Effective date note NOTE: Subd. 1. j. is created eff. 1-1-26 by 2023 Wis. Act 73.
125.28(2)(b)2. 2. Subject to s. 125.20 (6), a person who has an interest in a person holding one or more of the licenses or permits listed in subd. 1.
Effective date note NOTE: Subd. 2. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text 2. Except as provided in s. 125.33 (2m), a person who has a direct or indirect ownership interest in a premises operating under one or more of the licenses or permits listed in subd. 1. a. to f.
125.28(2)(d) (d) Notwithstanding par. (b) 1. f. and 2., a wholesaler may not hold any ownership interest in any brewer, except a wholesaler that holds an ownership interest in a brewer on July 1, 2011, may continue to hold that interest.
125.28(2)(e)1.1. Any person holding an unexpired wholesaler's license issued under s. 125.28, 2009 stats., prior to January 1, 2012, shall be treated as holding a valid wholesaler's permit under this section until January 1, 2013. On January 1, 2013, all wholesaler's licenses issued under s. 125.28, 2009 stats., shall be void.
125.28(2)(e)2. 2. After January 1, 2012, the department shall issue to each person holding an unexpired wholesaler's license issued under s. 125.28, 2009 stats., a wholesaler's permit if the person does not hold a license or permit prohibited under par. (b). The issuance of a wholesaler's permit by the department to any person shall invalidate any previous wholesaler's license issued under s. 125.28, 2009 stats., to the person.
Effective date note NOTE: Par. (e) is repealed eff. 5-1-24 by 2023 Wis. Act 73.
125.28(3) (3)Wholesalers' permits shall particularly describe the premises for which issued and are not transferable, except as provided in s. 125.04 (12). A wholesaler's permit is subject to revocation for violation of any of the terms or provisions thereof.
125.28(4) (4)The amount of the permit fee shall be established by the division and shall be an amount that is sufficient to fund one special agent position dedicated to alcohol and tobacco enforcement in the division, but the permit fee may not exceed $2,500 per year or fractional part thereof. All permit fees received under this subsection shall be credited to the appropriation account under s. 20.566 (1) (hd).
Effective date note NOTE: Sub. (4) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (4) The amount of the permit fee shall be established by the department and shall be an amount that is sufficient to fund one special agent position dedicated to alcohol and tobacco enforcement at the department, but the permit fee may not exceed $2,500 per year or fractional part thereof. All permit fees received under this subsection shall be credited to the appropriation account under s. 20.566 (1) (hd).
125.28(5) (5)
125.28(5)(a)(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.
125.28(5)(b) (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 an interest in each other or in the wholesaler. The division may not issue a permit under this section unless the applicant represents to the division 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.
Effective date note NOTE: Par. (b) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (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.
125.28(5)(c) (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.
125.28(5)(d)1.1. 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.
125.28(5)(d)2. 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.
125.28(5)(d)3. 3. This paragraph shall not affect the authority of any municipality or the division to revoke, suspend, or refuse to renew or issue a license or permit under s. 125.12.
Effective date note NOTE: Subd. 3. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text 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.
125.28(5)(e) (e) The division shall promulgate rules to administer and enforce the requirements under this subsection. The rules shall ensure coordination between the division'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 division personnel generally familiar with activities of fermented malt beverages wholesalers. The division 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 division of such warehouse facilities.
Effective date note NOTE: Par. (e) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (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.
125.29 125.29 Brewers.
125.29(1)(1)Permit. No person may operate as a brewer unless that person obtains a permit from the division. A permit under this section may only be issued to a person who holds a valid certificate issued under s. 73.03 (50).
Effective date note NOTE: Sub. (1) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (1) Permit. No person may operate as a brewer unless that person obtains a permit from the department. A permit under this section may only be issued to a person who holds a valid certificate issued under s. 73.03 (50).
125.29(2) (2)Interest restrictions.
125.29(2)(a) (a) Subject to s. 125.20 (6), a brewer's permit may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:
125.29(2)(a)1. 1. A Class “A" license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).
125.29(2)(a)2. 2. A Class “B" license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).
125.29(2)(a)3. 3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).
125.29(2)(a)4. 4. Except as provided in par. (c), a wholesaler's permit issued under s. 125.28 or 125.54.
125.29(2)(a)5. 5. A brewpub permit issued under s. 125.295.
Effective date note NOTE: Par. (a) (intro.) and 1. to 5. are shown as affected eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 par. (a) reads:
Effective date text (a) 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.
125.29(2)(a)6. 6. A no-sale event venue permit under s. 125.24.
Effective date note NOTE: Subd. 6. is created eff. 1-1-26 by 2023 Wis. Act 73.
125.29(2)(b)1.1. Except as provided in subd. 2. or 3., no brewer may hold any ownership interest in any wholesaler.
Effective date note NOTE: Subd. 1. is repealed eff. 5-1-24 by 2023 Wis. Act 73.
125.29(2)(b)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.
Effective date note NOTE: Subd. 2. is repealed eff. 5-1-24 by 2023 Wis. Act 73.
125.29(2)(b)3. 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.
Effective date note NOTE: Subd. 3. is renumbered to par. (c) eff. 5-1-24 by 2023 Wis. Act 73.
125.29(2)(c) (c) 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.
Effective date note NOTE: Par. (c) is shown as renumbered from par. (b) 3. eff. 5-1-24 by 2023 Wis. Act 73.
125.29(3) (3)Authorized activities. The division shall issue brewer's permits to eligible applicants authorizing all of the following:
Effective date note NOTE: Sub. (3) (intro.) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (3) Authorized activities. The department shall issue brewer's permits to eligible applicants authorizing all of the following:
125.29(3)(a) (a) The manufacture of fermented malt beverages on the brewery premises.
125.29(3)(b) (b) The bottling, packaging, possession, and storage of fermented malt beverages on the brewery premises.
125.29(3)(c) (c) The transportation of fermented malt beverages between the brewery premises and any depot, warehouse, or full-service retail outlet maintained by the brewer, off-site retail outlet established by the brewer, or other premises for which the brewer holds a permit under this chapter.
Effective date note NOTE: Par. (c) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (c) The transportation of fermented malt beverages between the brewery premises and any depot or warehouse maintained by the brewer.
125.29(3)(d) (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.
125.29(3)(dm) (dm) The sale, shipment, transportation, and delivery of fermented malt beverages, in bulk or in any state of packaging, that have been manufactured by the brewer to another brewer holding a permit under this section, and the receipt of the fermented malt beverages by the other brewer.
Effective date note NOTE: Par. (dm) is created eff. 5-1-24 by 2023 Wis. Act 73.
125.29(3)(e) (e) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to sub. (7) (h), 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 an off-site retail outlet established by the brewer.
Effective date note NOTE: Par. (e) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (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.
125.29(3)(f) (f) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to sub. (7) (h), 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 an off-site retail outlet established by the brewer.
Effective date note NOTE: Par. (f) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (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.
125.29(3)(g) (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.
Effective date note NOTE: Par. (g) is repealed eff. 5-1-24 by 2023 Wis. Act 73.
125.29(3)(h) (h) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale of intoxicating liquor, for on-premises consumption by individuals at the brewery premises or an off-site retail outlet established by the brewer, if all of the following apply:
125.29(3)(h)1. 1. The brewer held, on June 1, 2011, a license or permit authorizing the retail sale of intoxicating liquor at the location.
125.29(3)(h)2. 2. The intoxicating liquor has been purchased by the brewer from a wholesaler holding a permit under s. 125.54.
125.29(3)(h)3. 3. The brewer is not eligible to make full-service retail sales under sub. (7) at the location.
Effective date note NOTE: Par. (h) is shown as affected eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (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.
125.29(3)(i) (i) The provision of free taste samples on the brewery premises, at an off-site retail outlet established by the brewer, or at the brewer's full-service retail outlet if the taste samples are of alcohol beverages the brewer is authorized to sell under pars. (e) and (f) or sub. (7) (c) or as authorized under s. 125.33 (12).
Effective date note NOTE: Par. (i) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (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).
125.29(3)(j) (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. A brewer may not make retail sales of fermented malt beverages at the state fair park unless the state fair park board has approved the brewer to make such sales.
125.29(3m) (3m)Sales to retailers.
125.29(3m)(a) (a) Except as provided in pars. (b) and (c), no brewer may sell fermented malt beverages to a retail licensee.
125.29(3m)(b) (b) A brewer that manufactures 300,000 or less barrels of fermented malt beverages in a calendar year from all locations may sell, ship, transport and deliver to retailers, from the brewery premises, fermented malt beverages, in original unopened packages or containers, that have been manufactured on the brewery premises, if the brewer complies with the requirements in ss. 125.33 and 125.34, as applicable, to the same extent as if the brewer were a wholesaler.
125.29(3m)(c) (c) 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 sale 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 sell or ship any brand of fermented malt beverages to retailers located in the wholesaler's designated sales territory.
125.29(5) (5)Brewpubs. No person holding a brewpub permit under s. 125.295 may register as a brewer under this section.
125.29(6) (6)Restaurants. A brewer may operate a restaurant on the brewery premises, at an off-site retail outlet established by the brewer, and at any full-service retail outlet under sub. (7). Unless engaged in retail sales under sub. (7), a brewer operating a restaurant may only sell alcohol beverages that have been manufactured under the brewer's own brewer's permit.
Effective date note NOTE: Sub. (6) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 93 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on April 4, 2024. Published and certified under s. 35.18. Changes effective after April 4, 2024, are designated by NOTES. (Published 4-4-24)