipality at least 70 days prior to the first Tuesday of April.
125.05(1)(b)6.
6. Within 5 days after the petition is filed, the clerk shall determine the sufficiency of the petition, and shall state the finding in a certificate signed by the clerk, dated and attached to the petition.
125.05(1)(b)8.
8. After the conditions of
subd. 6. are satisfied, the clerk shall promptly order that each question stated in a petition found to be sufficient shall be submitted to the electors at the election to be held on the first Tuesday of April following the date of the order.
125.05(1)(b)9.
9. City clerks shall give notice of the election as provided in
ch. 10 for notice of a regular city election. Village and town clerks shall give notice of the election by posting written or printed notices in at least 5 public places in the village or town not less than 10 days prior to the election.
125.05(1)(b)11.
11. The election on any question shall be conducted in the same manner as other elections are conducted in the municipality. The canvassers shall determine and immediately certify the results of the election.
125.05(1)(c)
(c)
Term of election results. The result of an election under
par. (b) shall remain in effect for 2 years and thereafter unless changed at another election on the question, except that a vote to discontinue operation of a municipal store may not be changed at another election.
125.05(1)(d)
(d)
Wholesalers' permits. If the election results prohibit the retail sale of fermented malt beverages, the department shall include as a condition of any wholesaler's permit issued under
s. 125.28 for a premises within the municipality that the wholesaler may not sell or deliver fermented malt beverages within the municipality to any person residing therein.
125.05(2)(a)(a)
Residence district. In this subsection, "residence district" means any clearly described compact, contiguous territory in any municipality bounded by corporation or ward lines, public streets, public roads, public alleys or water courses, in which not less than 100 and not more than 750 qualified electors reside.
125.05(2)(b)
(b)
No previous licenses. A residence district may be created in a municipality which has not previously issued a license to sell intoxicating liquor in the residence district if a majority of the district's electors sign and file with the municipal clerk on or before May 1 in any year a written remonstrance describing the boundaries of the residence district and stating that no license may be issued within the district.
125.05(2)(c)
(c)
Previous licenses. A residence district may be created in a municipality which has previously issued a license to sell intoxicating liquor in the residence district if a majority of the district's electors sign and file with the municipal clerk not earlier than May 1 nor later than May 15 in any year, a written remonstrance describing the boundaries of the residence district and stating that no licenses may be issued within the district.
125.05(2)(d)
(d)
Limits on district. The greatest length of a residence district may not be more than 4 times its narrowest width. No part of any one residence district once created by the electors may be used to create another residence district. A residence district or part thereof in which licenses may not be issued may not be used to create another residence district. Property occupied exclusively for educational, religious or charitable purposes and public parks in residence districts may be included in residence districts as residence property, but shall not be used in determining the boundaries or size of any such district.
125.05(2)(e)
(e)
Restrictions on licenses in residence districts. No license to sell intoxicating liquor may be issued in a residence district created under
par. (b) or
(c) after a remonstrance is filed except:
125.05(2)(e)1.
1. Licenses may be issued for specific locations within a residence district under
par. (b) if a majority of the electors in the district sign and file with the municipal clerk written consent for the issuance of licenses for the specific locations.
125.05(2)(e)2.
2. Licenses may be issued in residence districts created under
par. (c) if a majority of the electors in the district sign and file with the municipal clerk a counter petition stating that licenses may be issued in that district.
125.05(2)(f)
(f)
Exclusions. The prohibition on the issuance of licenses within a residence district does not apply to:
125.05(2)(f)1.
1. The frontage of that side of any street or road between intersecting streets or roads in any city, village or town upon which one-third of the lineal feet of the property abutting thereon is devoted to or used for a commercial, mercantile, manufacturing or other business purpose.
125.05(2)(f)2.
2. The street or road frontage on either side of such street or road if one-third of the lineal feet of property abutting on both sides thereof between intersecting streets or roads is so used.
125.05(2)(f)3.
3. The frontage on either or both sides of a highway in towns or unincorporated villages within a distance of 400 feet if one-third of the lineal feet of the property abutting upon the highway within that distance is so used.
125.05(2)(f)4.
4. Actual and bona fide hotels maintaining, in 1st class cities, 50 or more sleeping rooms for the accommodation of transient guests; in 2nd class cities, 25 or more such rooms; in 3rd class cities, 18 or more such rooms; and in 4th class cities, 10 or more such rooms.
125.05(2)(g)
(g)
Documents; signatures and circulation. The electors signing a remonstrance, consent or counter petition under
par. (b),
(c) or
(e) shall subscribe to the document their names together with, in cities and villages, the street or lot and block numbers of their residences and, in towns, the quarter-section numbers of their residences. Each elector shall sign the document before a resident of the district who is circulating it. Each person circulating a document shall file an affidavit that each signer is a qualified elector of the residence district referred to in the document and that the signers' names and addresses on the document are genuine. No elector may sign more than one remonstrance or counter petition affecting the elector's residence district. The documents may be separate. Any number of persons may circulate the documents.
125.05(2)(h)
(h)
Number of electors. The number of electors in a residence district shall equal not less than the number of names with residences in the district which appear on the registration list, as defined in
s. 5.02 (17), for the residence district on the date that the remonstrance, consent, or counter petition is filed. A person whose name does not appear on a registration list may not sign a protest petition, consent or counter petition.
125.05(2)(i)
(i)
Notice. At least 5 days before soliciting signatures to any remonstrance or counter petition, notice of intent to do so, describing the boundaries of the proposed residence district, shall be published as a class 1 notice under
ch. 985, in the district described in the remonstrance or counter petition. No remonstrance or counter petition may be filed before proof of compliance with this section is filed with the clerk of the municipality.
125.05(2)(j)
(j)
Publication, objections and effects of filing. Within 10 days after a remonstrance or counter petition has been filed, the officials of the municipality authorized to issue licenses for the sale of intoxicating liquor shall publish a class 1 notice, under
ch. 985, within the residence district stating that at a hearing held on a day fixed by the officials:
125.05(2)(j)1.
1. The officials will examine and consider the remonstrance or counter petition.
125.05(2)(j)2.
2. Any person objecting to the sufficiency of the remonstrance or counter petition may appear before the officials and file objections to the remonstrance or counter petition.
125.05(2)(j)4.
4. The officials shall identify any material defect in the remonstrance or counter petition and point them out to the persons who filed the remonstrance or counter petition.
125.05(2)(j)5.
5. The persons who filed the remonstrance or counter petition shall be permitted to correct the defects within 15 days after the hearing.
125.05(2)(j)6.
6. If the defects are corrected, no license may be issued within the residence district except as provided in
pars. (e) and
(f). If the defects are not corrected, licenses may continue to be issued within the district.
125.06
125.06
License and permit exceptions. No license or permit is required under this chapter for:
125.06(1)
(1) Brewers' premises. The furnishing, by brewers, of fermented malt beverages free of charge to customers, visitors and employees on the brewery premises if the fermented malt beverages are consumed on the brewery premises and are not furnished or consumed in or near any room or place where intoxicating liquor is sold.
125.06(2)
(2) Hospitals; practice of medicine or surgery. 125.06(2)(a)(a) The use of alcohol beverages in institutions licensed under
subchs. I and
II of ch. 50 where the beverages are used solely for medicinal, mechanical or scientific purposes.
125.06(2)(b)
(b) The use or prescription of alcohol beverages by a person licensed to practice medicine or surgery in the treatment of the sick.
125.06(2)(c)
(c) Notwithstanding
pars. (a) and
(b), a permit to receive shipments of alcohol under
s. 125.61 must be obtained before alcohol beverages may be used or prescribed under
pars. (a) and
(b).
125.06(3)
(3) The making of homemade wine or fermented malt beverages. 125.06(3)(a)(a) The making of homemade wine or fermented malt beverages, and the possession, transportation, or storage of homemade wine or fermented malt beverages, by any person if all of the following apply:
125.06(3)(a)1.
1. The person who makes the wine or fermented malt beverages receives no compensation.
125.06(3)(a)2.
2. The wine or fermented malt beverages are not sold or offered for sale.
125.06(3)(a)3.
3. The total quantity of wine or fermented malt beverages made, in a calendar year, by the person and any other person living in the same household does not exceed 100 gallons if the household has only one person of legal drinking age or 200 gallons if the household has 2 or more persons of legal drinking age.
125.06(3)(b)
(b) A person who makes, possesses, transports, or stores homemade wine or fermented malt beverages in compliance with the limitations specified in
par. (a) is not a brewer or a manufacturer of wine for purposes of this chapter.
125.06(3)(c)
(c) Homemade wine or fermented malt beverages made in compliance with the limitations specified in
par. (a) may be consumed by the person who made it and his or her family, neighbors, and friends at any private residence or other private location where the possession and consumption of alcohol is permissible under this chapter, local ordinances, and other applicable law. This paragraph does not apply to licensed premises.
125.06(3g)
(3g) Wine or fermented malt beverages made at supply stores. The manufacture of wine or fermented malt beverages by any person at a business primarily engaged in selling supplies and equipment for use by homebrewers or home winemakers, and, notwithstanding
s. 125.09 (1), the tasting at the business of wine or fermented malt beverages so manufactured, if the wine or fermented malt beverages are not sold or offered for sale. Wine or fermented malt beverages provided at a business for tasting under this subsection may only be provided by a person who holds an operator's license issued under
s. 125.17.
125.06(3m)
(3m) The use of homemade wine or fermented malt beverages for competitions or exhibitions or similar purposes. 125.06(3m)(a)(a) The use of homemade wine or fermented malt beverages made in compliance with the limitations specified in
sub. (3) (a) for purposes of exhibition, demonstration, judging, tasting, or sampling or as part of a contest or competition, if the exhibition, demonstration, judging, tasting, sampling, contest, or competition is held at a private residence or on a licensed premises. Homemade wine or fermented malt beverages used for purposes described in this paragraph, including the submission or consumption of such wine or fermented malt beverages, are not considered sold or offered for sale under
sub. (3) (a) 2. and any prize awarded at a contest or competition or as a result of an exhibition, demonstration, judging, tasting, or sampling is not considered compensation under
sub. (3) (a) 1., but no fee may be charged for consumption of the homemade wine or fermented malt beverages at the exhibition, demonstration, judging, tasting, sampling, contest, or competition.
125.06(3m)(b)
(b) Notwithstanding
ss. 125.14 (5),
125.315,
125.32 (6) (a),
125.34 (2) and
(5), and
125.67, a person who is not a licensee under this chapter may at a private residence, and a person who is a licensee under this chapter may on the licensed premises, conduct, sponsor, or host a contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade wine or fermented malt beverages made in compliance with the limitations specified in
sub. (3) (a) if the person does not sell the wine or fermented malt beverages and, unless the person is the maker of the wine or fermented malt beverages, does not acquire any ownership interest in the wine or fermented malt beverages. No fee may be charged for consumption of homemade wine or fermented malt beverages at the contest, competition, or other event. If the contest, competition, or other event is held on licensed premises, the licensee may allow the homemade wine or fermented malt beverages to be stored on the premises if the homemade wine or fermented malt beverages are clearly identified and kept separate from any alcohol beverages owned by the licensee. If the contest, competition, or other event is held on licensed premises, the provisions of
ss. 125.32 (7) and
125.68 (9) (e) do not apply with respect to the homemade wine or fermented malt beverages. If the contest, competition, or other event is held on licensed premises, the licensee shall comply with all provisions of this chapter and local ordinances that would apply if the fermented malt beverages or wine were not homemade, except those provisions made specifically inapplicable under this paragraph.
125.06(3r)
(3r) Wine or fermented malt beverages made for educational purposes. The manufacture of wine or fermented malt beverages for educational purposes, and, notwithstanding
s. 125.09 (1), the tasting of the wine or fermented malt beverages at the place of manufacture, if the wine or fermented malt beverages are not sold or offered for sale.
125.06(4)
(4) Unadulterated cider. The manufacture or sale of unadulterated apple cider.
125.06(5)
(5) Railroads, aircraft. The sale of alcohol beverages on any railroad dining, buffet or cafe car or aircraft, while in transit. Except as authorized under
s. 125.26 (3m) or
125.51 (3) (dm), alcohol beverages may be consumed in a railroad dining, buffet or cafe car or aircraft only while it is in transit.
125.06(6)
(6) Public parks. The sale of fermented malt beverages in any public park operated by a county or municipality. Fermented malt beverages shall be sold by officers or employees of the county or municipality under an ordinance, resolution, rule or regulation enacted by the governing body.
125.06(7)
(7) Judicial, personal representative's, guardian's, receiver's or trustee's sale. The sale of alcohol beverages at any judicial, personal representative's or guardian's sale or any sale by a receiver or trustee in insolvency or bankruptcy, where the estate being administered possesses a license or permit in effect on the date of such sale.
125.06(8)
(8) Sale by secured party. The sale of alcohol beverages by a secured party in good faith under the terms of a security agreement, if the sale is not for the purpose of avoiding this chapter or
ch. 139. The sale must be in the ordinary course of the business of lending money secured by a security interest in alcohol beverages or warehouse receipts or other evidence of ownership. A sale of fermented malt beverages must be made within 15 days after the secured party takes possession of the fermented malt beverages unless the secured party demonstrates good cause why a sale in compliance with
s. 409.610 (2) or the security agreement cannot be made within this time period.
125.06(9)
(9) Ceramic bottle collectors. The sale of ceramic commemorative bottles or other uniquely designed decanters which contain intoxicating liquor, by collectors of such containers to other collectors of such containers.
125.06(10)
(10) Raffles. The awarding of alcohol beverages in original, unopened packages, containers or bottles as a prize, in a raffle conducted by an organization licensed to conduct the raffle under
ch. 563, to any person who has attained the legal drinking age.
125.06(11)
(11) Auction sales. The sale by an auction house at public auction of a collection of sealed bottles of intoxicating liquor or unopened beer cans for the purpose of settling an estate or disposing of the collection or the auction sale of sealed bottles or containers of wine or of unopened bottles of intoxicating liquor or fermented malt beverages by a charitable organization, as defined in
s. 440.41 (1), at an auction held to raise money for the charitable organization.
125.06(11m)
(11m) Wine collectors. The sale by a wine collector to any other wine collector of manufacturer-sealed bottles or containers of wine that the selling wine collector has held for at least 8 years if the selling wine collector has provided prior notice of the sale to the department. No more than one sale in any 12-month period may be conducted by a wine collector under this paragraph.
125.06 Cross-reference
Cross-reference: See also s.
Tax 8.03, Wis. adm. code.
125.06(12)
(12) Bed and breakfast establishments. The provision by a bed and breakfast establishment, as defined under
s. 254.61 (1), of not more than 2 complimentary 4-fluid-ounce glasses of wine per day to a person renting a room at the bed and breakfast establishment for consumption on the premises of the bed and breakfast establishment.
125.06(13)
(13) Wine sampling on "Class A" premises. 125.06(13)(a)(a) The provision of wine taste samples of not more than 3 fluid ounces each, free of charge, by a "Class A" licensee to customers and visitors for consumption on the premises. No "Class A" licensee may provide more than 2 taste samples per day to any one person. This subsection applies only between the hours of 11 a.m. and 7 p.m. Notwithstanding
s. 125.07 (1) (a) 1., no "Class A" licensee may provide taste samples under this subsection to any underage person. No "Class A" licensee may provide as taste samples under this subsection wine that the "Class A" licensee did not purchase from a wholesaler.
125.06(13)(b)
(b) Notwithstanding
par. (a) and
s. 125.10 (1), a municipality may prohibit the provision of wine under this subsection.
