125.545(3)(a)1.1. Within 7 days after filing its articles of incorporation under ch.
185, a cooperative wholesaler shall apply to the department for a wholesaler's permit under s.
125.54. The provisions of s.
125.04 (5) (c) and
(6) shall apply to a cooperative wholesaler as if the cooperative wholesaler were a corporation or a limited liability company and, for each of these provisions, the department shall determine whether the cooperative wholesaler is most similar to a corporation or a limited liability company in the context of that provision and apply that provision to the cooperative wholesaler accordingly.
125.545(3)(a)2.
2. Notwithstanding s.
125.54 (6), the department may issue not more than one wholesaler's permit to any cooperative wholesaler. The department may not issue more than a total of 6 wholesalers' permits to cooperative wholesalers in this state. The department may not issue any new wholesaler's permit to a cooperative wholesaler after December 31, 2008, but may renew wholesalers' permits that were initially issued to cooperative wholesalers prior to that date.
125.545(3)(a)3.
3. No cooperative wholesaler may operate in this state without a wholesaler's permit.
125.545(3)(b)1.1. Notwithstanding s.
125.54 (1), and except as provided in subd.
3., a cooperative wholesaler issued a wholesaler's permit under par.
(a) is authorized to sell and distribute only wine. Except as provided in subd.
3., a cooperative wholesaler may not sell or distribute any alcohol beverages, or any other product, except wine.
125.545(3)(b)2.
2. A cooperative wholesaler shall purchase on consignment wine from its members to be resold to retailers and other wholesalers. Notwithstanding s.
125.69 (5), a cooperative wholesaler may not purchase wine from any person other than a member. A cooperative wholesaler may not resell or distribute wine unless it has been purchased on consignment from a member. Notwithstanding s.
125.54 (1), a cooperative wholesaler may not sell or distribute wine except to a retailer or to a wholesaler holding a permit under s.
125.54.
125.545(3)(b)3.
3. A cooperative wholesaler may purchase ancillary wine industry trade goods such as bottles, corks, and other supplies used by wineries in the bottling and sale of wine if such trade goods do not include any alcohol beverages. Any wine industry trade goods purchased by a cooperative wholesaler under this subdivision may be offered for resale to the cooperative wholesaler's members or to any winery that was formerly a member of the cooperative wholesaler.
125.545(3)(b)4.
4. A cooperative wholesaler shall work with all of its members on evenhanded terms. Any preferential treatment by a cooperative wholesaler for the benefit of a member that is a Wisconsin winery, and any discrimination against a member that is an out-of-state winery, is prohibited.
125.545(3)(c)
(c) Neither a cooperative wholesaler nor its members are subject to any restriction on dealings under s.
125.69 (1) between wholesalers and wineries. Except as provided in s.
125.54 (7) (e) and as otherwise provided in this section, all provisions of this chapter and ch.
139 that apply to a wholesaler issued a permit under s.
125.54 also apply to a cooperative wholesaler issued a permit under s.
125.54.
125.545(4)
(4)
Exclusive distribution. A member of a cooperative wholesaler may make its wine available for purchase by a retailer or another wholesaler only through the cooperative wholesaler of which it is a member. A member of a cooperative wholesaler may not sell its wine directly to any other wholesaler or directly to a retailer.
125.545(5)
(5)
Biennial reports. With each application for renewal of a wholesaler's permit issued to a cooperative wholesaler, each cooperative wholesaler shall file with the department, in the form and manner prescribed by the department by rule, a biennial report that includes detailed information on its members, board of directors, and sale and distribution activities.
125.545(6)
(6)
Department certification and rule making. 125.545(6)(a)1.1. The department shall, upon application, certify eligible applicants as small wineries and renew prior certifications of eligible applicants as small wineries.
125.545(6)(a)2.
2. Any winery seeking to become a member of, or to maintain its membership in, a cooperative wholesaler may apply to the department for certification as a small winery. If the winery meets the definition of a small winery under this section, satisfies the requirement under sub.
(2) (a) 3. a., and submits any other information that the department determines is necessary to certify that the winery is operating as a small winery and is eligible for membership in a cooperative wholesaler, the department shall certify the winery as a small winery. This certification shall remain valid for one year.
125.545(6)(a)3.
3. In certifying any winery under subd.
2., the department shall classify the winery as either a Wisconsin winery or an out-of-state winery.
125.545(6)(a)4.
4. The department shall refuse to certify under this paragraph any winery that cannot demonstrate it holds all necessary permits for its operations or that the department finds is otherwise not in full compliance with the laws of this state.
125.545(6)(b)
(b) The department shall promulgate rules to administer and enforce the requirements under this section.
125.545(7)(a)(a) Any winery that sells or distributes its wine directly to a retailer, rather than through a wholesaler or cooperative wholesaler, is subject to a fine of not more than $10,000 and revocation of all of its permits by the department under s.
125.12 (5).
125.545(7)(b)
(b) Any cooperative wholesaler that provides preferential treatment to a Wisconsin winery or discriminates against an out-of-state winery is subject to a fine of not more than $10,000 and revocation of its wholesaler's permit by the department under s.
125.12 (5).
125.545 History
History: 2007 a. 85;
2011 a. 175.
125.545 Cross-reference
Cross-reference: See also s.
Tax 8.05, Wis. adm. code.
125.55
125.55
Combination permits. 125.55(1)(1)
The department may issue a combination manufacturer's and rectifier's permit.
125.55(2)
(2) A combination manufacturer's and wholesaler's permit may not be issued. A combination rectifier's and wholesaler's permit may not be issued.
125.56
125.56
Sacramental wine. 125.56(1)(1)
Authorization to sell. Any person holding a permit under s.
125.52 (1),
125.53 or
125.54 may sell sacramental wine directly to persons holding permits under sub.
(2).
125.56(2)(a)(a) The department shall issue sacramental wine permits to organized religious bodies authorizing them to purchase for their own use sacramental wine from any permittee under s.
125.52 (1),
125.53 or
125.54. A permit under this subsection does not authorize the resale of sacramental wine by the permittee.
125.56(2)(b)
(b) No sacramental wine permit may be issued to a person acting as an agent for or in the employ of another.
125.56(2)(c)
(c) Shipments of sacramental wine shall be conspicuously labeled “for sacramental purposes" and shall meet any other requirements the department prescribes by rule.
125.56 History
History: 1981 c. 79;
1983 a. 516 s.
8.
125.58
125.58
Out-of-state shippers' permit; exception to requirement. 125.58(1)(1)
The department shall issue out-of-state shippers' permits which authorize persons located outside this state to sell or ship intoxicating liquor into this state. Except as provided under sub.
(4), intoxicating liquor may be shipped into this state only to a person holding a wholesaler's permit under s.
125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under this section, to a person holding a manufacturer's or rectifier's permit under s.
125.52 or a winery permit under s.
125.53. Except as provided under sub.
(4), a separate out-of-state shipper's permit is required for each location from which any intoxicating liquor is sold or shipped into this state, including the location from which the invoices are issued for the sales or shipments. Any person holding an out-of-state shipper's permit issued under this section may solicit orders for sales or shipments by the permittee without obtaining the sales solicitation permit required by s.
125.65, but every agent, salesperson or other representative who solicits orders for sales or shipments by an out-of-state shipper shall first obtain a permit for soliciting orders under s.
125.65. No holder of an out-of-state shipper's permit issued under this section may sell intoxicating liquor in this state or ship intoxicating liquor into this state unless the out-of-state shipper is the primary source of supply for that intoxicating liquor.
125.58(2)
(2) Out-of-state shippers' permits may be issued only to a person who holds a valid certificate issued under s.
73.03 (50), but may not be issued to a person acting as an agent for or in the employ of another. 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 eligible 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.
125.58(4)
(4) A winery located outside of this state may ship wine into this state as provided under s.
125.535 and is not required to hold an out-of-state shipper's permit under this section.
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. Mar. 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 sub. (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.
