AB304,171590Section 171. 125.33 (9) of the statutes is renumbered 125.33 (9) (a) and amended to read:
AB304,,591591125.33 (9) (a) Except as provided in ss. 125.29 (3m) (b) and (c), 125.295 (1) (g), and 125.30 (4), no campus or retail licensee or permittee may purchase or possess fermented malt beverages purchased from any person other than a wholesaler holding a permit under this chapter for the sale of fermented malt beverages.
AB304,,592592(b) Any person who violates this subsection may par. (a), if the total volume of fermented malt beverages purchased or possessed by that person in one month is 4,320 fluid ounces or less, may be required to forfeit not more than $100. A person who purchases or possesses more than 4,320 fluid ounces of fermented malt beverages in one month in violation of par. (a) shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.
AB304,172593Section 172. 125.33 (9) (c) of the statutes is created to read:
AB304,,594594125.33 (9) (c) Notwithstanding par. (b), a Class “B” licensee or permittee who purchases fermented malt beverages from a Class “A” licensee for resale or who possesses fermented malt beverages purchased from a Class “A” licensee for resale may be fined not more than $100.
AB304,173595Section 173. 125.33 (12) of the statutes is amended to read:
AB304,,596596125.33 (12) Providing taste samples on Class “A” retail premises. Notwithstanding s. 125.34 (6), with the consent of the Class “A” or Class “B” licensee, a brewer may provide, free of charge, on Class “A” or Class “B” premises, taste samples of fermented malt beverages to any person who has attained the legal drinking age for consumption on the premises during hours in which the Class “A” licensee is authorized under s. 125.25 (1) to provide taste samples or, if more restrictive, only during hours established by ordinance by a municipality under s. 125.32 (3) (d) between the hours of 11 a.m. and 7 p.m. The provision of taste samples under this subsection shall be subject to the same limitations that apply to taste samples provided by a Class “A” licensee under s. 125.25 (1). No brewer may provide as taste samples under this subsection any fermented malt beverages that the brewer did not purchase from the Class “A” licensee on whose premises the taste samples are provided. A brewer may provide taste samples of any fermented malt beverages that the brewer purchased from the retail licensee or that the brewer produced on premises covered by its brewer’s permit and brings to the retail premises, but the brewer may not leave at the retail premises any unused fermented malt beverages not purchased from the retail licensee. A brewer may provide taste samples under this subsection through an individual representing the brewer who is hired by the brewer and who is not employed by or an agent of a wholesaler. All provisions of this subsection that apply to a brewer apply equally to any individual representing a brewer.
AB304,174597Section 174. 125.34 (6) of the statutes is amended to read:
AB304,,598598125.34 (6) Except as provided in ss. 125.29 (3), (3m) (b) and (c), and (7) and 125.30 (4), a brewer or out-of-state shipper may sell, transport, and deliver fermented malt beverages only to a wholesaler.
AB304,175599Section 175. 125.51 (1) (a) of the statutes is amended to read:
AB304,,600600125.51 (1) (a) Subject to sub. (2) (e) 2., every municipal governing body may grant and issue “Class A” and “Class B” licenses for retail sales of intoxicating liquor, and “Class C” licenses for retail sales of wine, from premises within the municipality to persons entitled to a license under this chapter as the issuing municipal governing body deems proper and may authorize an official or body of the municipality to issue temporary “Class B” licenses under sub. (10). No “Class B” license may be issued to a winery under sub. (3) (am) unless the winery has been issued a permit under s. 125.53 and the winery is capable of producing at least 5,000 gallons of wine per year in no more than 2 locations.
AB304,176601Section 176. 125.51 (2) (am) of the statutes is amended to read:
AB304,,602602125.51 (2) (am) In addition to the authorization under par. (a) and s. 125.06 (13), a “Class A” license authorizes the licensee to provide, free of charge, to customers and visitors who have attained the legal drinking age, taste samples of intoxicating liquor other than wine that are not in original packages or containers and that do not exceed 0.5 fluid ounces each, for consumption on the “Class A” premises. No “Class A” licensee may provide more than one such taste sample per day to any one person. Taste samples may be provided under this paragraph only between the hours of 11 a.m. and 7 p.m. and may not exceed the quantities specified in s. 125.69 (9) (b). Any representative of a manufacturer, rectifier, winery, or out-of-state shipper issued a permit under s. 125.52, 125.53, or 125.58 may assist the “Class A” licensee in dispensing or serving the taste samples. No “Class A” licensee may provide as taste samples under this paragraph intoxicating liquor other than wine that the “Class A” licensee did not purchase from a wholesaler.
AB304,177603Section 177. 125.51 (2) (e) 3. of the statutes is amended to read:
AB304,,604604125.51 (2) (e) 3. Notwithstanding par. pars. (a) and (am) and s. 125.06 (13) 125.69 (9), a person issued a “Class A” license under subd. 2. may not make retail sales, or provide taste samples, of any intoxicating liquor other than cider. Paragraph (am) does not apply to a person issued a “Class A” license under subd. 2, and may not allow a winery, manufacturer, or rectifier to provide taste samples of any intoxicating liquor other than cider, on the “Class A” premises.
AB304,178605Section 178. 125.51 (3) (a) of the statutes is amended to read:
AB304,,606606125.51 (3) (a) A “Class B” license authorizes the retail sale of intoxicating liquor by the glass and not in the original package or container for consumption on the premises where sold or for consumption off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises. In addition, wine may be sold in the original package or container in any quantity to be consumed off the premises where sold. This paragraph does not apply in municipalities in which the governing body elects to come under par. (b) or to a winery that has been issued a “Class B” license. Paragraph (am) applies to all wineries that have been issued a “Class B” license.
AB304,179607Section 179. 125.51 (3) (am) of the statutes is repealed.
AB304,180608Section 180. 125.51 (3) (b) of the statutes is amended to read:
AB304,,609609125.51 (3) (b) In all municipalities electing by ordinance to come under this paragraph, a retail “Class B” license authorizes the sale of intoxicating liquor to be consumed by the glass on the premises where sold or off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises. The “Class B” license also authorizes the sale of intoxicating liquor in the original package or container, in any quantity, to be consumed off the premises where sold. This paragraph does not apply to a winery that has been issued a “Class B” license. Paragraph (am) applies to all wineries that have been issued a “Class B” license.
AB304,181610Section 181. 125.51 (3) (bg) of the statutes is created to read:
AB304,,611611125.51 (3) (bg) 1. In this paragraph, “bulk container” means a container exceeding 1.75 liters in volume.
AB304,,6126122. This paragraph applies only with respect to a “Class B” licensee exercising its authority under par. (a) or (b) to make retail sales of intoxicating liquor for consumption on the premises where sold or for consumption off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises.
AB304,,6136133. Notwithstanding s. 125.03 (2) and any rule promulgated thereunder, a “Class B” licensee may, on the licensed premises, prepare, store, and dispense mixed drinks containing intoxicating liquor, in advance of sale as described in subd. 2., if all of the following apply:
AB304,,614614a. The mixed drink is provided to the consumer in a glass or other container not exceeding 72 ounces in volume.
AB304,,615615b. The mixed drink has not been stored in a container for more than 48 hours prior to its sale to a customer.
AB304,,616616c. If the mixed drink is stored in or dispensed from a bulk container, the bulk container does not exceed 5 gallons in volume and is labeled in compliance with the requirements established under subd. 4.
AB304,,617617d. The licensee has not stored the mixed drink in or dispensed the mixed drink from a wine bottle and has ensured compliance with ss. 125.68 (8) (a) 2. and 3. and 125.69 (6), as well as compliance with any other applicable state or federal food safety regulation and any federal alcohol regulation.
AB304,,6186184. The division shall prescribe the form of the label to be used by “Class B” licensees under subd. 3. c., but the form shall require the licensee to disclose on the label all of the following information: