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:
125.295(2)(b)
(b) If an applicant under
par. (a) has no current operations, the applicant may certify that the applicant has applied for or will apply for a Class “B" license or license under
s. 97.30 for a restaurant or will comply with any other requirement under
par. (a), prior to or upon commencing operations authorized under this section. If a Class “B" license or license under
s. 97.30 for a restaurant is not subsequently issued to the applicant, or if the applicant otherwise fails to comply with any requirement for eligibility under
par. (a), the department may revoke under
s. 125.12 (5) the permit issued under this section.
125.295(2)(c)
(c) If an applicant under
par. (a) holds any license or permit prohibited under
par. (a) 6. at the time of its application, the applicant may certify that the applicant will surrender any such license or permit upon issuance of a permit under this section. If the department issues a permit under this section and the applicant fails to surrender any license or permit prohibited under
par. (a) 6., the department may revoke under
s. 125.12 (5) the permit issued under this section. An applicant is not required to surrender any Class “B" license issued under s.
125.31 (1) (a) 2., 2009 stats., or under s.
125.31 (1) (a) 3., 2005 stats., if the applicant's continued possession of the license is consistent with
subs. (1) (h),
(2) (a) 4., and
(3) (b) and
(c).
125.295(3)(a)(a) No brewpub group may hold more than 6 brewpub permits issued under this section.
125.295(3)(b)
(b) A brewpub may not hold any Class “B" license other than one issued for a restaurant on the brewpub premises. Notwithstanding
s. 125.26 (2) (a), each Class “B" license shall be issued for the brewpub's restaurant in the same name as the permittee under this section. Notwithstanding
s. 125.33 (1), a brewpub may own the furniture, fixtures, fittings, furnishings, and equipment on the Class “B" premises and shall pay any license fee or tax required for the operation of the premises.
125.295(3)(c)
(c) Subject to the requirements specified in
s. 125.51 (3) and
(3m), a brewpub may also hold “Class B" licenses and “Class C" licenses, but only for restaurants on brewpub premises.
125.295(4)
(4) The fee established by the department for a brewpub permit shall not exceed the fee established by the department for a permit under
s. 125.29.
125.295(5)
(5) The department shall promulgate rules and prescribe forms to ensure strict compliance with the requirements under this section.
125.30
125.30
Out-of-state shippers' permits; delivery to wholesalers. 125.30(1)(1) The department shall issue out-of-state shippers' permits which, except as provided in
sub. (4), authorize the permittee to ship fermented malt beverages only to holders of a wholesaler's permit issued under
s. 125.28. Except with respect to any shipment from a warehouse in an adjoining state by a wholesaler issued a wholesale permit under
s. 125.28 (1) (b), no person may receive fermented malt beverages in this state which have been directly shipped from outside this state by any person other than the holder of a permit issued under this section. Subject to
s. 125.34 (2), all shipments of fermented malt beverages to a wholesaler of fermented malt beverages in this state, whether shipped to the wholesaler from inside this state or from outside this state, shall be unloaded in, physically at rest in, and only then distributed from the wholesaler's warehouse in this state.
125.30(2)
(2) The application for an out-of-state shipper's permit and the permit shall be on forms prescribed by the department which shall contain provisions determined by the department as necessary to effectuate the purposes of
ss. 139.01 to
139.25 and shall include a provision that the permittee agrees:
125.30(2)(a)
(a) To comply with
s. 139.05 relating to filing a bond, filing returns, paying taxes and record keeping;
125.30(2)(b)
(b) To permit inspections and examinations of the permittee's premises and records by the department and its duly authorized employees, as authorized under
s. 139.08 (4); and
125.30(2)(c)
(c) To pay the expenses reasonably attributable to such inspections and examinations made within the United States.
125.30(3)
(3) Out-of-state shippers' permits may be issued only to a person who holds a valid certificate issued under
s. 73.03 (50), who is qualified under
s. 125.04 (5), who does not maintain an office or street address in this state, and who is the primary source of supply for the brand of fermented malt beverages. An out-of-state shipper's permit may not be issued to a person determined by the department to be primarily engaged in wholesale or retail sales in another state. Notwithstanding
s. 125.04 (5) (a), natural persons obtaining out-of-state shippers' permits are not required to be residents of this state. 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. Notwithstanding
s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers' permits are not required to appoint agents.
125.30(4)
(4) An out-of-state brewer that manufactures 300,000 barrels or less of fermented malt beverages in a calendar year from all locations and that holds an out-of-state shipper's permit may sell and ship fermented malt beverages directly to retail licensees if the out-of-state brewer registers with the department, files whatever periodic reports with the department as the department may require, and complies with the requirements in
ss. 125.33 and
125.34, as applicable, to the same extent as if the out-of-state brewer were a wholesaler holding a permit under
s. 125.28.
125.30(5)
(5) The department may revoke or suspend an out-of-state shipper's permit for such time as the department determines, if the permittee violates any provision of the application or
ss. 139.01 to
139.25.
125.30 Annotation
Treating All Grapes Equally: Interstate Alcohol Shipping After Granholm. Gary. Wis. Law. March 2010.
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
ss. 125.07 (3) (a) 10. and
125.26 (6), 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 6 a.m.
Subsection (2) does not apply to Class “A" premises between 12 midnight and 6 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, movie theaters, painting studios, indoor golf and baseball facilities, 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(3m)(j)
(j) Premises for which a temporary Class “B" license is issued under
s. 125.26 (6) if the license is one of multiple licenses issued by the municipality to the same licensee for the same date and times, the licensee is the sponsor of an event held at multiple locations within the municipality on this date and at these times, and an admission fee is charged for participation in the event and no additional fee is charged for service of alcohol at the event.
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;
2011 a. 32,
97;
2013 a. 268;
2015 a. 8,
62,
221.
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
s. 125.295, 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.
