Chapter 125

125.24(3)(e) (e) A manufacturer’s or rectifier’s permit issued under s. 125.52.

125.24(3)(f) (f) An out-of-state shipper’s permit issued under s. 125.30 or 125.58.

125.24(4) (4) Exception for permittee applying for retail license. Notwithstanding any operating limitation in sub. (1) or (2), a permittee under this section that has applied for and is actively seeking a Class “B” or “Class B” license for the event venue covered by the no-sale event venue permit may, for 6 months after the date of the Class “B” or “Class B” license application, continue to operate in a manner similar to the manner in which it operated in the immediately preceding 12-month period if all of the following apply:

125.24(4)(a) (a) The permittee has determined that it can no longer operate under the no-sale event venue permit.

125.24(4)(b) (b) The permittee has provided notice to the division of the application for a Class “B” or “Class B” license.

125.24(4)(c) (c) The permittee has not previously held a no-sale event venue permit for which the permittee provided notice under par. (b).

125.24(5) (5) Quota exception for qualifying persons who opt out of no-sale event venue permit.

125.24(5)(a) (a) In this subsection, “qualifying event venue” means real property that is rented or leased for use as an event venue for private events that satisfy all of the following requirements in the preceding 12-month period:

125.24(5)(a)1. 1. There were at least 5 events held at the venue at which no fewer than 50 invited guests attended.

125.24(5)(a)2. 2. The venue owner received at least $20,000 in revenue from renting or leasing the venue for the events under subd. 1.

125.24(5)(b) (b) Upon application, the division shall certify an owner of a qualifying event venue as eligible for the quota exception under s. 125.51 (4) (v) 5. if all of the following apply:

125.24(5)(b)1. 1. The qualifying event venue is in operation on January 1, 2026, and has been in operation for the 12-month period immediately preceding the date of the application.

125.24(5)(b)2. 2. The qualifying event venue has not been a “Class B” licensed premises at any time in the 12-month period immediately preceding the date of the application.

125.24(5)(b)3. 3. The owner of the qualifying event venue has not applied for a permit under this section.

125.24(5)(b)4. 4. The owner of the qualifying event venue provides documentation to the division that, in the absence of the exception under s. 125.51 (4) (v) 5., the municipality in which the qualifying event venue is located would be prohibited under s. 125.51 (4) (am) from issuing the owner a “Class B” license.

125.24(5)(b)5. 5. The owner of the qualifying event venue provides documentation to the division showing, and the division confirms, that the requirements under subd. 1. and par. (a) are satisfied.

125.24(5)(b)6. 6. The owner of the qualifying event venue provides notice to the division no later than March 2, 2026, that the owner is applying for a “Class B” license and is not seeking a no-sale event venue permit.

125.24(5)(c) (c) The division shall act on an application for certification under par. (b) within 30 days of receiving the application.

125.24(5)(d) (d) The division may not issue a certification under par. (b) after August 1, 2026.

Effective date note NOTE: This section is created eff. 1-1-26 by 2023 Wis. Act 73.

125.24 History History: 2023 a. 73.

subch. II of ch. 125 SUBCHAPTER II

FERMENTED MALT BEVERAGES

125.25 125.25 Class “A” licenses.

125.25(1) (1) Every municipal governing body may issue Class “A” licenses for the sale of fermented malt beverages from premises within the municipality. A Class “A” license authorizes retail sales of fermented malt beverages for consumption off the premises where sold and in original packages, containers, and bottles. A Class “A” license also authorizes the licensee to provide, free of charge, to customers and visitors who have attained the legal drinking age fermented malt beverages taste samples that are not in original packages, containers, or bottles and that do not exceed 3 fluid ounces each, for consumption on the Class “A” premises. No Class “A” licensee may provide more than 2 taste samples per day to any one person. Taste samples may be provided under this subsection only between the hours of 11 a.m. and 7 p.m. Any other provision of this chapter applicable to retail sales of fermented malt beverages by a Class “A” licensee also applies to the provision of taste samples, free of charge, of fermented malt beverages by a Class “A” licensee. A license may be issued after July 1. That license shall expire on the following June 30.

125.25(2) (2) 

125.25(2)(a) (a) Class “A” licenses 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.

125.25(2)(b) (b) Subject to s. 125.20 (6), a Class “A” license may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

125.25(2)(b)1. 1. A wholesaler’s permit issued under s. 125.28 or 125.54.

125.25(2)(b)2. 2. A brewer’s permit issued under s. 125.29.

125.25(2)(b)3. 3. A brewpub permit issued under s. 125.295.

125.25(2)(b)4. 4. A winery permit issued under s. 125.53.

125.25(2)(b)5. 5. A manufacturer’s or rectifier’s permit issued under s. 125.52.

125.25(2)(b)6. 6. An out-of-state shipper’s permit issued under s. 125.30 or 125.58.

125.25(3) (3) Class “A” licenses shall particularly describe the premises for which issued and are not transferable, except under s. 125.04 (12). A Class “A” license is subject to revocation for violation of any of the terms or provisions thereof.

125.25(4) (4) The fee for a Class “A” license shall be determined by the municipal governing body issuing the license. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.

125.25 History History: 1981 c. 79; 1989 a. 253; 1993 a. 378; 2003 a. 250; 2005 a. 103; 2007 a. 9, 20; 2011 a. 32; 2023 a. 73.

125.26 125.26 Class “B” licenses.

125.26(1) (1) Every municipal governing body may issue Class “B” licenses for the sale of fermented malt beverages from premises within the municipality and may authorize an official or body of the municipality to issue temporary Class “B” licenses under sub. (6). A Class “B” license authorizes retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises. A license may be issued after July 1. That license shall expire on the following June 30. Persons holding a Class “B” license may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.

125.26(2) (2) 

125.26(2)(a) (a) Class “B” licenses may be issued to any person qualified under s. 125.04 (5). Such licenses may not be issued to any person acting as agent for or in the employ of another except that this restriction does not apply to a hotel or restaurant which is not a part of or located on the premises of any mercantile establishment, or to a bona fide club, society or lodge that has been in existence for at least 6 months before the date of application. A Class “B” license for a hotel, restaurant, club, society or lodge may be issued in the name of an officer who shall be personally responsible for compliance with this chapter.

125.26(2)(b) (b) Subject to s. 125.20 (6), a Class “B” license may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

125.26(2)(b)1. 1. A wholesaler’s permit issued under s. 125.28 or 125.54.

125.26(2)(b)2. 2. A brewer’s permit issued under s. 125.29.

125.26(2)(b)3. 3. Except as provided in s. 125.295 (1) (h), (2) (a) 6. b., and (3) (b), a brewpub permit issued under s. 125.295.

125.26(2)(b)4. 4. A winery permit issued under s. 125.53.

125.26(2)(b)5. 5. A manufacturer’s or rectifier’s permit issued under s. 125.52.

125.26(2)(b)6. 6. An out-of-state shipper’s permit issued under s. 125.30 or 125.58.

125.26(2m) (2m) Notwithstanding 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 fermented malt beverages in the guest’s room which is not part of the Class “B” premises. Fermented malt beverages furnished under this subsection 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 fermented malt beverages shall be removed from the room, when the room is not occupied and when fermented malt beverages are not being furnished under this subsection. 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 fermented malt beverages in the hotel room. Fermented malt beverages may be furnished at the time the guest occupies the room, but for purposes of this chapter, the sale of fermented malt beverages furnished under this subsection is considered to occur at the time and place that the guest pays for the fermented malt beverages. Notwithstanding s. 125.32 (3), the guest may pay for the fermented malt beverages 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 subsection 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.

125.26(2s) (2s) 

125.26(2s)(a) (a) In this subsection:

125.26(2s)(a)1. 1. “Coliseum” means a multipurpose facility designed principally for sports events, with a capacity of 18,000 or more persons.

125.26(2s)(a)2. 2. “Concessionaire” means a person designated by the owner or operator of a coliseum to operate premises in the coliseum and to provide fermented malt beverages to holders of coliseum suites.

125.26(2s)(b) (b) Notwithstanding s. 125.04 (3) (a) 3. and (9), a Class “B” license authorizes a person operating a coliseum or a concessionaire to furnish the holder of a coliseum suite who has attained the legal drinking age with a selection of fermented malt beverages in the coliseum suite that is not part of the Class “B” premises. Fermented malt beverages 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 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 fermented malt beverages shall be removed from the coliseum suite, when the coliseum suite is not occupied and when fermented malt beverages are not being furnished under this paragraph. Fermented malt beverages may be furnished at the time the holder occupies the coliseum suite, but for purposes of this chapter, the sale of fermented malt beverages furnished under this paragraph is considered to occur at the time and place that the holder pays for the fermented malt beverages. Notwithstanding s. 125.32 (3), the holder of a coliseum suite may pay for the fermented malt beverages at any time if he or she pays in accordance with the terms of an agreement with the person operating the coliseum or with the concessionaire. 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.

125.26(2u) (2u) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition to the authorization specified in sub. (1), a Class “B” license issued under this section to a caterer also authorizes the caterer to provide fermented malt beverages, including their retail sale, at the National Railroad Museum in Green Bay during special events held at this museum. Notwithstanding sub. (1), a caterer may provide fermented malt beverages under this subsection at any location at the National Railroad Museum even though the National Railroad Museum is not part of the caterer’s licensed premises, as described under sub. (3) in the caterer’s Class “B” license, and even if the National Railroad Museum is not located within the municipality that issued the caterer’s Class “B” license. A caterer that provides fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the fermented malt beverages were provided on the caterer’s Class “B” licensed premises. This subsection does not authorize the National Railroad Museum to sell fermented malt beverages at retail or to procure or stock fermented malt beverages for purposes of retail sale. This subsection does not apply if, at any time, the National Railroad Museum holds a Class “B” license.

125.26(2v) (2v) 

125.26(2v)(a) (a) Subject to pars. (b) and (c), and notwithstanding ss. 125.04 (3) (a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization specified in sub. (1), a Class “B” license issued under this section to a caterer also authorizes the caterer to provide fermented malt beverages, including their retail sale, on racetrack grounds, as defined in s. 125.27 (5) (a). Subject to pars. (b) and (c), and notwithstanding sub. (1) and s. 125.32 (6) (a), a caterer may provide fermented malt beverages under this paragraph at any location on racetrack grounds even though the racetrack grounds are not part of the caterer’s licensed premises, as described under sub. (3) in the caterer’s Class “B” license, and even if the racetrack grounds are not located within the municipality that issued the caterer’s Class “B” license. A caterer that provides fermented malt beverages under this paragraph is subject to s. 125.32 (2) and (3) as if the fermented malt beverages were provided on the caterer’s Class “B” licensed premises.

125.26(2v)(b) (b) A caterer may not provide fermented malt beverages under par. (a) at any designated camping area on racetrack grounds while the area is in use for camping.

125.26(2v)(c) (c) A caterer may not provide fermented malt beverages under par. (a) on any premises covered by a permit issued under s. 125.27 (5) or 125.51 (5) (f).

125.26(2w) (2w) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition to the authorization specified in sub. (1), a Class “B” license issued under this section to a caterer also authorizes the caterer to provide fermented malt beverages, including their retail sale, at the Heritage Hill state park during special events held at this park. Notwithstanding sub. (1), a caterer may provide fermented malt beverages under this subsection at any location at the Heritage Hill state park even though the Heritage Hill state park is not part of the caterer’s licensed premises, as described under sub. (3) in the caterer’s Class “B” license, and even if the Heritage Hill state park is not located within the municipality that issued the caterer’s Class “B” license. A caterer that provides fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the fermented malt beverages were provided on the caterer’s Class “B” licensed premises. This subsection does not authorize the Heritage Hill state park to sell fermented malt beverages at retail or to procure or stock fermented malt beverages for purposes of retail sale. This subsection does not apply if, at any time, the Heritage Hill state park holds a Class “B” license.

125.26(2x) (2x) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition to the authorization specified in sub. (1), a Class “B” license issued under this section also authorizes the licensee to provide fermented malt beverages, including their retail sale, at specific locations within the Ozaukee County fairgrounds for consumption at these locations during special events held at the fairgrounds, if the Ozaukee County board adopts a resolution approving the licensee and if the licensee’s Class “B” licensed premises are located in Ozaukee County. Notwithstanding sub. (1), a licensee may provide fermented malt beverages under this subsection at the Ozaukee County fairgrounds even though the Ozaukee County fairgrounds are not part of the licensee’s licensed premises, as described under sub. (3) in the licensee’s Class “B” license, and even if the Ozaukee County fairgrounds are not located within the municipality that issued the Class “B” license. A licensee that provides fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the fermented malt beverages were provided on the licensee’s Class “B” licensed premises. Notwithstanding s. 125.34 (4) and (5), a wholesaler may deliver fermented malt beverages to the Ozaukee County fairgrounds to a licensee approved by the Ozaukee County board under this subsection and such an approved licensee may transport fermented malt beverages from its licensed premises to the Ozaukee County fairgrounds for purposes of selling the fermented malt beverages at the Ozaukee County fairgrounds. This subsection does not authorize Ozaukee County or any person operating or managing the Ozaukee County fairgrounds to sell fermented malt beverages at retail or to procure or stock fermented malt beverages for purposes of retail sale.

125.26(3) (3) Class “B” licenses shall particularly describe the premises for which issued and are not transferable, except as provided in s. 125.04 (12). A Class “B” license is subject to revocation for violation of any of the terms or provisions thereof.

125.26(3m) (3m) A municipality may issue a Class “B” license authorizing retail sales of fermented malt beverages on a railroad car while the railroad car is standing in a specified location in the municipality.

125.26(4) (4) The fee for a Class “B” license shall be determined by the municipal governing body issuing the license but the fee may not exceed $100 per year. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.

125.26(5) (5) Class “B” licenses may be issued at any time for a period of 6 months in any calendar year, for which 50 percent of the license fee shall be paid. Such licenses are not renewable during the calendar year in which issued.

125.26(6) (6) Temporary Class “B” licenses may be issued to bona fide clubs and chambers of commerce, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least 6 months before the date of application, and to posts of veterans organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The amount of the fee for the license shall be determined by the municipal governing body issuing the license but may not exceed $10. An official or body authorized by a municipal governing body to issue temporary Class “B” licenses may, upon issuance of any temporary Class “B” license, authorize the licensee to permit underage persons to be on the premises for which the license is issued. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of fermented malt beverages from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of fermented malt beverages from the stands while the fair is being held. A municipal governing body may issue a temporary Class “B” license for premises that are covered by a “Class B” permit issued under s. 125.51 (5) (b) 2. if the applicant meets the requirements of this subsection. If a license is issued under this subsection to a fair association solely for the purpose of conducting on the licensed premises fermented malt beverages judging or tasting events involving servings of fermented malt beverages no greater than one fluid ounce each, s. 125.32 (2) does not apply to these licensed premises.

125.26 History History: 1981 c. 79; 1985 a. 302; 1987 a. 249, 399; 1989 a. 253; 1991 a. 269; 1993 a. 112, 378; 1995 a. 282; 1999 a. 9; 1999 a. 150 s. 672; 2005 a. 22, 103; 2007 a. 20; 2009 a. 28; 2011 a. 32; 2011 a. 260 s. 81; 2013 a. 268; 2015 a. 62; 2017 a. 59, 95; 2021 a. 39; 2023 a. 73.

125.26 Annotation A municipality has authority to limit the area of the premises when it grants a license. Here, the town chose to license the entire eight acres of a resort as the premises for the sale, and also the consumption, of fermented malt beverages and intoxicating liquor. The town made that choice. The license was not void due to an insufficient description of the premises. Wisconsin Dolls, LLC v. Town of Dell Prairie, 2012 WI 76, 342 Wis. 2d 350, 815 N.W.2d 690, 10-2900.

125.27 125.27 Class “B” permits.

125.27(1) (1) Sports clubs.

125.27(1)(a) (a) The division shall issue Class “B” permits to clubs holding a valid certificate issued under s. 73.03 (50) that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs that are operated solely for curling, ski jumping or yachting, if the club is not open to the general public and if no Class “B” licenses are issued by the governing body of the municipality in which the club is located. A Class “B” permit authorizes retail sales of fermented malt beverages to be consumed on the premises where sold. Persons holding a Class “B” permit may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.

125.27(1)(b) (b) A club applying for a Class “B” permit under this subsection shall have occupied the premises on which it is located on the date of filing the application for a period of 6 months prior to that date.

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) (2) Vessels.

125.27(2)(a) (a)

125.27(2)(a)1. 1. The 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 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 percent 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 percent of the gross receipts of the vessel.

125.27(2)(a)2. 2. The division 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 division 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 percent of alcohol by volume without obtaining a license under s. 66.0433.

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) (3) Permits for certain tribes.

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 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 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 percent of alcohol by volume without obtaining a license under s. 66.0433.

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.

125.27(4) (4) Additional sales authority for permittees. Notwithstanding subs. (1) (d), (2) (d), and (3) (d) and ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition to the authorization specified in sub. (1), (2), or (3), a Class “B” permit issued under this section also authorizes the permittee to provide fermented malt beverages, including their retail sale, at specific locations within the Ozaukee County fairgrounds for consumption at these locations during special events held at the fairgrounds, if the Ozaukee County board adopts a resolution approving the permittee and if the premises covered by the Class “B” permit are located in Ozaukee County. Notwithstanding subs. (1), (2), and (3), a permittee may provide fermented malt beverages under this subsection at the Ozaukee County fairgrounds even though the Ozaukee County fairgrounds are not part of the premises described in the permit. A permittee that provides fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the fermented malt beverages were provided on the premises covered by the Class “B” permit. Notwithstanding s. 125.34 (4) and (5), a wholesaler may deliver fermented malt beverages to the Ozaukee County fairgrounds to a permittee approved by the Ozaukee County board under this subsection and such an approved permittee may transport fermented malt beverages from the premises covered by the permit to the Ozaukee County fairgrounds for purposes of selling the fermented malt beverages at the Ozaukee County fairgrounds. This subsection does not authorize Ozaukee County or any person operating or managing the Ozaukee County fairgrounds to sell fermented malt beverages at retail or to procure or stock fermented malt beverages for purposes of retail sale. This subsection does not apply to a permit issued under sub. (6).