125.51(4)(b)3.
3. The number of licenses lawfully issued and in force within the municipality in the previous year.
125.51(4)(b)4.
4. In the case of a village or city incorporated since August 27, 1939, one license per 500 population or fraction thereof at the time of incorporation.
125.51(4)(b)5.
5. In the case of any municipality incorporated or organized since August 27, 1939, the number of licenses lawfully issued and in force in the territory within the municipality at the time of incorporation or organization.
125.51(4)(c)
(c) If territory containing premises covered by a license is annexed to the municipality and if the municipality's quota would not otherwise allow licenses for the premises, the quota shall be increased to include a license for each premises in the annexed territory.
125.51(4)(d)
(d) Detachment of territory shall decrease the quota of the remainder of the municipality by the number of premises covered by licenses existing in the detached territory, except that detachment shall not decrease the quota of the remainder to less than one license per 500 persons or less than one license.
125.51(4)(f)
(f) Notwithstanding the quota of a town, licenses issued by the town under s.
176.05 (21) (k), 1979 stats., remain valid and may be renewed by the town board, but the town board may not issue any new "Class B" licenses until the total number of licenses is less than the quota.
125.51(4)(g)
(g) Notwithstanding the quota of a municipality, its governing body may, by a three-fourths vote of its members, issue a license limited to the sale of wine for consumption only on the premises to any person engaged in preserving a place of historic significance built during the state's first 5 years of statehood and operating the place as a restaurant.
125.51(4)(h)
(h) Notwithstanding the quota of a municipality, its governing body may, by a three-fourths vote of its members, issue a license to any restaurant existing on August 7, 1977, with a museum having permanent exhibition space open to the public at least 3 times the area of the restaurant, whether or not the museum existed on August 7, 1977.
125.51(4)(i)
(i) Notwithstanding the quota of the municipality, licenses issued under s.
176.05 (21) (h), 1979 stats., remain valid and may be renewed by the municipality.
125.51(4)(j)
(j) Each municipality that issues "Class B" licenses shall issue a "Class B" license to any club which, on June 30, 1982, held a "Class B" license issued by the department under s.
176.05 (4a), 1979 stats. Licenses issued under this paragraph shall be renewed annually, upon application, unless revoked under
s. 125.12. The quota of a municipality is permanently increased by the number of licenses it issues under this paragraph.
125.51(4)(k)
(k) Notwithstanding the quota of a town, the town board may issue a license to any of the following:
125.51(4)(k)1.
1. An outdoor theater operated by a professional repertory theater company most of whose productions consist of classical drama.
125.51(4)(k)2.
2. A conference center and restaurant used by the staff and patrons of a professional repertory theater company for lodging and meetings.
125.51(4)(L)
(L) Notwithstanding the quota of a town, the town board may issue a license to a person operating a ski chalet on property owned by the state.
125.51(4)(m)
(m) Notwithstanding the quota of a municipality, its governing body may, by a three-fourths vote of its members, issue a license to any restaurant with a museum having permanent exhibition space open to the public at least 3 times the area of the restaurant if the building housing the museum was built during the first 8 years of statehood or earlier.
125.51(4)(n)
(n) Notwithstanding its quota, a village may issue a license for a hotel owned by an American Indian tribe.
125.51(4)(o)
(o) Notwithstanding its quota, a village may issue a license for a motel located on a lake which is the headwaters of a river which is part of the border between this state and Minnesota.
125.51(4)(p)
(p) Notwithstanding its quota, a town which borders on a lake, is adjacent to a 2nd class city and is located in a county with a population of 300,000 or more may issue a license for a tavern which is covered by a Class "B" license on December 8, 1987, if the tavern is not located within 500 feet of a lake.
125.51(4)(q)
(q) Notwithstanding the quota of a municipality, its governing body may issue a license to persons conducting business at a racetrack, as defined in
s. 562.01 (12).
125.51(4)(r)
(r) Notwithstanding its quota, a village may issue a license to a post of a veteran's organization for a building that was rebuilt after being destroyed by a tornado.
125.51(4)(s)
(s) Notwithstanding the quota of a municipality, its governing body may issue a license to a restaurant and public golf course situated on at least 200 acres of land, if the restaurant and public golf course are located adjacent to STH 57.
125.51(4)(sm)
(sm) Notwithstanding the quota of a town, the town board may issue a license to a person who owns a building located at the intersection of STH 11 and STH 80 in Grant county, if the person had a license under
sub. (3) issued to him or her previously.
125.51(4)(t)1.1. Notwithstanding the quota of a municipality, its governing body may issue a license to a restaurant that was established in 1949 and is located on STH 42 across from a town park.
125.51(4)(t)2.
2. No license may be issued under
subd. 1. after July 29, 1995, but a license issued under
subd. 1. before July 29, 1995, may be renewed.
125.51(4)(u)1.1. Notwithstanding the quota of a municipality, its governing body may issue a license to a corporation that holds a Class "B" license, a "Class C" license and a "Class A" license since January 1, 1992, if the licenses are issued by that governing body.
125.51(4)(u)2.
2. No license may be issued under
subd. 1. after September 1, 1995, or 30 days after July 29, 1995, whichever is later, but a license issued under
subd. 1. on or before September 1, 1995, or on or before 30 days after July 29, 1995, whichever is later, may be renewed.
125.51(5)(a)1.1. The department shall issue "Class B" permits to clubs that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs which are operated solely for curling, ski jumping or yachting. A "Class B" permit may be issued only to a club that holds a valid certificate issued under
s. 73.03 (50), that is not open to the general public and that is located in a municipality that does not issue "Class B" licenses or to a club located in a municipality that issues "Class B" licenses, if the club holds a valid certificate issued under
s. 73.03 (50), is not open to the general public, was not issued a license under s.
176.05 (4a), 1979 stats., and does not currently hold a "Class B" license. The permits may be issued by the department without regard to any local option exercised under
s. 125.05 and without regard to any quota under
sub. (4). The holder of a "Class B" permit may sell intoxicating liquor for consumption by the glass and not in the original package or container on the premises covered by the permit.
125.51(5)(a)2.
2. Except as provided in this paragraph, all sections of this chapter applying to retail "Class B" licenses apply to "Class B" permits issued under this paragraph.
125.51(5)(a)3.
3. "Class B" permits may be issued only to a club which has occupied the premises upon which it is located for a period of at least 6 months prior to the date of application.
125.51(5)(a)4.
4. The department may annually issue a "Class B" permit to any club that holds a valid certificate issued under
s. 73.03 (50), is organized to engage in sports similar to curling, golf, tennis or yachting and that held a license from July 1, 1950, to June 30, 1951, as long as it is continuously operated under substantially the same circumstances under which it operated during the year beginning July 1, 1950, if the club is located in a municipality that does not issue "Class B" licenses.
125.51(5)(b)1.a.
a. "Arena" means a public building with a capacity of 4,000 or more persons used principally for the conduct of sports events.
125.51(5)(b)1.b.
b. "Coliseum" means a public multipurpose facility designed for activities of the public, which may include but are not limited to sports events, trade shows, conventions, seminars, concerts, banquets and fairs.
125.51(5)(b)1.c.
c. "Concessionaire" means a person designated by resolution of the governing body of a county or municipality owning an airport or public facility to operate premises in the airport or public facility.
125.51(5)(b)1.d.
d. "Public facility" means an arena, coliseum, related exposition facilities or center for the performing or visual arts.
125.51(5)(b)1.e.
e. "Related exposition facility" means buildings constructed on the same grounds as a coliseum and used for the same or ancillary functions.
125.51(5)(b)2.
2. The department shall issue a "Class B" permit to a concessionaire that holds a valid certificate issued under
s. 73.03 (50) and that conducts business in an operating airport or public facility, if the county or municipality which owns the airport or public facility has, by resolution of its governing body, annually applied to the department for the permit. The permit authorizes the sale of intoxicating liquor for consumption by the glass and not in the original package or container on the premises.
125.51(5)(b)3.
3. Except as provided in this paragraph, all sections of this chapter relating to "Class B" licenses apply to "Class B" permits issued under this paragraph.
125.51(5)(b)4.
4. The department may not issue a permit under this paragraph to any county or municipality or officer or employe thereof.
125.51(5)(c)1.1. The department may issue a "Class B" permit to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5) authorizing the sale of intoxicating liquor for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under
s. 29.01 (9) and
(11) if the vessel either serves food and has an approved passenger capacity of not less than 40 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of all of the food and beverages served on the vessel or if the vessel has an approved passenger capacity of at least 100 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of the vessel. The department may issue the permit only if the vessel leaves its place of mooring while the sale of intoxicating liquor is taking place and if the vessel fulfills the requirement under
par. (c) 1m. A permit issued under this subdivision also authorizes the permittee to store intoxicating liquor purchased for sale on the vessel on premises owned or leased by the permittee and located near the vessel's regular place of mooring. The permittee shall describe on the permit application under
s. 125.04 (3) (a) 3. the premises where the intoxicating liquor will be stored. The premises shall be open to inspection by the department upon request.
125.51(5)(c)1m.
1m. An applicant for a permit under
par. (a) shall provide proof that the vessel is certified by the U.S. coast guard, classed by the American bureau of shipping or covered by liability insurance.
125.51(5)(c)3.
3. Except as provided in this paragraph, all provisions of this chapter applying to "Class B" licenses apply to "Class B" permits issued under
subd. 1.
125.51(5)(c)4.
4. A person holding a permit under
subd. 1. shall keep all invoices relating to the purchase of intoxicating liquor for sale on a vessel at the location where the intoxicating liquor is customarily stored.
125.51(7)
(7) Sales in name of licensee or permittee. Every holder of a retail license or permit for the sale of intoxicating liquor shall purchase, advertise and sell intoxicating liquor in the holder's name and under the holder's license or permit only.
125.51(8)
(8) Connecting premises. Except in the case of hotels, no person may hold both a "Class A" license and either a "Class B" license or permit, a Class "B" license or permit or a "Class C" license for the same premises or for connecting premises. Except for hotels, if either type of license or permit is issued for the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.
125.51(9)
(9) Licenses for less than one year. 125.51(9)(a)(a) A license may be issued after July 1 in any license year. The license shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions thereof remaining until the following June 30.
125.51(9)(b)
(b) Licenses valid for 6 months may be issued at any time. The fee for the license shall be 50% of the annual license fee. The license may not be renewed during the calendar year in which issued.
125.51(10)
(10) Temporary licenses. Notwithstanding
s. 125.68 (3), temporary "Class B" licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least 6 months before the date of application and to posts of veterans' organizations authorizing the sale of wine containing not more than 6% alcohol by volume in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The amount of the fee for the license shall be determined by the municipal governing body issuing the license, except that it may not exceed $10 and except that no fee may be charged to a person who at the same time applies for a temporary Class "B" license under
s. 125.26 (6) for the same event. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of wine containing not more than 6% alcohol by volume from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of wine containing not more than 6% alcohol by volume from the stands while the fair is being held.
125.51 History
History: 1981 c. 79,
202,
220;
1983 a. 27 ss.
1489c,
2202 (38);
1983 a. 250,
516;
1985 a. 74,
239,
302;
1987 a. 27,
91,
103,
249,
354,
399;
1989 a. 16,
30,
31,
252,
253,
359;
1991 a. 39;
1993 a. 112;
1995 a. 27.
125.52
125.52
Manufacturers' and rectifiers' permits. 125.52(1)(1)
Authorized activities. The department shall issue manufacturers' and rectifiers' permits which authorize the manufacture or rectification, respectively, of intoxicating liquor on the premises covered by the permit. A person holding a manufacturer's or rectifier's permit may manufacture, bottle or wholesale wine, pursuant to the terms of the permit, without procuring a winery permit. A manufacturer's or rectifier's permit entitles the permittee to sell intoxicating liquor from the premises described in the permit. Holders of rectifiers' permits may sell intoxicating liquor rectified by the permittee to retailers without any other permit. No sales may be made for consumption on the premises of the permittee. Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wines brought into this state under
s. 139.03 (5).
125.52(2)
(2) Limited manufacturer's permit. The department shall issue a limited manufacturer's permit which authorizes the use or sale of the intoxicating liquor produced only if it is rendered unfit for use as a beverage and is used or sold for use as fuel. The department shall notify the department of natural resources of the name and address of any person to whom a limited manufacturer's permit is issued.
125.52(3)
(3) Persons eligible. Except as provided under
s. 125.69, a manufacturer's or rectifier's permit may be issued to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5), except a foreign corporation, a foreign limited liability company or a person acting as an 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 eligible for a permit under this section.
125.52(6)
(6) Sales area. No rectifier may sell any intoxicating liquor before filing with the department a written statement that the permittee is a distributor of a particular brand in this state, or an area of this state, and that the sales of that brand by the permittee and anyone purchasing from the permittee will be limited to the area specified. The rectifier shall inform the department of any change in the area within 7 days of the effective date of the change.
125.52(7)
(7) Multiple permits. Not more than 2 manufacturers' or 2 rectifiers' permits may be issued to any one person. In each application for a manufacturer's or rectifier's permit, the applicant shall state that application has not been made for more than one other manufacturer's or rectifier's permit.
125.53(1)(1) The department shall issue only to a manufacturing winery in this state that holds a valid certificate issued under
s. 73.03 (50) a winery permit authorizing the manufacture and bottling of wine on the premises covered by the permit for sale at wholesale to other licensees or permittees. A permittee under this section may offer on the premises taste samples of wine manufactured on the premises to persons who have attained the legal drinking age. A permittee under this section may also have either a "Class A" or "Class B" license, but not both. If a "Class A" or "Class B" liquor license has also been issued to the winery, the winery may offer the taste samples on the "Class A" or "Class B" premises.
125.53(2)
(2) Winery permits may be issued to any person except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another.
125.54
125.54
Wholesalers' permits. 125.54(1)
(1)
Authorized activities. The department shall issue wholesalers' permits authorizing the permittee to sell intoxicating liquor at wholesale from the premises described in the permit. Except as provided under
s. 125.69 (1) (b) 3., the permittee may not sell intoxicating liquor for consumption on the premises. If a wholesale permit is issued to a brewery that holds a "Class B" license, the permit shall authorize the wholesale sale of wine only. Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wine brought into this state under
s. 139.03 (5).
125.54(2)
(2) Persons eligible. Except as provided under
s. 125.69, a wholesaler's permit may be issued to any person who holds a valid certificate issued under
s. 73.03 (50) and who is qualified under
s. 125.04 (5), except a foreign corporation, a foreign limited liability company or a person acting as an 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 eligible for a permit under this section.
125.54(5)
(5) Sales area. No wholesaler may sell any intoxicating liquor before filing with the department a written statement that the permittee is a distributor of a particular brand in this state, or an area of this state, and that the sales of that brand by the permittee and anyone purchasing from the permittee will be limited to the area specified. The permittee shall notify the department of any change in the area within 7 days of the effective date of the change.
125.54(6)
(6) Multiple permits. Not more than 2 wholesalers' permits may be issued to any one person. In each application for a wholesaler's permit, the applicant shall state that application has not been made for more than one other wholesaler's permit.
125.54 Annotation
Section 176.05 (1a) (b), 1979 stats. [now s. 125.54 (5)] does not prohibit wholesaler from selling to retailer located outside area described in area statement provided sale takes place within area. 70 Atty. Gen. 258.
125.55
125.55
Combination permits. 125.55(1)(1) The department may issue the following combination permits:
125.55(1)(a)
(a) A combination manufacturer's and rectifier's permit.
125.55(1)(b)
(b) A combination rectifier's and wholesaler's permit.
125.55(2)
(2) A combination manufacturer's and wholesaler's permit may not be issued.
125.55 History
History: 1981 c. 79;
1995 a. 27.
125.56
125.56
Sacramental wine. 125.56(1)(1)
Authorization to sell. Any person holding a permit under
s. 125.52 (1),
125.53 or
125.54 may sell sacramental wine directly to persons holding permits under
sub. (2).
125.56(2)(a)(a) The department shall issue sacramental wine permits to organized religious bodies authorizing them to purchase for their own use sacramental wine from any permittee under
s. 125.52 (1),
125.53 or
125.54. A permit under this subsection does not authorize the resale of sacramental wine by the permittee.
125.56(2)(b)
(b) No sacramental wine permit may be issued to a person acting as an agent for or in the employ of another.
125.56(2)(c)
(c) Shipments of sacramental wine shall be conspicuously labeled "for sacramental purposes" and shall meet any other requirements the department prescribes by rule.
125.56 History
History: 1981 c. 79;
1983 a. 516 s.
8.
125.58
125.58
Out-of-state shippers' permit; exception to requirement.
