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.
125.29(3)(h)
(h) Notwithstanding
ss. 125.04 (9) and
125.09 (1), the retail sale of intoxicating liquor, for on-premise consumption by individuals at the brewery premises or an off-site retail outlet established by the brewer, if the brewer held, on June 1, 2011, a license or permit authorizing the retail sale of intoxicating liquor and if the intoxicating liquor has been purchased by the brewer from a wholesaler holding a permit under
s. 125.54.
125.29(3)(i)
(i) The provision of free taste samples on the brewery premises, at an off-site retail outlet established by the brewer, or as authorized under
s. 125.33 (12).
125.29(3)(j)
(j) The ownership, maintenance, or operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state.
125.29(3m)(a)(a) Except as provided in
pars. (b) and
(c), no brewer may sell fermented malt beverages to a retail licensee.
125.29(3m)(b)
(b) A brewer that manufactures 300,000 or less barrels of fermented malt beverages in a calendar year from all locations may sell, ship, transport and deliver to retailers, from the brewery premises, fermented malt beverages, in original unopened packages or containers, that have been manufactured on the brewery premises, if the brewer complies with the requirements in
ss. 125.33 and
125.34, as applicable, to the same extent as if the brewer were a wholesaler.
125.29(3m)(c)
(c) 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 sale 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 sell or ship any brand of fermented malt beverages to retailers located in the wholesaler's designated sales territory.
125.29(5)
(5) Brewpubs. No person holding a brewpub permit under
s. 125.295 may register as a brewer under this section.
125.29(6)
(6) Restaurants. A brewer may operate a restaurant on the brewery premises and at an off-site retail outlet established by the brewer. A brewer may not hold a license under
s. 97.30 for a restaurant for the operation of a restaurant at any other location except that a brewer may possess or hold an indirect interest in a Class “B" license for not more than 20 restaurants in each of which the sale of alcohol beverages accounts for less than 60 percent of the restaurant's gross receipts if no fermented malt beverages manufactured by the brewer are offered for sale in any of these restaurants.
125.29 Annotation
A Web of Regulations: Starting a Brewery. Glazer. Wis. Law. March 2016.
125.295(1)(1) The department shall issue brewpub permits to eligible applicants authorizing all of the following:
125.295(1)(a)
(a) The manufacture of fermented malt beverages on the brewpub premises if the entire manufacturing process occurs on these premises and not more than 10,000 barrels of fermented malt beverages are manufactured in a calendar year by the permittee's brewpub group.
125.295(1)(b)
(b) The bottling on brewpub premises of fermented malt beverages that have been manufactured on these premises.
125.295(1)(c)
(c) The packaging in refillable containers exceeding 24 ounces in volume, at the request of a customer and on brewpub premises, of fermented malt beverages that have been manufactured on these premises.
125.295(1)(d)
(d) The possession and storage of any fermented malt beverages on brewpub premises.
125.295(1)(e)
(e) The transportation of fermented malt beverages that have been manufactured on the brewpub premises between these premises and any other brewpub premises or Class “B" premises of the brewpub group.
125.295(1)(f)
(f) Subject to
s. 125.34 (3) and
(4), the sale at wholesale, shipment, transportation, and delivery, in original unopened packages or containers, to wholesalers, from the brewpub premises, of fermented malt beverages that have been manufactured on these premises or on other brewpub premises of the brewpub.
125.295(1)(g)
(g) The sale at wholesale, shipment, transportation, and delivery, in original unopened packages or containers, to retailers, from the brewpub premises, of fermented malt beverages that have been manufactured on these premises or on other brewpub premises of the brewpub. A brewpub's brewpub group may not sell, ship, transport, or deliver more than a total of 1,000 barrels of fermented malt beverages in any calendar year to retailers under this paragraph. Fermented malt beverages provided by a brewpub to any retail premises for which the brewpub group holds a retail license shall not be included in any calculation of the 1,000 barrel limitation under this paragraph. Deliveries and shipments of fermented malt beverages by a brewpub under this paragraph shall be made to retailers only at their retail premises. Any retailer receiving such a delivery or shipment is subject to the prohibition under
s. 125.34 (5) against further transporting the delivery or shipment to any other retail premises.
125.295(1)(h)
(h) The sale of alcohol beverages at retail on the brewpub premises in accordance with the terms of any retail license specified in
subs. (2) (a) 4. and
(3) (b) and
(c).
125.295(1)(i)
(i) Notwithstanding
s. 125.33 (1), the ownership, maintenance, and operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state if the fermented malt beverages have been manufactured by the brewpub.
125.295(2)(a)(a) An applicant is eligible for a brewpub permit only if all of the following apply:
125.295(2)(a)1.
1. The applicant's brewpub group manufactures a total of not more than 10,000 barrels of fermented malt beverages in a calendar year.
125.295(2)(a)2.
2. The applicant's entire process for manufacturing fermented malt beverages occurs on premises covered by a permit issued under this section. If the applicant holds more than one permit issued under this section, the applicant is not required to manufacture fermented malt beverages on each premises for which a permit is issued under this section.
125.295(2)(a)3.
3. The applicant operates a restaurant on the premises for which the permit is issued, for which a license is issued under
s. 97.30 for a restaurant.
125.295(2)(a)4.
4. The applicant holds a Class “B" license for the restaurant identified in
subd. 3. and, on these Class “B" premises, offers for sale, in addition to fermented malt beverages manufactured by the applicant, fermented malt beverages manufactured by a brewer other than the applicant and its brewpub group.
125.295(2)(a)6.
6. Neither the applicant nor the applicant's brewpub group holds, or has a direct or indirect ownership interest in a premises operating under, any of the following:
