125.34(3)(a)1.1. A wholesaler may not sell, transport, or deliver any brand of fermented malt beverages unless the wholesaler has entered into a written agreement with the brewer, brewpub, or out-of-state shipper supplying the brand that grants to the wholesaler distribution rights for the brand and identifies the designated sales territory for which such distribution rights are granted, including the precise geographical area comprising the designated sales territory.
125.34(3)(a)2.
2. A brewer, brewpub, or out-of-state shipper may not, in any agreement under this paragraph, grant to more than one wholesaler distribution rights for the same brand in the same designated sales territory or in any part of the same designated sales territory.
125.34(3)(b)
(b) Within a wholesaler's designated sales territory for any brand of fermented malt beverages, the wholesaler may not refuse to sell the brand of fermented malt beverages, or refuse to offer reasonable service related to the sale of the brand of fermented malt beverages, to any retailer.
125.34(4)
(4) No wholesaler may sell, transport, or deliver, or cause to be sold, transported, or delivered, any brand of fermented malt beverages to any of the following:
125.34(4)(a)
(a) Any retailer located outside the wholesaler's designated sales territory for the brand. This paragraph does not apply if another wholesaler that has been granted distribution rights for the brand in the designated sales territory where the sale, transportation, or delivery occurs is unable to service this designated sales territory and the brewer, brewpub, or out-of-state shipper granting distribution rights has, notwithstanding
sub. (3) (a), given consent for the sale, transportation, or delivery, which consent shall be limited to the time period that another wholesaler is unable to service this designated sales territory.
125.34(4)(b)
(b) Any person, other than another wholesaler, that the wholesaler knows or should know will transport the product for resale in a designated sales territory for which another wholesaler has been granted distribution rights for the brand.
125.34(5)
(5) Except as provided in
ss. 125.29 (3m) (b) and
(c),
125.295 (1) (e) and
(g), and
125.30 (4), deliveries of fermented malt beverages to retailers may be made only by wholesalers and shall be made to retailers only at their retail premises. No retailer may transport fermented malt beverages from one retail premises to another retail premises for purposes of selling the fermented malt beverages at the other retail premises unless both retail premises are operated by a brewpub holding the retail licenses.
INTOXICATING LIQUOR
125.51
125.51
Retail licenses and permits. 125.51(1)(a)(a) Every municipal governing body may grant and issue "Class A" and "Class B" licenses for retail sales of intoxicating liquor, and "Class C" licenses for retail sales of wine, from premises within the municipality to persons entitled to a license under this chapter as the issuing municipal governing body deems proper and may authorize an official or body of the municipality to issue temporary "Class B" licenses under
sub. (10). No "Class B" license may be issued to a winery under
sub. (3) (am) unless the winery has been issued a permit under
s. 125.53 and the winery is capable of producing at least 5,000 gallons of wine per year in no more than 2 locations.
125.51(1)(b)
(b) No member of the municipal governing body may hold a permit under
s. 125.54 or, with respect to the issuance or denial of licenses under this section, do any act in violation of
s. 19.59 (1).
125.51(1)(c)1.1. Except as provided in
subd. 2., the municipal governing body, or the duly authorized committee of a city council, shall meet not later than May 15 annually, and be in session from day to day thereafter so long as may be necessary, for the purpose of acting upon license applications filed with it on or before April 15. The governing body or committee shall grant, issue or deny each application not later than June 15 for the ensuing license year. Licenses may be granted for issuance at a later date when the applicant has complied with all requirements for the issuance of the license. The governing body or committee may accept and act upon any application filed at any other time. The governing body or committee may not deny an application for renewal of an existing license unless a statement of the reason for the denial is included in its clerk's minutes.
125.51(1)(c)2.
2. The governing body of a 1st class city shall establish and publish notice of the dates on which it, or its duly authorized committee, will meet and act on license applications.
125.51(2)(a)(a) A "Class A" license authorizes the retail sale of intoxicating liquor for consumption off the premises where sold and in original packages and containers.
125.51(2)(b)
(b) Except as provided under
s. 125.69, "Class A" licenses 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.
125.51(2)(c)
(c) "Class A" licenses shall particularly describe the premises for which issued and are not transferable, except as provided in
s. 125.04 (12).
125.51(2)(d)
(d) The annual fee for a "Class A" license shall be determined by the municipal governing body and shall be the same for all "Class A" licenses, except that the minimum fee is $50 and the maximum fee is $500.
125.51(3)(a)(a) A "Class B" license authorizes the retail sale of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. In addition, wine may be sold in the original package or container in any quantity to be consumed off the premises where sold. This paragraph does not apply in municipalities in which the governing body elects to come under
par. (b) or to a winery that has been issued a "Class B" license.
Paragraph (am) applies to all wineries that have been issued a "Class B" license.
125.51(3)(am)
(am) A "Class B" license issued to a winery authorizes the sale of wine to be consumed by the glass or in opened containers only on the premises where sold and also authorizes the sale of wine in the original package or container to be consumed off the premises where sold, but does not authorize the sale of fermented malt beverages or any intoxicating liquor other than wine.
125.51(3)(b)
(b) In all municipalities electing by ordinance to come under this paragraph, a retail "Class B" license authorizes the sale of intoxicating liquor to be consumed by the glass only on the premises where sold and also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed 4 liters at any one time, and to be consumed off the premises where sold. Wine, however, may be sold for consumption off the premises in the original package or otherwise in any quantity. This paragraph does not apply to a winery that has been issued a "Class B" license.
Paragraph (am) applies to all wineries that have been issued a "Class B" license.
125.51(3)(bm)
(bm) Notwithstanding
pars. (a) and
(b) and
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 intoxicating liquor in the guest's room which is not part of the "Class B" premises. Intoxicating liquor 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 must be capable of being locked. The cabinet, refrigerator or other secure storage place shall be locked, or the intoxicating liquor shall be removed from the room, when the room is not occupied and when intoxicating liquor is not being furnished under this paragraph. 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 intoxicating liquor in the hotel room. Intoxicating liquor may be furnished at the time the guest occupies the room, but for purposes of this chapter, the sale of intoxicating liquor furnished under this paragraph is considered to occur at the time and place that the guest pays for the intoxicating liquor. Notwithstanding
s. 125.68 (4) (c), the guest may pay for the intoxicating liquor 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 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.
125.51(3)(bs)1.a.
a. "Coliseum" means a multipurpose facility designed principally for sports events, with a capacity of 18,000 or more persons.
125.51(3)(bs)1.b.
b. "Concessionaire" means a person designated by the owner or operator of a coliseum to operate premises in the coliseum and to provide intoxicating liquor to holders of coliseum suites.
125.51(3)(bs)2.
2. Notwithstanding
pars. (a) and
(b) and
s. 125.04 (3) (a) 3. and
(9), a "Class B" license authorizes a person operating a coliseum to furnish the holder of a coliseum suite who has attained the legal drinking age with a selection of intoxicating liquor in the coliseum suite that is not part of the "Class B" premises. Intoxicating liquor furnished under this subdivision 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 intoxicating liquor shall be removed from the coliseum suite, when the coliseum suite is not occupied and when intoxicating liquor is not being furnished under this subdivision. Intoxicating liquor may be furnished at the time the holder of the coliseum suite occupies the coliseum suite, but for purposes of this chapter, the sale of intoxicating liquor furnished under this subdivision is considered to occur at the time and place that the holder pays for the intoxicating liquor. Notwithstanding
s. 125.68 (4) (c), the holder of a coliseum suite may pay for the intoxicating liquor at any time if he or she pays in accordance with an agreement with the person operating the coliseum or with the concessionaire. An individual who stocks or accepts payment for alcohol beverages under this subdivision 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.
125.51(3)(bu)
(bu) Notwithstanding
ss. 125.04 (3) (a) 3. and
(9) and
125.09 (1), in addition to the authorization specified in
sub. (1) (a) and in
sub. (3) (a) or
(b), a "Class B" license issued under
sub. (1) to a caterer also authorizes the caterer to provide intoxicating liquor, including its retail sale, at the National Railroad Museum in Green Bay during special events held at this museum. Notwithstanding
subs. (1) (a) and
(3) (a) and
(b), a caterer may provide intoxicating liquor under this paragraph 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
par. (d) 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 intoxicating liquor under this paragraph is subject to
s. 125.68 (2) as if the intoxicating liquor were provided on the caterer's "Class B" licensed premises. This paragraph does not authorize the National Railroad Museum to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply if, at any time, the National Railroad Museum holds a "Class B" license.
125.51(3)(bw)
(bw) Notwithstanding
ss. 125.04 (3) (a) 3. and
(9) and
125.09 (1), in addition to the authorization specified in
par. (a) or
(b) and in
sub. (1) (a), a "Class B" license issued under
sub. (1) to a caterer also authorizes the caterer to provide intoxicating liquor, including its retail sale, at the Heritage Hill state park during special events held at this park. Notwithstanding
pars. (a) and
(b) and
sub. (1) (a), a caterer may provide intoxicating liquor under this paragraph at any location at the Heritage Hill state park even though the Heritage Hill state park is not part of the caterer's licensed premises, as described under
par. (d) in the caterer's "Class B" license, and even if the Heritage Hill state park is not located within the municipality that issued the caterer's "Class B" license. A caterer that provides intoxicating liquor under this paragraph is subject to
s. 125.68 (2) as if the intoxicating liquor were provided on the caterer's "Class B" licensed premises. This paragraph does not authorize the Heritage Hill state park to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply if, at any time, the Heritage Hill state park holds a "Class B" license.
125.51(3)(c)
(c) Except as provided under
s. 125.69, a "Class B" 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.
125.51(3)(d)
(d) "Class B" licenses shall particularly describe the premises for which issued and are not transferable, except as provided in
s. 125.04 (12).
125.51(3)(dm)
(dm) A municipality may issue a "Class B" license authorizing retail sales of intoxicating liquor on a railroad car while the railroad car is standing in a specified location in the municipality.
125.51(3)(e)1.1. Except as provided in
subds. 2. and
3., the annual fee for a "Class B" license shall be established by the municipal governing body and shall be the same for all "Class B" licenses, except that the minimum fee shall be $50 and the maximum fee shall be $500. The minimum fee does not apply to licenses issued to bona fide clubs and lodges situated and incorporated in the state for at least 6 years.
125.51(3)(e)2.
2. Each municipal governing body shall establish the fee, in an amount not less than $10,000, for an initial issuance of a reserve "Class B" license, as defined in
sub. (4) (a) 4., and, if the municipality contains a capital improvement area enumerated under
sub. (4) (x) 2. a., for an initial issuance of a "Class B" license under
sub. (4) (x) 3. and
4., except that the fee for an initial issuance of a reserve "Class B" license to a bona fide club or lodge situated and incorporated in the state for at least 6 years is the fee established under
subd. 1. for such a club or lodge. The fee under this subdivision is in addition to any other fee required under this chapter. The annual fee for renewal of a reserve "Class B" license, as defined in
sub. (4) (a) 1., and a "Class B" license issued under
sub. (4) (x) 3. or
4. is the fee established under
subd. 1.
125.51(3)(e)3.
3. Each municipal governing body shall establish the annual fee for a "Class B" license issued under
sub. (4) (v), except that neither the fee for an initial issuance of, nor the annual fee for, a "Class B" license issued under
sub. (4) (v) 4. may exceed any fee established under
subd. 1. The initial fee may be different from the annual fee to renew the license.
125.51(3)(f)
(f) A "Class B" license may be issued only to a holder of a retail Class "B" license to sell fermented malt beverages unless the "Class B" license is the kind of "Class B" license specified under
par. (am).
125.51(3m)(a)(a) In this subsection "barroom" means a room that is primarily used for the sale or consumption of alcohol beverages.
125.51(3m)(b)
(b) A "Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold.
125.51(3m)(c)
(c) A "Class C" license may be issued to a person qualified under
s. 125.04 (5) for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which does not have a barroom or for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold. A "Class C" license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as agent for or in the employ of another.
125.51(3m)(d)
(d) A "Class C" license shall particularly describe the premises for which it is issued.
125.51(3m)(e)
(e) The annual fee for a "Class C" license shall be determined by the municipal governing body issuing the license. The fee shall not exceed $100 and shall be the same for all "Class C" licenses.
125.51(3r)
(3r) Sales of wine by the bottle in restaurants. 125.51(3r)(a)(a) Notwithstanding
subs. (3) (a) and
(b) and
(3m) (b), a "Class B" license or "Class C" license authorizes the retail sale of wine in an opened original bottle, in a quantity not to exceed one bottle, for consumption both on and off the premises where sold if all of the following apply:
125.51(3r)(a)1.
1. The licensed premises is a restaurant also operated under a "Class B" or "Class C" license and the purchaser of the wine orders food to be consumed on the licensed premises.
125.51(3r)(a)2.
2. The licensee provides a dated receipt that identifies the purchase of the food and the bottle of wine.
125.51(3r)(a)3.
3. Prior to the opened, partially consumed bottle of wine being taken off the licensed premises, the licensee securely reinserts the cork into the bottle to the point where the top of the cork is even with the top of the bottle and the cork is reinserted at a time other than during the time period specified in
s. 125.68 (4) (c) 3.
125.51(3r)(b)
(b) This subsection does not apply to a "Class B" license issued to a winery under
s. 125.51 (3) (am). Nothing in this subsection restricts a licensee's authorization for retail sales of wine under
subs. (3) (a) and
(b) and
(3m) (b).
125.51(4)(a)1.
1. "License" means a retail "Class B" license issued under
sub. (3) but does not include a "Class B" license issued to wineries under
sub. (3) (am).
125.51(4)(a)2.
2. "Population" means the number of inhabitants in the previous year determined by the department of administration under
s. 16.96 (2) for purposes of revenue sharing distribution.
125.51(4)(a)3.
3. "Quota" means the number of licenses which a municipality may grant or issue.
125.51(4)(a)4.
4. "Reserve "Class B" license" means a license that is not granted or issued by a municipality on December 1, 1997, and that is counted under
par. (br).
125.51(4)(am)
(am) No municipality may issue a license that would cause the municipality to exceed its quota.
125.51(4)(b)
(b) Except as provided in
pars. (c) and
(d), the quota of each municipality is the sum of the following:
125.51(4)(b)1g.
1g. The number of licenses granted or issued in good faith by the municipality and in force on December 1, 1997.
125.51(4)(bm)
(bm) The clerk of each municipality shall record the municipality's population, as defined in
par. (a) 2., and the number of licenses:
125.51(4)(br)1.1. Except as provided in
subd. 2., the number of reserve "Class B" licenses authorized to be issued by a municipality shall be determined as follows:
125.51(4)(br)1.c.
c. Divide the result under
subd. 1. b. by 2, except that if the result is not a whole number round the quotient down to the nearest whole number.
125.51(4)(br)1.e.
e. Add one license per each increase of 500 population to the population recorded under
par. (bm).
125.51(4)(br)1.f.
f. Add one license if the municipality had issued a license under s.
125.51 (4) (br) 1. e., 1999 stats., based on a fraction of 500 population, but a municipality's quota is only increased under this
subd. 1. f. as long as the total number of licenses issued by the municipality equals the maximum number of licenses authorized, including under this
subd. 1. f.
125.51(4)(br)2.
2. Notwithstanding
subd. 1., if the difference between the number of licenses determined under
par. (b) 1g. and under
par. (bm) 1. is 3 or fewer, the number of reserve "Class B" licenses authorized to be issued by that municipality is the difference between the number of licenses determined under
par. (b) 1g. and under
par. (bm) 1., plus one per each increase of 500 population to the population recorded under
par. (bm), plus one if the municipality had issued a license under s.
125.51 (4) (br) 2., 1999 stats., based on a fraction of 500 population but only as long as the total number of licenses issued by the municipality equals the maximum number of licenses authorized.
125.51(4)(c)
(c) If territory containing premises covered by a license or reserve "Class B" license is annexed to a municipality and if the municipality's quota would not otherwise allow a license or reserve "Class B" license for the premises, the quota is increased to include the license or reserve "Class B" license of each premises in the annexed territory.
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(4)(v)4.
4. A full-service restaurant that has a seating capacity of 75 to 100 persons on November 26, 2009; is located in a commercial building; prepares, serves, and sells food to the public; has a separate dining area with permanent fixtures where table service is provided a minimum of 4 nights per week for a minimum of 6 months per year; generates more than 50 percent of total annual sales revenue from food sales; and is located on a golf course in a municipality, in Bayfield County, having a population of at least 400 but not more than 500. For purposes of this subdivision, "golf course" does not include a miniature golf course. No "Class B" license may be issued under this subdivision after March 1, 2010. If a "Class B" license issued under this subdivision is surrendered to the issuing municipality, not renewed, or revoked, the municipality may not reissue the license.
125.51(4)(w)1.1. Notwithstanding
pars. (am) to
(d) and
s. 125.185 (5), the village board of any village in the northern geographical half of Ozaukee County having a population of more than 4,000 may issue, to any applicant designated by the village board, one "Class B" license in addition to the number of licenses determined for the village's quota under
pars. (b) to
(d). No "Class B" license may be issued under this subdivision after August 1, 2008. If a "Class B" license issued under this subdivision is surrendered to the issuing village, not renewed, or revoked, the village may not reissue the license, but a "Class B" license issued under this subdivision may be transferred in the same manner as other licenses as provided under
s. 125.04 (12) (b) 4.
125.51(4)(w)2.
2. Notwithstanding
pars. (am) to
(d) and
s. 125.185 (5), a city that is immediately adjacent to the southern border of the city of Milwaukee and that has an eastern boundary of Lake Michigan may issue 3 "Class B" licenses in addition to the number of licenses determined for the city's quota under
pars. (b) to
(d).
