Chapter 125

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.

Effective date note NOTE: Par. (a) is shown as amended eff. 1-1-25 by 2023 Wis. Act 73. Prior to 1-1-25 it reads:

Effective date text (a) Except as provided in s. 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.

Effective date note NOTE: Par. (b) is shown as amended eff. 1-1-25 by 2023 Wis. Act 73. Prior to 1-1-25 it reads:

Effective date text (b) Except as provided in s. 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.

125.69(4)(b) (b) Restrictions on issuance of licenses and permits. No intoxicating liquor retail license or retail permit may be issued under this chapter to any person having an indebtedness for intoxicating liquor outstanding more than 30 days. In each application for a retail license or retail permit, the applicant shall state whether the applicant has any indebtedness for intoxicating liquor to any licensee or permittee which has been outstanding for more than 30 days.

125.69(4)(d) (d) Penalties. A retail licensee or retail permittee who violates par. (a) is subject to the penalties in s. 125.11, except that he or she may not be imprisoned.

125.69(4)(e) (e) Costs. The cost of administering this subsection shall be charged to the manufacturer, rectifier and wholesaler permittees. The division shall determine the costs and shall establish the procedure for apportioning the cost against the permittees and provide for the method of payment to the division.

125.69(5) (5) Source of supply. No wholesaler may purchase intoxicating liquor for resale unless he or she purchases it either from the primary source of supply for the brand of intoxicating liquor sought to be sold or from a wholesaler within this state who holds a permit issued under this chapter. No wholesaler may sell intoxicating liquor purchased by the wholesaler to any other licensee or permittee under this chapter if the intoxicating liquor has not been purchased by the wholesaler from the primary source of supply or from a wholesaler within the state holding a permit issued under this chapter.

125.69(6) (6) Campuses and retailers to purchase from persons holding permits.

125.69(6)(a) (a) No campus or retail licensee or permittee may purchase intoxicating liquor from, or possess intoxicating liquor purchased from, any person other than a wholesaler holding a permit under this chapter for the sale of intoxicating liquor.

125.69(6)(b) (b) Any person who violates par. (a), if the total volume of intoxicating liquor purchased or possessed by that person in one month is 12 liters or less, may be required to forfeit not more than $100. A person who purchases or possesses more than 12 liters of intoxicating liquor in one month in violation of par. (a) shall be fined not less than $1,000 nor more than $10,000.

125.69(6)(c) (c) Notwithstanding par. (b), a “Class B” licensee who purchases intoxicating liquor from a “Class A” licensee for resale or who possesses intoxicating liquor purchased from a “Class A” licensee for resale may be fined not more than $100.

125.69(7) (7) License or permit revocation. The violation of sub. (3) or (5), or s. 125.20 (5) (d) as it relates to sub. (1), is sufficient cause for the revocation of the license or permit of any licensee or permittee receiving the benefit from the prohibited act as well as the revocation of the license or permit of the licensee or permittee committing the prohibited act.

125.69(8) (8) Sponsorship payments to state fair park vendors. It is not a violation of this chapter for a manufacturer, rectifier, out-of-state shipper, or wholesaler to make a sponsorship payment or provide any other item of value to a vendor that has been issued a permit by the state fair park board. If the vendor also holds a retail “Class B” license, this subsection is strictly applied only to the state fair park location.

125.69(9) (9) Providing taste samples on retail premises.