125.58 Cross-reference
Cross-reference: See also ss.
Tax 8.35 and
8.61, Wis. adm. code.
125.58 Annotation
Treating All Grapes Equally: Interstate Alcohol Shipping After Granholm. Gary. Wis. Law. March 2010.
125.60
125.60
Wholesale alcohol permit. 125.60(1)
(1) The department may issue a wholesale alcohol permit which authorizes the permittee to sell ethyl alcohol of 190 proof or more to persons holding permits or licenses issued under
s. 125.61 or
125.62. Nothing in this section requires manufacturers, rectifiers and wholesalers holding permits issued under
s. 125.52 (1) or
125.54 to obtain a wholesale alcohol permit.
125.60(2)
(2) Wholesale alcohol permits may be issued to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5), except a person acting as an 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.
125.60(3)
(3) Holders of wholesale alcohol permits who do not hold permits issued under
s. 125.52 (1) or
125.54 are exempt from
s. 125.65 as it relates to special permits for agents or representatives of wholesale alcohol permit holders.
125.60(4)
(4) Holders of wholesale alcohol permits under this section who do not hold permits issued under
s. 125.52 (1) or
125.54 may sell or deal in ethyl alcohol, except that no alcohol may be sold for consumption on the premises of the permittee.
125.61
125.61
Medicinal alcohol permit. 125.61(1)
(1) The department may issue a medicinal alcohol permit which authorizes the permittee to purchase and use alcohol for medicinal purposes only. The permit may be issued only to persons who prove to the department that they use alcohol for medicinal purposes.
125.61(2)
(2) Medicinal alcohol permits 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. 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.
125.61(3)
(3) Shipments of medicinal alcohol shall be conspicuously labeled “for medicinal purposes" and shall meet other requirements which the department prescribes by rule.
125.61(4)
(4) A medicinal permit shall be issued free of charge by the department and is not subject to
s. 125.04 (11) (a).
125.61 History
History: 1981 c. 79;
1983 a. 516 s.
8;
1993 a. 259.
125.62
125.62
Industrial alcohol permit. 125.62(1)
(1) The department may issue an industrial alcohol permit which authorizes the permittee to purchase and use alcohol for industrial purposes only. Such permits may be issued only to persons who prove to the department that they use alcohol for industrial purposes.
125.62(2)
(2) Industrial alcohol permits may be issued to any person who holds a valid certificate issued under
s. 73.03 (50) and who is 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.
125.62(3)
(3) Shipments of industrial alcohol shall be conspicuously labeled “for industrial purposes" and shall meet other requirements which the department prescribes by rule.
125.63
125.63
Industrial wine permit. 125.63(1)
(1) The department may issue an industrial wine permit which authorizes the purchase and use of wine for industrial purposes only. An industrial wine permit may be issued only to persons who prove to the department that they use wine for industrial purposes.
125.63(2)
(2) Industrial wine permits may be issued to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5), except a person acting as an 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.
125.63(3)
(3) Shipments of industrial wine shall be conspicuously labeled “for industrial purposes" and shall meet other requirements which the department prescribes by rule.
125.65
125.65
Permit to solicit for future sales. 125.65(1)
(1) The department may issue a permit for wholesale sales for future delivery which authorizes the permittee to solicit orders, and to engage in the sale, of intoxicating liquor for delivery at a future date. A person holding a permit under this section may give a sample of a brand of intoxicating liquor to a “Class A" licensee who has not previously purchased that brand from the permittee.
125.65(2)
(2) Permits for wholesale sale for future delivery may be issued to any person who holds a valid certificate issued under
s. 73.03 (50), who is qualified under
s. 125.04 (5) (a) 1. and
(b) and who is at least 18 years of age.
125.65(3)
(3) Both natural persons engaged in actual solicitation of orders or sales and their employers shall obtain permits under this section.
125.65(4)
(4) The department shall require the following information in applications for permits under this section:
125.65(4)(b)
(b) The name and address of the applicant; if the applicant is a partnership, limited liability company or association, the name and address of each member thereof; or if the applicant is a corporation, the name and address of each of its officers.
125.65(4)(c)
(c) The places where the business is to be conducted.
125.65(4)(d)
(d) For the period of at least 3 years immediately preceding the date of application, the business or occupation, if any, engaged in by the applicant; if a partnership, limited liability company or association, by each member thereof; or if a corporation, by each officer.
125.65(4)(e)
(e) Any other information required by the department.
125.65(6)
(6) Employers shall furnish the department with the names of all employees engaged in activities requiring a permit under this section and shall notify the department whenever an employee begins or terminates employment. Upon leaving employment, an employee shall submit his or her permit to the department for cancellation.
125.65(7)
(7) Every person holding a permit under this section shall exhibit it upon request to any prospective purchaser.
125.65(8)
(8) Nonresident persons holding permits under this section may solicit sales from retailers in this state only if the orders are solicited for, and will be filled by, persons holding permits under
s. 125.54.
125.65(9)
(9) Any person who violates this section shall be fined not less than $100 nor more than $500 or imprisoned for not less than 30 days nor more than 6 months or both. Conviction for a violation of this section shall result in automatic revocation of any permit issued under this section. If a permit issued under this section is so revoked, another permit may not be issued to the same person for a period of 2 years following revocation.
125.65(10)
(10) The department may not require a fee for a permit under this section for an individual who is eligible for the veterans fee waiver program under
s. 45.44.
125.65 Cross-reference
Cross-reference: See also ss.
Tax 8.12 and
8.76, Wis. adm. code.
125.66
125.66
Sale without license; failure to obtain permit; penalties. 125.66(1)(1) No person may sell, or possess with intent to sell, intoxicating liquor unless that person holds the appropriate license or permit. Whoever violates this subsection may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
125.66(2)
(2) The issuance of any current permit or special tax stamp of the federal government to any person, authorizing or permitting the person to sell intoxicating liquor, shall be prima facie evidence in any prosecution for violation of this section that the person was engaged in selling intoxicating liquor.
125.66(3)
(3) Any person manufacturing or rectifying intoxicating liquor without holding appropriate permits under this chapter, or any person who sells such liquor, is guilty of a Class F felony.
125.66(4)
(4) Notwithstanding
sub. (1) and
s. 125.04 (1), a “Class A" licensee who sells intoxicating liquor to a “Class B" licensee for resale may be fined not more than $100.
125.66 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.
125.67
125.67
Evading provisions of law by giving away intoxicating liquor; penalties. No person may give away intoxicating liquor or use any other means to evade any law of this state relating to the sale of intoxicating liquor. Whoever violates this subsection may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
125.67 History
History: 1981 c. 79;
1989 a. 253.
125.68
125.68
General restrictions and requirements. 125.68(1)(1)
Managers' licenses; “Class B" and “Class C" premises. 125.68(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 or a “Class C" license 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. 125.51 (5) (c) is valid outside the municipality that issues it. A person manages premises if that person has responsibility or authority for:
125.68(1)(a)1.
1. Personnel management of all employees, whether or not the person is authorized to sign employment contracts;
125.68(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
125.68(1)(b)
(b) The municipal governing body may, by ordinance, define factors in addition to those listed in
par. (a) which constitute management of premises.
125.68(2)
(2) Operators' licenses; “Class A," “Class B," “Class C," and other premises. Except as provided under
ss. 125.07 (3) (a) 10. and
125.51 (10), no premises operated under a “Class A" or “Class C" license or under a “Class B" license or permit may be open for business, and no person who holds a manufacturer's or rectifier's permit may allow the sale or provision of taste samples of intoxicating liquor on the manufacturing or rectifying premises as provided in
s. 125.52 (1) (b) 2., unless there is upon the premises either 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 selling or serving any intoxicating liquor to customers. An operator's license issued in respect to a vessel under
s. 125.51 (5) (c) is valid outside the municipality that issues it. For the purpose of this subsection, any person holding a manager's license issued 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 or sell alcohol beverages in any place operated under a “Class A" or “Class C" license or under a “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 or agent or a person holding an operator's license, who is on the premises at the time of the service.
125.68(2m)(a)(a) No person may allow another to use his or her “Class A" or “Class C" license or “Class B" license or permit to sell alcohol beverages.
125.68(2m)(b)
(b) The license or permit of a person who violates
par. (a) shall be revoked.
125.68(3)
(3) Restrictions on location. No “Class A" or “Class B" license or permit may be issued for premises the main entrance of which is less than 300 feet from the main entrance of a public or parochial school, tribal school, as defined in
s. 115.001 (15m), hospital, or church, except that this prohibition may be waived by a majority vote of the governing body of the municipality in which the premises is located. The distance shall be measured by the shortest route along the highway from the main entrance of the school, church, or hospital to the main entrance of the premises covered by the license or permit. The prohibition in this subsection does not apply to any of the following:
125.68(3)(a)
(a) Premises covered by a license or permit on June 30, 1947.
125.68(3)(b)
(b) Premises covered by a license or permit prior to the occupation of real property within 300 feet thereof by any school, hospital or church building.
125.68(3)(c)
(c) A restaurant located within 300 feet of a church or school. This paragraph applies only to restaurants in which the sale of alcohol beverages accounts for less than 50 percent of their gross receipts.
125.68(4)(a)(a)
Wholesalers. No premises for which a wholesale intoxicating liquor permit has been issued may remain open for the sale of intoxicating liquor between the hours of 5 p.m. and 8 a.m., except on Saturday the premises may remain open until 9 p.m.
125.68(4)(b)
(b)
“Class A" retailers. No premises for which a “Class A" license or permit has been issued may remain open for the sale of intoxicating liquor between the hours of 9 p.m. and 6 a.m. A municipality may, by ordinance, impose more restrictive hours than those provided in this paragraph.
125.68(4)(c)1.1. Subject to
subds. 3. and
6. and
s. 125.51 (3r) (a) 3., no premises for which a “Class B" license or permit or a “Class C" license has been issued may remain open between the hours of 2 a.m. and 6 a.m., except as otherwise provided in this subdivision and
subd. 4. On January 1 premises operating under a “Class B" license or permit are not required to close. On Saturday and Sunday, no premises may remain open 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), no premises may remain open between 3:30 a.m. and 6 a.m. This subdivision does not apply to a “Class B" license issued to a winery under
s. 125.51 (3) (am).
125.68(4)(c)3.
3. Between 12 midnight and 6 a.m. no person may sell intoxicating liquor on “Class B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises or on “Class C" licensed premises as authorized under
s. 125.51 (3r) (a). A municipal governing body may, by ordinance, impose more restrictive hours than are provided in this subdivision except with respect to the sale of intoxicating liquor authorized under
s. 125.51 (3r) (a). This subdivision does not apply to a “Class B" license issued to a winery under
s. 125.51 (3) (am).
125.68(4)(c)3m.
3m. No premises for which a “Class B" license has been issued under
s. 125.51 (3) (am) may remain open for the sale of intoxicating liquor between the hours of 9 p.m. and 8 a.m.
125.68(4)(c)4.
4. Hotels and restaurants the principal business of which is the furnishing of food, drinks or lodging to patrons, bowling centers, movie theaters, painting studios, 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 intoxicating liquor during the closing hours under
subd. 1. or, with respect to the sale of intoxicating liquor authorized under
s. 125.51 (3r) (a), under
subd. 3.
125.68(4)(c)5.
5. A municipality may not, by ordinance, impose different hours than those provided under
subd. 1.
125.68(4)(c)6.
6. No person may serve wine after 9 p.m. on premises covered by a temporary “Class B" license issued as provided in
s. 125.51 (10) (b).
125.68(5)
(5) Restaurant sanitation rules. No applicant may obtain a “Class B" license or permit or a “Class C" license unless the premises complies with the rules promulgated by the department of agriculture, trade and consumer protection governing sanitation in restaurants. However, the department of agriculture, trade and consumer protection may not restrict the serving of cheese without charge in individual portions to customers as permitted by
s. 97.01 (14g).
125.68(8)(a)(a) A person convicted of any of the following prohibited activities shall be fined not less than $150 nor more than $500 or imprisoned not less than 60 days nor more than 6 months or both:
125.68(8)(a)1.
1. Diluting any intoxicating liquor for purposes of sale as undiluted intoxicating liquor.
125.68(8)(a)2.
2. Refilling any original container which had previously been used for intoxicating liquor containing 21 percent or more of alcohol by volume.
125.68(8)(a)3.
3. Possessing diluted intoxicating liquor or refilled original containers on any premises covered by a “Class A" or “Class C" license or “Class B" license or permit.
125.68(8)(b)
(b) Possession of an original container which contains diluted intoxicating liquor or which has been refilled is prima facie evidence of intent to violate this subsection.
125.68 Cross-reference
Cross-reference: See also s.
Tax 8.43, Wis. adm. code.
125.68(9)(b)(b) All containers of intoxicating liquor sold in this state shall be clearly and legibly labeled with the name and address of the manufacturer and the name of the intoxicating liquor. The label shall meet any other labeling requirements created by the federal alcohol administration act.
125.68(9)(c)
(c) No intoxicating liquor may contain any added ingredients or substances which are injurious to health or deleterious for human consumption.
125.68(9)(d)
(d) All packages or containers of intoxicating liquor delivered in this state shall bear seals affixed by the manufacturer so that the contents cannot be removed without breaking the seals.
125.68(9)(e)
(e) No person holding a license or permit issued under this chapter may possess or sell any package or container of intoxicating liquor which does not comply with
pars. (b) and
(d) or which does not bear evidence that the package or container was in compliance when delivery was taken.
125.68(9)(f)
(f) Every person manufacturing, rectifying or blending intoxicating liquor sold in this state shall provide the department with the names, brands, descriptions, alcoholic content by volume and any other information about the intoxicating liquor required by the department. Information required by this paragraph shall be submitted prior to placing any new blend on the market. The department may also require by rule that samples of new products be submitted for examination and analysis.
