125.04(12)(b)2.
2. Upon the happening of any of the events under subd.
1., the personal representative, the surviving spouse if a personal representative is not appointed, the trustee or the receiver may continue or sell or assign the business.
125.04(12)(b)4.
4. If the business is sold or assigned, the license may be transferred to the successor owner or assignee at no charge if:
125.04(12)(b)4.a.
a. He or she complies with the requirements applicable to original applicants; and
125.04(12)(b)4.b.
b. He or she is acceptable to the issuing authority and consent to the transfer is given by the issuing authority.
125.04(13)
(13) Penalties. Any person who violates sub.
(1) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
125.04 History
History: 1981 c. 79,
235,
391;
1983 a. 27,
72,
74,
493,
494,
516;
1985 a. 302;
1987 a. 35,
301,
399;
1989 a. 31,
253;
1991 a. 39;
1993 a. 112,
259,
491;
1995 a. 23;
1995 a. 27 ss.
4117b,
4117c,
9154 (1);
1995 a. 225;
1997 a. 27;
2003 a. 250;
2007 a. 20,
85;
2011 a. 32;
2017 a. 59;
2017 a. 207 s.
5;
2017 a. 289.
125.04 Annotation
Sub. (3) (h) [formerly s. 176.14] requires a licensee to update an application during the license year to facilitate scrutiny of the ongoing operation. The licensing authority has discretion to approve or disapprove any reported expansion of a licensed premises. Alberti v. City of Whitewater,
109 Wis. 2d 592,
327 N.W.2d 150 (Ct. App. 1982).
125.04 Annotation
Licensees who are natural persons are liable for criminal acts of employees. State v. Beaudry,
119 Wis. 2d 96,
349 N.W.2d 106 (Ct. App. 1984). But see s. 125.115.
125.04 Annotation
The registered agent of a corporate alcohol beverage licensee is subject to vicarious criminal liability for an employee's violation of the closing hour law. State v. Beaudry,
123 Wis. 2d 40,
365 N.W.2d 593 (1985).
125.04 Annotation
A person may be a “habitual law offender" under sub. (5) (b) without having been convicted of any crime. Smith v. Oak Creek,
139 Wis. 2d 788,
407 N.W.2d 901 (1987).
125.04 Annotation
Sub. (1) requires that the actual owner of an establishment selling intoxicating liquor possess the license in his or her own name. State v. Eastman,
148 Wis. 2d 254,
435 N.W.2d 278 (Ct. App. 1988).
125.04 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.
125.04 Annotation
Proprietors of a bed and breakfast may solicit voluntary contributions from guests at a social event held on the premises to defray the cost of alcohol, but proprietors who do not hold a license may not serve alcohol at a social event only to those who pay an admission fee.
80 Atty. Gen. 218.
125.04 Annotation
A village board's denial of an application for a liquor license did not deprive the applicant of either liberty or property. Scott v. Village of Kewaskum,
786 F. 2d 338 (1986).
125.04 Annotation
90 Proof: Liquor Licensing in Wisconsin. Murrell. Wis. Law. May 2009.
125.045
125.045
Booklet for licensees and permittees. 125.045(1)(1)
The department shall prepare a booklet explaining the state statutes and rules relating to the retail sale of alcohol beverages, written concisely in language which is clearly understood by those required to utilize it.
125.045(2)
(2) The department shall provide a copy of the booklet under sub.
(1) free of charge to each person issued a permit, including a renewal, under s.
125.27 or
125.51 (5). The department shall provide the booklet for a charge not to exceed cost, as provided under s.
20.908, to municipalities.
125.045(3)
(3) A municipality shall provide a copy of the booklet under sub.
(1) to each person issued a license, including a renewal, under s.
125.17,
125.18,
125.25,
125.26 or
125.51 (1) by the municipality unless the municipality requires the person to complete an instructional program which includes the subject matter of the booklet or unless the person completes the program under s.
125.04 (5) (a) 5. or
125.17 (6). This section does not preclude a municipality from charging a fee for such a program. A municipality may charge for the booklet in an amount not to exceed the amount charged by the department under sub.
(2).
125.06
125.06
License and permit exceptions. No license or permit is required under this chapter for:
125.06(1)
(1) Brewers' premises. The furnishing, by brewers, of fermented malt beverages free of charge to customers, visitors and employees on the brewery premises if the fermented malt beverages are consumed on the brewery premises and are not furnished or consumed in or near any room or place where intoxicating liquor is sold.
125.06(2)
(2) Hospitals; practice of medicine or surgery. 125.06(2)(a)(a) The use of alcohol beverages in institutions licensed under subchs.
I and
II of ch. 50 where the beverages are used solely for medicinal, mechanical or scientific purposes.
125.06(2)(b)
(b) The use or prescription of alcohol beverages by a person licensed to practice medicine or surgery in the treatment of the sick.
125.06(2)(c)
(c) Notwithstanding pars.
(a) and
(b), a permit to receive shipments of alcohol under s.
125.61 must be obtained before alcohol beverages may be used or prescribed under pars.
(a) and
(b).
125.06(3)
(3) The making of homemade wine or fermented malt beverages. 125.06(3)(a)(a) The making of homemade wine or fermented malt beverages, and the possession, transportation, or storage of homemade wine or fermented malt beverages, by any person if all of the following apply:
125.06(3)(a)1.
1. The person who makes the wine or fermented malt beverages receives no compensation.
125.06(3)(a)2.
2. The wine or fermented malt beverages are not sold or offered for sale.
125.06(3)(a)3.
3. The total quantity of wine or fermented malt beverages made, in a calendar year, by the person and any other person living in the same household does not exceed 100 gallons if the household has only one person of legal drinking age or 200 gallons if the household has 2 or more persons of legal drinking age.
125.06(3)(b)
(b) A person who makes, possesses, transports, or stores homemade wine or fermented malt beverages in compliance with the limitations specified in par.
(a) is not a brewer or a manufacturer of wine for purposes of this chapter.
125.06(3)(c)
(c) Homemade wine or fermented malt beverages made in compliance with the limitations specified in par.
(a) may be consumed by the person who made it and his or her family, neighbors, and friends at any private residence or other private location where the possession and consumption of alcohol is permissible under this chapter, local ordinances, and other applicable law. This paragraph does not apply to licensed premises.
125.06(3g)
(3g) Wine or fermented malt beverages made at supply stores. The manufacture of wine or fermented malt beverages by any person at a business primarily engaged in selling supplies and equipment for use by homebrewers or home winemakers, and, notwithstanding s.
125.09 (1), the tasting at the business of wine or fermented malt beverages so manufactured, if the wine or fermented malt beverages are not sold or offered for sale. Wine or fermented malt beverages provided at a business for tasting under this subsection may only be provided by a person who holds an operator's license issued under s.
125.17.
125.06(3m)
(3m) The use of homemade wine or fermented malt beverages for competitions or exhibitions or similar purposes. 125.06(3m)(a)(a) The use of homemade wine or fermented malt beverages made in compliance with the limitations specified in sub.
(3) (a) for purposes of exhibition, demonstration, judging, tasting, or sampling or as part of a contest or competition, if the exhibition, demonstration, judging, tasting, sampling, contest, or competition is held at a private residence or on a licensed premises. Homemade wine or fermented malt beverages used for purposes described in this paragraph, including the submission or consumption of such wine or fermented malt beverages, are not considered sold or offered for sale under sub.
(3) (a) 2. and any prize awarded at a contest or competition or as a result of an exhibition, demonstration, judging, tasting, or sampling is not considered compensation under sub.
(3) (a) 1., but no fee may be charged for consumption of the homemade wine or fermented malt beverages at the exhibition, demonstration, judging, tasting, sampling, contest, or competition.
125.06(3m)(b)
(b) Notwithstanding ss.
125.14 (5),
125.315,
125.32 (6) (a),
125.34 (2) and
(5), and
125.67, a person who is not a licensee under this chapter may at a private residence, and a person who is a licensee under this chapter may on the licensed premises, conduct, sponsor, or host a contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade wine or fermented malt beverages made in compliance with the limitations specified in sub.
(3) (a) if the person does not sell the wine or fermented malt beverages and, unless the person is the maker of the wine or fermented malt beverages, does not acquire any ownership interest in the wine or fermented malt beverages. No fee may be charged for consumption of homemade wine or fermented malt beverages at the contest, competition, or other event. If the contest, competition, or other event is held on licensed premises, the licensee may allow the homemade wine or fermented malt beverages to be stored on the premises if the homemade wine or fermented malt beverages are clearly identified and kept separate from any alcohol beverages owned by the licensee. If the contest, competition, or other event is held on licensed premises, the provisions of ss.
125.32 (7) and
125.68 (9) (e) do not apply with respect to the homemade wine or fermented malt beverages. If the contest, competition, or other event is held on licensed premises, the licensee shall comply with all provisions of this chapter and local ordinances that would apply if the fermented malt beverages or wine were not homemade, except those provisions made specifically inapplicable under this paragraph.
125.06(3r)
(3r) Wine or fermented malt beverages made for educational purposes. The manufacture of wine or fermented malt beverages for educational purposes, and, notwithstanding s.
125.09 (1), the tasting of the wine or fermented malt beverages at the place of manufacture, if the wine or fermented malt beverages are not sold or offered for sale.
125.06(4)
(4) Unadulterated cider. The manufacture or sale of unadulterated apple cider.
125.06(5)
(5) Railroads, aircraft. The sale of alcohol beverages on any railroad dining, buffet or cafe car or aircraft, while in transit. Except as authorized under s.
125.26 (3m) or
125.51 (3) (dm), alcohol beverages may be consumed in a railroad dining, buffet or cafe car or aircraft only while it is in transit.
125.06(6)
(6) Public parks. The sale of fermented malt beverages in any public park operated by a county or municipality. Fermented malt beverages shall be sold by officers or employees of the county or municipality under an ordinance, resolution, rule or regulation enacted by the governing body.
125.06(7)
(7) Judicial, personal representative's, guardian's, receiver's or trustee's sale. The sale of alcohol beverages at any judicial, personal representative's or guardian's sale or any sale by a receiver or trustee in insolvency or bankruptcy, where the estate being administered possesses a license or permit in effect on the date of such sale.
125.06(8)
(8) Sale by secured party. The sale of alcohol beverages by a secured party in good faith under the terms of a security agreement, if the sale is not for the purpose of avoiding this chapter or ch.
139. The sale must be in the ordinary course of the business of lending money secured by a security interest in alcohol beverages or warehouse receipts or other evidence of ownership. A sale of fermented malt beverages must be made within 15 days after the secured party takes possession of the fermented malt beverages unless the secured party demonstrates good cause why a sale in compliance with s.
409.610 (2) or the security agreement cannot be made within this time period.
125.06(9)
(9) Ceramic bottle collectors. The sale of ceramic commemorative bottles or other uniquely designed decanters which contain intoxicating liquor, by collectors of such containers to other collectors of such containers.
125.06(10)
(10) Raffles. The awarding of alcohol beverages in original, unopened packages, containers or bottles as a prize, in a raffle conducted by an organization licensed to conduct the raffle under ch.
563, to any person who has attained the legal drinking age.
125.06(11)
(11) Auction sales. The sale by an auction house at public auction of a collection of sealed bottles of intoxicating liquor or unopened beer cans for the purpose of settling an estate or disposing of the collection or the auction sale of sealed bottles or containers of wine or of unopened bottles of intoxicating liquor or fermented malt beverages by a charitable organization, as defined in s.
202.11 (1), at an auction held to raise money for the charitable organization.
125.06(11m)
(11m) Wine collectors. The sale by a wine collector to any other wine collector of manufacturer-sealed bottles or containers of wine that the selling wine collector has held for at least 8 years if the selling wine collector has provided prior notice of the sale to the department. No more than one sale in any 12-month period may be conducted by a wine collector under this paragraph.
125.06 Cross-reference
Cross-reference: See also s.
Tax 8.03, Wis. adm. code.
125.06(12)
(12) Bed and breakfast establishments. The provision by a bed and breakfast establishment, as defined under s.
97.01 (1g), of not more than 2 complimentary 4-fluid-ounce glasses of wine per day to a person renting a room at the bed and breakfast establishment for consumption on the premises of the bed and breakfast establishment.
125.06(13)
(13) Wine sampling on “Class A" premises. 125.06(13)(a)(a) The provision of wine taste samples of not more than 3 fluid ounces each, free of charge, by a “Class A" licensee to customers and visitors for consumption on the premises. No “Class A" licensee may provide more than 2 taste samples per day to any one person. This subsection applies only between the hours of 11 a.m. and 7 p.m. Notwithstanding s.
125.07 (1) (a) 1., no “Class A" licensee may provide taste samples under this subsection to any underage person. No “Class A" licensee may provide as taste samples under this subsection wine that the “Class A" licensee did not purchase from a wholesaler.
125.06(13)(b)
(b) Notwithstanding par.
(a) and s.
125.10 (1), a municipality may prohibit the provision of wine under this subsection.
125.07
125.07
Underage and intoxicated persons; presence on licensed premises; possession; penalties. 125.07(1)(1)
Alcohol beverages; restrictions relating to underage persons. 125.07(1)(a)1.1. No person may procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
125.07(1)(a)2.
2. No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
125.07(1)(a)3.
3. No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on property, including any premises, owned and occupied by the adult or occupied by the adult and under the adult's control. This subdivision applies at a lodging establishment, as defined in s.
106.52 (1) (d), only if the adult has furnished payment or security for lodging. This subdivision does not apply to alcohol beverages used exclusively as part of a religious service.
125.07(1)(b)1.1. In this paragraph, “
violation" means a violation of this subsection or of a local ordinance that strictly conforms to par.
(a) if the violation results in an imposition of a forfeiture or a conviction. For purposes of determining previous violations under subd.
2., the 30-month period shall be measured from the dates of violations that resulted in an imposition of a forfeiture or a conviction. For the purpose of determining whether or not a previous violation has occurred, if more than one violation occurs at the same time all those violations shall be counted as one violation.
125.07(1)(b)2.a.
a. Required to forfeit not more than $500 if the person has not committed a previous violation within 30 months of the violation.
125.07(1)(b)2.b.
b. Fined not more than $500 or imprisoned for not more than 30 days or both if the person has committed a previous violation within 30 months of the violation.
125.07(1)(b)2.c.
c. Fined not more than $1,000 or imprisoned for not more than 90 days or both if the person has committed 2 previous violations within 30 months of the violation.
125.07(1)(b)2.d.
d. Fined not more than $10,000 or imprisoned for not more than 9 months or both if the person has committed 3 or more previous violations within 30 months of the violation.
125.07(1)(b)3.
3. A court shall suspend any license or permit issued under this chapter to a person for:
125.07(1)(b)3.a.
a. Not more than 3 days, if the court finds that the person committed a violation within 12 months after committing one previous violation;
125.07(1)(b)3.b.
b. Not less than 3 days nor more than 10 days, if the court finds that the person committed a violation within 12 months after committing 2 other violations; or
125.07(1)(b)3.c.
c. Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing 3 other violations.
125.07(1)(b)4.
4. The court shall promptly mail notice of a suspension under this paragraph to the department and to the clerk of each municipality which has issued a license or permit to the person.
125.07(1)(b)5.
5. A person who holds a Class “A" license, a Class “B" license or permit, a “Class A" license or a “Class B" license or permit who commits a violation is subject to subd.
3. but is not subject to subd.
2. or s.
125.11.
125.07(1)(b)6.a.a. Notwithstanding subd.
1., in this subdivision, “violation" means a violation of par.
(a) or of a local ordinance that strictly conforms to par.
(a).
125.07(1)(b)6.b.
b. Subject to subd.
6. c., only one penalty may be imposed under this paragraph for each underage person who is provided alcohol beverages contrary to this section or a local ordinance in conformity with this section.
125.07(1)(b)6.c.
c. If a violation occurs on licensed premises and the violation is detected by means of an undercover underage person employed by or assisting a law enforcement agency, only the individual responsible for providing the alcohol beverages to the underage person may be issued a citation for, or charged with, the violation.
125.07(2)
(2) Sales of alcohol beverages to intoxicated persons. 125.07(2)(a)1.1. No person may procure for, sell, dispense or give away alcohol beverages to a person who is intoxicated.
125.07(2)(a)2.
2. No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated.
125.07(2)(b)
(b)
Penalties. Any person who violates par.
(a) shall be fined not less than $100 nor more than $500 or imprisoned for not more than 60 days or both.
125.07(3)
(3) Presence in places of sale; penalty. 125.07(3)(a)(a)
Restrictions. An underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age may not enter, knowingly attempt to enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued, for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his or her employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises. This paragraph does not apply to:
125.07(3)(a)1.
1. An underage person who is a resident, employee, lodger or boarder on the premises controlled by the proprietor, licensee or permittee of which the licensed premises consists or is a part.
125.07(3)(a)2.
2. An underage person who enters or is on a Class “A" or “Class A" premises for the purpose of purchasing items other than alcohol beverages. An underage person so entering the premises may not remain on the premises after the purchase.
125.07(3)(a)3.
3. Hotels, drug stores, grocery stores, bowling centers, movie theaters, painting studios, billiards centers having on the premises 12 or more billiards tables that are not designed for coin operation and that are 8 feet or longer in length, indoor golf simulator facilities, indoor golf and baseball facilities on premises for which the only alcohol beverage license issued is a Class “B" license, service stations, vessels, cars operated by any railroad, regularly established athletic fields, outdoor volleyball courts that are contiguous to a licensed premises, stadiums, music festival venues during an event with a projected attendance of at least 2,500 persons, public facilities as defined in s.
125.51 (5) (b) 1. d. which are owned by a county or municipality or centers for the visual or performing arts.
125.07(3)(a)3m.
3m. Premises having an indoor volleyball court that measures at least 9 meters by 18 meters in area. The exception under this subdivision does not authorize an underage person to loiter in any room that is primarily used for the sale or consumption of alcohol beverages.
125.07(3)(a)3r.
3r. Any privately owned business that exists to provide recreational fishing opportunities to the public for a fee and that is registered under s.
95.60 (3m) if the sale of alcohol beverages accounts for less than 30 percent of the business's gross receipts.
