Chapter 125

125.68(5) (5) Restaurant sanitation rules. No applicant may obtain a “Class B” license or permit or a “Class C” license unless the premises complies with the rules promulgated by the department of agriculture, trade and consumer protection governing sanitation in restaurants. However, the department of agriculture, trade and consumer protection may not restrict the serving of cheese without charge in individual portions to customers as permitted by s. 97.01 (14g).

125.68(8) (8) Sale from original container.

125.68(8)(a) (a) A person convicted of any of the following prohibited activities shall be fined not less than $150 nor more than $500 or imprisoned not less than 60 days nor more than 6 months or both:

125.68(8)(a)1. 1. Diluting any intoxicating liquor for purposes of sale as undiluted intoxicating liquor.

125.68(8)(a)2. 2. Refilling any original container which had previously been used for intoxicating liquor containing 21 percent or more of alcohol by volume.

125.68(8)(a)3. 3. Possessing diluted intoxicating liquor or refilled original containers on any premises covered by a “Class A” or “Class C” license or “Class B” license or permit.

125.68(8)(b) (b) Possession of an original container which contains diluted intoxicating liquor or which has been refilled is prima facie evidence of intent to violate this subsection.

125.68 Cross-reference Cross-reference: See also s. Tax 8.43, Wis. adm. code.

125.68(9) (9) Labels; contents; packaging.

125.68(9)(b) (b) All containers of intoxicating liquor sold in this state shall be clearly and legibly labeled with the name and address of the manufacturer and the name of the intoxicating liquor. The label shall meet any other labeling requirements created by the federal alcohol administration act.

125.68(9)(c) (c) No intoxicating liquor may contain any added ingredients or substances which are injurious to health or deleterious for human consumption.

125.68(9)(d) (d) All packages or containers of intoxicating liquor delivered in this state shall bear seals affixed by the manufacturer so that the contents cannot be removed without breaking the seals.

125.68(9)(e) (e) No person holding a license or permit issued under this chapter may possess or sell any package or container of intoxicating liquor which does not comply with pars. (b) and (d) or which does not bear evidence that the package or container was in compliance when delivery was taken.

125.68(9)(f) (f) Every person manufacturing, rectifying or blending intoxicating liquor sold in this state shall provide the division with the names, brands, descriptions, alcoholic content by volume and any other information about the intoxicating liquor required by the division. Information required by this paragraph shall be submitted prior to placing any new blend on the market. The division may also require by rule that samples of new products be submitted for examination and analysis.

125.68(9)(g) (g) Persons convicted of violating this subsection shall be fined not less than $500 nor more than $1,000 or imprisoned in the county jail for not less than 3 months nor more than one year or both.

125.68 Cross-reference Cross-reference: See also s. Tax 8.52, Wis. adm. code.

125.68(10) (10) Shipments into state.

125.68(10)(a) (a) Except as provided in ss. 125.23 and 125.535, no intoxicating liquor may be shipped into this state unless consigned to a person holding a wholesaler’s permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under s. 125.58, consigned to a person holding a manufacturer’s or rectifier’s permit under s. 125.52 or a winery permit under s. 125.53.

125.68(10)(b) (b) Except as provided in ss. 125.23 and 125.535, no common carrier or other person may transport into and deliver within this state any intoxicating liquor unless it is consigned to a person holding a wholesaler’s permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under s. 125.58, consigned to a person holding a manufacturer’s or rectifier’s permit under s. 125.52 or a winery permit under s. 125.53. Any common carrier violating this paragraph shall forfeit $100 for each violation.

125.68 Cross-reference Cross-reference: See also s. Tax 8.35, Wis. adm. code.

125.68(11) (11) Alcohol or wine for nonbeverage use; penalty.

125.68(11)(a) (a) The following products are not intoxicating liquor subject to this chapter, when unfit for beverage purposes:

125.68(11)(a)1. 1. Denatured alcohol produced and used pursuant to acts of congress and regulations promulgated thereunder.

125.68(11)(a)2. 2. Patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet preparations.

125.68(11)(a)3. 3. Flavoring extracts, syrups and food products.

125.68(11)(a)4. 4. Scientific, chemical, mechanical and industrial products.

125.68(11)(b) (b) Any person who sells any of the products enumerated in par. (a) for intoxicating beverage purposes, either knowingly or under circumstances from which a reasonable person may deduce the intention of the purchaser to use them for such purposes, shall be penalized under s. 125.11.

125.68(12) (12) Denatured alcohol.

125.68(12)(a) (a) No person may recover any alcohol or alcoholic liquid from denatured alcohol by any process or use, sell, conceal or dispose of, in any manner, any alcohol or alcoholic liquid derived from denatured alcohol.

125.68(12)(b) (b) Whoever violates par. (a) is guilty of a Class F felony.

125.68(12)(c) (c) Any person causing the death of another human being through the selling or otherwise disposing of, for beverage purposes, either denatured alcohol or alcohol or alcoholic liquid redistilled from denatured alcohol is guilty of a Class E felony.

125.68(13) (13) Intoxicating liquor not purchased on retail premises in a park. No provision of this chapter prohibits a licensee under s. 125.51 (3) from allowing, if the licensed premises are located in a public park within a 1st class city, a person who does not hold a license or permit under this chapter to possess and consume on the licensed premises intoxicating liquor that was not purchased from the licensee.

125.68 History History: 1981 c. 79, 158, 202; 1983 a. 74; 1983 a. 189 s. 329 (6); 1983 a. 203 s. 47; 1983 a. 349; 1985 a. 28, 221, 317; 1987 a. 27, 121, 399; 1989 a. 30, 253; 1991 a. 28, 39; 1993 a. 27, 112; 1995 a. 27 s. 9126 (19); 1997 a. 283; 2001 a. 16, 109; 2005 a. 25, 268; 2007 a. 3; 2007 a. 20 s. 9121 (6) (a); 2007 a. 85; 2009 a. 28, 128, 302; 2011 a. 32, 97; 2013 a. 268; 2015 a. 8, 55, 62; 2021 a. 39; 2023 a. 73.

125.68 Annotation It is not illegal under s. 176.07 [now sub. (4) (c) 3.] to allow the carry-out of liquor from a “Class B” licensed premises between 12 midnight and 8 a.m. [now 6 a.m.] if the sale of liquor occurred before 12 midnight. Defining “sale.” 69 Atty. Gen. 168.

125.69 125.69 Restrictions on dealings between manufacturers, rectifiers, wholesalers and retailers.

125.69(1) (1) Interest restrictions.

125.69(1)(a) (a) Subject to s. 125.20 (6), a manufacturer’s or rectifier’s permit under s. 125.52 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:

125.69(1)(a)1. 1. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).

125.69(1)(a)2. 2. A Class “B” license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).

125.69(1)(a)3. 3. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

125.69(1)(a)4. 4. A wholesaler’s permit issued under s. 125.28 or 125.54.

125.69(1)(a)5. 5. A no-sale event venue permit issued under s. 125.24.

Effective date note NOTE: Subd. 5. is created eff. 1-1-26 by 2023 Wis. Act 73.

125.69(1)(b) (b) Subject to s. 125.20 (6), a winery permit under s. 125.53 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:

125.69(1)(b)1. 1. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).

125.69(1)(b)2. 2. A Class “B” license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).

125.69(1)(b)3. 3. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

125.69(1)(b)4. 4. A wholesaler’s permit issued under s. 125.28 or 125.54.

125.69(1)(b)5m. 5m. A no-sale event venue permit issued under s. 125.24.

Effective date note NOTE: Subd. 5m. is created eff. 1-1-26 by 2023 Wis. Act 73.

125.69(1)(c) (c) Subject to s. 125.20 (6), a wholesaler’s permit under s. 125.54 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:

125.69(1)(c)1. 1. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).

125.69(1)(c)2. 2. A Class “B” license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).

125.69(1)(c)3. 3. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

125.69(1)(c)4. 4. A brewer’s permit issued under s. 125.29.

125.69(1)(c)5. 5. A brewpub permit issued under s. 125.295.

125.69(1)(c)6. 6. A winery permit issued under s. 125.53.

125.69(1)(c)7. 7. A manufacturer’s or rectifier’s permit issued under s. 125.52.

125.69(1)(c)8. 8. An out-of-state shipper’s permit issued under s. 125.30 or 125.58.

125.69(1)(c)9. 9. A no-sale event venue permit issued under s. 125.24.

Effective date note NOTE: Subd. 9. is created eff. 1-1-26 by 2023 Wis. Act 73.

125.69(1)(d) (d) Subject to s. 125.20 (6), an out-of-state shipper’s permit under s. 125.58 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:

125.69(1)(d)1. 1. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).

125.69(1)(d)2. 2. A Class “B” license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).

125.69(1)(d)3. 3. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

125.69(1)(d)4. 4. A wholesaler’s permit issued under s. 125.28 or 125.54.

125.69(1)(d)5. 5. A no-sale event venue permit issued under s. 125.24.

Effective date note NOTE: Subd. 5. is created eff. 1-1-26 by 2023 Wis. Act 73.

125.69(1)(e) (e) 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:

125.69(1)(e)1. 1. A wholesaler’s permit issued under s. 125.28 or 125.54.

125.69(1)(e)2. 2. A brewer’s permit issued under s. 125.29.

125.69(1)(e)3. 3. A brewpub permit issued under s. 125.295.

125.69(1)(e)4. 4. A winery permit issued under s. 125.53.

125.69(1)(e)5. 5. A manufacturer’s or rectifier’s permit issued under s. 125.52.

125.69(1)(e)6. 6. An out-of-state shipper’s permit issued under s. 125.30 or 125.58.

125.69(1)(f) (f) Subject to s. 125.20 (6), a “Class B” license or permit or “Class C” license may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

125.69(1)(f)1. 1. A wholesaler’s permit issued under s. 125.28 or 125.54.

125.69(1)(f)2. 2. A brewer’s permit issued under s. 125.29.

125.69(1)(f)3. 3. Except as provided in s. 125.295 (1) (h), (2) (a) 6. e., and (3) (c), a brewpub permit issued under s. 125.295.

125.69(1)(f)4. 4. A winery permit issued under s. 125.53.

125.69(1)(f)5. 5. A manufacturer’s or rectifier’s permit issued under s. 125.52.

125.69(1)(f)6. 6. An out-of-state shipper’s permit issued under s. 125.30 or 125.58.

125.69(3) (3) Volume discounts to campuses and retailers. A wholesaler of intoxicating liquor shall charge the same price to all campuses and retail licensees and permittees making purchases in similar quantities. Any discount offered on intoxicating liquor shall be delivered to the retailer in a single transaction and single delivery, and on a single invoice.

125.69(4) (4) Retail purchase credit restrictions.

125.69(4)(a) (a) Restrictions on sales.

125.69(4)(a)1. 1. No intoxicating liquor retail licensee or retail permittee may:

125.69(4)(a)1.a. a. Receive, purchase or acquire intoxicating liquor from any permittee except for cash or credit for a period of not more than 30 days.

125.69(4)(a)1.b. b. Receive, purchase or acquire intoxicating liquor from any permittee if at the time of the receipt, purchase or acquisition, he or she is indebted to any permittee for intoxicating liquor received, purchased, acquired or delivered more than 30 days earlier.

125.69(4)(a)2. 2. No campus or intoxicating liquor retail licensee or permittee may receive any intoxicating liquor on consignment or on any basis other than a bona fide sale.