AB455,5,6 2125.015 Severability. If any provision or clause of this chapter or its
3application to any person or circumstance is held invalid, the invalidity shall not
4affect other provisions or applications of this chapter that can be given effect without
5the invalid provision or application, and to this end the provisions of this chapter are
6severable.

AB455,5,108 125.02 (2) "Brewer" means any person who manufactures fermented malt
9beverages for sale or transportation, except that "brewer" does not include a
10permittee under s. 125.295.

AB455,5,1513 125.02 (2d) (intro.) "Brewer group" means a brewer, including all premises for
14which the brewer holds a permit issued under s. 125.29, together with all of the
15following:

AB455,5,16 16(2h) "Brewpub" means a permittee under s. 125.295.

AB455,5,18 17(2p) "Brewpub group" means a brewpub, including all premises for which the
18brewpub holds a permit issued under s. 125.295, together with all of the following:

AB455,6,2

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1(a) All brewpubs that share membership with the brewpub in a controlled
2group of brewpubs, as determined under 26 USC 5051 (a) (2) (B).

AB455,6,43(b) All brewpubs considered with the brewpub as one taxpayer under 27 CFR
425.111b (b).

AB455,6,55 (c) All franchisees, as defined in s. 553.03 (5), of the brewpub.

AB455,6,76 (d) All franchisees, as defined in s. 553.03 (5), of the brewpub's franchisor, as
7defined in s. 553.03 (6).

AB455,6,88 (e) The franchisor, as defined in s. 553.03 (6), of the brewpub.

AB455,6,10 9(2t) "Brewpub premises" means any premises covered by a permit issued under
10s. 125.295.

AB455,6,1412 125.02 (21) "Wholesaler" means a person, other than a brewer, brewpub,
13manufacturer, or rectifier, who sells alcohol beverages to a licensed retailer or to
14another person who holds a permit or license to sell alcohol beverages at wholesale.

AB455,6,2016 125.04 (9) Separate license or permit required. Except as provided under ss.
17125.27 (2) (a) and 125.51 (5) (c) 1., wholesalers, manufacturers, rectifiers, brewers,
18brewpubs, and retailers shall have a separate permit or license covering each
19location or premises, except a licensed public warehouse, from which deliveries and
20sales of alcohol beverages are made or at which alcohol beverages are stored.

AB455,6,2222 125.07 (4) (bm) 1. A brewer or brewpub.

AB455,7,524 125.10 (4) Regulation of closed retail premises. A municipality may not
25prohibit the permittee, licensee, employees, salespersons, employees of wholesalers

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1licensed under s. 125.28 (1) or 125.54 (1); employees of permittees under s. 125.295
2with respect to the permittee's own retail premises; or service personnel from being
3present on premises operated under a Class "A", "Class A" or "Class C" license or
4under a Class "B" or "Class B" license or permit during hours when the premises are
5not open for business if those persons are performing job-related activities.

AB455,7,107 125.25 (2) (b) 5. A Class "A" license may not be issued to a person holding a
8brewpub permit issued under s. 125.295 or to a person who has a direct or indirect
9ownership interest in a premises operating under a brewpub permit issued under s.
10125.295.

AB455,7,1312 125.26 (2) (b) 1. Except as provided in s. ss. 125.295 and 125.31, Class "B"
13licenses may not be issued to brewers or brewpubs.

AB455,7,1515 125.28 (2) (b) 1. e. A brewpub permit issued under s. 125.295.

AB455,7,1917 125.28 (2) (b) 2. A person who has a direct or indirect ownership interest in a
18premises operating under one or more of the licenses or permits listed in subd. 1. a.
19to d. e.

AB455,7,2221 125.29 (5) Brewpubs. No person holding a brewpub permit under s. 125.295
22may register as a brewer under this section.

AB455,7,25 23(6) Restaurants. No person issued a permit under this section after the
24effective date of this subsection .... [revisor inserts date], may hold a restaurant
25permit issued under s. 254.64.

AB455,8,3 2125.295 Brewpub permits. (1) The department shall issue brewpub permits
3to eligible applicants authorizing all of the following:

AB455,8,74 (a) The manufacture of fermented malt beverages on the brewpub premises if
5the entire manufacturing process occurs on these premises and not more than 10,000
6barrels of fermented malt beverages are manufactured in a calendar year by the
7permittee's brewpub group.

AB455,8,98 (b) The bottling on brewpub premises of fermented malt beverages that have
9been manufactured on these premises.

AB455,8,1210 (c) The packaging in refillable containers exceeding 24 ounces in volume, at the
11request of a customer and on brewpub premises, of fermented malt beverages that
12have been manufactured on these premises.

AB455,8,1413 (d) The possession and storage of any fermented malt beverages on brewpub
14premises.

AB455,8,1715 (e) The transportation of fermented malt beverages that have been
16manufactured on the brewpub premises between these premises and any other
17brewpub premises or Class "B" premises of the brewpub group.

AB455,8,2118 (f) Subject to s. 125.34 (3) and (4), the sale at wholesale, shipment,
19transportation, and delivery, in original unopened packages or containers, to
20wholesalers, from the brewpub premises, of fermented malt beverages that have
21been manufactured on these premises or on other brewpub premises of the brewpub.

AB455,9,922 (g) The sale at wholesale, shipment, transportation, and delivery, in original
23unopened packages or containers, to retailers, from the brewpub premises, of
24fermented malt beverages that have been manufactured on these premises or on
25other brewpub premises of the brewpub. A brewpub's brewpub group may not sell,

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1ship, transport, or deliver more than a total of 1,000 barrels of fermented malt
2beverages in any calendar year to retailers under this paragraph. Fermented malt
3beverages provided by a brewpub to any retail premises for which the brewpub group
4holds a retail license shall not be included in any calculation of the 1,000 barrel
5limitation under this paragraph. Deliveries and shipments of fermented malt
6beverages by a brewpub under this paragraph shall be made to retailers only at their
7retail premises. Any retailer receiving such a delivery or shipment is subject to the
8prohibition under s. 125.34 (5) against further transporting the delivery or shipment
9to any other retail premises.

AB455,9,1210 (h) The sale of alcohol beverages at retail on the brewpub premises in
11accordance with the terms of any retail license specified in subs. (2) (a) 4. and (3) (b)
12and (c).

AB455,9,1613 (i) Notwithstanding s. 125.33 (1), the ownership, maintenance, and operation
14of places for the sale of fermented malt beverages at the state fair park or on any
15county fairgrounds located in this state if the fermented malt beverages have been
16manufactured by the brewpub.

AB455,9,18 17(2) (a) An applicant is eligible for a brewpub permit only if all of the following
18apply:

AB455,9,2019 1. The applicant's brewpub group manufactures a total of not more than 10,000
20barrels of fermented malt beverages in a calendar year.

AB455,9,2221 2. The applicant's entire process for manufacturing fermented malt beverages
22under the permit occurs on the premises for which the permit is issued.

AB455,9,2423 3. The applicant operates a restaurant on the premises for which the permit
24is issued, for which a restaurant permit is issued under s. 254.64 and in which the

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1sale of alcohol beverages accounts for less than 60 percent of the gross receipts of all
2of the food and beverages served in the restaurant on a calendar year basis.

AB455,10,63 4. The applicant holds a Class "B" license for the restaurant identified in subd.
43. and, on these Class "B" premises, offers for sale, in addition to fermented malt
5beverages manufactured by the applicant, fermented malt beverages manufactured
6by a brewer other than the applicant and its brewpub group.

AB455,10,77 5. The applicant holds a valid certificate issued under s. 73.03 (50).

AB455,10,108 6. Neither the applicant nor the applicant's brewpub group holds, or has a
9direct or indirect ownership interest in a premises operating under, any of the
10following:

AB455,10,1111 a. A Class "A" license issued under s. 125.25.

AB455,10,1312 b. Except as provided in subd. 4. and subs. (1) (h) and (3) (b), a Class "B" license
13issued under s. 125.26.

AB455,10,1414 c. A wholesaler's license issued under s. 125.28.

AB455,10,1515 d. A brewer's permit issued under s. 125.29.

AB455,10,1716 e. Except as provided in subs. (1) (h) and (3) (c), a "Class B" license or permit
17or "Class C" license issued under s. 125.51.

AB455,10,1818 f. An alcohol beverage warehouse permit issued under s. 125.19.

AB455,10,2519 (b) If an applicant under par. (a) has no current operations, the applicant may
20certify that the applicant has applied for or will apply for a Class "B" license or
21restaurant permit or will comply with any other requirement under par. (a), prior to
22or upon commencing operations authorized under this section. If a Class "B" license
23or restaurant permit is not subsequently issued to the applicant, or if the applicant
24otherwise fails to comply with any requirement for eligibility under par. (a), the
25department may revoke under s. 125.12 (5) the permit issued under this section.

AB455,11,9

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1(c) If an applicant under par. (a) holds any license or permit prohibited under
2par. (a) 6. at the time of its application, the applicant may certify that the applicant
3will surrender any such license or permit upon issuance of a permit under this
4section. If the department issues a permit under this section and the applicant fails
5to surrender any license or permit prohibited under par. (a) 6., the department may
6revoke under s. 125.12 (5) the permit issued under this section. An applicant is not
7required to surrender any Class "B" license issued under s. 125.31 (1) (a) 2. or under
8s. 125.31 (1) (a) 3., 2005 stats., if the applicant's continued possession of the license
9is consistent with subs. (1) (h), (2) (a) 4., and (3) (b) and (c).

AB455,11,11 10(3) (a) No brewpub group may hold more than 6 brewpub permits issued under
11this section.

AB455,11,1812 (b) A brewpub may not hold any Class "B" license other than one issued for a
13restaurant on the brewpub premises. Notwithstanding s. 125.26 (2) (a), each
14Class "B" license shall be issued for the brewpub's restaurant in the same name as
15the permittee under this section. Notwithstanding s. 125.33 (1), a brewpub may own
16the furniture, fixtures, fittings, furnishings, and equipment on the Class "B"
17premises and shall pay any license fee or tax required for the operation of the
18premises.

AB455,11,2119 (c) Subject to the requirements specified in s. 125.51 (3) and (3m), a brewpub
20may also hold "Class B" licenses and "Class C" licenses, but only for restaurants on
21brewpub premises.

AB455,11,23 22(4) The fee established by the department for a brewpub permit shall not
23exceed the fee established by the department for a permit under s. 125.29.

AB455,12,94 125.31 (1) (a) 2. Notwithstanding ss. 125.29 (2) and 125.33 (1), a brewer may
5maintain and operate one place on brewery premises and one place on real estate
6owned by the brewer or a subsidiary or affiliate corporation or limited liability
7company for the sale of fermented malt beverages for which a Class "B" license is
8required for each place, but, except as provided in subds. 3. and subd. 4., not more
9than 2 such Class "B" licenses shall be issued to any brewer.

AB455,12,1812 125.31 (1) (a) 4. Notwithstanding ss. 125.29 (2) and 125.33 (1), in addition to
13places authorized under subd. 2., a brewer may possess or hold an indirect interest
14in a Class "B" license for not more than 20 restaurants in each of which the sale of
15alcohol beverages accounts for less than 60% of the restaurant's gross receipts if no
16fermented malt beverages manufactured by the brewer are offered for sale in any of
17these restaurants. No brewer may possess Class "B" licenses under both this
18subdivision and subd. 3.

AB455,13,220 125.32 (5) Signs near taps and brands on tap; Class "B" premises. Every Class
21"B" licensee or permittee selling or offering for sale draught fermented malt
22beverages shall display a sign on or near each tap or faucet disclosing the brand of
23fermented malt beverage drawn from the tap or faucet and the name of its the brewer
24or brewpub that manufactured it. No Class "B" licensee or permittee may substitute

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1any other brand of fermented malt beverage in place of the brand designated on the
2sign with the intent to defraud or deceive the customer.

AB455,13,11 3(7) (a) No fermented malt beverages may be sold, offered , or exposed for sale,
4kept in possession with intent to sell, or served on any premises for which a license
5or permit for the sale of fermented malt beverages has been issued unless each
6barrel, keg, cask, bottle, or other container bears a label or other identification with
7the name and address of the brewer or brewpub that manufactured it. The
8possession of any fermented malt beverages which are not so identified on any
9premises for which a license or permit for the sale of fermented malt beverages has
10been issued is prima facie evidence that the fermented malt beverages are possessed
11with intent to sell, offer for sale, display for sale, or give away.

AB455,13,25 15125.33 (title) Restrictions on dealings between brewers, brewpubs,
16wholesalers, and retailers. (1) Furnishing things of value. (a) Except as
17provided in this section and s. ss. 125.295 and 125.31, no brewer, brewpub, or
18wholesaler may furnish, give, lend, lease, or sell any furniture, fixtures, fittings,
19equipment, money, or other thing of value to any campus or Class "B" licensee or
20permittee, or to any person for the use, benefit, or relief of any campus or Class "B"
21licensee or permittee, or guarantee the repayment of any loan or the fulfillment of
22any financial obligation of any campus or Class "B" licensee or permittee. Such
23actions may not be taken by the brewer, brewpub, or wholesaler directly or indirectly,
24or through a subsidiary or affiliate corporation or limited liability company, or by any
25officer, director, stockholder, partner, or member thereof.

AB455,14,7

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1(b) No brewer, brewpub, or wholesaler may enter into any agreement whereby
2any campus or Class "B" licensee or permittee is required to purchase the fermented
3malt beverages of any brewer or brewpub to the exclusion of those manufactured by
4other brewers or brewpubs. Such contracts may not be entered into by the brewer,
5brewpub, or wholesaler, directly or indirectly, or through a subsidiary or an affiliate
6corporation or limited liability company, or by any officer, director, stockholder,
7partner, or member thereof.

AB455,14,9 8(2) Exceptions. (intro.) Notwithstanding the prohibitions in sub. (1), a brewer,
9brewpub, or wholesaler may:

AB455,14,1810 (a) Give to any campus or Class "B" licensee or permittee, at any given time,
11for placement inside the premises, signs, clocks, or menu boards with an aggregate
12value of not more than $2,500. If a gift of any item would cause the $2,500 limit to
13be exceeded, the recipient shall pay the brewer, brewpub, or wholesaler the amount
14of the item's value in excess of $2,500. Each recipient shall keep an invoice or credit
15memo containing the name of the donor and the number and value of items received
16under this paragraph. The value of an item is its cost to the donor. Each recipient
17shall make the records kept under this paragraph available to the department for
18inspection upon request.

AB455,15,219 (d) Sell to a campus or Class "B" licensee or permittee at fair market value
20equipment designed and intended to preserve and maintain the sanitary dispensing
21of fermented malt beverages or any services necessary to maintain this kind of
22equipment. A brewer, brewpub, or wholesaler shall charge the same price per unit
23of equipment to each campus or Class "B" licensee or permittee making the same or
24a similar purchase, and shall charge the same rate to each campus or Class "B"
25licensee or permittee purchasing maintenance services under this subdivision. Each

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1brewer, brewpub, or wholesaler shall keep records of each transaction under this
2subdivision and shall make the records available to the department upon request.

AB455,15,103 (j) Contribute money or other items of value to, or purchase advertising from,
4an institution of higher education which is exempt under section 501 (c) (3) of the
5internal revenue code, as defined in s. 71.22 (4), if the contribution or purchase is for
6a purpose other than the use, benefit, or relief of premises or operations for the sale
7of fermented malt beverages and is not contingent either upon the use of the product
8of the brewer, brewpub, or wholesaler by the institution or upon an agreement by the
9institution wholly or partly to exclude from sale the products of a competing brewer,
10brewpub, or wholesaler.

AB455,15,1611 (k) Contribute money or other items of value, or purchase advertising from, a
12campus if the contribution or purchase is for a purpose other than the use, benefit,
13or relief of premises or operations for the sale of fermented malt beverages and is not
14contingent either upon the use of the product of the brewer, brewpub, or wholesaler
15by the campus or upon an agreement by the campus partly or wholly to exclude from
16sale the products of a competing brewer, brewpub, or wholesaler.

AB455,15,2517 (L) 2. Purchase advertising from a person who does not hold a license under this
18chapter and who conducts national or regional sweepstakes, contests, or promotions
19on the premises of Class "B" licensees or permittees that sell the brewer's, brewpub's,
20or wholesaler's products. The person may promote an event or activity in connection
21with a sweepstakes, contest, or promotion, including promoting the location of the
22event or activity, if the Class "B" licensee or permittee on whose premises the event
23or activity will occur does not receive money for hosting the event or activity and,
24except as provided in subd. 4., if the advertising for the event or activity identifies
25at least 4 unaffiliated Class "B" licensees or permittees.

AB455,16,8

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13. Conduct national or regional sweepstakes, contests, or promotions on the
2premises of Class "B" licensees or permittees that sell the brewer's , brewpub's, or
3wholesaler's products. The brewer, brewpub, or wholesaler may promote an event
4or activity in connection with a sweepstakes, contest, or promotion, including
5promoting the location of the event or activity, if the Class "B" licensee or permittee
6on whose premises the event or activity will occur does not receive money for hosting
7the event or activity and, except as provided in subd. 4., if the advertising for the
8event or activity identifies at least 4 unaffiliated Class "B" licensees or permittees.

AB455,16,129 4. A brewer that manufactures less than 30,000 barrels of fermented malt
10beverages annually, or a brewpub, may purchase advertising under subd. 2, and may
11promote sweepstakes, contests, or promotions through advertising under subd. 3.,
12if the advertising identifies at least one Class "B" licensee or permittee.

AB455,16,1713 (n) 2. Notwithstanding subd. 1., no brewer, brewpub, or wholesaler may
14provide business entertainment to a Class "B" licensee or permittee under subd. 1.
15in one day that has a value exceeding $500, and no brewer, brewpub, or wholesaler
16may provide business entertainment to a Class "B" licensee or permittee under subd.
171. on more than 8 days in any calendar year.

AB455,16,2518 (p) 1. Have present not more than 3 individuals representing the brewer or
19brewpub at a fermented malt beverages tasting event that lasts 2 days or less and
20at which taste samples of fermented malt beverages brewed or sold by at least 5
21different brewers or brewpubs are offered for consumption by persons who either pay
22for the taste samples or pay a charge for admission to the event. Any individual
23representing a brewer or brewpub shall confine his or her activities on the premises
24to ensuring the integrity of, providing information about, and dispensing the
25brewer's or brewpub's fermented malt beverages.

AB455,17,4

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1(2s) Exception for retail trade association contributions. Notwithstanding
2the prohibitions in sub. (1), a brewer, brewpub, or wholesaler may contribute money
3or other things of value to a bona fide national, statewide, or local trade association
4that derives its principal income from membership dues of Class "B" licensees.

AB455,17,10 5(6) Volume discounts to retailers. Wholesalers of fermented malt beverages,
6and brewpubs with respect to sales of fermented malt beverages authorized under
7s. 125.295 (1) (g), shall charge the same price to all campuses and retail licensees and
8permittees making purchases in similar quantities. Any discount offered on
9fermented malt beverages shall be delivered to the retailer in a single transaction
10and single delivery, and on a single invoice.

AB455,17,13 11(7) (a) 1. a. Receive, purchase, or acquire fermented malt beverages from any
12licensee, or from any brewpub acting under authority of s. 125.295 (1) (g), except for
13cash or credit for a period of not more than 15 days.