AB304: Bill Text

AB304,185 Section 185. 125.51 (3m) (a) of the statutes is repealed.

AB304,186 Section 186. 125.51 (3m) (c) of the statutes is amended to read:

AB304,,633 125.51 (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.

AB304,187 Section 187. 125.51 (3r) (a) 3. of the statutes is amended to read:

AB304,,635 125.51 (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.

AB304,188 Section 188. 125.51 (3r) (b) of the statutes is amended to read:

AB304,,637 125.51 (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).

AB304,189 Section 189. 125.51 (4) (a) 1. of the statutes is amended to read:

AB304,,639 125.51 (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).

AB304,190 Section 190. 125.51 (4) (e) 1. of the statutes is amended to read:

AB304,,641 125.51 (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.

AB304,191 Section 191. 125.51 (4) (v) 5. of the statutes is created to read:

AB304,,643 125.51 (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).

AB304,192 Section 192. 125.51 (5) (a) 1. of the statutes is amended to read:

AB304,,645 125.51 (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.

AB304,193 Section 193. 125.51 (5) (a) 4. of the statutes is amended to read:

AB304,,647 125.51 (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.

AB304,194 Section 194. 125.51 (5) (b) 2. of the statutes is amended to read:

AB304,,649 125.51 (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.

AB304,195 Section 195. 125.51 (5) (b) 4. of the statutes is amended to read:

AB304,,651 125.51 (5) (b) 4. The department division may not issue a permit under this paragraph to any county or municipality or officer or employee thereof.

AB304,196 Section 196. 125.51 (5) (c) 1. of the statutes is amended to read:

AB304,,653 125.51 (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.

AB304,197 Section 197. 125.51 (5) (d) 2. of the statutes is amended to read:

AB304,,655 125.51 (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.

AB304,198 Section 198. 125.51 (5) (f) 2. and 5. of the statutes are amended to read:

AB304,,657 125.51 (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.

AB304,,658 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).

AB304,199 Section 199. 125.52 (1) (a) of the statutes is amended to read:

AB304,,660 125.52 (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.

AB304,200 Section 200. 125.52 (1) (b) 1. of the statutes is renumbered 125.52 (1) (b) (intro.) and amended to read:

AB304,,662 125.52 (1) (b) (intro.) A manufacturer’s or rectifier’s permit entitles authorizes the permittee to engage in any of the following activities:

AB304,,663 1. To sell intoxicating liquor in original unopened packages or containers to wholesalers holding a permit under s. 125.54,.

AB304,,664 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.

AB304,201 Section 201. 125.52 (1) (b) 2. of the statutes is renumbered 125.52 (1) (b) 6. and amended to read:

AB304,,666 125.52 (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).

AB304,202 Section 202. 125.52 (1) (b) 3., 4. and 5. of the statutes are created to read:

AB304,,668 125.52 (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.

AB304,,669 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.

AB304,,670 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.

AB304,203 Section 203. 125.52 (2) of the statutes is amended to read:

AB304,,672 125.52 (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.

AB304,204 Section 204. 125.52 (4) and (5) of the statutes are created to read:

AB304,,674 125.52 (4) Retail sales; full-service retail outlets. (a) 1. Notwithstanding ss. 125.04 (9) and 125.09 (1), a manufacturer or rectifier may make retail sales, on the manufacturing or rectifying premises, of intoxicating liquor that has been manufactured or rectified by the manufacturer or rectifier on the manufacturing or rectifying premises or on other premises of the manufacturer or rectifier, for on-premises or off-premises consumption.

AB304,,675 2. Notwithstanding ss. 125.04 (9) and 125.09 (1), if a manufacturer or rectifier produced, on all manufacturing or rectifying premises operated by the manufacturer or rectifier in this state, a cumulative total of at least 1,500 liters of intoxicating liquor in any one of the 3 preceding calendar years, the manufacturer or rectifier may engage in full-service retail sales on the manufacturing or rectifying premises.

AB304,,676 (b) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to pars. (d) and (g), if a manufacturer or rectifier produced, on all manufacturing or rectifying premises operated by the manufacturer or rectifier in this state, a cumulative total of at least 1,500 liters of intoxicating liquor in any one of the 3 preceding calendar years, the manufacturer or rectifier may engage in full-service retail sales at off-site locations identified in the manufacturer’s or rectifier’s permit. Subject to pars. (f) and (g), the number of retail sales locations a manufacturer or rectifier is allowed in addition to the manufacturing or rectifying premises is determined by the cumulative volume of intoxicating liquor the manufacturer or rectifier produced on all manufacturing or rectifying premises operated by the manufacturer or rectifier in this state in any one of the 3 preceding calendar years, as follows:

AB304,,677 1. If the manufacturer’s or rectifier’s cumulative volume in a year was at least 1,500 liters of intoxicating liquor but less than 5,000 liters of intoxicating liquor, the manufacturer or rectifier may establish one full-service retail outlet.

AB304,,678 2. If the manufacturer’s or rectifier’s cumulative volume in a year was at least 5,000 liters of intoxicating liquor but less than 35,000 liters of intoxicating liquor, the manufacturer or rectifier may establish not more than 2 full-service retail outlets.

AB304,,679 3. If the manufacturer’s or rectifier’s cumulative volume in a year was at least 35,000 liters of intoxicating liquor, the manufacturer or rectifier may establish not more than 3 full-service retail outlets.

AB304,,680 (c) 1. Except as provided in subd. 2. and par. (f), a manufacturer or rectifier may make full-service retail sales of alcohol beverages on the manufacturing or rectifying premises and at any of its full-service retail outlets only if the alcohol beverages were purchased by the manufacturer or rectifier from a wholesaler holding a permit under s. 125.28 or 125.54, from a brewer authorized to make sales to retailers under s. 125.29 (3m), from a brewpub authorized to make sales to retailers under s. 125.295 (1) (g), or from a permittee under s. 125.30 authorized to make sales to retailers under s. 125.30 (4).

AB304,,681 2. A manufacturer or rectifier is not required to purchase from another permittee intoxicating liquor produced by the manufacturer or rectifier that the manufacturer or rectifier sells at retail on the manufacturing or rectifying premises or at a full-service retail outlet of the manufacturer or rectifier.

AB304,,682 3. Subject to subd. 2. and par. (f), a manufacturer or rectifier engaged in full-service retail sales on manufacturing or rectifying premises or at a full-service retail outlet of the manufacturer or rectifier is subject to ss. 125.33 (9) and 125.69 (6) to the same extent as if the manufacturer or rectifier were a retail licensee.

AB304,,683 (d) 1. A manufacturer or rectifier may not commence sales of alcohol beverages at a full-service retail outlet unless, prior to commencing such sales, the manufacturer or rectifier receives approval from the municipality in which the full-service retail outlet is located and from the division as provided in par. (g).

AB304,,684 2. Subject to par. (f), a municipality may limit the scope of alcohol beverages offered for sale at a full-service retail outlet only with respect to alcohol beverages that are not of the same type as those produced by the person holding the manufacturer’s or rectifier’s permit. A municipality may not limit the sale, at a full-service retail outlet, of alcohol beverages produced by the person holding the manufacturer’s or rectifier’s permit. If a municipality limits the scope of alcohol beverages offered for sale, the provision of taste samples is limited to those alcohol beverages authorized to be sold.

AB304,,685 3. Except as provided in subd. 2., a municipality’s approval under subd. 1. shall be based on the same standards and criteria that the municipality has established by ordinance for the evaluation and approval of retail license applications. A municipality may not impose any requirement or restriction in connection with the approval under subd. 1. that the municipality does not impose on retail licensees.

AB304,,686 (e) 1. A manufacturer or rectifier may operate a restaurant at any full-service retail outlet under this subsection and on the manufacturing or rectifying premises.

AB304,,687 2. If the manufacturer or rectifier operates a restaurant as provided in subd. 1. and is authorized under this subsection to make retail sales of wine at the restaurant, the manufacturer or rectifier may make retail sales of wine in an opened original bottle, in a quantity not to exceed one bottle, for consumption both at the restaurant and away from the restaurant if all of the following apply:

AB304,,688 a. The purchaser of the wine orders food to be consumed at the restaurant.

AB304,,689 b. The manufacturer or rectifier provides a dated receipt that identifies the purchase of the food and the bottle of wine.

AB304,,690 c. Prior to the opened, partially consumed bottle of wine being taken away from the restaurant, the manufacturer or rectifier 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 hours in which the manufacturer or rectifier is prohibited under sub. (5) (b) from making retail sales for off-premises consumption.

AB304,,691 (f) 1. If a manufacturer or rectifier may establish one or more full-service retail outlets under pars. (b) and (g) and the manufacturer or rectifier also holds a brewer’s permit or winery permit or both and, as such, may establish full-service retail outlets under s. 125.29 (7) (b) and (g) or 125.53 (3) (b) and (g), the aggregate number of full-service retail outlets that may be established is the maximum number authorized under par. (b), under s. 125.29 (7) (b), or under s. 125.53 (3) (b), whichever is greatest, but not exceeding 3 full-service retail outlets. Under these circumstances, each authorized full-service retail outlet shall serve as the full-service retail outlet associated with each applicable permit, regardless of whether the permittee would otherwise be entitled to fewer full-service retail outlets when calculated under par. (b) or s. 125.29 (7) (b) or 125.53 (3) (b).

AB304,,692 2. If a manufacturer or rectifier may engage in full-service retail sales on the manufacturing or rectifying premises as provided in par. (a) 2. and the manufacturer or rectifier also holds a brewer’s permit or winery permit or both, the manufacturer or rectifier may make retail sales on the manufacturing or rectifying premises of fermented malt beverages produced under its brewer’s permit or wine produced under its winery permit without first purchasing the fermented malt beverages or wine from a wholesaler holding a permit under s. 125.28 or 125.54 or receiving the fermented malt beverages under authorization of s. 125.29 (3m) (b), 125.295 (1) (g), or 125.30 (4).

AB304,,693 3. If a person holds more than one manufacturer’s permit or rectifier’s permit under this section, or more than one combination permit authorized under s. 125.55 (1), the retail sales authority under this subsection for manufacturing or rectifying premises applies with respect to each permit, but the limit on full-service retail outlets is an aggregate maximum, regardless of the number of permits held.

AB304,,694 (g) 1. An application for a manufacturer’s or rectifier’s permit, including an application for an amendment to the manufacturer’s or rectifier’s permit, shall specify each full-service retail outlet of the manufacturer or rectifier and particularly describe the premises of the full-service retail outlet.

AB304,,695 2. The division shall establish a process for approval of a manufacturer’s or rectifier’s full-service retail outlet and for revocation of this approval. The division shall approve a manufacturer’s or rectifier’s full-service retail outlet, and may not revoke this approval, unless the manufacturer or rectifier has violated a provision of this chapter related to full-service retail outlets. The division’s failure to approve, or revocation of approval of, a full-service retail outlet described in a manufacturer’s or rectifier’s application or permit does not affect any other full-service retail outlet or the manufacturing or rectifying premises as described in the application or permit.

AB304,,696 3. If the division approves a full-service retail outlet, the manufacturer’s or rectifier’s permit, as initially issued or as amended, shall particularly describe the premises constituting the full-service retail outlet, which shall be considered part of the premises under the manufacturer’s or rectifier’s permit.

AB304,,697 4. If the division approves a full-service retail outlet, the agent appointed under s. 125.04 (6) for the manufacturer’s or rectifier’s permit shall also serve as the agent for the full-service retail outlet.

AB304,,698 5. Section 125.04 (12) (a) does not apply to a manufacturer’s or rectifier’s full-service retail outlet. Upon notice to the division, a manufacturer or rectifier may relocate any full-service retail outlet to a new location within this state once per calendar year, except that one full-service retail outlet of a manufacturer or rectifier may be relocated without limitation on frequency in each calendar year.

AB304,,699 (5) Closing hours. (a) On a manufacturer’s or rectifier’s 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. (4) shall be subject to the same closing hours applicable to a Class “B” licensee under s. 125.32 (3) (a).

AB304,,700 (b) On a manufacturer’s or rectifier’s 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 manufacturing or rectifying premises or retail outlet is located may not make retail sales under s. 125.32 (3) (am) and (d).

AB304,,701 (c) No member of the public or invited guests may be present on a manufacturer’s or rectifier’s premises during the closing hours applicable to a Class “B” licensee under s. 125.32 (3) (a).

AB304,,702 (d) Activities authorized under a manufacturer’s or rectifier’s permit related to the production, shipment, transportation, or delivery of alcohol beverages may occur at any time.

AB304,205 Section 205. 125.52 (7) of the statutes is repealed.

AB304,206 Section 206. 125.53 (1) of the statutes is renumbered 125.53 (1) (a) (intro.) and amended to read:

AB304,,705 125.53 (1) (a) (intro.) The department division 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 permittee to engage in the following activities:

AB304,,706 1. The manufacture and bottling of wine on the premises covered by the permit for sale, in original unopened packages or containers, to wholesalers holding a permit under s. 125.54. A winery permit also authorizes the permittee to, on

AB304,,707 2. On the winery premises and without obtaining a rectifier’s permit, possess possessing intoxicating liquor and mix or blend mixing or blending intoxicating liquor to produce wine sold to wholesalers holding a permit under s. 125.54. A winery holding a permit under this section may offer on the premises, manufacturers or rectifiers holding a permit under s. 125.52, and wineries holding a permit under this section.

AB304,,708 7. The provision of free 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 one “Class A” license or one “Class B” license, but not both. The “Class A” license or “Class B” license may either be issued for the winery premises or for real estate owned or leased by the winery. If a “Class A” or “Class B” liquor license has also been issued to the winery, the winery may provide wine manufactured, mixed, or blended on the winery premises directly to the “Class A” or “Class B” premises and may offer the taste samples on the “Class A” or “Class B” premises on the winery premises or at the winery’s full-service retail outlet if the taste samples are of alcohol beverages the winery is authorized to sell under sub. (3) (c), or as authorized under s. 125.69 (9).

AB304,,709 (b) A winery holding a permit under this section may also make retail sales of wine, and provide taste samples of wine, on county or district fair fairgrounds as provided in s. 125.51 (10), but this wine sold at retail or provided as taste samples shall be purchased from a wholesaler holding a permit under s. 125.54.

AB304,207 Section 207. 125.53 (1) (a) 3., 4., 5. and 6. of the statutes are created to read:

AB304,,711 125.53 (1) (a) 3. The sale or transfer, in bulk or in any state of packaging, of wine to wineries holding a permit under this section and to manufacturers and rectifiers holding a permit under s. 125.52, from the winery premises.

AB304,,712 4. The sale, shipment, transportation, and delivery of wine, in bulk or in any state of packaging, that has been manufactured by the winery to another winery holding a permit under this section or a manufacturer or rectifier holding a permit under s. 125.52.

AB304,,713 5. The receipt of intoxicating liquor from another winery holding a permit under this section or a manufacturer or rectifier holding a permit under s. 125.52, in bulk or in any state of packaging, for purposes of further manufacturing, bottling, or storage.

AB304,,714 6. The transportation of wine between the winery premises and any depot, warehouse, or full-service retail outlet maintained by the winery or other premises for which the winery holds a permit under this chapter.

AB304,208 Section 208. 125.53 (3) and (4) of the statutes are created to read:

AB304,,716 125.53 (3) (a) 1. Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to subd. 3., a winery may make retail sales, on the winery premises, of wine that has been manufactured or bottled by the winery on the winery premises or on other premises of the winery, for on-premises or off-premises consumption.

AB304,,717 2. Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to subd. 3., if a winery manufactured or bottled, on all winery premises operated by the winery in this state, a cumulative total of at least 1,000 gallons of wine in any one of the 3 preceding calendar years, the winery may engage in full-service retail sales on the winery premises.

AB304,,718 3. If a winery held a “Class B” license immediately preceding the effective date of this subdivision .... [LRB inserts date], for a location other than the winery premises, that location shall be considered the winery premises for purposes of the retail sales authorization under subds. 1. and 2. and that location shall be in addition to any retail sales locations authorized under par. (b).

AB304,,719 (b) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to pars. (d) and (g), if a winery manufactured or bottled, on all winery premises operated by the winery in this state, a cumulative total of at least 1,000 gallons of wine in any one of the 3 preceding calendar years, the winery may engage in full-service retail sales at off-site locations identified in the winery permit. Subject to pars. (f) and (g), the number of retail sales locations a winery is allowed in addition to the winery premises is determined by the cumulative volume of wine the winery manufactured or bottled on all winery premises operated by the winery in this state in any one of the 3 preceding calendar years, as follows: