Chapter 125

125.51 Annotation A city ordinance allowing a recipient of a new Class B license who pays the $10,000 fee under sub. (3) (e) 2. to apply for a $10,000 economic development grant from the city was not barred by the statute or constitution. Alexander v. City of Madison, 2001 WI App 208, 247 Wis. 2d 576, 634 N.W.2d 577, 00-2692.

125.51 Annotation The licensed premises, with respect to a “Class B” intoxicating liquor license under this section, may be co-extensive with the premises where consumption may occur. Thus, the premises to be listed on a “Class B” license are not necessarily confined to the dimensions of a bar room or storage room. 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.

125.51 Annotation Country clubs opening any part of their facilities to the general public lose their eligibility for “country club” liquor or beer licenses. 69 Atty. Gen. 248.

125.52 125.52 Manufacturers’ and rectifiers’ permits.

125.52(1) (1) Authorized activities.

125.52(1)(a) (a) The 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.

125.52(1)(b) (b) A manufacturer’s or rectifier’s permit authorizes the permittee to engage in any of the following activities:

125.52(1)(b)1. 1. To sell intoxicating liquor in original unopened packages or containers to wholesalers holding a permit under s. 125.54.

125.52(1)(b)2. 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 other manufacturers and rectifiers holding a permit under this section, from the premises described in the permit.

125.52(1)(b)3. 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.

125.52(1)(b)4. 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.

125.52(1)(b)5. 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.

125.52(1)(b)6. 6. To provide taste samples, free of charge, 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).

125.52(1)(c) (c) Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wines brought into this state under s. 139.03 (5).

125.52(2) (2) Limited manufacturer’s permit. The 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 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.

125.52(3) (3) Persons eligible. Except as provided under s. 125.69, a manufacturer’s or rectifier’s permit may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.

125.52(4) (4) Retail sales; full-service retail outlets.

125.52(4)(a) (a)

125.52(4)(a)1. 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.

125.52(4)(a)2. 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.

125.52(4)(b) (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:

125.52(4)(b)1. 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.

125.52(4)(b)2. 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.

125.52(4)(b)3. 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.

125.52(4)(c) (c)

125.52(4)(c)1. 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).

125.52(4)(c)2. 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.

125.52(4)(c)3. 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.

125.52(4)(d) (d)

125.52(4)(d)1. 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).

125.52(4)(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 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.

125.52(4)(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.

125.52(4)(e) (e)

125.52(4)(e)1. 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.

125.52(4)(e)2. 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:

125.52(4)(e)2.a. a. The purchaser of the wine orders food to be consumed at the restaurant.

125.52(4)(e)2.b. b. The manufacturer or rectifier provides a dated receipt that identifies the purchase of the food and the bottle of wine.

125.52(4)(e)2.c. 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.

125.52(4)(f) (f)

125.52(4)(f)1. 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).

125.52(4)(f)2. 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).

125.52(4)(f)3. 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.

125.52(4)(g) (g)

125.52(4)(g)1. 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.

125.52(4)(g)2. 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.

125.52(4)(g)3. 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.

125.52(4)(g)4. 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.

125.52(4)(g)5. 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.

125.52(5) (5) Closing hours.

125.52(5)(a) (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).

125.52(5)(b) (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).

125.52(5)(c) (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).

125.52(5)(d) (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.

125.52 History History: 1981 c. 79; 1985 a. 302; 1989 a. 253; 1991 a. 39; 1993 a. 112, 259, 491; 1995 a. 27; 2001 a. 16; 2007 a. 85; 2009 a. 28; 2023 a. 73.

125.52 Cross-reference Cross-reference: See also s. Tax 8.22, Wis. adm. code.

125.53 125.53 Winery permit.

125.53(1) (1) 

125.53(1)(a) (a) The 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:

125.53(1)(a)1. 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.

125.53(1)(a)2. 2. On the winery premises and without obtaining a rectifier’s permit, possessing intoxicating liquor and mixing or blending intoxicating liquor to produce wine sold to wholesalers holding a permit under s. 125.54, manufacturers or rectifiers holding a permit under s. 125.52, and wineries holding a permit under this section.

125.53(1)(a)3. 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.

125.53(1)(a)4. 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.

125.53(1)(a)5. 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.

125.53(1)(a)6. 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.

125.53(1)(a)7. 7. The provision of free taste samples 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).

125.53(1)(b) (b) A winery holding a permit under this section may 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.

125.53(2) (2) Winery permits may be issued to any person except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another.

125.53(3) (3) 

125.53(3)(a) (a)

125.53(3)(a)1. 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.

125.53(3)(a)2. 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.

125.53(3)(a)3. 3. If a winery held a “Class B” license immediately preceding May 1, 2024, 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).

125.53(3)(b) (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:

125.53(3)(b)1. 1. If the winery’s cumulative volume in a year was at least 1,000 gallons of wine but less than 5,000 gallons of wine, the winery may establish one full-service retail outlet.

125.53(3)(b)2. 2. If the winery’s cumulative volume in a year was at least 5,000 gallons of wine but less than 25,000 gallons of wine, the winery may establish not more than 2 full-service retail outlets.

125.53(3)(b)3. 3. If the winery’s cumulative volume in a year was at least 25,000 gallons of wine, the winery may establish not more than 3 full-service retail outlets.

125.53(3)(c) (c)

125.53(3)(c)1. 1. Except as provided in subd. 2. and par. (f), a winery may make full-service retail sales of alcohol beverages on the winery premises and at any of its full-service retail outlets only if the alcohol beverages were purchased by the winery 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).

125.53(3)(c)2. 2. A winery is not required to purchase from another permittee wine manufactured or bottled by the winery that the winery sells at retail on the winery premises or at a full-service retail outlet of the winery.

125.53(3)(c)3. 3. Subject to subd. 2. and par. (f), a winery engaged in full-service retail sales on winery premises or at a full-service retail outlet of the winery is subject to ss. 125.33 (9) and 125.69 (6) to the same extent as if the winery were a retail licensee.

125.53(3)(d) (d)

125.53(3)(d)1. 1. A winery may not commence sales of alcohol beverages at a full-service retail outlet unless, prior to commencing such sales, the winery receives approval from the municipality in which the full-service retail outlet is located and from the division as provided in par. (g).

125.53(3)(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 winery permit. A municipality may not limit the sale, at a full-service retail outlet, of alcohol beverages produced by the person holding the winery 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.

125.53(3)(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.

125.53(3)(e) (e)

125.53(3)(e)1. 1. A winery may operate a restaurant at any full-service retail outlet under this subsection and on the winery premises.

125.53(3)(e)2. 2. If the winery operates a restaurant as provided in subd. 1., the winery 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:

125.53(3)(e)2.a. a. The purchaser of the wine orders food to be consumed at the restaurant.

125.53(3)(e)2.b. b. The winery provides a dated receipt that identifies the purchase of the food and the bottle of wine.