Effective date noteNOTE: Subd. 1. j. is created eff. 1-1-26 by 2023 Wis. Act 73. 125.28(2)(b)2.2. Subject to s. 125.20 (6), a person who has an interest in a person holding one or more of the licenses or permits listed in subd. 1. 125.28(2)(d)(d) Notwithstanding par. (b) 1. f. and 2., a wholesaler may not hold any ownership interest in any brewer, except a wholesaler that holds an ownership interest in a brewer on July 1, 2011, may continue to hold that interest. 125.28(3)(3) Wholesalers’ permits shall particularly describe the premises for which issued and are not transferable, except as provided in s. 125.04 (12). A wholesaler’s permit is subject to revocation for violation of any of the terms or provisions thereof. 125.28(4)(4) The amount of the permit fee shall be established by the division and shall be an amount that is sufficient to fund one special agent position dedicated to alcohol and tobacco enforcement in the division, but the permit fee may not exceed $2,500 per year or fractional part thereof. All permit fees received under this subsection shall be credited to the appropriation account under s. 20.566 (1) (hd). 125.28(5)(a)(a) The premises described in a permit issued under this section shall be capable of warehousing fermented malt beverages. Any fermented malt beverages sold by the wholesaler shall be physically unloaded at the premises described in the permit, or at any warehouse premises for which the wholesaler also holds a permit under this section and a permit issued under s. 125.19, prior to being delivered to a retail licensee or to another wholesaler. 125.28(5)(b)(b) A wholesaler under this section shall annually sell and deliver fermented malt beverages to at least 25 retail licensees or other wholesalers that do not have an interest in each other or in the wholesaler. The division may not issue a permit under this section unless the applicant represents to the division an intention to satisfy this requirement, and may not renew a permit issued under this section unless the wholesaler demonstrates that this requirement has been satisfied. 125.28(5)(c)(c) No fermented malt beverages retail licensee or wholesaler may receive a benefit from a violation under par. (a) or (b) with knowledge of the circumstances giving rise to the violation. 125.28(5)(d)1.1. A wholesaler that violates this subsection shall be fined not more than $10,000. In addition, a court shall order the wholesaler to forfeit an amount equal to any profit gained by the wholesaler or retail licensee that violates par. (c), or by both, resulting from the violation, and the court shall further order that the wholesaler’s permit be revoked. 125.28(5)(d)2.2. A court shall order a retail licensee or wholesaler that violates this subsection to forfeit an amount equal to any profit gained by the retail licensee or wholesaler resulting from the violation, and the court shall further order that the retail license or wholesaler’s permit be revoked. 125.28(5)(d)3.3. This paragraph shall not affect the authority of any municipality or the division to revoke, suspend, or refuse to renew or issue a license or permit under s. 125.12. 125.28(5)(e)(e) The division shall promulgate rules to administer and enforce the requirements under this subsection. The rules shall ensure coordination between the division’s issuance and renewal of permits under this section and its enforcement of the requirements of this subsection, and shall require that all applications for issuance or renewal of permits under this section be processed by division personnel generally familiar with activities of fermented malt beverages wholesalers. The division shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under this section and for periodic site inspections by the division of such warehouse facilities. 125.29(1)(1) Permit. No person may operate as a brewer unless that person obtains a permit from the division. A permit under this section may only be issued to a person who holds a valid certificate issued under s. 73.03 (50). 125.29(2)(a)(a) Subject to s. 125.20 (6), a brewer’s permit may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following: 125.29(2)(c)(c) If a wholesaler that has been granted distribution rights by a brewer for a brand in a designated sales territory is unable to service the designated sales territory for any reason, including the discontinuation of the wholesaler’s distribution rights, bankruptcy, or criminal prosecution of the wholesaler in connection with operation of the wholesaler, and the reason is not the result of an action by the brewer, then a brewer shall be allowed, for a period of not more than one year, to take temporary control and operation of the wholesaler. 125.29(3)(3) Authorized activities. The division shall issue brewer’s permits to eligible applicants authorizing all of the following: 125.29(3)(a)(a) The manufacture of fermented malt beverages on the brewery premises. 125.29(3)(b)(b) The bottling, packaging, possession, and storage of fermented malt beverages on the brewery premises. 125.29(3)(c)(c) The transportation of fermented malt beverages between the brewery premises and any depot, warehouse, or full-service retail outlet maintained by the brewer, off-site retail outlet established by the brewer, or other premises for which the brewer holds a permit under this chapter. 125.29(3)(d)(d) The sale, shipment, transportation, and delivery, in original unopened packages or containers, to wholesalers, from the brewery premises, of fermented malt beverages that have been manufactured by the brewer on those premises or on other premises of the brewer. 125.29(3)(dm)(dm) The sale, shipment, transportation, and delivery of fermented malt beverages, in bulk or in any state of packaging, that have been manufactured by the brewer to another brewer holding a permit under this section, and the receipt of the fermented malt beverages by the other brewer. 125.29(3)(e)(e) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to sub. (7) (h), the retail sale of fermented malt beverages that have been manufactured on the brewery premises or on other premises of the brewer for on-premise consumption by individuals at an off-site retail outlet established by the brewer. 125.29(3)(f)(f) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to sub. (7) (h), the retail sale to individuals of fermented malt beverages, in original unopened packages or containers, that have been manufactured on the brewery premises or on other premises of the brewer for off-premise consumption by individuals, if the sale occurs at an off-site retail outlet established by the brewer. 125.29(3)(h)(h) Notwithstanding ss. 125.04 (9) and 125.09 (1), the retail sale of intoxicating liquor, for on-premises consumption by individuals at the brewery premises or an off-site retail outlet established by the brewer, if all of the following apply: 125.29(3)(h)1.1. The brewer held, on June 1, 2011, a license or permit authorizing the retail sale of intoxicating liquor at the location. 125.29(3)(h)2.2. The intoxicating liquor has been purchased by the brewer from a wholesaler holding a permit under s. 125.54. 125.29(3)(h)3.3. The brewer is not eligible to make full-service retail sales under sub. (7) at the location. 125.29(3)(i)(i) The provision of free taste samples on the brewery premises, at an off-site retail outlet established by the brewer, or at the brewer’s full-service retail outlet if the taste samples are of alcohol beverages the brewer is authorized to sell under pars. (e) and (f) or sub. (7) (c) or as authorized under s. 125.33 (12). 125.29(3)(j)(j) The ownership, maintenance, or operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state. A brewer may not make retail sales of fermented malt beverages at the state fair park unless the state fair park board has approved the brewer to make such sales. 125.29(3m)(a)(a) Except as provided in pars. (b) and (c), no brewer may sell fermented malt beverages to a retail licensee. 125.29(3m)(b)(b) A brewer that manufactures 300,000 or less barrels of fermented malt beverages in a calendar year from all locations may sell, ship, transport and deliver to retailers, from the brewery premises, fermented malt beverages, in original unopened packages or containers, that have been manufactured on the brewery premises, if the brewer complies with the requirements in ss. 125.33 and 125.34, as applicable, to the same extent as if the brewer were a wholesaler. 125.29(3m)(c)(c) If a wholesaler that has been granted distribution rights by a brewer for a brand in a designated sales territory is unable to service the designated sale territory for any reason, including the discontinuation of the wholesaler’s distribution rights, bankruptcy, or criminal prosecution of the wholesaler in connection with operation of the wholesaler, and the reason is not the result of an action by the brewer, then a brewer shall be allowed, for a period of not more than one year, to sell or ship any brand of fermented malt beverages to retailers located in the wholesaler’s designated sales territory. 125.29(5)(5) Brewpubs. No person holding a brewpub permit under s. 125.295 may register as a brewer under this section. 125.29(6)(6) Restaurants. A brewer may operate a restaurant on the brewery premises, at an off-site retail outlet established by the brewer, and at any full-service retail outlet under sub. (7). Unless engaged in retail sales under sub. (7), a brewer operating a restaurant may only sell alcohol beverages that have been manufactured under the brewer’s own brewer’s permit. 125.29(7)(7) Retail sales; full-service retail outlets. 125.29(7)(a)1.1. Notwithstanding ss. 125.04 (9) and 125.09 (1), a brewer may make retail sales, on the brewery premises, of fermented malt beverages that have been manufactured by the brewer on the brewery premises or on other premises of the brewer, for on-premises or off-premises consumption. 125.29(7)(a)2.2. Notwithstanding ss. 125.04 (9) and 125.09 (1), if a brewer manufactured, on all brewery premises operated by the brewer in this state, a cumulative total of at least 250 barrels of fermented malt beverages in any one of the 3 preceding calendar years, the brewer may engage in full-service retail sales on the brewery premises. 125.29(7)(b)(b) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to pars. (d) and (g), if a brewer manufactured, on all brewery premises operated by the brewer in this state, a cumulative total of at least 250 barrels of fermented malt beverages in any one of the 3 preceding calendar years, the brewer may engage in full-service retail sales at off-site locations identified in the brewer’s permit. Subject to pars. (f) and (g), the number of retail sales locations a brewer is allowed in addition to the brewery premises is determined by the cumulative volume of fermented malt beverages the brewer manufactured on all brewery premises operated by the brewer in this state in any one of the 3 preceding calendar years, as follows: 125.29(7)(b)1.1. If the brewer’s cumulative volume in a year was at least 250 barrels of fermented malt beverages but less than 2,500 barrels of fermented malt beverages, the brewer may establish one full-service retail outlet. 125.29(7)(b)2.2. If the brewer’s cumulative volume in a year was at least 2,500 barrels of fermented malt beverages but less than 7,500 barrels of fermented malt beverages, the brewer may establish not more than 2 full-service retail outlets. 125.29(7)(b)3.3. If the brewer’s cumulative volume in a year was at least 7,500 barrels of fermented malt beverages, the brewer may establish not more than 3 full-service retail outlets. 125.29(7)(c)1.1. Except as provided in subd. 2. and par. (f), a brewer may make full-service retail sales of alcohol beverages on the brewery premises and at any of its full-service retail outlets only if the alcohol beverages were purchased by the brewer from a wholesaler holding a permit under s. 125.28 or 125.54, from a brewer authorized to make sales to retailers under sub. (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). 125.29(7)(c)2.2. A brewer is not required to purchase from another permittee fermented malt beverages manufactured by the brewer that the brewer sells at retail on the brewery premises or at a full-service retail outlet of the brewer. 125.29(7)(c)3.3. Subject to subd. 2. and par. (f), a brewer engaged in full-service retail sales on brewery premises or at a full-service retail outlet of the brewer is subject to ss. 125.33 (9) and 125.69 (6) to the same extent as if the brewer were a retail licensee. 125.29(7)(d)1.1. A brewer may not commence sales of alcohol beverages at a full-service retail outlet unless, prior to commencing such sales, the brewer receives approval from the municipality in which the full-service retail outlet is located and from the division as provided in par. (g). 125.29(7)(d)2.2. 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 brewer’s permit. A municipality may not limit the sale, at a full-service retail outlet, of alcohol beverages produced by the person holding the brewer’s permit. A municipality may not limit the scope of alcohol beverages offered for sale under sub. (3) (h). 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. 125.29(7)(d)3.3. 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. 125.29(7)(e)(e) If a brewer operates a restaurant as provided in sub. (6) and is authorized under this subsection to make retail sales of wine at the restaurant, the brewer 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: 125.29(7)(e)1.1. The purchaser of the wine orders food to be consumed at the restaurant. 125.29(7)(e)2.2. The brewer provides a dated receipt that identifies the purchase of the food and the bottle of wine. 125.29(7)(e)3.3. Prior to the opened, partially consumed bottle of wine being taken away from the restaurant, the brewer 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 brewer is prohibited under sub. (8) (b) from making retail sales for off-premises consumption. 125.29(7)(f)1.1. If a brewer may establish one or more full-service retail outlets under pars. (b) and (g) and the brewer also holds a manufacturer’s or rectifier’s permit or winery permit or both and, as such, may establish full-service retail outlets under s. 125.52 (4) (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. 125.52 (4) (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. 125.52 (4) (b) or 125.53 (3) (b). 125.29(7)(f)2.2. If a brewer may engage in full-service retail sales on the brewery premises as provided in par. (a) 2. and the brewer also holds a manufacturer’s or rectifier’s permit or winery permit or both, the brewer may make retail sales on the brewery premises of intoxicating liquor produced under its manufacturer’s or rectifier’s permit or winery permit without first purchasing the intoxicating liquor from a wholesaler holding a permit under s. 125.54. 125.29(7)(f)3.3. If a person holds more than one brewer’s permit under this section, the retail sales authority under this subsection for brewery premises applies with respect to each brewer’s permit, but the limit on full-service retail outlets is an aggregate maximum, regardless of the number of brewer’s permits held. 125.29(7)(g)1.1. An application for a brewer’s permit, including an application for an amendment to the brewer’s permit, shall specify each full-service retail outlet of the brewer and particularly describe the premises of the full-service retail outlet. 125.29(7)(g)2.2. The division shall establish a process for approval of a brewer’s full-service retail outlet and for revocation of this approval. The division shall approve a brewer’s full-service retail outlet, and may not revoke this approval, unless the brewer 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 brewer’s application or permit does not affect any other full-service retail outlet or the brewery premises as described in the application or permit. 125.29(7)(g)3.3. If the division approves a full-service retail outlet, the brewer’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 brewer’s permit. 125.29(7)(g)4.4. If the division approves a full-service retail outlet, the agent appointed under s. 125.04 (6) for the brewer’s permit shall also serve as the agent for the full-service retail outlet. 125.29(7)(g)5.5. Section 125.04 (12) (a) does not apply to a brewer’s full-service retail outlet. Upon notice to the division, a brewer 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 brewer may be relocated without limitation on frequency in each calendar year. 125.29(7)(h)(h) A brewer that is eligible to establish a full-service retail outlet under this subsection is not authorized to make retail sales of fermented malt beverages at an off-site retail outlet under sub. (3) (e) and (f).
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