SB268-SA2,88,17
132. To sell or transfer, in bulk or in any state of packaging, intoxicating liquor 14to wineries holding a permit under s. 125.53
, and
to other manufacturers and
15rectifiers holding a permit under this section, from the premises described in the
16permit.
Except as provided in subd. 2., no sales may be made for consumption on the
17premises of the permittee.
SB268-SA2,26fn
18Section 26fn. 125.52 (1) (b) 2. of the statutes is renumbered 125.52 (1) (b) 6.
19and amended to read:
SB268-SA2,89,1120
125.52
(1) (b) 6.
Notwithstanding s. 125.09 (1), a manufacturer's or rectifier's
21permit authorizes the retail sale of intoxicating liquor that is manufactured or
22rectified on the premises, for consumption on or off the premises. A manufacturer's
23or rectifier's permit also authorizes the provision of To provide taste samples, free of
24charge
and in an amount not exceeding a total of 1.5 fluid ounces to any one person,
25of intoxicating liquor that is manufactured or rectified on the premises, for
1consumption on the premises. The department may prescribe additional regulations
2for the sale of intoxicating liquor under this subdivision, if the additional regulations
3do not conflict with the requirements applicable to holders of “Class B" licenses.
4Notwithstanding any other provision of this chapter, the authorization under this
5subdivision applies with respect to a person who holds any permit under this section,
6a winery permit under s. 125.53, and either a “Class A" license or a “Class B" license
7issued under s. 125.51 (3) (am), all issued for the same premises or portions of the
8same premises, on the manufacturer's or rectifier's premises or at the
9manufacturer's or rectifier's full-service retail outlet if the taste samples are of
10alcohol beverages the manufacturer or rectifier is authorized to sell under sub. (4)
11(c), or as authorized under s. 125.69 (9).
SB268-SA2,26fo
12Section 26fo. 125.52 (1) (b) 3., 4. and 5. of the statutes are created to read:
SB268-SA2,89,1613
125.52
(1) (b) 3. To transfer intoxicating liquor to, or receive intoxicating liquor
14from, another manufacturer or rectifier holding a permit under this section or a
15winery holding a permit under s. 125.53, in bulk or in any state of packaging, for
16purposes of further manufacturing, bottling, or storage.
SB268-SA2,89,1917
4. To sell, ship, transport, and deliver intoxicating liquor, in bulk or in any state
18of packaging, that has been manufactured by the manufacturer or rectifier to
19another manufacture or rectifier holding a permit under this section.
SB268-SA2,89,2320
5. To transport intoxicating liquor between the production premises and any
21depot, warehouse, or full-service retail outlet maintained by the manufacturer or
22rectifier or other premises for which the manufacturer or rectifier holds a permit
23under this chapter.
SB268-SA2,26fp
24Section 26fp. 125.52 (2) of the statutes is amended to read:
SB268-SA2,90,6
1125.52
(2) Limited manufacturer's permit. The
department division shall issue
2a limited manufacturer's permit which authorizes the use or sale of the intoxicating
3liquor produced only if it is rendered unfit for use as a beverage and is used or sold
4for use as fuel. The
department division shall notify the department of natural
5resources of the name and address of any person to whom a limited manufacturer's
6permit is issued.
SB268-SA2,26fq
7Section 26fq. 125.52 (4) and (5) of the statutes are created to read:
SB268-SA2,90,138
125.52
(4) Retail sales; full-service retail outlets. (a) 1. Notwithstanding
9ss. 125.04 (9) and 125.09 (1), a manufacturer or rectifier may make retail sales, on
10the manufacturing or rectifying premises, of intoxicating liquor that has been
11manufactured or rectified by the manufacturer or rectifier on the manufacturing or
12rectifying premises or on other premises of the manufacturer or rectifier, for
13on-premises or off-premises consumption.
SB268-SA2,90,1814
2. Notwithstanding ss. 125.04 (9) and 125.09 (1), if a manufacturer or rectifier
15produced, on all manufacturing or rectifying premises operated by the manufacturer
16or rectifier in this state, a cumulative total of at least 1,500 liters of intoxicating
17liquor in any one of the 3 preceding calendar years, the manufacturer or rectifier may
18engage in full-service retail sales on the manufacturing or rectifying premises.
SB268-SA2,91,419
(b) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to pars. (d) and
20(g), if a manufacturer or rectifier produced, on all manufacturing or rectifying
21premises operated by the manufacturer or rectifier in this state, a cumulative total
22of at least 1,500 liters of intoxicating liquor in any one of the 3 preceding calendar
23years, the manufacturer or rectifier may engage in full-service retail sales at off-site
24locations identified in the manufacturer's or rectifier's permit. Subject to pars. (f)
25and (g), the number of retail sales locations a manufacturer or rectifier is allowed in
1addition to the manufacturing or rectifying premises is determined by the
2cumulative volume of intoxicating liquor the manufacturer or rectifier produced on
3all manufacturing or rectifying premises operated by the manufacturer or rectifier
4in this state in any one of the 3 preceding calendar years, as follows:
SB268-SA2,91,75
1. If the manufacturer's or rectifier's cumulative volume in a year was at least
61,500 liters of intoxicating liquor but less than 5,000 liters of intoxicating liquor, the
7manufacturer or rectifier may establish one full-service retail outlet.
SB268-SA2,91,108
2. If the manufacturer's or rectifier's cumulative volume in a year was at least
95,000 liters of intoxicating liquor but less than 35,000 liters of intoxicating liquor, the
10manufacturer or rectifier may establish not more than 2 full-service retail outlets.
SB268-SA2,91,1311
3. If the manufacturer's or rectifier's cumulative volume in a year was at least
1235,000 liters of intoxicating liquor, the manufacturer or rectifier may establish not
13more than 3 full-service retail outlets.
SB268-SA2,91,2114
(c) 1. Except as provided in subd. 2. and par. (f), a manufacturer or rectifier may
15make full-service retail sales of alcohol beverages on the manufacturing or rectifying
16premises and at any of its full-service retail outlets only if the alcohol beverages were
17purchased by the manufacturer or rectifier from a wholesaler holding a permit under
18s. 125.28 or 125.54, from a brewer authorized to make sales to retailers under s.
19125.29 (3m), from a brewpub authorized to make sales to retailers under s. 125.295
20(1) (g), or from a permittee under s. 125.30 authorized to make sales to retailers under
21s. 125.30 (4).
SB268-SA2,91,2522
2. A manufacturer or rectifier is not required to purchase from another
23permittee intoxicating liquor produced by the manufacturer or rectifier that the
24manufacturer or rectifier sells at retail on the manufacturing or rectifying premises
25or at a full-service retail outlet of the manufacturer or rectifier.
SB268-SA2,92,4
13. Subject to subd. 2. and par. (f), a manufacturer or rectifier engaged in
2full-service retail sales on manufacturing or rectifying premises or at a full-service
3retail outlet of the manufacturer or rectifier is subject to ss. 125.33 (9) and 125.69 (6)
4to the same extent as if the manufacturer or rectifier were a retail licensee.
SB268-SA2,92,85
(d) 1. A manufacturer or rectifier may not commence sales of alcohol beverages
6at a full-service retail outlet unless, prior to commencing such sales, the
7manufacturer or rectifier receives approval from the municipality in which the
8full-service retail outlet is located and from the division as provided in par. (g).
SB268-SA2,92,169
2. Subject to par. (f), a municipality may limit the scope of alcohol beverages
10offered for sale at a full-service retail outlet only with respect to alcohol beverages
11that are not of the same type as those produced by the person holding the
12manufacturer's or rectifier's permit. A municipality may not limit the sale, at a
13full-service retail outlet, of alcohol beverages produced by the person holding the
14manufacturer's or rectifier's permit. If a municipality limits the scope of alcohol
15beverages offered for sale, the provision of taste samples is limited to those alcohol
16beverages authorized to be sold.
SB268-SA2,92,2117
3. Except as provided in subd. 2., a municipality's approval under subd. 1. shall
18be based on the same standards and criteria that the municipality has established
19by ordinance for the evaluation and approval of retail license applications. A
20municipality may not impose any requirement or restriction in connection with the
21approval under subd. 1. that the municipality does not impose on retail licensees.
SB268-SA2,92,2322
(e) 1. A manufacturer or rectifier may operate a restaurant at any full-service
23retail outlet under this subsection and on the manufacturing or rectifying premises.
SB268-SA2,93,324
2. If the manufacturer or rectifier operates a restaurant as provided in subd.
251. and is authorized under this subsection to make retail sales of wine at the
1restaurant, the manufacturer or rectifier may make retail sales of wine in an opened
2original bottle, in a quantity not to exceed one bottle, for consumption both at the
3restaurant and away from the restaurant if all of the following apply:
SB268-SA2,93,44
a. The purchaser of the wine orders food to be consumed at the restaurant.
SB268-SA2,93,65
b. The manufacturer or rectifier provides a dated receipt that identifies the
6purchase of the food and the bottle of wine.
SB268-SA2,93,137
c. Prior to the opened, partially consumed bottle of wine being taken away from
8the restaurant, the manufacturer or rectifier securely reinserts the cork into the
9bottle to the point where the top of the cork is even with the top of the bottle, or
10securely reattaches the original cap to the bottle, and the cork is reinserted or the cap
11is reattached at a time other than during the hours in which the manufacturer or
12rectifier is prohibited under sub. (5) (b) from making retail sales for off-premises
13consumption.
SB268-SA2,93,2414
(f) 1. If a manufacturer or rectifier may establish one or more full-service retail
15outlets under pars. (b) and (g) and the manufacturer or rectifier also holds a brewer's
16permit or winery permit or both and, as such, may establish full-service retail outlets
17under s. 125.29 (7) (b) and (g) or 125.53 (3) (b) and (g), the aggregate number of
18full-service retail outlets that may be established is the maximum number
19authorized under par. (b), under s. 125.29 (7) (b), or under s. 125.53 (3) (b), whichever
20is greatest, but not exceeding 3 full-service retail outlets. Under these
21circumstances, each authorized full-service retail outlet shall serve as the
22full-service retail outlet associated with each applicable permit, regardless of
23whether the permittee would otherwise be entitled to fewer full-service retail outlets
24when calculated under par. (b) or s. 125.29 (7) (b) or 125.53 (3) (b).
SB268-SA2,94,9
12. If a manufacturer or rectifier may engage in full-service retail sales on the
2manufacturing or rectifying premises as provided in par. (a) 2. and the manufacturer
3or rectifier also holds a brewer's permit or winery permit or both, the manufacturer
4or rectifier may make retail sales on the manufacturing or rectifying premises of
5fermented malt beverages produced under its brewer's permit or wine produced
6under its winery permit without first purchasing the fermented malt beverages or
7wine from a wholesaler holding a permit under s. 125.28 or 125.54 or receiving the
8fermented malt beverages under authorization of s. 125.29 (3m) (b), 125.295 (1) (g),
9or 125.30 (4).