125.26(2w)
(2w) 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 Heritage Hill state park during special events held at this park. Notwithstanding
sub. (1), a caterer may provide fermented malt beverages under this subsection 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
sub. (3) 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 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 Heritage Hill state park 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 Heritage Hill state park 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 percent 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 and chambers of commerce, 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. If a license is issued under this subsection to a fair association solely for the purpose of conducting on the licensed premises fermented malt beverages judging or tasting events involving servings of fermented malt beverages no greater than one fluid ounce each,
s. 125.32 (2) does not apply to these licensed premises.
125.26 Annotation
A municipality has authority to limit the area of the premises when it grants a license. Here, the town chose to license the entire 8 acres of a resort as the premises for the sale, and also the consumption, of fermented malt beverages and intoxicating liquor. The town made that choice. The license was not void due to an insufficient description of the premises. Wisconsin Dolls, LLC v. Town of Dell Prairie,
2012 WI 76,
342 Wis. 2d 350,
815 N.W.2d 690,
10-2900.
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 percent 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 percent 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 percent 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 percent 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.
125.27(3)(a)(a) In this subsection, “tribe" means a federally recognized American Indian tribe in this state having a reservation created pursuant to treaty with the United States encompassing not less than 60,000 acres nor more than 70,000 acres or any business entity that is wholly owned and operated by such a tribe.
125.27(3)(b)
(b) Upon application, the department shall issue a Class “B" permit to a tribe that holds a valid certificate issued under
s. 73.03 (50) and that is qualified under
s. 125.04 (5) and
(6). The permit authorizes the retail sale of fermented malt beverages for consumption on or off the premises where sold.
125.27(3)(c)
(c) A tribe holding a permit under
par. (a) may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under
s. 66.0433 (1).
125.27(3)(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.
125.272
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)
(b) An industrial fermented malt beverages permit may not be issued to a person holding a wholesaler's permit 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 permit issued under
s. 125.28.
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' permits. 125.28(1)(a)(a) Subject to
par. (b), the department may issue permits to wholesalers for the sale of fermented malt beverages from premises within this state, which premises shall comply with the requirements under
s. 125.34 (2). Subject to
s. 125.34, and except as provided in
pars. (e) and
(f), a wholesaler's permit authorizes sales of fermented malt beverages only in original packages or containers to retailers or wholesalers.
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 holding a wholesaler's permit 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 and physically at rest at, and distributed from, the warehouse of the licensed wholesaler in that state, the wholesaler's permit shall be issued by the department. Notwithstanding
s. 125.04 (5) (a) 2. and
(c) and
(6), the department may issue the wholesaler's permit 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 wholesalers holding a permit under this section.
125.28(1)(d)
(d) Wholesalers holding a permit 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(1)(e)
(e) Notwithstanding
ss. 125.04 (9) and
125.09 (1), if a wholesaler was issued a retail license prior to January 1, 2011, then the wholesaler may, under its wholesaler's permit, continue to sell at retail fermented malt beverages to individuals as was permitted under the previously issued retail license.
125.28(1)(f)
(f) A wholesaler's permit authorizes the wholesaler to sell or give fermented malt beverages to its employees. Fermented malt beverages may be consumed on a wholesaler's premises at events not open to the general public.
125.28(2)(a)(a) A wholesaler's permit 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 permit under this section.
125.28(2)(b)
(b) A wholesaler's permit 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. Except as provided in
s. 125.33 (2m), 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
f.
125.28(2)(d)
(d) Notwithstanding
par. (b) 1. f. and
2., a wholesaler may not hold any ownership interest in any brewer, except a wholesaler that holds an ownership interest in a brewer on July 1, 2011, may continue to hold that interest.
125.28(2)(e)1.1. Any person holding an unexpired wholesaler's license issued under s.
125.28, 2009 stats., prior to January 1, 2012, shall be treated as holding a valid wholesaler's permit under this section until January 1, 2013. On January 1, 2013, all wholesaler's licenses issued under s.
125.28, 2009 stats., shall be void.
125.28(2)(e)2.
2. After January 1, 2012, the department shall issue to each person holding an unexpired wholesaler's license issued under s.
125.28, 2009 stats., a wholesaler's permit if the person does not hold a license or permit prohibited under
par. (b). The issuance of a wholesaler's permit by the department to any person shall invalidate any previous wholesaler's license issued under s.
125.28, 2009 stats., to the person.
125.28(3)
(3) Wholesalers' permits shall particularly describe the premises for which issued and are not transferable, except as provided in
s. 125.04 (12). A wholesaler's permit is subject to revocation for violation of any of the terms or provisions thereof.
125.28(4)
(4) The amount of the permit fee shall be established by the department and shall be an amount that is sufficient to fund one special agent position dedicated to alcohol and tobacco enforcement at the department, but the permit fee may not exceed $2,500 per year or fractional part thereof. All permit fees received under this subsection shall be credited to the appropriation account under
s. 20.566 (1) (hd).
125.28(5)(a)(a) The premises described in a permit issued under this section shall be capable of warehousing fermented malt beverages. Any fermented malt beverages sold by the wholesaler shall be physically unloaded at the premises described in the permit, or at any warehouse premises for which the wholesaler also holds a permit under this section and a permit issued under
s. 125.19, prior to being delivered to a retail licensee or to another wholesaler.
125.28(5)(b)
(b) A wholesaler under this section shall annually sell and deliver fermented malt beverages to at least 25 retail licensees or other wholesalers that do not have any direct or indirect interest in each other or in the wholesaler. The department may not issue a permit under this section unless the applicant represents to the department an intention to satisfy this requirement, and may not renew a permit issued under this section unless the wholesaler demonstrates that this requirement has been satisfied.
125.28(5)(c)
(c) No fermented malt beverages retail licensee or wholesaler may receive a benefit from a violation under
par. (a) or
(b) with knowledge of the circumstances giving rise to the violation.
125.28(5)(d)1.1. A wholesaler that violates this subsection shall be fined not more than $10,000. In addition, a court shall order the wholesaler to forfeit an amount equal to any profit gained by the wholesaler or retail licensee that violates
par. (c), or by both, resulting from the violation, and the court shall further order that the wholesaler's permit be revoked.
125.28(5)(d)2.
2. A court shall order a retail licensee or wholesaler that violates this subsection to forfeit an amount equal to any profit gained by the retail licensee or wholesaler resulting from the violation, and the court shall further order that the retail license or wholesaler's permit be revoked.
125.28(5)(d)3.
3. This paragraph shall not affect the authority of any municipality or the department to revoke, suspend, or refuse to renew or issue a license or permit under
s. 125.12.
125.28(5)(e)
(e) The department shall promulgate rules to administer and enforce the requirements under this subsection. The rules shall ensure coordination between the department's issuance and renewal of permits under this section and its enforcement of the requirements of this subsection, and shall require that all applications for issuance or renewal of permits under this section be processed by department personnel generally familiar with activities of fermented malt beverages wholesalers. The department shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under this section and for periodic site inspections by the department of such warehouse facilities.
125.29(1)(1)
Permit. No person may operate as a brewer unless that person obtains a permit from the department. 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)(a)(a) No person holding a Class “A" license, Class “B" license or permit, or wholesaler's permit issued under this chapter may register as a brewer.
125.29(2)(b)1.1. Except as provided in
subd. 2. or
3., no brewer may hold any ownership interest in any wholesaler.
125.29(2)(b)2.
2. A brewer may hold an ownership interest of less than 50 percent in a wholesaler if this ownership interest will not occur for more than 3 years.
125.29(2)(b)3.
3. If a wholesaler that has been granted distribution rights by a brewer for a brand in a designated sales territory is unable to service the designated sales territory for any reason, including the discontinuation of the wholesaler's distribution rights, bankruptcy, or criminal prosecution of the wholesaler in connection with operation of the wholesaler, and the reason is not the result of an action by the brewer, then a brewer shall be allowed, for a period of not more than one year, to take temporary control and operation of the wholesaler.
125.29(3)
(3) Authorized activities. The department shall issue brewer's permits to eligible applicants authorizing all of the following:
125.29(3)(a)
(a) The manufacture of fermented malt beverages on the brewery premises.
125.29(3)(b)
(b) The bottling, packaging, possession, and storage of fermented malt beverages on the brewery premises.
125.29(3)(c)
(c) The transportation of fermented malt beverages between the brewery premises and any depot or warehouse maintained by the brewer.
125.29(3)(d)
(d) The sale, shipment, transportation, and delivery, in original unopened packages or containers, to wholesalers, from the brewery premises, of fermented malt beverages that have been manufactured by the brewer on those premises or on other premises of the brewer.
125.29(3)(e)
(e) Notwithstanding
ss. 125.04 (9) and
125.09 (1), the retail sale of fermented malt beverages that have been manufactured on the brewery premises or on other premises of the brewer for on-premise consumption by individuals at the brewery premises or an off-site retail outlet established by the brewer.
125.29(3)(f)
(f) Notwithstanding
ss. 125.04 (9) and
125.09 (1), the retail sale to individuals of fermented malt beverages, in original unopened packages or containers, that have been manufactured on the brewery premises or on other premises of the brewer for off-premise consumption by individuals, if the sale occurs at the brewery premises or at an off-site retail outlet established by the brewer.
125.29(3)(g)
(g) Notwithstanding
ss. 125.04 (9) and
125.09 (1), the retail sale of fermented malt beverages, for on-premise consumption or for off-premise consumption in original unopened packages or containers, that have been manufactured on another brewery premises in this state if the fermented malt beverages have been purchased by the brewer from a wholesaler holding a permit under
s. 125.28 or from another brewery located in this state that manufactures 300,000 or less barrels of beer in a calendar year.
