125.27(5)(f) (f) The division shall establish a fee for a permit issued under this subsection in the amount of 50 percent of the fee for a permit issued under sub. (1).
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) The department shall establish a fee for a permit issued under this subsection in the amount of 50 percent of the fee for a permit issued under sub. (1).
125.27(6) (6) Permits for state fair park.
125.27(6)(a) (a) The state fair park board may issue Class “B" permits for locations at the state fair park to any person who holds a valid certificate issued under s. 73.03 (50), meets the qualifications under s. 125.04 (5) (a), (b), and (c), and, if applicable, satisfies the requirements under s. 125.04 (6). The state fair park board may use the application forms under s. 125.04 (3) (b) and (d) 1. or may prepare its own application forms with application information tailored to the permits under this subsection. The state fair park board's notice of meeting under s. 19.84 for a meeting at which a permit application will be considered shall be given at least 15 days prior to the meeting.
125.27(6)(b) (b) A permit issued under this subsection authorizes the retail sale of fermented malt beverages on the premises covered by the permit, for consumption anywhere at the state fair park.
125.27(6)(c) (c) A permit issued under this subsection may describe as premises under the permit multiple locations at the state fair park.
125.27(6)(d) (d) A person holding a permit under this subsection is subject to any requirements or conditions imposed upon the person by the state fair park board in the permit or under a lease or vendor agreement. This agreement may require the person to remit to the state fair park board a percentage of gross sales of alcohol beverages as specified in the agreement.
125.27(6)(e) (e) Persons holding a permit under this subsection may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.
125.27(6)(f) (f) Sections 125.04 (3) (e), (f), and (g), (8), and (12), 125.045, 125.10, 125.12, and 125.185 do not apply with respect to a permit issued under this subsection.
125.27(6)(g) (g) A permit issued under this subsection shall be valid for one year and expire on June 30. The state fair park board shall establish an annual fee for a permit issued under this subsection in the amount of 50 percent of the annual fee for a permit issued under sub. (1). All fees received under this paragraph shall be credited to the appropriation account under s. 20.190 (1) (h).
125.27(6)(h)1.1. The state fair park board shall establish standards, consistent with par. (a), and procedures for renewal of a permit issued under this subsection.
125.27(6)(h)2. 2. The state fair park board shall establish standards and procedures for suspension, revocation, or refusal to renew a permit issued under this subsection. A suspension, revocation, or refusal to renew a permit under this subsection is a contested case under ch. 227.
125.27(6)(i) (i) Except as otherwise provided in this subsection, all sections of this chapter relating to Class “B" licenses apply to Class “B" permits issued under this subsection.
125.27(6)(j) (j) The state fair park board shall have the enforcement powers of s. 42.01 over a permittee under this subsection.
125.27(6)(k) (k) A municipality may not issue a Class “B” license for premises within the state fair park. Except as provided in ss. 125.29 (3) (j) and 125.295 (1) (i), no person may sell fermented malt beverages at retail at the state fair park unless the person holds a permit issued under this subsection, and no brewer, brewpub, or wholesaler may sell fermented malt beverages to a person for resale at the state fair park unless the person holds a permit issued under this subsection.
125.27(7) (7) Interest restrictions. Subject to s. 125.20 (6), a Class “B" permit may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:
125.27(7)(a) (a) A wholesaler's permit issued under s. 125.28 or 125.54.
125.27(7)(b) (b) A brewer's permit issued under s. 125.29.
125.27(7)(c) (c) A brewpub permit issued under s. 125.295.
125.27(7)(d) (d) A winery permit issued under s. 125.53.
125.27(7)(e) (e) A manufacturer's or rectifier's permit issued under s. 125.52.
125.27(7)(f) (f) An out-of-state shipper's permit issued under s. 125.30 or 125.58.
Effective date note NOTE: Sub. (7) is created eff. 5-1-24 by 2023 Wis. Act 73.
125.272 125.272 Face-to-face retail sales. Except as provided in ss. 125.26 (2m), (2s), and (2x) and 125.27 (4) and except with respect to caterers, a retail license issued under s. 125.25 or 125.26, and a retail permit issued under s. 125.27, authorizes only face-to-face sales to consumers at the premises described in the retail license or permit.
125.272 History History: 2007 a. 85; 2017 a. 95.
125.275 125.275 Industrial fermented malt beverages permit.
125.275(1)(1)The division may issue an industrial fermented malt beverages permit which authorizes the permittee to purchase and use fermented malt beverages for industrial purposes only. Such permits may be issued only to persons who prove to the division that they use alcohol for industrial purposes and 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) The department may issue an industrial fermented malt beverages permit which authorizes the permittee to purchase and use fermented malt beverages for industrial purposes only. Such permits may be issued only to persons who prove to the department that they use alcohol for industrial purposes and who holds a valid certificate issued under s. 73.03 (50).
125.275(2) (2)
125.275(2)(a)(a) Industrial fermented malt beverages permits may be issued to any person qualified under s. 125.04 (5), except a person acting as agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section.
125.275(2)(b) (b) An industrial fermented malt beverages permit may not be issued to a person holding a wholesaler's permit issued under s. 125.28 or to a person who has an interest in a permittee under s. 125.28.
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) An industrial fermented malt beverages permit may not be issued to a person holding a wholesaler's permit issued under s. 125.28 or to a person who has a direct or indirect ownership interest in a premises operating under a wholesaler's permit issued under s. 125.28.
125.275(3) (3)Shipments of industrial fermented malt beverages shall be conspicuously labeled “for industrial purposes" and shall meet other requirements which the division prescribes by rule.
Effective date note NOTE: Sub. (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) Shipments of industrial fermented malt beverages shall be conspicuously labeled “for industrial purposes" and shall meet other requirements which the department prescribes by rule.
125.28 125.28 Wholesalers' permits.
125.28(1)(1)
125.28(1)(a) (a) Subject to par. (b), the division may issue permits to wholesalers for the sale of fermented malt beverages from premises within this state, which premises shall comply with the requirements under s. 125.34 (2). Subject to s. 125.34, and except as provided in pars. (e) and (f), a wholesaler's permit authorizes sales of fermented malt beverages only in original packages or containers to retailers or wholesalers.
Effective date note NOTE: Par. (a) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (a) Subject to par. (b), the department may issue permits to wholesalers for the sale of fermented malt beverages from premises within this state, which premises shall comply with the requirements under s. 125.34 (2). Subject to s. 125.34, and except as provided in pars. (e) and (f), a wholesaler's permit authorizes sales of fermented malt beverages only in original packages or containers to retailers or wholesalers.
125.28(1)(b) (b) If a wholesaler does not maintain any warehouse in this state but is licensed and maintains a warehouse in an adjoining state that allows wholesalers holding a wholesaler's permit in this state to deliver fermented malt beverages to retailers in the adjoining state without warehousing in that state and that further requires that all fermented malt beverages be first unloaded and physically at rest at, and distributed from, the warehouse of the licensed wholesaler in that state, the wholesaler's permit shall be issued by the division. Notwithstanding s. 125.04 (5) (a) 2. and (c) and (6), the division may issue the wholesaler's permit to a wholesaler described in this paragraph who is a natural person and not a resident of this state or that is a corporation or limited liability company and has not appointed an agent in this state.
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) If a wholesaler does not maintain any warehouse in this state but is licensed and maintains a warehouse in an adjoining state that allows wholesalers holding a wholesaler's permit in this state to deliver fermented malt beverages to retailers in the adjoining state without warehousing in that state and that further requires that all fermented malt beverages be first unloaded and physically at rest at, and distributed from, the warehouse of the licensed wholesaler in that state, the wholesaler's permit shall be issued by the department. Notwithstanding s. 125.04 (5) (a) 2. and (c) and (6), the department may issue the wholesaler's permit to a wholesaler described in this paragraph who is a natural person and not a resident of this state or that is a corporation or limited liability company and has not appointed an agent in this state.
125.28(1)(c) (c) No additional license or permit is required for the solicitation of orders for sale to or by wholesalers holding a permit under this section.
125.28(1)(d) (d) Wholesalers holding a permit under this section, employees of such wholesalers, and individuals representing such wholesalers may not provide or participate in providing taste samples under ss. 125.25 (1) and 125.33 (12).
125.28(1)(e) (e) Notwithstanding ss. 125.04 (9) and 125.09 (1), if a wholesaler was issued a retail license prior to January 1, 2011, then the wholesaler may, under its wholesaler's permit, continue to sell at retail fermented malt beverages to individuals as was permitted under the previously issued retail license.
125.28(1)(f) (f) A wholesaler's permit authorizes the wholesaler to sell or give fermented malt beverages to its employees. Fermented malt beverages may be consumed on a wholesaler's premises at events not open to the general public.
125.28(2) (2)
125.28(2)(a)(a) A wholesaler's permit may be issued to any person qualified under s. 125.04 (5) except a person acting as an agent for, or in the employ of, another person. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section.
125.28(2)(b) (b) Subject to s. 125.20 (6), a wholesaler's permit may not be issued to any of the following:
Effective date note NOTE: Par. (b) (intro.) 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's permit may not be issued to any of the following:
125.28(2)(b)1. 1. A person holding one or more of the following licenses or permits:
125.28(2)(b)1.a. a. A Class “A" license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).
Effective date note NOTE: Subd. 1. a. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
125.28 Note a. A Class “A" license issued under s. 125.25.
125.28(2)(b)1.b. b. 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).
Effective date note NOTE: Subd. 1. b. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
125.28 Note b. A Class “B" license issued under s. 125.26.
125.28(2)(b)1.c. c. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).
Effective date note NOTE: Subd. 1. c. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
125.28 Note c. A Class “B" permit issued under s. 125.27.
125.28(2)(b)1.d. d. An industrial fermented malt beverages permit issued under s. 125.275.
125.28(2)(b)1.e. e. A brewpub permit issued under s. 125.295.
125.28(2)(b)1.f. f. A brewer's permit issued under s. 125.29.
125.28(2)(b)1.g. g. A winery permit issued under s. 125.53.
Effective date note NOTE: Subd. 1. g. is created eff. 5-1-24 by 2023 Wis. Act 73.
125.28(2)(b)1.h. h. A manufacturer's or rectifier's permit issued under s. 125.52.
Effective date note NOTE: Subd. 1. h. is created eff. 5-1-24 by 2023 Wis. Act 73.
125.28(2)(b)1.i. i. An out-of-state shipper's permit issued under s. 125.30 or 125.58.
Effective date note NOTE: Subd. 1. i. is created eff. 5-1-24 by 2023 Wis. Act 73.
125.28(2)(b)1.j. j. A no-sale event venue permit issued under s. 125.24.
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).
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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 March 22, 2024. Published and certified under s. 35.18. Changes effective after March 22, 2024, are designated by NOTES. (Published 3-22-24)