125.33(10)(c)1.
1. The wholesaler or a principal of the wholesaler engaged in material fraudulent conduct or made substantial misrepresentations in its dealings with the brewer, brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit or with others regarding any brand of the brewer, brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit.
125.33(10)(c)2.
2. The wholesaler or a principal of the wholesaler was convicted of, or pleaded no contest to, a felony crime.
125.33(10)(c)3.
3. The wholesaler or a principal of the wholesaler knowingly distributed any brand of the brewer, brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit outside the territory authorized by the brewer, brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit for distribution of the brand.
125.33(10)(c)4.
4. The wholesaler or a principal of the wholesaler became insolvent or instituted bankruptcy proceedings, dissolved or liquidated the wholesaler's business, or assigned or attempted to assign the assets of the wholesaler's business for the benefit of creditors.
125.33(10)(d)
(d) If a terminated wholesaler and a successor wholesaler agree to the fair market value of the terminated wholesaler's distribution rights to any discontinued brand of fermented malt beverages assumed by the successor wholesaler for the same territory, the successor wholesaler shall pay the agreed upon sum to the terminated wholesaler within 30 days of the date on which the parties reach the agreement. If the parties cannot agree on the compensation due to the terminated wholesaler, upon written demand of either party, the parties shall submit their dispute for binding arbitration, subject to ch.
788, under the commercial arbitration rules of the American Arbitration Association if possible or, if not possible, by a nationally recognized arbitration association. The arbitration shall be conducted on an expedited basis to the extent an expedited proceeding is available. The arbitration shall commence within 90 days after the successor wholesaler obtains rights to receive a supply of a brand of fermented malt beverages, that is a discontinued brand of fermented malt beverages, of the terminated wholesaler, unless this time period is extended by mutual agreement of the parties or by the arbitrator. If the arbitrator awards compensation to the terminated wholesaler under this paragraph, the successor wholesaler shall pay the awarded compensation to the terminated wholesaler within 30 days of the date of the arbitrator's decision. The terminated wholesaler and the successor wholesaler shall each pay an equal share of the costs of arbitration.
125.33(10)(e)
(e) This subsection does not apply if the terminated wholesaler is a dealer, as defined in s.
135.02 (2), whose business relationship as to any discontinued brand constitutes a dealership, as defined in s.
135.02 (3) (a), as determined by a court of competent jurisdiction. Any arbitration proceeding under par.
(d) shall be stayed pending this determination.
125.33(11)
(11) Source of fermented malt beverages. 125.33(11)(a)(a) Subject to s.
125.34 (3), no wholesaler authorized to make retail sales under s.
125.28 (1) (e) may sell a brand of fermented malt beverages to a retail licensee unless the wholesaler has an agreement for general wholesale distribution of that brand of fermented malt beverages with the brewer, brewpub, brewer's agent, brewpub's agent, or holder of an out-of-state shipper's permit supplying that brand.
125.33(11)(b)
(b) If a wholesaler violates par.
(a), any other wholesaler aggrieved by such violation or the brewer or brewpub may bring an action against such wholesaler in any court of competent jurisdiction for damages sustained by the aggrieved wholesaler or the brewer or brewpub as a consequence of the violation, together with the actual costs of the action. Notwithstanding s.
814.04 (1), a wholesaler or the brewer or brewpub who prevails in an action under this paragraph may recover reasonable actual attorney fees incurred in the action.
125.33(12)
(12) Providing taste samples on Class “A" premises. Notwithstanding s.
125.34 (6), with the consent of the Class “A" licensee, a brewer may provide, free of charge, on Class “A" premises, taste samples of fermented malt beverages to any person who has attained the legal drinking age for consumption on the premises during hours in which the Class “A" licensee is authorized under s.
125.25 (1) to provide taste samples or, if more restrictive, only during hours established by ordinance by a municipality under s.
125.32 (3) (d). The provision of taste samples under this subsection shall be subject to the same limitations that apply to taste samples provided by a Class “A" licensee under s.
125.25 (1). No brewer may provide as taste samples under this subsection any fermented malt beverages that the brewer did not purchase from the Class “A" licensee on whose premises the taste samples are provided. A brewer may provide taste samples under this subsection through an individual representing the brewer who is hired by the brewer and who is not employed by or an agent of a wholesaler. All provisions of this subsection that apply to a brewer apply equally to any individual representing a brewer.
125.33(13)
(13) Wholesalers' source of supply. No wholesaler may purchase fermented malt beverages for resale unless the wholesaler purchases them either from the primary source of supply for the brand of fermented malt beverages sought to be sold or from a wholesaler within this state that holds a permit issued under s.
125.28. No wholesaler may sell fermented malt beverages purchased by the wholesaler to any other licensee or permittee under this chapter if the fermented malt beverages have not been purchased by the wholesaler from the primary source of supply or from a wholesaler within the state holding a permit issued under s.
125.28.
125.33 History
History: 1981 c. 79,
202;
1983 a. 26,
67,
68,
182,
192,
538;
1985 a. 15,
135;
1987 a. 308;
1989 a. 31,
253;
1991 a. 39;
1993 a. 112,
301;
1995 a. 320;
1997 a. 132,
166;
2001 a. 16,
38,
105;
2003 a. 303;
2005 a. 103;
2007 a. 9,
20;
2011 a. 32.
125.33 Cross-reference
Cross-reference: See also s.
Tax 7.23, Wis. adm. code.
125.33 Annotation
The selective discount ban under s. 66.054 (8a) (i) [now s. 125.33 (6)] is constitutional. State v. Kay Distributing Co., Inc.
110 Wis. 2d 29,
327 N.W.2d 188 (Ct. App. 1982).
125.33 Annotation
Sub. (1) (a) prohibits a person from having an interest in real estate leased to a Class “B" licensee while also being a director, officer, or shareholder of a brewery.
77 Atty. Gen. 76.
125.34
125.34
Distribution restrictions on wholesalers, brewers, brewpubs, and out-of-state shippers. 125.34(1)(a)
(a) “Brand" means any word, name, group of letters, symbol, or combination thereof, including the name of the brewer, brewpub, or out-of-state shipper if the brewer's, brewpub's, or out-of-state shipper's name is also a significant part of the product name, adopted and used by a brewer, brewpub, or out-of-state shipper to identify a specific fermented malt beverage product and to distinguish that product from other fermented malt beverages produced by that brewer, brewpub, or out-of-state shipper or other brewers, brewpubs, or out-of-state shippers.
125.34(1)(c)
(c) “Designated sales territory" means the geographical area identified in a written agreement between a wholesaler and a brewer, brewpub, or out-of-state shipper under which the wholesaler is authorized to distribute one or more brands of fermented malt beverages supplied by the brewer, brewpub, or out-of-state shipper.
125.34(1)(e)
(e) “Retailer" means any person holding a Class “A" license or a Class “B" license or permit.
125.34(1)(f)
(f) “Retail premises" means the premises described in a Class “A" license or a Class “B" license or permit.
125.34(2)
(2) Except as provided in ss.
125.29 (3m) (b) and
(c),
125.295 (1) (e) and
(g), and
125.30 (4), no fermented malt beverages may be sold, transported, or delivered to a retailer unless, prior to such sale, transport, or delivery, the fermented malt beverages are first unloaded at, physically at rest at, and only then distributed from a wholesaler's warehouse premises covered by both a wholesaler's permit issued under s.
125.28 and an alcohol beverage warehouse permit issued under s.
125.19, which premises shall be in this state. This subsection does not apply to a wholesaler issued a wholesaler's permit under s.
125.28 (1) (b) with respect to fermented malt beverages transported and delivered from a warehouse in an adjoining state unless the wholesaler's warehouse in the adjoining state is located on premises in the adjoining state used for the manufacture of fermented malt beverages.
125.34(3)(a)1.1. A wholesaler may not sell, transport, or deliver any brand of fermented malt beverages unless the wholesaler has entered into a written agreement with the brewer, brewpub, or out-of-state shipper supplying the brand that grants to the wholesaler distribution rights for the brand and identifies the designated sales territory for which such distribution rights are granted, including the precise geographical area comprising the designated sales territory.
125.34(3)(a)2.
2. A brewer, brewpub, or out-of-state shipper may not, in any agreement under this paragraph, grant to more than one wholesaler distribution rights for the same brand in the same designated sales territory or in any part of the same designated sales territory.
125.34(3)(b)
(b) Within a wholesaler's designated sales territory for any brand of fermented malt beverages, the wholesaler may not refuse to sell the brand of fermented malt beverages, or refuse to offer reasonable service related to the sale of the brand of fermented malt beverages, to any retailer.
125.34(4)
(4) No wholesaler may sell, transport, or deliver, or cause to be sold, transported, or delivered, any brand of fermented malt beverages to any of the following:
125.34(4)(a)
(a) Any retailer located outside the wholesaler's designated sales territory for the brand. This paragraph does not apply if another wholesaler that has been granted distribution rights for the brand in the designated sales territory where the sale, transportation, or delivery occurs is unable to service this designated sales territory and the brewer, brewpub, or out-of-state shipper granting distribution rights has, notwithstanding sub.
(3) (a), given consent for the sale, transportation, or delivery, which consent shall be limited to the time period that another wholesaler is unable to service this designated sales territory.
125.34(4)(b)
(b) Any person, other than another wholesaler, that the wholesaler knows or should know will transport the product for resale in a designated sales territory for which another wholesaler has been granted distribution rights for the brand.
125.34(5)
(5) Except as provided in ss.
125.29 (3m) (b) and
(c),
125.295 (1) (e) and
(g), and
125.30 (4), deliveries of fermented malt beverages to retailers may be made only by wholesalers and shall be made to retailers only at their retail premises. No retailer may transport fermented malt beverages from one retail premises to another retail premises for purposes of selling the fermented malt beverages at the other retail premises unless both retail premises are operated by a brewpub holding the retail licenses.
INTOXICATING LIQUOR
125.51
125.51
Retail licenses and permits. 125.51(1)(a)
(a) Subject to sub.
(2) (e) 2., every municipal governing body may grant and issue “Class A" and “Class B" licenses for retail sales of intoxicating liquor, and “Class C" licenses for retail sales of wine, from premises within the municipality to persons entitled to a license under this chapter as the issuing municipal governing body deems proper and may authorize an official or body of the municipality to issue temporary “Class B" licenses under sub.
(10). No “Class B" license may be issued to a winery under sub.
(3) (am) unless the winery has been issued a permit under s.
125.53 and the winery is capable of producing at least 5,000 gallons of wine per year in no more than 2 locations.
125.51(1)(b)
(b) No member of the municipal governing body may hold a permit under s.
125.54 or, with respect to the issuance or denial of licenses under this section, do any act in violation of s.
19.59 (1).
125.51(1)(c)1.1. Except as provided in subd.
2., the municipal governing body, or the duly authorized committee of a city council, shall meet not later than May 15 annually, and be in session from day to day thereafter so long as may be necessary, for the purpose of acting upon license applications filed with it on or before April 15. Subject to sub.
(2) (e) 2., the governing body or committee shall grant, issue, or deny each application not later than June 15 for the ensuing license year. Licenses may be granted for issuance at a later date when the applicant has complied with all requirements for the issuance of the license. The governing body or committee may accept and act upon any application filed at any other time. The governing body or committee may not deny an application for renewal of an existing license unless a statement of the reason for the denial is included in its clerk's minutes.
125.51(1)(c)2.
2. The governing body of a 1st class city shall establish and publish notice of the dates on which it, or its duly authorized committee, will meet and act on license applications.
125.51(2)(a)(a) A “Class A" license authorizes the retail sale of intoxicating liquor for consumption off the premises where sold and in original packages and containers.
125.51(2)(am)
(am) In addition to the authorization under par.
(a) and s.
125.06 (13), a “Class A" license authorizes the licensee to provide, free of charge, to customers and visitors who have attained the legal drinking age, taste samples of intoxicating liquor other than wine that are not in original packages or containers and that do not exceed 0.5 fluid ounces each, for consumption on the “Class A" premises. No “Class A" licensee may provide more than one such taste sample per day to any one person. Taste samples may be provided under this paragraph only between the hours of 11 a.m. and 7 p.m. Any representative of a manufacturer, rectifier, winery, or out-of-state shipper issued a permit under s.
125.52,
125.53, or
125.58 may assist the “Class A" licensee in dispensing or serving the taste samples. No “Class A" licensee may provide as taste samples under this paragraph intoxicating liquor other than wine that the “Class A" licensee did not purchase from a wholesaler.
125.51(2)(b)
(b) Except as provided under s.
125.69, “Class A" licenses 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.
125.51(2)(c)
(c) “Class A" licenses shall particularly describe the premises for which issued and are not transferable, except as provided in s.
125.04 (12).
125.51(2)(d)1.1. The annual fee for a “Class A" license shall be determined by the municipal governing body and shall be the same for all “Class A" licenses, except that the minimum fee is $50 and the maximum fee is $500.
125.51(2)(d)2.
2. Notwithstanding subd.
1., there is no annual fee or initial issuance fee for a “Class A" license issued under par.
(e) 2. 125.51(2)(e)1.1. In this paragraph, “
cider" means any alcohol beverage that is obtained from the fermentation of the juice of apples or pears and that contains not less than 0.5 percent alcohol by volume and not more than 7.0 percent alcohol by volume. “Cider" includes flavored, sparkling, and carbonated cider.
125.51(2)(e)2.
2. Notwithstanding s.
125.68 (3), upon application, a municipal governing body shall grant and issue a “Class A" license to the applicant if all of the following apply:
125.51(2)(e)2.a.
a. The application is made for a “Class A" license containing the condition that retail sales of intoxicating liquor are limited to cider.
125.51(2)(e)2.b.
b. The applicant holds a Class “A" license issued under s.
125.25 for the same premises for which the “Class A" license application is made.
125.51(2)(e)3.
3. Notwithstanding par.
(a) and s.
125.06 (13), a person issued a “Class A" license under subd.
2. may not make retail sales, or provide taste samples, of any intoxicating liquor other than cider. Paragraph
(am) does not apply to a person issued a “Class A" license under subd.
2. 125.51(3)(a)(a) A “Class B" license authorizes the retail sale of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. In addition, wine may be sold in the original package or container in any quantity to be consumed off the premises where sold. This paragraph does not apply in municipalities in which the governing body elects to come under par.
(b) or to a winery that has been issued a “Class B" license. Paragraph
(am) applies to all wineries that have been issued a “Class B" license.
125.51(3)(am)
(am) A “Class B" license issued to a winery authorizes the sale of wine to be consumed by the glass or in opened containers only on the premises where sold and also authorizes the sale of wine in the original package or container to be consumed off the premises where sold, but does not authorize the sale of fermented malt beverages or any intoxicating liquor other than wine.
125.51(3)(b)
(b) In all municipalities electing by ordinance to come under this paragraph, a retail “Class B" license authorizes the sale of intoxicating liquor to be consumed by the glass only on the premises where sold and also authorizes the sale of intoxicating liquor in the original package or container, in any quantity, to be consumed off the premises where sold. This paragraph does not apply to a winery that has been issued a “Class B" license. Paragraph
(am) applies to all wineries that have been issued a “Class B" license.
125.51(3)(bm)
(bm) Notwithstanding pars.
(a) and
(b) and s.
125.04 (3) (a) 3. and
(9), a “Class B" license authorizes a person operating a hotel to furnish a registered guest who has attained the legal drinking age with a selection of intoxicating liquor in the guest's room which is not part of the “Class B" premises. Intoxicating liquor furnished under this paragraph shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place must be capable of being locked. The cabinet, refrigerator or other secure storage place shall be locked, or the intoxicating liquor shall be removed from the room, when the room is not occupied and when intoxicating liquor is not being furnished under this paragraph. A key for the lock shall be supplied to a guest who has attained the legal drinking age upon request at registration. The hotel shall prominently display a price list of the intoxicating liquor in the hotel room. Intoxicating liquor may be furnished at the time the guest occupies the room, but for purposes of this chapter, the sale of intoxicating liquor furnished under this paragraph is considered to occur at the time and place that the guest pays for the intoxicating liquor. Notwithstanding s.
125.68 (4) (c), the guest may pay for the intoxicating liquor at any time if he or she pays in conjunction with checking out of the hotel. An individual who stocks or accepts payment for alcohol beverages under this paragraph shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company or the holder of a manager's or operator's license or be supervised by one of those individuals.
125.51(3)(bs)1.a.
a. “Coliseum" means a multipurpose facility designed principally for sports events, with a capacity of 18,000 or more persons.
125.51(3)(bs)1.b.
b. “Concessionaire" means a person designated by the owner or operator of a coliseum to operate premises in the coliseum and to provide intoxicating liquor to holders of coliseum suites.
125.51(3)(bs)2.
2. Notwithstanding pars.
(a) and
(b) and s.
125.04 (3) (a) 3. and
(9), a “Class B" license authorizes a person operating a coliseum to furnish the holder of a coliseum suite who has attained the legal drinking age with a selection of intoxicating liquor in the coliseum suite that is not part of the “Class B" premises. Intoxicating liquor furnished under this subdivision shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place or the coliseum suite must be capable of being locked. The cabinet, refrigerator or other secure storage place or the coliseum suite shall be locked, or the intoxicating liquor shall be removed from the coliseum suite, when the coliseum suite is not occupied and when intoxicating liquor is not being furnished under this subdivision. Intoxicating liquor may be furnished at the time the holder of the coliseum suite occupies the coliseum suite, but for purposes of this chapter, the sale of intoxicating liquor furnished under this subdivision is considered to occur at the time and place that the holder pays for the intoxicating liquor. Notwithstanding s.
125.68 (4) (c), the holder of a coliseum suite may pay for the intoxicating liquor at any time if he or she pays in accordance with an agreement with the person operating the coliseum or with the concessionaire. An individual who stocks or accepts payment for alcohol beverages under this subdivision shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company or the holder of a manager's or operator's license or be supervised by one of those individuals.
125.51(3)(bu)
(bu) Notwithstanding ss.
125.04 (3) (a) 3. and
(9) and
125.09 (1), in addition to the authorization specified in sub.
(1) (a) and in sub.
(3) (a) or
(b), a “Class B" license issued under sub.
(1) to a caterer also authorizes the caterer to provide intoxicating liquor, including its retail sale, at the National Railroad Museum in Green Bay during special events held at this museum. Notwithstanding subs.
(1) (a) and
(3) (a) and
(b), a caterer may provide intoxicating liquor under this paragraph at any location at the National Railroad Museum even though the National Railroad Museum is not part of the caterer's licensed premises, as described under par.
(d) in the caterer's “Class B" license, and even if the National Railroad Museum is not located within the municipality that issued the caterer's “Class B" license. A caterer that provides intoxicating liquor under this paragraph is subject to s.
125.68 (2) as if the intoxicating liquor were provided on the caterer's “Class B" licensed premises. This paragraph does not authorize the National Railroad Museum to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply if, at any time, the National Railroad Museum holds a “Class B" license.
125.51(3)(bw)
(bw) Notwithstanding ss.
125.04 (3) (a) 3. and
(9) and
125.09 (1), in addition to the authorization specified in par.
(a) or
(b) and in sub.
(1) (a), a “Class B" license issued under sub.
(1) to a caterer also authorizes the caterer to provide intoxicating liquor, including its retail sale, at the Heritage Hill state park during special events held at this park. Notwithstanding pars.
(a) and
(b) and sub.
(1) (a), a caterer may provide intoxicating liquor under this paragraph 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 par.
(d) 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 intoxicating liquor under this paragraph is subject to s.
125.68 (2) as if the intoxicating liquor were provided on the caterer's “Class B" licensed premises. This paragraph does not authorize the Heritage Hill state park to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply if, at any time, the Heritage Hill state park holds a “Class B" license.
125.51(3)(bx)
(bx) Notwithstanding ss.
125.04 (3) (a) 3. and
(9) and
125.09 (1), in addition to the authorization specified in par.
(a) or
(b) and in sub.
(1) (a), a “Class B" license issued under sub.
(1) also authorizes the licensee to provide intoxicating liquor, including its retail sale, at specific locations within the Ozaukee County fairgrounds for consumption at these locations during special events held at the fairgrounds, if the Ozaukee County board adopts a resolution approving the licensee and if the licensee's “Class B” licensed premises are located in Ozaukee County. Notwithstanding pars.
(a) and
(b) and sub.
(1) (a), a licensee may provide intoxicating liquor under this paragraph at the Ozaukee County fairgrounds even though the Ozaukee County fairgrounds are not part of the licensee's licensed premises, as described under par.
(d) in the licensee's “Class B” license, and even if the Ozaukee County fairgrounds are not located within the municipality that issued the licensee's “Class B” license. A licensee that provides intoxicating liquor under this paragraph is subject to s.
125.68 (2) as if the intoxicating liquor were provided on the licensee's “Class B” licensed premises. This paragraph does not authorize Ozaukee County or any person operating or managing the Ozaukee County fairgrounds to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale.
125.51(3)(c)
(c) Except as provided under s.
125.69, a “Class B" license 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.
125.51(3)(d)
(d) “Class B" licenses shall particularly describe the premises for which issued and are not transferable, except as provided in s.
125.04 (12).
125.51(3)(dm)
(dm) A municipality may issue a “Class B" license authorizing retail sales of intoxicating liquor on a railroad car while the railroad car is standing in a specified location in the municipality.
125.51(3)(e)1.1. Except as provided in subds.
2. to
4. and
6., the annual fee for a “Class B" license shall be established by the municipal governing body and shall be the same for all “Class B" licenses, except that the minimum fee shall be $50 and the maximum fee shall be $500. The minimum fee does not apply to licenses issued to bona fide clubs and lodges situated and incorporated in the state for at least 6 years.
125.51(3)(e)2.
2. Each municipal governing body shall establish the fee, in an amount not less than $10,000, for an initial issuance of a reserve “Class B" license, as defined in sub.
(4) (a) 4., and, if the municipality contains a capital improvement area enumerated under sub.
(4) (x) 2., for an initial issuance of a “Class B" license under sub.
(4) (x) 3. and
4., except that the fee for an initial issuance of a reserve “Class B" license to a bona fide club or lodge situated and incorporated in the state for at least 6 years is the fee established under subd.
1. for such a club or lodge. The fee under this subdivision is in addition to any other fee required under this chapter. The annual fee for renewal of a reserve “Class B" license, as defined in sub.
(4) (a) 1., and a “Class B" license issued under sub.
(4) (x) 3. or
4. is the fee established under subd.
1. A municipality may not rebate or refund to a “Class B" licensee or a person affiliated with the “Class B" licensee or with the license application process, including through any grant or tax credit program, the fee paid by the licensee under this subdivision for initial issuance of a reserve “Class B" license.
125.51 Note
NOTE: The cross-reference to sub. (4) (x) 2. was changed from sub. (4) (x) 2. a. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the consolidation and renumbering under s. 13.92 (1) (bm) 2. of sub. (4) (x) 2. (intro.) and a.
125.51(3)(e)3.
3. Each municipal governing body shall establish the annual fee for a “Class B" license issued under sub.
(4) (v), except that neither the fee for an initial issuance of, nor the annual fee for, a “Class B" license issued under sub.
(4) (v) 4. may exceed any fee established under subd.
1. The initial fee may be different from the annual fee to renew the license.
125.51(3)(e)4.
4. Each municipal governing body that transfers a license under sub.
(4) (e) shall establish the fee, in an amount not less than $10,000, for issuance of a reserve “Class B" license after it has been transferred under sub.
(4) (e). A municipality may not rebate or refund to a “Class B" licensee or a person affiliated with the “Class B" licensee or with the license application process, including through any grant or tax credit program, the fee paid under this subdivision for issuance of the license after transfer. The annual fee for renewal of a reserve “Class B" license after it has been transferred and reissued under sub.
(4) (e) is the fee established under subd.
1. 125.51(3)(e)5.
5. Notwithstanding subd.
2., a municipal governing body may not establish an initial issuance fee for a “Class B" license issued under sub.
(4) (w) 5. that exceeds the annual fee established for the license under subd.
1. 125.51(3)(e)6.
6. Notwithstanding subd.
2., each municipal governing body that has designated a premier economic development district under sub.
(4) (u) 2. shall establish the fee, in an amount not less than $30,000, for initial issuance of a reserve “Class B" license under sub.
(4) (u) 3. A municipality may not rebate or refund to a “Class B" licensee or a person affiliated with the “Class B" licensee or with the license application process, including through any grant or tax credit program, the fee paid by the licensee under this subdivision for initial issuance of a reserve “Class B" license under sub.
(4) (u) 3. The annual fee for renewal of a reserve “Class B" license issued under sub.
(4) (u) 3. is the fee established under subd.
1. 125.51(3)(f)
(f) A “Class B" license may be issued only to a holder of a retail Class “B" license to sell fermented malt beverages unless the “Class B" license is the kind of “Class B" license specified under par.
(am) or is a temporary “Class B" license under sub.
(10).
125.51(3m)(a)(a) In this subsection “barroom" means a room that is primarily used for the sale or consumption of alcohol beverages.
125.51(3m)(b)
(b) A “Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold.
125.51(3m)(c)
(c) A “Class C" license may be issued to a person qualified under s.
125.04 (5) for a restaurant in which the sale of alcohol beverages accounts for less than 50 percent of gross receipts and which does not have a barroom or for a restaurant in which the sale of alcohol beverages accounts for less than 50 percent of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold. A “Class C" license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as agent for or in the employ of another.
125.51(3m)(d)
(d) A “Class C" license shall particularly describe the premises for which it is issued.
