125.27(1)(d)
(d) 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(2)(a)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 fermented malt beverages for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under
s. 29.001 (45) and
(63) if any of the following applies:
125.27(2)(a)1.a.
a. The vessel 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.
125.27(2)(a)1.b.
b. The vessel has an approved passenger capacity of not less than 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.
125.27(2)(a)2.
2. The department may issue the permit only if the vessel leaves its place of mooring while the sale of fermented malt beverages is taking place and if the vessel fulfills the requirement under
par. (am). A permit issued under this paragraph also authorizes the permittee to store fermented malt beverages 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 fermented malt beverages will be stored. The premises shall be open to inspection by the department upon request.
125.27(2)(am)
(am) 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.
125.27(2)(b)
(b) Persons holding a permit under
par. (a) may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license under
s. 66.0433 (1).
125.27(2)(d)
(d) Except as provided in this subsection, all sections of this chapter applying to Class "B" licenses apply to Class "B" permits issued under this subsection.
125.27(2)(e)
(e) A person holding a permit under
par. (a) shall keep all invoices relating to the purchase of fermented malt beverages for sale on a vessel at the location where the fermented malt beverages are customarily stored.
125.27(3)(a)(a) In this subsection, "tribe" means a federally recognized American Indian tribe in this state having a reservation created pursuant to treaty with the United States encompassing not less than 60,000 acres nor more than 70,000 acres or any business entity that is wholly owned and operated by such a tribe.
125.27(3)(b)
(b) Upon application, the department shall issue a Class "B" permit to a tribe that holds a valid certificate issued under
s. 73.03 (50) and that is qualified under
s. 125.04 (5) and
(6). The permit authorizes the retail sale of fermented malt beverages for consumption on or off the premises where sold.
125.27(3)(c)
(c) A tribe holding a permit under
par. (a) may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license under
s. 66.0433 (1).
125.27(3)(d)
(d) Except as provided in this subsection, all sections of this chapter applying to Class "B" licenses apply to Class "B" permits issued under this subsection.
125.272
125.272
Face-to-face retail sales. Except as provided in
s. 125.26 (2m) and
(2s) 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.
125.275
125.275
Industrial fermented malt beverages permit. 125.275(1)(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)(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)1.1. Beginning on May 5, 1994, an industrial fermented malt beverages permit may not be issued to a person holding a wholesaler's license 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 license issued under
s. 125.28.
125.275(2)(b)2.
2. Notwithstanding
subd. 1., a person who holds an industrial fermented malt beverages permit and a wholesaler's license issued under
s. 125.28, both of which permit and license were issued before May 5, 1994, may, subject to
ss. 125.04 and
125.12, renew and continue to hold both the permit and license.
125.275(2)(b)3.
3. If a person holding an industrial fermented malt beverages permit and a wholesaler's license under
subd. 2. fails to renew either permit or license, is denied renewal of either permit or license under
s. 125.12 or has either permit or license suspended or revoked under
s. 125.12, the person is subject to
subd. 1.
125.275(3)
(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' licenses. 125.28(1)(a)(a) Subject to
par. (b), every municipal governing body may issue licenses to wholesalers for the sale of fermented malt beverages from premises within the municipality, which premises shall comply with the requirements under
s. 125.34 (2). Subject to
s. 125.34, a wholesaler's license authorizes sales of fermented malt beverages only in original packages or containers to retailers or wholesalers, not to be consumed in or about the wholesaler's premises.
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 licensed 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 at and distributed from the warehouse of the licensed wholesaler in that state, the wholesaler's license shall be issued by the governing body of the municipality in which some part of the wholesaler's business is conducted in this state. Notwithstanding
s. 125.04 (5) (a) 2. and
(c) and
(6), the municipal governing body may issue the wholesaler's license 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 licensed wholesalers.
125.28(1)(d)
(d) Wholesalers licensed 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(2)(a)(a) A wholesaler's license 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 license under this section.
125.28(2)(b)
(b) Except as provided in
par. (c) and
s. 125.29, beginning on May 5, 1994, a wholesaler's license 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)2.
2. 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
e.
125.28(2)(c)1.1. A person who holds a wholesaler's license and a license or permit specified in
par. (b) 1., all of which licenses or permits were issued before May 5, 1994, may, subject to
ss. 125.04 and
125.12, renew and continue to hold all of the licenses or permits.
125.28(2)(c)2.
2. Except as provided in
ss. 125.04 (12) (a) and
125.25 (2) (b) 4., if a person holding a wholesaler's license and a license or permit under
subd. 1. fails to renew a license or permit, is denied renewal of a license or permit under
s. 125.12 or has one of the licenses or permits suspended or revoked under
s. 125.12, the person is subject to
par. (b) with respect to holding a license or permit of that type after the failure or denial of renewal or the revocation or suspension of the license or permit.
125.28(3)
(3) Wholesalers' licenses shall particularly describe the premises for which issued and are not transferable, except as provided in
ss. 125.04 (12) and
125.25 (2) (b) 4. A wholesaler's license is subject to revocation for violation of any of the terms or provisions thereof.
125.28(4)
(4) The amount of the license fee shall be determined by the municipal governing body issuing the license but may not exceed $25 per year or fractional part thereof.
125.29(1)(1)
Permit. No person may operate as a brewer unless that person obtains a permit from the department. Each wholesaler required to register under
s. 139.09 shall obtain a permit under this subsection. A permit under this section may only be issued to a person who holds a valid certificate issued under
s. 73.03 (50).
125.29(2)
(2) Limitation. Except as provided in
s. 125.31, no person holding a Class "B" license or permit issued under this chapter may register as a brewer.
125.29(3)
(3) Activities. Subject to
s. 125.34 (2), a brewer may manufacture, possess and store fermented malt beverages on the brewery premises and transport fermented malt beverages between the brewery premises and any depot or warehouse maintained by the brewer for which the brewer has a wholesaler's license issued under
s. 125.28. A brewer or individual representing a brewer may also provide taste samples as authorized under
s. 125.33 (12).
125.29(5)
(5) Brewpubs. No person holding a brewpub permit under
s. 125.295 may register as a brewer under this section.
125.29(6)
(6) Restaurants. No person issued a permit under this section after November 25, 2007 may hold a restaurant permit issued under
s. 254.64.
125.295(1)(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 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)(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 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.
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 10,000 barrels of fermented malt beverages in a calendar year.
125.295(2)(a)2.
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 restaurant permit is issued under
s. 254.64.
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 other than the applicant and its brewpub group.
125.295(2)(a)6.
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)(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 restaurant permit 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 restaurant permit 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 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. 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)(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.
