LRB-2354/1
ARG:kjf:pg
2007 - 2008 LEGISLATURE
February 8, 2008 - Introduced by Representatives Newcomer, Pocan, Berceau,
Hahn, Montgomery, Mursau, Suder and Turner, cosponsored by Senators
Risser, Grothman and Kedzie. Referred to Committee on State Affairs.
AB774,1,6
1An Act to renumber 125.035 (2);
to amend 20.566 (1) (ha), 125.035 (4) (a),
2125.07 (3) (title) and (a) (intro.) and 1., 125.07 (4) (a) 2. and 3. and 139.04 (1);
3and
to create 125.035 (2) (b), 125.297, 125.537 and 139.04 (10) of the statutes;
4relating to: creating brew-on-premises and winemaking-on-premises
5permits for the making of fermented malt beverages and wine, creating an
6occupational tax exemption, and making an appropriation.
Analysis by the Legislative Reference Bureau
Current law prohibits any person from brewing fermented malt beverages
(beer) for sale or transport, and from possessing and storing beer on the premises
where brewed, unless that person holds a brewer's permit issued by the Department
of Revenue (DOR). Current law also prohibits any person from manufacturing or
rectifying wine and selling it unless the person has a manufacturer's, rectifier's, or
winery permit. However, no permit is required for a person to brew beer or
manufacture wine at home for personal consumption if the person receives no
compensation. Also under current law, no person in charge of a public place may
allow the consumption of beer or wine on the premises unless that person holds a
retail license or permit authorizing the consumption.
This bill creates brew-on-premises and winemaking-on-premises permits
that authorize the permittee to furnish ingredients, equipment, supplies, advice, and
assistance for use on the permittee's premises by a person of legal drinking age to,
respectively, make beer or wine for personal or family use. The bill limits the volume
of beer or wine that any person may make in a year, prohibits the sale of such beer
or wine, and allows beer or wine made on these premises to be consumed on these
premises. The bill also exempts beer or wine made on the permittee's premises from
the state occupational tax. DOR must charge a $200 biennial fee for
brew-on-premises and winemaking-on-premises permits.
Under current law, with certain exceptions, a person who has not attained the
legal drinking age of 21 years (underage person), and who is not accompanied by his
or her parent, guardian, or spouse who has attained the legal drinking age, may not
knowingly possess or consume alcohol beverages and may not enter or be on any
premises for which a license or permit for the retail sale of alcohol beverages has been
issued. This bill extends these prohibitions to any premises for which a
brew-on-premises or winemaking-on-premises permit has been issued.
Also under current law, with certain exceptions, a person is immune from civil
liability arising from the act of procuring alcohol beverages for or selling, dispensing,
or giving away alcohol beverages to another person. The bill grants civil immunity
to a permittee for liability for any injury or property damage caused by a person who
consumes beer or wine on the premises where made. This civil immunity does not
apply to a person who knowingly allows the consumption of beer or wine on premises
under that person's control by a person who has not attained the legal drinking age.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB774, s. 1
1Section
1. 20.566 (1) (ha) of the statutes is amended to read:
AB774,3,32
20.566
(1) (ha)
Administration of liquor tax and alcohol beverages enforcement. 3The amounts in the schedule for computer, audit, and enforcement costs incurred in
4administering the tax under s. 139.03 (2m) and for costs incurred in enforcing the
53-tier system for alcohol beverages production, distribution, and sale under ch. 125.
6All moneys received from the administration fee under s. 139.06 (1) (a)
and the
7permit fees under ss. 125.297 (1) and 125.537 (1) shall be credited to this
8appropriation. Notwithstanding s. 20.001 (3) (a), at the end of each fiscal year, the
1unencumbered balance of this appropriation account, minus an amount equal to 10%
2of the sum of the amounts expended and the amounts encumbered from the account
3during the fiscal year, shall lapse to the general fund.
AB774, s. 2
4Section
2. 125.035 (2) of the statutes is renumbered 125.035 (2) (a).
AB774, s. 3
5Section
3. 125.035 (2) (b) of the statutes is created to read:
AB774,3,96
125.035
(2) (b) A person holding a permit issued under s. 125.297 or 125.537,
7and any agent or employee of such a permittee, is immune from civil liability arising
8out of the consumption of, respectively, fermented malt beverages or wine by another
9person on premises covered by the permit.
AB774, s. 4
10Section
4. 125.035 (4) (a) of the statutes is amended to read:
AB774,3,1611
125.035
(4) (a) In this subsection, "provider" means a person, including a
12licensee or permittee, who procures alcohol beverages for or sells, dispenses
, or gives
13away alcohol beverages to an underage person in violation of s. 125.07 (1) (a)
, or who
14allows the consumption of alcohol beverages by an underage person in violation of
15s. 125.07 (1) (a) 3. on premises that are covered by a permit issued under s. 125.297
16or 125.537 and that are under that person's control.
AB774, s. 5
17Section
5. 125.07 (3) (title) and (a) (intro.) and 1. of the statutes are amended
18to read:
AB774,4,419
125.07
(3) (title)
Presence in places of sale and certain other places; penalty. 20(a)
Restrictions. (intro.) An underage person not accompanied by his or her parent,
21guardian
, or spouse who has attained the legal drinking age may not enter,
22knowingly attempt to enter
, or be on any premises for which a license or permit for
23the retail sale of alcohol beverages has been issued
or for which a permit has been
24issued under s. 125.297 or 125.537, for any purpose except the transaction of
25business pertaining to the
licensed premises
covered by the license or permit with
1or for the licensee
or permittee or his or her employee. The business may not be
2amusement or the purchase, receiving
, or consumption of edibles or beverages or
3similar activities which normally constitute activities of a customer of the premises.
4This paragraph does not apply to:
AB774,4,75
1. An underage person who is a resident, employee, lodger
, or boarder on the
6premises controlled by the proprietor, licensee
, or permittee of which the
licensed 7premises
covered by the license or permit consists or is a part.
AB774, s. 6
8Section
6. 125.07 (4) (a) 2. and 3. of the statutes are amended to read:
AB774,4,119
125.07
(4) (a) 2. Unless accompanied by a parent, guardian
, or spouse who has
10attained the legal drinking age, possesses or consumes alcohol beverages on licensed
11premises
or premises for which a permit is issued under s. 125.297 or 125.537.
AB774,4,1312
3. Enters, knowingly attempts to enter
, or is on licensed premises
, or premises
13for which a permit is issued under s. 125.297 or 125.537, in violation of sub. (3) (a).
AB774, s. 7
14Section
7. 125.297 of the statutes is created to read:
AB774,4,24
15125.297 Brew-on-premises permits. (1) The department shall issue
16brew-on-premises permits that authorize the permittee to provide resources and
17assistance, as specified in sub. (2), to persons who have attained the legal drinking
18age for their use in making on the premises fermented malt beverages for personal
19or family use. A brew-on-premises permit may be issued only to a person who holds
20a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5),
21except a person acting as an agent for or in the employ of another. The department
22shall charge a $200 biennial fee for each permit issued under this subsection. All fees
23collected under this subsection shall be credited to the appropriation account under
24s. 20.566 (1) (ha).
AB774,5,2
1(2) A permit under sub. (1) authorizes the permittee to provide all of the
2following on the premises covered by the permit:
AB774,5,33
(a) Space for making and bottling fermented malt beverages.
AB774,5,54
(b) Equipment, ingredients, and supplies, including unfermented wort, for
5making and bottling fermented malt beverages.
AB774,5,66
(c) Advice and expertise for making and bottling fermented malt beverages.
AB774,5,87
(d) Other assistance related to making and bottling fermented malt beverages,
8including any of the following:
AB774,5,99
1. Moving containers of fermented malt beverages to or between storage areas.
AB774,5,1010
2. Cleaning, maintaining, and repairing equipment.
AB774,5,1111
3. Providing climate and temperature control facilities.
AB774,5,1312
4. Disposing of spent grains and waste products resulting from making or
13bottling fermented malt beverages.
AB774,5,1514
5. Providing quality control services, such as laboratory analysis and quality
15control tasting of fermented malt beverages.
AB774,5,21
16(3) No person may make more than 100 gallons or, if 2 or more persons of legal
17drinking age reside in that person's household, 200 gallons of fermented malt
18beverages in any calendar year on premises covered by a permit issued under this
19section. No person may sell, or offer for sale, fermented malt beverages made on
20premises covered by a permit issued under this section, but a person may enter such
21fermented malt beverages in exhibits or competitions.
AB774,5,25
22(4) Notwithstanding s. 125.09 (1), a person in charge of premises covered by
23a permit issued under this section may allow a person who has attained the legal
24drinking age to consume fermented malt beverages on the premises if the fermented
25malt beverages were made on the premises.
AB774, s. 8
1Section
8. 125.537 of the statutes is created to read:
AB774,6,11
2125.537 Winemaking-on-premises permits.
(1) The department shall
3issue winemaking-on-premises permits that authorize the permittee to provide
4resources and assistance, as specified in sub. (2), to persons who have attained the
5legal drinking age for their use in making on the premises wine for personal or family
6use. A winemaking-on-premises permit may be issued only to a person who holds
7a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5),
8except a person acting as an agent for or in the employ of another. The department
9shall charge a $200 biennial fee for each permit issued under this subsection. All fees
10collected under this subsection shall be credited to the appropriation account under
11s. 20.566 (1) (ha).
AB774,6,13
12(2) A permit under sub. (1) authorizes the permittee to provide all of the
13following on the premises covered by the permit:
AB774,6,1414
(a) Space for making and bottling wine.
AB774,6,1515
(b) Equipment, ingredients, and supplies for making and bottling wine.
AB774,6,1616
(c) Advice and expertise for making and bottling wine.
AB774,6,1817
(d) Other assistance related to making and bottling wine, including any of the
18following:
AB774,6,1919
1. Moving containers of wine to or between storage areas.
