73,26edSection 26ed. 125.33 (2) (a) of the statutes is amended to read: 125.33 (2) (a) Give to any campus or Class “B” licensee or permittee, at any given time, for placement inside the premises, signs, clocks, or menu boards with an aggregate value of not more than $2,500. If a gift of any item would cause the $2,500 limit to be exceeded, the recipient shall pay the brewer, brewpub, or wholesaler the amount of the item’s value in excess of $2,500. Each recipient shall keep an invoice or credit memo containing the name of the donor and the number and value of items received under this paragraph. The value of an item is its cost to the donor. Each recipient shall make the records kept under this paragraph available to the department division for inspection upon request.
73,26eeSection 26ee. 125.33 (2) (d) of the statutes is amended to read: 125.33 (2) (d) Sell to a campus or Class “B” licensee or permittee at fair market value equipment designed and intended to preserve and maintain the sanitary dispensing of fermented malt beverages or any services necessary to maintain this kind of equipment. A brewer, brewpub, or wholesaler shall charge the same price per unit of equipment to each campus or Class “B” licensee or permittee making the same or a similar purchase, and shall charge the same rate to each campus or Class “B” licensee or permittee purchasing maintenance services under this subdivision. Each brewer, brewpub, or wholesaler shall keep records of each transaction under this subdivision and shall make the records available to the department division upon request.
73,26efSection 26ef. 125.33 (2) (hr) of the statutes is created to read: 125.33 (2) (hr) Enter into a landlordtenant relationship with a Class “B” licensee or permittee if all of the requirements under s. 125.20 (6) (b) are satisfied.
73,26egSection 26eg. 125.33 (9) of the statutes is renumbered 125.33 (9) (a) and amended to read: 125.33 (9) (a) Except as provided in ss. 125.29 (3m) (b) and (c), 125.295 (1) (g), and 125.30 (4), no campus or retail licensee or permittee may purchase or possess fermented malt beverages purchased from any person other than a wholesaler holding a permit under this chapter for the sale of fermented malt beverages.
(b) Any person who violates this subsection may par. (a), if the total volume of fermented malt beverages purchased or possessed by that person in one month is 4,320 fluid ounces or less, may be required to forfeit not more than $100. A person who purchases or possesses more than 4,320 fluid ounces of fermented malt beverages in one month in violation of par. (a) shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.
73,26ehSection 26eh. 125.33 (9) (c) of the statutes is created to read: 125.33 (9) (c) Notwithstanding par. (b), a Class “B” licensee or permittee who purchases fermented malt beverages from a Class “A” licensee for resale or who possesses fermented malt beverages purchased from a Class “A” licensee for resale may be fined not more than $100.
73,26eiSection 26ei. 125.33 (12) of the statutes is amended to read: 125.33 (12) Providing taste samples on Class “A” retail premises. Notwithstanding s. 125.34 (6), with the consent of the Class “A” or Class “B” licensee, a brewer may provide, free of charge, on Class “A” or Class “B” premises, taste samples of fermented malt beverages to any person who has attained the legal drinking age for consumption on the premises during hours in which the Class “A” licensee is authorized under s. 125.25 (1) to provide taste samples or, if more restrictive, only during hours established by ordinance by a municipality under s. 125.32 (3) (d) between the hours of 11 a.m. and 7 p.m. The provision of taste samples under this subsection shall be subject to the same limitations that apply to taste samples provided by a Class “A” licensee under s. 125.25 (1). No brewer may provide as taste samples under this subsection any fermented malt beverages that the brewer did not purchase from the Class “A” licensee on whose premises the taste samples are provided. A brewer may provide taste samples of any fermented malt beverages that the brewer purchased from the retail licensee or that the brewer produced on premises covered by its brewer’s permit and brings to the retail premises, but the brewer may not leave at the retail premises any unused fermented malt beverages not purchased from the retail licensee. A brewer may provide taste samples under this subsection through an individual representing the brewer who is hired by the brewer and who is not employed by or an agent of a wholesaler. All provisions of this subsection that apply to a brewer apply equally to any individual representing a brewer.
73,26ejSection 26ej. 125.34 (6) of the statutes is amended to read: 125.34 (6) Except as provided in ss. 125.29 (3), (3m) (b) and (c), and (7) and 125.30 (4), a brewer or out-of-state shipper may sell, transport, and deliver fermented malt beverages only to a wholesaler.
73,26ekSection 26ek. 125.51 (1) (a) of the statutes is amended to read: 125.51 (1) (a) Subject to sub. (2) (e) 2., every municipal governing body may grant and issue “Class A” and “Class B” licenses for retail sales of intoxicating liquor, and “Class C” licenses for retail sales of wine, from premises within the municipality to persons entitled to a license under this chapter as the issuing municipal governing body deems proper and may authorize an official or body of the municipality to issue temporary “Class B” licenses under sub. (10). No “Class B” license may be issued to a winery under sub. (3) (am) unless the winery has been issued a permit under s. 125.53 and the winery is capable of producing at least 5,000 gallons of wine per year in no more than 2 locations.
73,26emSection 26em. 125.51 (2) (am) of the statutes is amended to read: 125.51 (2) (am) In addition to the authorization under par. (a) and s. 125.06 (13), a “Class A” license authorizes the licensee to provide, free of charge, to customers and visitors who have attained the legal drinking age, taste samples of intoxicating liquor other than wine that are not in original packages or containers and that do not exceed 0.5 fluid ounces each, for consumption on the “Class A” premises. No “Class A” licensee may provide more than one such taste sample per day to any one person. Taste samples may be provided under this paragraph only between the hours of 11 a.m. and 7 p.m. and may not exceed the quantities specified in s. 125.69 (9) (b). Any representative of a manufacturer, rectifier, winery, or out-of-state shipper issued a permit under s. 125.52, 125.53, or 125.58 may assist the “Class A” licensee in dispensing or serving the taste samples. No “Class A” licensee may provide as taste samples under this paragraph intoxicating liquor other than wine that the “Class A” licensee did not purchase from a wholesaler.
73,26enSection 26en. 125.51 (2) (e) 3. of the statutes is amended to read: 125.51 (2) (e) 3. Notwithstanding par. pars. (a) and (am) and s. 125.06 (13) 125.69 (9), a person issued a “Class A” license under subd. 2. may not make retail sales, or provide taste samples, of any intoxicating liquor other than cider. Paragraph (am) does not apply to a person issued a “Class A” license under subd. 2, and may not allow a winery, manufacturer, or rectifier to provide taste samples of any intoxicating liquor other than cider, on the “Class A” premises.
73,26eoSection 26eo. 125.51 (3) (a) of the statutes is amended to read: 125.51 (3) (a) A “Class B” license authorizes the retail sale of intoxicating liquor by the glass and not in the original package or container for consumption on the premises where sold or for consumption off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises. In addition, wine may be sold in the original package or container in any quantity to be consumed off the premises where sold. This paragraph does not apply in municipalities in which the governing body elects to come under par. (b) or to a winery that has been issued a “Class B” license. Paragraph (am) applies to all wineries that have been issued a “Class B” license.
73,26epSection 26ep. 125.51 (3) (am) of the statutes is repealed. 73,26eqSection 26eq. 125.51 (3) (b) of the statutes is amended to read: 125.51 (3) (b) In all municipalities electing by ordinance to come under this paragraph, a retail “Class B” license authorizes the sale of intoxicating liquor to be consumed by the glass on the premises where sold or off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises. The “Class B” license also authorizes the sale of intoxicating liquor in the original package or container, in any quantity, to be consumed off the premises where sold. This paragraph does not apply to a winery that has been issued a “Class B” license. Paragraph (am) applies to all wineries that have been issued a “Class B” license.
73,26erSection 26er. 125.51 (3) (bg) of the statutes is created to read: 125.51 (3) (bg) 1. In this paragraph, “bulk container” means a container exceeding 1.75 liters in volume.
2. This paragraph applies only with respect to a “Class B” licensee exercising its authority under par. (a) or (b) to make retail sales of intoxicating liquor for consumption on the premises where sold or for consumption off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises.
3. Notwithstanding s. 125.03 (2) and any rule promulgated thereunder, a “Class B” licensee may, on the licensed premises, prepare, store, and dispense mixed drinks containing intoxicating liquor, in advance of sale as described in subd. 2., if all of the following apply:
a. The mixed drink is provided to the consumer in a glass or other container not exceeding 72 ounces in volume.
b. The mixed drink has not been stored in a container for more than 48 hours prior to its sale to a customer.
c. If the mixed drink is stored in or dispensed from a bulk container, the bulk container does not exceed 5 gallons in volume and is labeled in compliance with the requirements established under subd. 4.
d. The licensee has not stored the mixed drink in or dispensed the mixed drink from a wine bottle and has ensured compliance with ss. 125.68 (8) (a) 2. and 3. and 125.69 (6), as well as compliance with any other applicable state or federal food safety regulation and any federal alcohol regulation.
4. The division shall prescribe the form of the label to be used by “Class B” licensees under subd. 3. c., but the form shall require the licensee to disclose on the label all of the following information:
a. That the container holds a batch of premixed drinks and the date and time the batch was prepared.
b. Following the words “expiration date,” the date and time that is 48 hours after the date and time the batch was prepared.
c. The words “contains alcohol.”
d. The name of the person who prepared the batch of premixed drinks in the container.
e. The ingredients of the batch of premixed drinks, unless the label contains a recipe title for the batch and the recipe, with a complete ingredient list, is maintained on the “Class B” premises and is available for inspection.
5. Section 125.68 (9) (b) does not apply with respect to a container used by a “Class B” licensee solely to prepare, store, or dispense mixed drinks in compliance with this paragraph.
73,26esSection 26es. 125.51 (3) (bm) of the statutes is amended to read: 125.51 (3) (bm) Notwithstanding pars. (a) and (b) and s. 125.04 (3) (a) 3. and (9), a “Class B” license authorizes a person operating a hotel to furnish a registered guest who has attained the legal drinking age with a selection of intoxicating liquor in the guest’s room which is not part of the “Class B” premises. Intoxicating liquor furnished under this paragraph shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place must be capable of being locked. The cabinet, refrigerator or other secure storage place shall be locked, or the intoxicating liquor shall be removed from the room, when the room is not occupied and when intoxicating liquor is not being furnished under this paragraph. A key for the lock shall be supplied to a guest who has attained the legal drinking age upon request at registration. The hotel shall prominently display a price list of the intoxicating liquor in the hotel room. Intoxicating liquor may be furnished at the time the guest occupies the room, but for purposes of this chapter, the sale of intoxicating liquor furnished under this paragraph is considered to occur at the time and place that the guest pays for the intoxicating liquor. Notwithstanding s. 125.68 (4) (c), the guest may pay for the intoxicating liquor at any time if he or she pays in conjunction with checking out of the hotel. An individual who stocks or accepts payment for alcohol beverages under this paragraph shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company, or the holder of a manager’s or operator’s license or operator’s permit, or be supervised by one of those individuals.
73,26etSection 26et. 125.51 (3) (bs) 2. of the statutes is amended to read: 125.51 (3) (bs) 2. Notwithstanding pars. (a) and (b) and s. 125.04 (3) (a) 3. and (9), a “Class B” license authorizes a person operating a coliseum to furnish the holder of a coliseum suite who has attained the legal drinking age with a selection of intoxicating liquor in the coliseum suite that is not part of the “Class B” premises. Intoxicating liquor furnished under this subdivision shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place or the coliseum suite must be capable of being locked. The cabinet, refrigerator or other secure storage place or the coliseum suite shall be locked, or the intoxicating liquor shall be removed from the coliseum suite, when the coliseum suite is not occupied and when intoxicating liquor is not being furnished under this subdivision. Intoxicating liquor may be furnished at the time the holder of the coliseum suite occupies the coliseum suite, but for purposes of this chapter, the sale of intoxicating liquor furnished under this subdivision is considered to occur at the time and place that the holder pays for the intoxicating liquor. Notwithstanding s. 125.68 (4) (c), the holder of a coliseum suite may pay for the intoxicating liquor at any time if he or she pays in accordance with an agreement with the person operating the coliseum or with the concessionaire. An individual who stocks or accepts payment for alcohol beverages under this subdivision shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company, or the holder of a manager’s or operator’s license or operator’s permit, or be supervised by one of those individuals.
73,26euSection 26eu. 125.51 (3) (f) of the statutes is amended to read: 125.51 (3) (f) A “Class B” license may be issued only to a holder of a retail Class “B” license to sell fermented malt beverages unless the “Class B” license is the kind of “Class B” license specified under par. (am) or is a temporary “Class B” license under sub. (10).
73,26evSection 26ev. 125.51 (3m) (a) of the statutes is repealed. 73,26ewSection 26ew. 125.51 (3m) (c) of the statutes is amended to read: 125.51 (3m) (c) A Except as provided under s. 125.69, a “Class C” license may be issued to a person qualified under s. 125.04 (5) for a restaurant in which the sale of alcohol beverages accounts for less than 50 percent of gross receipts and which does not have a barroom or for a restaurant in which the sale of alcohol beverages accounts for less than 50 percent of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold. A “Class C” license may not be issued to a foreign corporation, a foreign limited liability company or, except a person acting as an agent for or in the employ of another.
73,26exSection 26ex. 125.51 (3r) (a) 3. of the statutes is amended to read: 125.51 (3r) (a) 3. Prior to the opened, partially consumed bottle of wine being taken off the licensed premises, the licensee securely reinserts the cork into the bottle to the point where the top of the cork is even with the top of the bottle, or securely reattaches the original cap to the bottle, and the cork is reinserted or the cap is reattached at a time other than during the time period specified in s. 125.68 (4) (c) 3.
73,26eySection 26ey. 125.51 (3r) (b) of the statutes is amended to read: 125.51 (3r) (b) This subsection does not apply to a “Class B” license issued to a winery under sub. (3) (am). Nothing in this subsection restricts a licensee’s authorization for retail sales of wine under subs. (3) (a) and (b) and (3m) (b).
73,26ezSection 26ez. 125.51 (4) (a) 1. of the statutes is amended to read: 125.51 (4) (a) 1. “License” means a retail “Class B” license issued under sub. (3) but does not include a “Class B” license issued to wineries under sub. (3) (am).
73,26fbSection 26fb. 125.51 (4) (e) 1. of the statutes is amended to read: 125.51 (4) (e) 1. A municipality may make a request to another municipality that is contiguous with, or within 2 miles of, located in whole or in part in the same county as the requesting municipality that the other municipality transfer a reserve “Class B” license to the requesting municipality. If the request is granted, the reserve “Class B” license shall be transferred.
73,26fcSection 26fc. 125.51 (4) (v) 5. of the statutes is created to read: 125.51 (4) (v) 5. An event venue certified by the division under s. 125.24 (5) (b). Except as provided in this subdivision, a license may not be issued under this subdivision unless the license application is received by the municipality no later than the first day of the 7th month beginning after the effective date of this subdivision .... [LRB inserts date]. Except as provided in this subdivision, if a “Class B” license issued under this subdivision is surrendered to the issuing municipality, not renewed, or revoked, the municipality may not reissue the license. The municipality may reissue the license if the licensee sells or transfers ownership of the licensed premises or a business operated on the licensed premises and the license is surrendered or not renewed in connection with the sale or transfer of the property or business, the licensee continued to operate the licensed premises as a qualifying event venue, as defined in s. 125.24 (5) (a), from the time of license issuance until the time the license is surrendered or not renewed, the license is reissued for the same location, and the applicant for reissuance of the license satisfies the requirements under this chapter to hold the license and certifies to the municipality that the applicant will continue to operate the licensed premises as a qualifying event venue, as defined in s. 125.24 (5) (a).
73,26fdSection 26fd. 125.51 (5) (a) 1. of the statutes is amended to read: 125.51 (5) (a) 1. The department division 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 division 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.
73,26feSection 26fe. 125.51 (5) (a) 4. of the statutes is amended to read: 125.51 (5) (a) 4. The department division 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.
73,26ffSection 26ff. 125.51 (5) (b) 2. of the statutes is amended to read: 125.51 (5) (b) 2. The department division 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 division 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.
73,26fgSection 26fg. 125.51 (5) (b) 4. of the statutes is amended to read: 125.51 (5) (b) 4. The department division may not issue a permit under this paragraph to any county or municipality or officer or employee thereof.
73,26fhSection 26fh. 125.51 (5) (c) 1. of the statutes is amended to read: 125.51 (5) (c) 1. The department division 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. 29.001 (45) and (63) 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 percent 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 percent of the gross receipts of the vessel. The department division 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 division upon request.
73,26fiSection 26fi. 125.51 (5) (d) 2. of the statutes is amended to read: 125.51 (5) (d) 2. Upon application, the department division 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 intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. The permit also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed 4 liters at any one time, to be consumed off the premises where sold, except that wine is not subject to the 4-liter limitation.
73,26fjSection 26fj. 125.51 (5) (f) 2. and 5. of the statutes are amended to read: 125.51 (5) (f) 2. The department division may issue “Class B” permits for locations within racetrack grounds to any person that holds a valid certificate issued under s. 73.03 (50), that is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the racetrack grounds or is designated by the owner or operator of the racetrack grounds to operate premises located within the racetrack grounds. Subject to subd. 4., the permit authorizes the retail sale of intoxicating liquor, by the glass and not in the original package or container, on the premises covered by the permit, for consumption anywhere within the racetrack grounds. If the department division issues more than one permit under this paragraph for the same racetrack grounds, no part of the premises covered by a permit under this paragraph may overlap with premises covered by any other permit issued under this paragraph.
5. The department division shall establish a fee for a permit issued under this paragraph in the amount of 50 percent of the fee for a permit issued under par. (a).
73,26fkSection 26fk. 125.52 (1) (a) of the statutes is amended to read: 125.52 (1) (a) The department division 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 and bottle wine, pursuant to the terms of the permit, without procuring a winery permit.
73,26fmSection 26fm. 125.52 (1) (b) 1. of the statutes is renumbered 125.52 (1) (b) (intro.) and amended to read: 125.52 (1) (b) (intro.) A manufacturer’s or rectifier’s permit entitles authorizes the permittee to engage in any of the following activities:
1. To sell intoxicating liquor in original unopened packages or containers to wholesalers holding a permit under s. 125.54,.
2. To sell or transfer, in bulk or in any state of packaging, intoxicating liquor to wineries holding a permit under s. 125.53, and to other manufacturers and rectifiers holding a permit under this section, from the premises described in the permit. Except as provided in subd. 2., no sales may be made for consumption on the premises of the permittee.
73,26fnSection 26fn. 125.52 (1) (b) 2. of the statutes is renumbered 125.52 (1) (b) 6. and amended to read: 125.52 (1) (b) 6. Notwithstanding s. 125.09 (1), a manufacturer’s or rectifier’s permit authorizes the retail sale of intoxicating liquor that is manufactured or rectified on the premises, for consumption on or off the premises. A manufacturer’s or rectifier’s permit also authorizes the provision of To provide taste samples, free of charge and in an amount not exceeding a total of 1.5 fluid ounces to any one person, of intoxicating liquor that is manufactured or rectified on the premises, for consumption on the premises. The department may prescribe additional regulations for the sale of intoxicating liquor under this subdivision, if the additional regulations do not conflict with the requirements applicable to holders of “Class B” licenses. Notwithstanding any other provision of this chapter, the authorization under this subdivision applies with respect to a person who holds any permit under this section, a winery permit under s. 125.53, and either a “Class A” license or a “Class B” license issued under s. 125.51 (3) (am), all issued for the same premises or portions of the same premises, on the manufacturer’s or rectifier’s premises or at the manufacturer’s or rectifier’s full-service retail outlet if the taste samples are of alcohol beverages the manufacturer or rectifier is authorized to sell under sub. (4) (c), or as authorized under s. 125.69 (9).
73,26foSection 26fo. 125.52 (1) (b) 3., 4. and 5. of the statutes are created to read: 125.52 (1) (b) 3. To transfer intoxicating liquor to, or receive intoxicating liquor from, another manufacturer or rectifier holding a permit under this section or a winery holding a permit under s. 125.53, in bulk or in any state of packaging, for purposes of further manufacturing, bottling, or storage.
4. To sell, ship, transport, and deliver intoxicating liquor, in bulk or in any state of packaging, that has been manufactured by the manufacturer or rectifier to another manufacture or rectifier holding a permit under this section.
5. To transport intoxicating liquor between the production premises and any depot, warehouse, or full-service retail outlet maintained by the manufacturer or rectifier or other premises for which the manufacturer or rectifier holds a permit under this chapter.
73,26fpSection 26fp. 125.52 (2) of the statutes is amended to read: 125.52 (2) Limited manufacturer’s permit. The department division 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 division shall notify the department of natural resources of the name and address of any person to whom a limited manufacturer’s permit is issued.
