125.13 Report of suspension, revocation, or imposition of penalty. 125.14 Enforcement provisions. 125.145 Prosecutions by attorney general or division. 125.15 Actions against intoxicating liquor wholesalers. 125.16 Actions to recover price denied. 125.17 Issuance of operators’ licenses. 125.175 Issuance of operators’ permits. 125.18 Issuance of managers’ licenses. 125.185 Provisional retail licenses. 125.19 Alcohol beverage warehouse permit. 125.20 Interest restrictions. 125.21 Production agreements. 125.22 Common carrier permit; shipments into state. 125.23 Fulfillment houses. 125.24 No-sale event venue permit. SUBCHAPTER II
FERMENTED MALT BEVERAGES
125.25 Class “A” licenses. 125.26 Class “B” licenses. 125.27 Class “B” permits. 125.272 Face-to-face retail sales. 125.275 Industrial fermented malt beverages permit. 125.28 Wholesalers’ permits. 125.30 Out-of-state shippers’ permits; delivery to wholesalers. 125.315 Evading provisions of law by giving away fermented malt beverages. 125.32 General restrictions and requirements. 125.33 Restrictions on dealings between brewers, brewpubs, wholesalers, and retailers. 125.34 Distribution restrictions on wholesalers, brewers, brewpubs, and out-of-state shippers. SUBCHAPTER III
INTOXICATING LIQUOR
125.51 Retail licenses and permits. 125.52 Manufacturers’ and rectifiers’ permits. 125.535 Direct wine shippers’ permits. 125.54 Wholesalers’ permits. 125.545 Small cooperative wholesalers. 125.55 Combination permits. 125.58 Out-of-state shippers’ permit; exception to requirement. 125.60 Wholesale alcohol permit. 125.61 Medicinal alcohol permit. 125.62 Industrial alcohol permit. 125.63 Industrial wine permit. 125.65 Permit to solicit for future sales. 125.66 Sale without license; failure to obtain permit; penalties. 125.67 Evading provisions of law by giving away intoxicating liquor; penalties. 125.68 General restrictions and requirements. 125.69 Restrictions on dealings between manufacturers, rectifiers, wholesalers and retailers. 125.70 Trade show samples. Ch. 125 NoteNOTE: Chapter 79, laws of 1981, which created this chapter of the statutes, contains extensive notes explaining the revisions. See the 1981 Session Laws. GENERAL PROVISIONS
125.01125.01 Legislative intent. This chapter shall be construed as an enactment of the legislature’s support for the 3-tier system for alcohol beverages production, distribution, and sale that, through uniform statewide regulation, provides this state regulatory authority over the production, storage, distribution, transportation, sale, and consumption of alcohol beverages by and to its citizens, for the benefit of the public health and welfare and this state’s economic stability. Without the 3-tier system, the effective statewide regulation and collection of state taxes on alcohol beverages sales would be seriously jeopardized. It is further the intent of the legislature that without a specific statutory exception, all sales of alcohol beverages shall occur through the 3-tier system, from manufacturers to wholesalers holding a permit to retailers to consumers. Face-to-face retail sales at licensed premises directly advance the state’s interest in preventing alcohol sales to underage or intoxicated persons and the state’s interest in efficient and effective collection of tax. 125.01 AnnotationState liquor laws, including licensing requirements, are applicable to liquor establishments owned or operated by either tribe members or non-Indians and located on Indian reservations. Any license issued counts toward the local quota. 75 Atty. Gen. 123. 125.01 AnnotationIndian tribes are within the coverage of this chapter; any license issued to a tribe counts toward the local quota. 76 Atty. Gen. 80. 125.015125.015 Severability. If any provision or clause of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. 125.015 HistoryHistory: 2007 a. 20. 125.015 AnnotationInterpreting s. 990.001 (11), an unconstitutional clause was found severable. Wisconsin Wine & Spirit Institute v. Ley, 141 Wis. 2d 958, 416 N.W.2d 914 (Ct. App. 1987). 125.02125.02 Definitions. Except as otherwise provided, in this chapter: 125.02(1)(1) “Alcohol beverages” means fermented malt beverages and intoxicating liquor. 125.02(1c)(1c) “Alcohol vapor device” means any device that provides for the use of air or oxygen bubbled through an alcohol beverage to produce a vapor or mist that allows the user to inhale this alcoholic vapor through the mouth or nose. 125.02(1g)(1g) “Axe throwing facility” means an establishment that provides customers with a venue to engage in the activity of axe throwing and that either derives at least 51 percent of its revenue from fees associated with axe throwing or maintains at the venue at least 5 axe throwing lanes. 125.02(2)(2) “Brewer” means any person who manufactures fermented malt beverages for sale or transportation, except that “brewer” does not include a permittee under s. 125.295. 125.02(2d)(2d) “Brewer group” means a brewer, including all premises for which the brewer holds a permit issued under s. 125.29, together with all of the following: 125.02(2d)(a)(a) All brewers that share membership with the brewer in a controlled group of brewers, as determined under 26 USC 5051 (a) (2) (B). 125.02(2p)(2p) “Brewpub group” means a brewpub, including all premises for which the brewpub holds a permit issued under s. 125.295, together with all of the following: 125.02(2p)(a)(a) All brewpubs that share membership with the brewpub in a controlled group of brewpubs, as determined under 26 USC 5051 (a) (2) (B). 125.02(2t)(2t) “Brewpub premises” means any premises covered by a permit issued under s. 125.295. 125.02(3)(3) “Brewery premises” means all land and buildings used in the manufacture or sale of fermented malt beverages at a brewer’s principal place of business. 125.02(3r)(3r) “Caterer” means any person holding a license under s. 97.30 for a restaurant who is in the business of preparing food and transporting it for consumption on premises where gatherings, meetings, or events are held, if the sale of food at each gathering, meeting, or event accounts for greater than 50 percent of the gross receipts of all of the food and beverages served at the gathering, meeting, or event. 125.02(3u)(3u) “Chamber of commerce” means a local chamber of commerce organized under ch. 181 or a similar civic or trade organization organized under ch. 181 to promote economic growth and opportunity within a local geographical area. 125.02(4)(4) “Club” means an organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain and which only sells alcohol beverages incidental to its operation. 125.02(5)(5) “Department” means the department of revenue.
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Chs. 125-139, Regulation of Trade
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