SB27-SSA1,1102,2 125.28 (5) (a) The premises described in a permit issued under this section shall be capable of warehousing fermented malt beverages. Any fermented malt beverages sold by the wholesaler shall be physically unloaded at the premises described in the permit, or at any warehouse premises for which the wholesaler also holds a permit under this section and a permit issued under s. 125.19, prior to being delivered to a retail licensee or to another wholesaler.

SB27-SSA1,1102,9 (b) A wholesaler under this section shall annually sell and deliver fermented malt beverages to at least 25 retail licensees or other wholesalers that do not have any direct or indirect interest in each other or in the wholesaler. The department may not issue a permit under this section unless the applicant represents to the department an intention to satisfy this requirement, and may not renew a permit issued under this section unless the wholesaler demonstrates that this requirement has been satisfied.

SB27-SSA1,1102,12 (c) No fermented malt beverages retail licensee or wholesaler may receive a benefit from a violation under par. (a) or (b) with knowledge of the circumstances giving rise to the violation.

SB27-SSA1,1102,17 (d) 1. A wholesaler that violates this subsection shall be fined not more than $10,000. In addition, a court shall order the wholesaler to forfeit an amount equal to any profit gained by the wholesaler or retail licensee that violates par. (c), or by both, resulting from the violation, and the court shall further order that the wholesaler's permit be revoked.

SB27-SSA1,1102,21 2. A court shall order a retail licensee or wholesaler that violates this subsection to forfeit an amount equal to any profit gained by the retail licensee or wholesaler resulting from the violation, and the court shall further order that the retail license or wholesaler's permit be revoked.

SB27-SSA1,1102,24 3. This paragraph shall not affect the authority of any municipality or the department to revoke, suspend, or refuse to renew or issue a license or permit under s. 125.12.

SB27-SSA1,1103,9 (e) The department shall promulgate rules to administer and enforce the requirements under this subsection. The rules shall ensure coordination between the department's issuance and renewal of permits under this section and its enforcement of the requirements of this subsection, and shall require that all applications for issuance or renewal of permits under this section be processed by department personnel generally familiar with activities of fermented malt beverages wholesalers. The department shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under this section and for periodic site inspections by the department of such warehouse facilities.

SB27-SSA1, s. 2604eu Section 2604eu. 125.29 (1) of the statutes is amended to read:

SB27-SSA1,1103,14 125.29 (1) Permit. No person may operate as a brewer unless that person obtains a permit from the department. Each wholesaler required to register under s. 139.09 shall obtain a permit under this subsection. A permit under this section may only be issued to a person who holds a valid certificate issued under s. 73.03 (50).

SB27-SSA1, s. 2604fc Section 2604fc. 125.29 (2) (title) of the statutes is repealed and recreated to read:

SB27-SSA1,1103,17 125.29 (2) (title) Interest restrictions.

SB27-SSA1, s. 2604fe Section 2604fe. 125.29 (2) of the statutes is renumbered 125.29 (2) (a) and amended to read:

SB27-SSA1,1103,22 125.29 (2) (a) Except as provided in s. 125.31, no No person holding a Class "A" license, Class "B" license or permit, or wholesaler's permit issued under this chapter may register as a brewer.

SB27-SSA1, s. 2604fg Section 2604fg. 125.29 (2) (b) of the statutes is created to read:

SB27-SSA1,1103,25 125.29 (2) (b) 1. Except as provided in subd. 2. or 3., no brewer may hold any ownership interest in any wholesaler.

SB27-SSA1,1104,2 2. A brewer may hold an ownership interest of less than 50 percent in a wholesaler if this ownership interest will not occur for more than 3 years.

SB27-SSA1,1104,9 3. If a wholesaler that has been granted distribution rights by a brewer for a brand in a designated sales territory is unable to service the designated sales territory for any reason, including the discontinuation of the wholesaler's distribution rights, bankruptcy, or criminal prosecution of the wholesaler in connection with operation of the wholesaler, and the reason is not the result of an action by the brewer, then a brewer shall be allowed, for a period of not more than one year, to take temporary control and operation of the wholesaler.

SB27-SSA1, s. 2604fi Section 2604fi. 125.29 (3) of the statutes is repealed and recreated to read:

SB27-SSA1,1104,12 125.29 (3) Authorized activities. The department shall issue brewer's permits to eligible applicants authorizing all of the following:

SB27-SSA1,1104,13 (a) The manufacture of fermented malt beverages on the brewery premises.

SB27-SSA1,1104,15 (b) The bottling, packaging, possession, and storage of fermented malt beverages on the brewery premises.

SB27-SSA1,1104,17 (c) The transportation of fermented malt beverages between the brewery premises and any depot or warehouse maintained by the brewer.

SB27-SSA1,1104,21 (d) The sale, shipment, transportation, and delivery, in original unopened packages or containers, to wholesalers, from the brewery premises, of fermented malt beverages that have been manufactured by the brewer on those premises or on other premises of the brewer.

SB27-SSA1,1104,25 (e) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale of fermented malt beverages that have been manufactured on the brewery premises or on other premises of the brewer for on-premise consumption by individuals at the brewery premises or an off-site retail outlet established by the brewer.

SB27-SSA1,1105,5 (f) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale to individuals of fermented malt beverages, in original unopened packages or containers, that have been manufactured on the brewery premises or on other premises of the brewer for off-premise consumption by individuals, if the sale occurs at the brewery premises or at an off-site retail outlet established by the brewer.

SB27-SSA1,1105,12 (g) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale of fermented malt beverages, for on-premise consumption or for off-premise consumption in original unopened packages or containers, that have been manufactured on another brewery premises in this state if the fermented malt beverages have been purchased by the brewer from a wholesaler holding a permit under s. 125.28 or from another brewery located in this state that manufactures 300,000 or less barrels of beer in a calendar year.

SB27-SSA1,1105,18 (h) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale of intoxicating liquor, for on-premise consumption by individuals at the brewery premises or an off-site retail outlet established by the brewer, if the brewer held, on June 1, 2011, a license or permit authorizing the retail sale of intoxicating liquor and if the intoxicating liquor has been purchased by the brewer from a wholesaler holding a permit under s. 125.54.

SB27-SSA1,1105,20 (i) The provision of free taste samples on the brewery premises, at an off-site retail outlet established by the brewer, or as authorized under s. 125.33 (12).

SB27-SSA1,1105,23 (j) The ownership, maintenance, or operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state.