125.29(8) (8) Closing hours.
125.29(8)(a)(a) On brewery premises, no person may sell alcohol beverages at retail for on-premises consumption, provide taste samples of alcohol beverages, or consume alcohol beverages during the closing hours applicable to a Class “B" licensee under s. 125.32 (3) (a). A full-service retail outlet under sub. (7) shall be subject to the same closing hours applicable to a Class “B" licensee under s. 125.32 (3) (a).
125.29(8)(b) (b) On brewery premises and at a full-service retail outlet, no person may sell alcohol beverages at retail for off-premises consumption during the hours in which a Class “B” licensee in the municipality where the brewery or retail outlet is located may not make retail sales under s. 125.32 (3) (am) and (d).
125.29(8)(c) (c) No member of the public or invited guests may be present on brewery premises during the closing hours applicable to a Class “B" licensee under s. 125.32 (3) (a).
125.29(8)(d) (d) Activities authorized under a brewer's permit related to the production, shipment, transportation, or delivery of alcohol beverages may occur at any time.
Effective date note NOTE: Sub. (8) is created eff. 5-1-24 by 2023 Wis. Act 73.
125.29 Annotation A Web of Regulations: Starting a Brewery. Glazer. Wis. Law. Mar. 2016.
125.295 125.295 Brewpub permits.
125.295(1)(1)The division shall issue brewpub permits to eligible applicants authorizing all of the following:
Effective date note NOTE: Sub. (1) (intro.) 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 shall issue brewpub permits to eligible applicants authorizing all of the following:
125.295(1)(a) (a) The manufacture of fermented malt beverages on the brewpub premises if, except as provided in s. 125.21 (2) and (3), the entire manufacturing process occurs on these premises and not more than 20,000 barrels of fermented malt beverages are manufactured in a calendar year by the permittee's brewpub group.
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) The manufacture of fermented malt beverages on the brewpub premises if the entire manufacturing process occurs on these premises and not more than 10,000 barrels of fermented malt beverages are manufactured in a calendar year by the permittee's brewpub group.
125.295(1)(b) (b) The bottling on brewpub premises of fermented malt beverages that have been manufactured on these premises.
125.295(1)(c) (c) The packaging in refillable containers exceeding 24 ounces in volume, at the request of a customer and on brewpub premises, of fermented malt beverages that have been manufactured on these premises.
125.295(1)(d) (d) The possession and storage of any fermented malt beverages on brewpub premises.
125.295(1)(e) (e) The transportation of fermented malt beverages that have been manufactured on the brewpub premises between these premises and any other brewpub premises or Class “B" premises of the brewpub group.
125.295(1)(f) (f) Subject to s. 125.34 (3) and (4), the sale at wholesale, shipment, transportation, and delivery, in original unopened packages or containers, to wholesalers, from the brewpub premises, of fermented malt beverages that have been manufactured on these premises or on other brewpub premises of the brewpub.
125.295(1)(fm) (fm) The sale, shipment, transportation, and delivery of fermented malt beverages, in bulk or in any state of packaging, that have been manufactured by the brewpub to another brewpub holding a permit under this section, and the receipt of the fermented malt beverages by the other brewpub.
Effective date note NOTE: Par. (fm) is created eff. 5-1-24 by 2023 Wis. Act 73.
125.295(1)(g) (g) The sale at wholesale, shipment, transportation, and delivery, in original unopened packages or containers, to retailers, from the brewpub premises, of fermented malt beverages that have been manufactured on these premises or on other brewpub premises of the brewpub. A brewpub's brewpub group may not sell, ship, transport, or deliver more than a total of 2,000 barrels of fermented malt beverages in any calendar year to retailers under this paragraph. Fermented malt beverages provided by a brewpub to any retail premises for which the brewpub group holds a retail license shall not be included in any calculation of the 2,000 barrel limitation under this paragraph. Deliveries and shipments of fermented malt beverages by a brewpub under this paragraph shall be made to retailers only at their retail premises. Any retailer receiving such a delivery or shipment is subject to the prohibition under s. 125.34 (5) against further transporting the delivery or shipment to any other retail premises.
Effective date note NOTE: Par. (g) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (g) The sale at wholesale, shipment, transportation, and delivery, in original unopened packages or containers, to retailers, from the brewpub premises, of fermented malt beverages that have been manufactured on these premises or on other brewpub premises of the brewpub. A brewpub's brewpub group may not sell, ship, transport, or deliver more than a total of 1,000 barrels of fermented malt beverages in any calendar year to retailers under this paragraph. Fermented malt beverages provided by a brewpub to any retail premises for which the brewpub group holds a retail license shall not be included in any calculation of the 1,000 barrel limitation under this paragraph. Deliveries and shipments of fermented malt beverages by a brewpub under this paragraph shall be made to retailers only at their retail premises. Any retailer receiving such a delivery or shipment is subject to the prohibition under s. 125.34 (5) against further transporting the delivery or shipment to any other retail premises.
125.295(1)(h) (h) The sale of alcohol beverages at retail on the brewpub premises in accordance with the terms of any retail license specified in subs. (2) (a) 4. and (3) (b) and (c).
125.295(1)(i) (i) Notwithstanding s. 125.33 (1), the ownership, maintenance, and operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state if the fermented malt beverages have been manufactured by the brewpub. A brewpub may not make retail sales of fermented malt beverages at the state fair park unless the state fair park board has approved the brewpub to make such sales.
125.295(2) (2)
125.295(2)(a)(a) An applicant is eligible for a brewpub permit only if all of the following apply:
125.295(2)(a)1. 1. The applicant's brewpub group manufactures a total of not more than 20,000 barrels of fermented malt beverages in a calendar year.
Effective date note NOTE: Subd. 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 applicant's brewpub group manufactures a total of not more than 10,000 barrels of fermented malt beverages in a calendar year.
125.295(2)(a)2. 2. Except as provided in s. 125.21 (2) and (3), the applicant's entire process for manufacturing fermented malt beverages occurs on premises covered by a permit issued under this section. If the applicant holds more than one permit issued under this section, the applicant is not required to manufacture fermented malt beverages on each premises for which a permit is issued under this section.
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. The applicant's entire process for manufacturing fermented malt beverages occurs on premises covered by a permit issued under this section. If the applicant holds more than one permit issued under this section, the applicant is not required to manufacture fermented malt beverages on each premises for which a permit is issued under this section.
125.295(2)(a)3. 3. The applicant operates a restaurant on the premises for which the permit is issued, for which a license is issued under s. 97.30 for a restaurant.
125.295(2)(a)4. 4. The applicant holds a Class “B" license for the restaurant identified in subd. 3. and, on these Class “B" premises, offers for sale, in addition to fermented malt beverages manufactured by the applicant, fermented malt beverages manufactured by a brewer or brewpub other than the applicant and its brewpub group.
Effective date note NOTE: Subd. 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 applicant holds a Class “B" license for the restaurant identified in subd. 3. and, on these Class “B" premises, offers for sale, in addition to fermented malt beverages manufactured by the applicant, fermented malt beverages manufactured by a brewer other than the applicant and its brewpub group.
125.295(2)(a)5. 5. The applicant holds a valid certificate issued under s. 73.03 (50).
125.295(2)(a)6. 6. Subject to s. 125.20 (6), neither the applicant nor the applicant's brewpub group holds, or has an interest in a licensee or permittee holding, any of the following:
Effective date note NOTE: Subd. 6. (intro.) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text 6. Neither the applicant nor the applicant's brewpub group holds, or has a direct or indirect ownership interest in a premises operating under, any of the following:
125.295(2)(a)6.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. 6. a. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
125.295 Note a. A Class “A" license issued under s. 125.25.
125.295(2)(a)6.b. b. Except as provided in subd. 4. and subs. (1) (h) and (3) (b) and (c), a Class “B" license issued under s. 125.26, Class “B” permit issued under s. 125.27, “Class B” license issued under s. 125.51 (3), “Class B” permit issued under s. 125.51 (5), or “Class C” license issued under s. 125.51 (3m).
Effective date note NOTE: Subd. 6. b. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
125.295 Note b. Except as provided in subd. 4. and subs. (1) (h) and (3) (b), a Class “B" license issued under s. 125.26.
125.295(2)(a)6.c. c. A wholesaler's permit issued under s. 125.28 or 125.54.
Effective date note NOTE: Subd. 6. c. is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
125.295 Note c. A wholesaler's permit issued under s. 125.28.
125.295(2)(a)6.d. d. A brewer's permit issued under s. 125.29.
125.295(2)(a)6.e. e. Except as provided in subs. (1) (h) and (3) (c), a “Class B" license or permit or “Class C" license issued under s. 125.51.
125.295(2)(a)6.f. f. An alcohol beverage warehouse permit issued under s. 125.19.
125.295(2)(a)6.g. g. A no-sale event venue permit issued under s. 125.24.
Effective date note NOTE: Subd. 6. g. is created eff. 1-1-26 by 2023 Wis. Act 73.
125.295(2)(b) (b) If an applicant under par. (a) has no current operations, the applicant may certify that the applicant has applied for or will apply for a Class “B" license or license under s. 97.30 for a restaurant or will comply with any other requirement under par. (a), prior to or upon commencing operations authorized under this section. If a Class “B" license or license under s. 97.30 for a restaurant is not subsequently issued to the applicant, or if the applicant otherwise fails to comply with any requirement for eligibility under par. (a), the division may revoke under s. 125.12 (5) the permit issued under this section.
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 an applicant under par. (a) has no current operations, the applicant may certify that the applicant has applied for or will apply for a Class “B" license or license under s. 97.30 for a restaurant or will comply with any other requirement under par. (a), prior to or upon commencing operations authorized under this section. If a Class “B" license or license under s. 97.30 for a restaurant is not subsequently issued to the applicant, or if the applicant otherwise fails to comply with any requirement for eligibility under par. (a), the department may revoke under s. 125.12 (5) the permit issued under this section.
125.295(2)(c) (c) If an applicant under par. (a) holds any license or permit prohibited under par. (a) 6. at the time of its application, the applicant may certify that the applicant will surrender any such license or permit upon issuance of a permit under this section. If the division issues a permit under this section and the applicant fails to surrender any license or permit prohibited under par. (a) 6., the division may revoke under s. 125.12 (5) the permit issued under this section. An applicant is not required to surrender any Class “B" license issued under s. 125.31 (1) (a) 2., 2009 stats., or under s. 125.31 (1) (a) 3., 2005 stats., if the applicant's continued possession of the license is consistent with subs. (1) (h), (2) (a) 4., and (3) (b) and (c).
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) If an applicant under par. (a) holds any license or permit prohibited under par. (a) 6. at the time of its application, the applicant may certify that the applicant will surrender any such license or permit upon issuance of a permit under this section. If the department issues a permit under this section and the applicant fails to surrender any license or permit prohibited under par. (a) 6., the department may revoke under s. 125.12 (5) the permit issued under this section. An applicant is not required to surrender any Class “B" license issued under s. 125.31 (1) (a) 2., 2009 stats., or under s. 125.31 (1) (a) 3., 2005 stats., if the applicant's continued possession of the license is consistent with subs. (1) (h), (2) (a) 4., and (3) (b) and (c).
125.295(3) (3)
125.295(3)(a)(a) No brewpub group may hold more than 6 brewpub permits issued under this section.
125.295(3)(b) (b) A brewpub may not hold any Class “B" license other than one issued for a restaurant on the brewpub premises. Notwithstanding s. 125.26 (2) (a), each Class “B" license shall be issued for the brewpub's restaurant in the same name as the permittee under this section. Notwithstanding s. 125.33 (1), a brewpub may own the furniture, fixtures, fittings, furnishings, and equipment on the Class “B" premises and shall pay any license fee or tax required for the operation of the premises.
125.295(3)(c) (c) Subject to the requirements specified in s. 125.51 (3) and (3m), a brewpub may also hold “Class B" licenses and “Class C" licenses, but only for restaurants on brewpub premises.
125.295(4) (4)The fee established by the division for a brewpub permit shall not exceed the fee established by the division for a permit under s. 125.29.
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 fee established by the department for a brewpub permit shall not exceed the fee established by the department for a permit under s. 125.29.
125.295(5) (5)The division shall promulgate rules and prescribe forms to ensure strict compliance with the requirements under this section.
Effective date note NOTE: Sub. (5) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (5) The department shall promulgate rules and prescribe forms to ensure strict compliance with the requirements under this section.
125.30 125.30 Out-of-state shippers' permits; delivery to wholesalers.
125.30(1)(1)The division shall issue out-of-state shippers' permits which, except as provided in sub. (4), authorize the permittee to ship fermented malt beverages only to holders of a wholesaler's permit issued under s. 125.28. Except with respect to any shipment from a warehouse in an adjoining state by a wholesaler issued a wholesale permit under s. 125.28 (1) (b), no person may receive fermented malt beverages in this state which have been directly shipped from outside this state by any person other than the holder of a permit issued under this section. Subject to s. 125.34 (2), all shipments of fermented malt beverages to a wholesaler of fermented malt beverages in this state, whether shipped to the wholesaler from inside this state or from outside this state, shall be unloaded in, physically at rest in, and only then distributed from the wholesaler's warehouse in this state.
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 shall issue out-of-state shippers' permits which, except as provided in sub. (4), authorize the permittee to ship fermented malt beverages only to holders of a wholesaler's permit issued under s. 125.28. Except with respect to any shipment from a warehouse in an adjoining state by a wholesaler issued a wholesale permit under s. 125.28 (1) (b), no person may receive fermented malt beverages in this state which have been directly shipped from outside this state by any person other than the holder of a permit issued under this section. Subject to s. 125.34 (2), all shipments of fermented malt beverages to a wholesaler of fermented malt beverages in this state, whether shipped to the wholesaler from inside this state or from outside this state, shall be unloaded in, physically at rest in, and only then distributed from the wholesaler's warehouse in this state.
125.30(2) (2)The application for an out-of-state shipper's permit and the permit shall be on forms prescribed by the division which shall contain provisions determined by the division as necessary to effectuate the purposes of ss. 139.01 to 139.25 and shall include a provision that the permittee agrees to do all of the following:
125.30(2)(a) (a) Comply with s. 139.05 relating to filing a bond, filing returns, paying taxes, and record keeping.
125.30(2)(b) (b) Permit inspections and examinations of the permittee's premises and records by the division and its duly authorized employees, as authorized under s. 125.025 (3).
125.30(2)(c) (c) Pay the expenses reasonably attributable to the inspections and examinations under par. (b) made within the United States.
125.30(2)(d) (d) Accept service of process and consent to jurisdiction in any proceeding in this state to enforce the provisions of this chapter or ch. 139.
Effective date note NOTE: Sub. (2) is shown as affected eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
Effective date text (2) The application for an out-of-state shipper's permit and the permit shall be on forms prescribed by the department which shall contain provisions determined by the department as necessary to effectuate the purposes of ss. 139.01 to 139.25 and shall include a provision that the permittee agrees:
Effective date text (a) To comply with s. 139.05 relating to filing a bond, filing returns, paying taxes and record keeping;
Effective date text (b) To permit inspections and examinations of the permittee's premises and records by the department and its duly authorized employees, as authorized under s. 139.08 (4); and
Effective date text (c) To pay the expenses reasonably attributable to such inspections and examinations made within the United States.
125.30(3) (3)
Loading...
Loading...
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)