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SB268-SA2,52,2020 (c) A brewpub permit issued under s. 125.295.
SB268-SA2,52,2121 (d) A winery permit issued under s. 125.53.
SB268-SA2,52,2222 (e) A manufacturer's or rectifier's permit issued under s. 125.52.
SB268-SA2,52,2323 (f) An out-of-state shipper's permit issued under s. 125.30 or 125.58.
SB268-SA2,26bk 24Section 26bk. 125.275 (1) of the statutes is amended to read:
SB268-SA2,53,5
1125.275 (1) The department division may issue an industrial fermented malt
2beverages permit which authorizes the permittee to purchase and use fermented
3malt beverages for industrial purposes only. Such permits may be issued only to
4persons who prove to the department division that they use alcohol for industrial
5purposes and who holds a valid certificate issued under s. 73.03 (50).
SB268-SA2,26bm 6Section 26bm. 125.275 (2) (b) of the statutes is amended to read:
SB268-SA2,53,107 125.275 (2) (b) An industrial fermented malt beverages permit may not be
8issued to a person holding a wholesaler's permit issued under s. 125.28 or to a person
9who has a direct or indirect ownership an interest in a premises operating under a
10wholesaler's permit issued
permittee under s. 125.28.
SB268-SA2,26bn 11Section 26bn. 125.275 (3) of the statutes is amended to read:
SB268-SA2,53,1412 125.275 (3) Shipments of industrial fermented malt beverages shall be
13conspicuously labeled “for industrial purposes" and shall meet other requirements
14which the department division prescribes by rule.
SB268-SA2,26bo 15Section 26bo. 125.28 (1) (a) of the statutes is amended to read:
SB268-SA2,53,2116 125.28 (1) (a) Subject to par. (b), the department division may issue permits to
17wholesalers for the sale of fermented malt beverages from premises within this state,
18which premises shall comply with the requirements under s. 125.34 (2). Subject to
19s. 125.34, and except as provided in pars. (e) and (f), a wholesaler's permit authorizes
20sales of fermented malt beverages only in original packages or containers to retailers
21or wholesalers.
SB268-SA2,26bp 22Section 26bp. 125.28 (1) (b) of the statutes is amended to read:
SB268-SA2,54,823 125.28 (1) (b) If a wholesaler does not maintain any warehouse in this state but
24is licensed and maintains a warehouse in an adjoining state that allows wholesalers
25holding a wholesaler's permit in this state to deliver fermented malt beverages to

1retailers in the adjoining state without warehousing in that state and that further
2requires that all fermented malt beverages be first unloaded and physically at rest
3at, and distributed from, the warehouse of the licensed wholesaler in that state, the
4wholesaler's permit shall be issued by the department division. Notwithstanding s.
5125.04 (5) (a) 2. and (c) and (6), the department division may issue the wholesaler's
6permit to a wholesaler described in this paragraph who is a natural person and not
7a resident of this state or that is a corporation or limited liability company and has
8not appointed an agent in this state.
SB268-SA2,26bq 9Section 26bq. 125.28 (2) (b) (intro.) of the statutes is amended to read:
SB268-SA2,54,1110 125.28 (2) (b) (intro.) A Subject to s. 125.20 (6), a wholesaler's permit may not
11be issued to any of the following:
SB268-SA2,26br 12Section 26br. 125.28 (2) (b) 1. a. of the statutes is amended to read:
SB268-SA2,54,1413 125.28 (2) (b) 1. a. A Class “A" license issued under s. 125.25 or “Class A” license
14issued under s. 125.51 (2)
.
SB268-SA2,26bs 15Section 26bs. 125.28 (2) (b) 1. b. of the statutes is amended to read:
SB268-SA2,54,1716 125.28 (2) (b) 1. b. A Class “B" license issued under s. 125.26, “Class B” license
17issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m)
.
SB268-SA2,26bt 18Section 26bt. 125.28 (2) (b) 1. c. of the statutes is amended to read:
SB268-SA2,54,2019 125.28 (2) (b) 1. c. A Class “B" permit issued under s. 125.27 or “Class B” permit
20issued under s. 125.51 (5)
.
SB268-SA2,26bu 21Section 26bu. 125.28 (2) (b) 1. g., h. and i. of the statutes are created to read:
SB268-SA2,54,2222 125.28 (2) (b) 1. g. A winery permit issued under s. 125.53.
SB268-SA2,54,2323 h. A manufacturer's or rectifier's permit issued under s. 125.52.
SB268-SA2,54,2424 i. An out-of-state shipper's permit issued under s. 125.30 or 125.58.
SB268-SA2,26bv 25Section 26bv. 125.28 (2) (b) 1. j. of the statutes is created to read:
SB268-SA2,55,1
1125.28 (2) (b) 1. j. A no-sale event venue permit issued under s. 125.24.
SB268-SA2,26bw 2Section 26bw. 125.28 (2) (b) 2. of the statutes is amended to read:
SB268-SA2,55,53 125.28 (2) (b) 2. Except as provided in s. 125.33 (2m) Subject to s. 125.20 (6),
4a person who has a direct or indirect ownership an interest in a premises operating
5under
person holding one or more of the licenses or permits listed in subd. 1. a. to f.
SB268-SA2,26bx 6Section 26bx. 125.28 (2) (e) of the statutes is repealed.
SB268-SA2,26by 7Section 26by. 125.28 (4) of the statutes is amended to read:
SB268-SA2,55,138 125.28 (4) The amount of the permit fee shall be established by the department
9division and shall be an amount that is sufficient to fund one special agent position
10dedicated to alcohol and tobacco enforcement at in the department division, but the
11permit fee may not exceed $2,500 per year or fractional part thereof. All permit fees
12received under this subsection shall be credited to the appropriation account under
13s. 20.566 (1) (hd).
SB268-SA2,26cc 14Section 26cc. 125.28 (5) (b) of the statutes is amended to read:
SB268-SA2,55,2115 125.28 (5) (b) A wholesaler under this section shall annually sell and deliver
16fermented malt beverages to at least 25 retail licensees or other wholesalers that do
17not have any direct or indirect an interest in each other or in the wholesaler. The
18department division may not issue a permit under this section unless the applicant
19represents to the department division an intention to satisfy this requirement, and
20may not renew a permit issued under this section unless the wholesaler
21demonstrates that this requirement has been satisfied.
SB268-SA2,26cd 22Section 26cd. 125.28 (5) (d) 3. of the statutes is amended to read:
SB268-SA2,55,2523 125.28 (5) (d) 3. This paragraph shall not affect the authority of any
24municipality or the department division to revoke, suspend, or refuse to renew or
25issue a license or permit under s. 125.12.
SB268-SA2,26ce
1Section 26ce. 125.28 (5) (e) of the statutes is amended to read:
SB268-SA2,56,112 125.28 (5) (e) The department division shall promulgate rules to administer
3and enforce the requirements under this subsection. The rules shall ensure
4coordination between the department's division's issuance and renewal of permits
5under this section and its enforcement of the requirements of this subsection, and
6shall require that all applications for issuance or renewal of permits under this
7section be processed by department division personnel generally familiar with
8activities of fermented malt beverages wholesalers. The department division shall
9establish by rule minimum requirements for warehouse facilities on premises
10described in permits issued under this section and for periodic site inspections by the
11department division of such warehouse facilities.
SB268-SA2,26cf 12Section 26cf. 125.29 (1) of the statutes is amended to read:
SB268-SA2,56,1513 125.29 (1) Permit. No person may operate as a brewer unless that person
14obtains a permit from the department division. A permit under this section may only
15be issued to a person who holds a valid certificate issued under s. 73.03 (50).
SB268-SA2,26cg 16Section 26cg. 125.29 (2) (a) of the statutes is repealed and recreated to read:
SB268-SA2,56,1917 125.29 (2) (a) Subject to s. 125.20 (6), a brewer's permit may not be issued to
18any person who holds, or has an interest in a licensee or permittee holding, any of
19the following:
SB268-SA2,56,2120 1. A Class “A" license issued under s. 125.25 or “Class A” license issued under
21s. 125.51 (2).
SB268-SA2,56,2322 2. A Class “B" license issued under s. 125.26, “Class B” license issued under s.
23125.51 (3), or “Class C” license issued under s. 125.51 (3m).
SB268-SA2,56,2524 3. A Class “B" permit issued under s. 125.27 or “Class B” permit issued under
25s. 125.51 (5).
SB268-SA2,57,2
14. Except as provided in par. (c), a wholesaler's permit issued under s. 125.28
2or 125.54.
SB268-SA2,57,33 5. A brewpub permit issued under s. 125.295.
SB268-SA2,26ch 4Section 26ch. 125.29 (2) (a) 6. of the statutes is created to read:
SB268-SA2,57,55 125.29 (2) (a) 6. A no-sale event venue permit under s. 125.24.
SB268-SA2,26ci 6Section 26ci. 125.29 (2) (b) 1. and 2. of the statutes are repealed.
SB268-SA2,26cj 7Section 26cj. 125.29 (2) (b) 3. of the statutes is renumbered 125.29 (2) (c).
SB268-SA2,26ck 8Section 26ck. 125.29 (3) (intro.) of the statutes is amended to read:
SB268-SA2,57,109 125.29 (3) Authorized activities. (intro.) The department division shall issue
10brewer's permits to eligible applicants authorizing all of the following:
SB268-SA2,26cm 11Section 26cm. 125.29 (3) (c) of the statutes is amended to read:
SB268-SA2,57,1512 125.29 (3) (c) The transportation of fermented malt beverages between the
13brewery premises and any depot or, warehouse, or full-service retail outlet
14maintained by the brewer, off-site retail outlet established by the brewer, or other
15premises for which the brewer holds a permit under this chapter
.
SB268-SA2,26cn 16Section 26cn. 125.29 (3) (dm) of the statutes is created to read:
SB268-SA2,57,2017 125.29 (3) (dm) The sale, shipment, transportation, and delivery of fermented
18malt beverages, in bulk or in any state of packaging, that have been manufactured
19by the brewer to another brewer holding a permit under this section, and the receipt
20of the fermented malt beverages by the other brewer.
SB268-SA2,26co 21Section 26co. 125.29 (3) (e) of the statutes is amended to read:
SB268-SA2,58,222 125.29 (3) (e) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to sub.
23(7) (h),
the retail sale of fermented malt beverages that have been manufactured on
24the brewery premises or on other premises of the brewer for on-premise consumption

1by individuals at the brewery premises or an off-site retail outlet established by the
2brewer.
SB268-SA2,26cp 3Section 26cp. 125.29 (3) (f) of the statutes is amended to read:
SB268-SA2,58,94 125.29 (3) (f) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to sub.
5(7) (h),
the retail sale to individuals of fermented malt beverages, in original
6unopened packages or containers, that have been manufactured on the brewery
7premises or on other premises of the brewer for off-premise consumption by
8individuals, if the sale occurs at the brewery premises or at an off-site retail outlet
9established by the brewer.
SB268-SA2,26cq 10Section 26cq. 125.29 (3) (g) of the statutes is repealed.
SB268-SA2,26cr 11Section 26cr. 125.29 (3) (h) of the statutes is renumbered 125.29 (3) (h) (intro.)
12and amended to read:
SB268-SA2,58,1613 125.29 (3) (h) (intro.) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail
14sale of intoxicating liquor, for on-premise on-premises consumption by individuals
15at the brewery premises or an off-site retail outlet established by the brewer, if all
16of
the following apply:
SB268-SA2,58,18 171. The brewer held, on June 1, 2011, a license or permit authorizing the retail
18sale of intoxicating liquor and if at the location.
SB268-SA2,58,20 192. The intoxicating liquor has been purchased by the brewer from a wholesaler
20holding a permit under s. 125.54.
SB268-SA2,26cs 21Section 26cs. 125.29 (3) (h) 3. of the statutes is created to read:
SB268-SA2,58,2322 125.29 (3) (h) 3. The brewer is not eligible to make full-service retail sales
23under sub. (7) at the location.
SB268-SA2,26ct 24Section 26ct. 125.29 (3) (i) of the statutes is amended to read:
SB268-SA2,59,4
1125.29 (3) (i) The provision of free taste samples on the brewery premises, at
2an off-site retail outlet established by the brewer, or at the brewer's full-service
3retail outlet if the taste samples are of alcohol beverages the brewer is authorized to
4sell under sub. (3) (e) and (f) or (7) (c)
or as authorized under s. 125.33 (12).
SB268-SA2,26cu 5Section 26cu. 125.29 (6) of the statutes is amended to read:
SB268-SA2,59,156 125.29 (6) Restaurants. A brewer may operate a restaurant on the brewery
7premises and, at an off-site retail outlet established by the brewer. A brewer may
8not operate a restaurant at any other location except that a brewer may possess or
9hold an indirect interest in a Class “B" license for not more than 20 restaurants in
10each of which the sale of alcohol beverages accounts for less than 60 percent of the
11restaurant's gross receipts if no fermented malt beverages manufactured by the
12brewer are offered for sale in any of these restaurants
, and at any full-service retail
13outlet under sub. (7). Unless engaged in retail sales under sub. (7), a brewer
14operating a restaurant may only sell alcohol beverages that have been manufactured
15under the brewer's own brewer's permit
.
SB268-SA2,26cv 16Section 26cv. 125.29 (7) and (8) of the statutes are created to read:
SB268-SA2,59,2117 125.29 (7) Retail sales; full-service retail outlets. (a) 1. Notwithstanding
18ss. 125.04 (9) and 125.09 (1), a brewer may make retail sales, on the brewery
19premises, of fermented malt beverages that have been manufactured by the brewer
20on the brewery premises or on other premises of the brewer, for on-premises or
21off-premises consumption.
SB268-SA2,59,2522 2. Notwithstanding ss. 125.04 (9) and 125.09 (1), if a brewer manufactured, on
23all brewery premises operated by the brewer in this state, a cumulative total of at
24least 250 barrels of fermented malt beverages in any one of the 3 preceding calendar
25years, the brewer may engage in full-service retail sales on the brewery premises.
SB268-SA2,60,9
1(b) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to pars. (d) and
2(g), if a brewer manufactured, on all brewery premises operated by the brewer in this
3state, a cumulative total of at least 250 barrels of fermented malt beverages in any
4one of the 3 preceding calendar years, the brewer may engage in full-service retail
5sales at off-site locations identified in the brewer's permit. Subject to pars. (f) and
6(g), the number of retail sales locations a brewer is allowed in addition to the brewery
7premises is determined by the cumulative volume of fermented malt beverages the
8brewer manufactured on all brewery premises operated by the brewer in this state
9in any one of the 3 preceding calendar years, as follows:
SB268-SA2,60,1210 1. If the brewer's cumulative volume in a year was at least 250 barrels of
11fermented malt beverages but less than 2,500 barrels of fermented malt beverages,
12the brewer may establish one full-service retail outlet.
SB268-SA2,60,1513 2. If the brewer's cumulative volume in a year was at least 2,500 barrels of
14fermented malt beverages but less than 7,500 barrels of fermented malt beverages,
15the brewer may establish not more than 2 full-service retail outlets.
SB268-SA2,60,1816 3. If the brewer's cumulative volume in a year was at least 7,500 barrels of
17fermented malt beverages, the brewer may establish not more than 3 full-service
18retail outlets.
SB268-SA2,60,2519 (c) 1. Except as provided in subd. 2. and par. (f), a brewer may make full-service
20retail sales of alcohol beverages on the brewery premises and at any of its full-service
21retail outlets only if the alcohol beverages were purchased by the brewer from a
22wholesaler holding a permit under s. 125.28 or 125.54, from a brewer authorized to
23make sales to retailers under sub. (3m), from a brewpub authorized to make sales
24to retailers under s. 125.295 (1) (g), or from a permittee under s. 125.30 authorized
25to make sales to retailers under s. 125.30 (4).
SB268-SA2,61,3
12. A brewer is not required to purchase from another permittee fermented malt
2beverages manufactured by the brewer that the brewer sells at retail on the brewery
3premises or at a full-service retail outlet of the brewer.
SB268-SA2,61,64 3. Subject to subd. 2. and par. (f), a brewer engaged in full-service retail sales
5on brewery premises or at a full-service retail outlet of the brewer is subject to ss.
6125.33 (9) and 125.69 (6) to the same extent as if the brewer were a retail licensee.
SB268-SA2,61,107 (d) 1. A brewer may not commence sales of alcohol beverages at a full-service
8retail outlet unless, prior to commencing such sales, the brewer receives approval
9from the municipality in which the full-service retail outlet is located and from the
10division as provided in par. (g).
SB268-SA2,61,1811 2. Subject to par. (f), a municipality may limit the scope of alcohol beverages
12offered for sale at a full-service retail outlet only with respect to alcohol beverages
13that are not of the same type as those produced by the person holding the brewer's
14permit. A municipality may not limit the sale, at a full-service retail outlet, of
15alcohol beverages produced by the person holding the brewer's permit. A
16municipality may not limit the scope of alcohol beverages offered for sale under sub.
17(3) (h). If a municipality limits the scope of alcohol beverages offered for sale, the
18provision of taste samples is limited to those alcohol beverages authorized to be sold.
SB268-SA2,61,2319 3. Except as provided in subd. 2., a municipality's approval under subd. 1. shall
20be based on the same standards and criteria that the municipality has established
21by ordinance for the evaluation and approval of retail license applications. A
22municipality may not impose any requirement or restriction in connection with the
23approval under subd. 1. that the municipality does not impose on retail licensees.
SB268-SA2,62,324 (e) If a brewer operates a restaurant as provided in sub. (6) and is authorized
25under this subsection to make retail sales of wine at the restaurant, the brewer may

1make retail sales of wine in an opened original bottle, in a quantity not to exceed one
2bottle, for consumption both at the restaurant and away from the restaurant if all
3of the following apply:
SB268-SA2,62,44 1. The purchaser of the wine orders food to be consumed at the restaurant.
SB268-SA2,62,65 2. The brewer provides a dated receipt that identifies the purchase of the food
6and the bottle of wine.
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