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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 5-1-25 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 Note NOTE: 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 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. 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.
Effective date note NOTE: Sub. (1) (title) and (a) (intro.) and 1. to 4. are shown as affected eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 sub. (1) (title) and (a) read:
Effective date text (1) Interest restrictions. (a) No intoxicating liquor manufacturer, rectifier, winery, out-of-state shipper permittee, or wholesaler may hold any direct or indirect interest in any “Class A" license or establishment and no “Class A" licensee may hold any direct or indirect interest in a wholesale permit or establishment, except that a winery that has a permit under s. 125.53 may have an ownership interest in a “Class A" license and a person may hold a “Class A" license and both a winery permit under s. 125.53 and a manufacturer's or rectifier's permit under s. 125.52 and may make retail sales and provide taste samples as authorized under the “Class A" license and ss. 125.06 (13) and 125.52 (1) (b) 2.
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.
Effective date note NOTE: Par. (b) (intro.) and 1. to 4. are shown as affected eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 par. (b) reads:
Effective date text (b) 1. Except as provided under subds. 4. and 5., no intoxicating liquor manufacturer, rectifier, winery, out-of-state shipper permittee, or wholesaler may hold any direct or indirect interest in any “Class B" license or permit or establishment or “Class C" license or establishment and no “Class B" licensee or permittee or “Class C" licensee may hold any direct or indirect interest in a manufacturer, rectifier, winery, out-of-state shipper, or wholesale permit or establishment.
Effective date text 4. A winery that has a permit under s. 125.53 may have an ownership interest in a “Class B" license issued under s. 125.51 (3) (am) and a person may hold a “Class B" license and both a winery permit under s. 125.53 and a manufacturer's or rectifier's permit under s. 125.52 and may make retail sales and provide taste samples as authorized under the “Class B" license and s. 125.52 (1) (b) 2.
Effective date text 5. A winery that has a permit under s. 125.53 may make retail sales and provide taste samples on county or district fair fairgrounds, as provided in s. 125.51 (10), under a “Class B" license issued under s. 125.51 (10) to a county or local fair association.
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.
Effective date note NOTE: Par. (c) (intro.) and 1. to 8. are shown as affected eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 par. (c) reads:
Effective date text (c) No manufacturer, rectifier, winery, or out-of-state shipper permittee, whether located within or without this state, may hold any direct or indirect interest in any wholesale permit or establishment. Except as provided in pars. (a) and (b) 4. and s. 125.53, no retail licensee may hold any direct or indirect interest in any manufacturer, rectifier, winery, or out-of-state shipper permittee.
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.
Effective date note NOTE: Par. (d) (intro.) and 1. to 4. are shown as affected eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 par. (d) reads:
Effective date text (d) Except as provided in s. 125.295 (3) (c), no brewpub may hold any direct or indirect interest in any “Class B" license or permit or establishment or “Class C" license or establishment.
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.
Effective date note NOTE: Par. (e) is shown as affected eff. 5-1-24 by 2023 Wis. Act 73.
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.
Effective date note NOTE: Par. (f) is shown as affected eff. 5-1-24 by 2023 Wis. Act 73.
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.
Effective date note NOTE: Par. (e) is shown as amended eff. 5-1-24 by 2023 Wis. Act 73. Prior to 5-1-24 it reads:
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 71 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on February 14, 2024. Published and certified under s. 35.18. Changes effective after February 14, 2024, are designated by NOTES. (Published 2-14-24)