125.02(19)(19)“Retailer” means any person who sells, or offers for sale, any alcohol beverages to any person other than a person holding a permit or a license under this chapter.
125.02(20)(20)“Sell”, “sold”, “sale” or “selling” means any transfer of alcohol beverages with consideration or any transfer without consideration if knowingly made for purposes of evading the law relating to the sale of alcohol beverages or any shift, device, scheme or transaction for obtaining alcohol beverages, including the solicitation of orders for, or the sale for future delivery of, alcohol beverages.
125.02(20d)(20d)“State fair park” means the property, buildings, and other improvements under the management of the state fair park board located in the city of West Allis and the city of Milwaukee bounded by I 94 to the north, S. 76th Street to Pierce Street to S. 77th Street to the east, W. Greenfield Avenue to the south, and S. 84th Street to the west.
125.02(20g)(20g)“Tamper-evident seal” means a device or material that is used to securely and fully close off a container, with no perforations, in such a manner that access to the contents of the container cannot be gained without showing evidence of tampering.
125.02(20m)(20m)“Underage person” means a person who has not attained the legal drinking age.
125.02(21)(21)“Wholesaler” means a person, other than a brewer, brewpub, manufacturer, or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit to sell alcohol beverages at wholesale.
125.02(22)(22)“Wine” means products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain not less than 0.5 percent nor more than 21 percent of alcohol by volume.
125.02(23)(23)“Wine collector” means an individual who meets the standards established by the division by rule and who is registered with the division as a collector of wine.
125.02 HistoryHistory: 1981 c. 79, 202; 1983 a. 74; 1983 a. 189 s. 329 (6); 1983 a. 203 s. 47; 1985 a. 47, 302, 337; 1989 a. 253; 1991 a. 39; 1993 a. 27, 112; 1997 a. 27; 1999 a. 163; 2007 a. 20 ss. 2757te to 2757we, 2759ci; 2007 a. 85; 2011 a. 32, 200; 2013 a. 106; 2015 a. 8, 55, 62; 2017 a. 17; 2021 a. 21, 43; 2023 a. 73.
125.025125.025Powers and duties of division.
125.025(1)(1)Administration; personnel.
125.025(1)(a)(a) The division, under the direction and supervision of the administrator, shall administer this chapter and have jurisdiction over alcohol beverages regulation, enforcement, and education in this state. The division is responsible for administering regulatory programs; promoting regulatory transparency; promoting statutory changes to create clarity, consistency, and simplicity in alcohol beverage regulatory requirements; and ensuring active, consistent enforcement of alcohol beverage laws.
125.025(1)(b)(b) The administrator may appoint, in the classified service, special agents and other employees necessary to carry out the permitting, audit, legal, education, and enforcement functions of the division. The division shall employ no fewer than 10 alcohol beverage field agents to perform enforcement activities under the direction of the director of the bureau created under s. 15.433 (2) (b) dedicated to enforcement.
125.025(1)(c)(c) The administrator and any employee of the division may not be employed by or have a substantial financial interest in the alcohol beverages industry or any business subject to the division’s jurisdiction.
125.025(2)(2)Police powers. The division shall enforce, and the duly authorized employees of the division shall have all necessary police powers to prevent violations of, this chapter.
125.025(3)(3)Inspection for enforcement. Duly authorized employees of the department of justice and the division and any sheriff, police officer, marshal, or constable, within their respective jurisdictions, may, during normal business hours, enter any licensed premises, and examine the books, papers, and records of any brewer, brewpub, manufacturer, rectifier, wholesaler, retailer, fulfillment house, or common carrier and may inspect and examine, according to law, any premises where fermented malt beverages or intoxicating liquors are manufactured, sold, exposed for sale, possessed, or stored, for the purpose of inspecting the same and determining whether this chapter is being complied with. Any refusal to permit such examination of such premises is sufficient grounds under s. 125.12 for revocation or suspension of any license or permit issued under this chapter and is punishable under s. 125.11 (3).
125.025(4)(4)List of permittees. The division shall provide the department with all information necessary for the department to publish the information specified in s. 139.11 (4) (a) 2. and (b) 2.
125.025 HistoryHistory: 2023 a. 73.
125.03125.03Division rule making.
125.03(1)(1)Rules.
125.03(1)(a)(a) The division may promulgate rules consistent with this chapter and ch. 139 to carry out the division’s duties under this chapter.
125.03(1)(b)(b) The division shall promulgate rules providing for registration of wine collectors and establishing standards of eligibility for registration as a wine collector. The rules shall also specify the form and manner of notice required under s. 125.06 (11m).
125.03(2)(2)Containers. The division may by rule prescribe the standard size, form, or character of any container in which intoxicating liquor may be sold in this state except that the division may not set the size of containers in which intoxicating liquor, except wine containing not more than 21 percent of alcohol by volume, may be sold at a capacity greater than 1.75 liters (59.1752 fluid ounces).
125.03(3)(3)Violations. No person may violate a rule promulgated under sub. (1) (a) or (2).
125.03 HistoryHistory: 1981 c. 79, 1989 a. 253; 2007 a. 85; 2023 a. 73.
125.03 Cross-referenceCross-reference: See also s. Tax 8.41, Wis. adm. code.
125.035125.035Civil liability exemption: furnishing alcohol beverages.
125.035(1)(1)In this section, “person” has the meaning given in s. 990.01 (26).
125.035(2)(2)A person is immune from civil liability arising out of the act of procuring alcohol beverages for or selling, dispensing or giving away alcohol beverages to another person.