AB304,223781Section 223. 125.545 (title) of the statutes is amended to read: AB304,,782782125.545 (title) Small winery cooperative wholesalers. AB304,224783Section 224. 125.545 (1) (a) of the statutes is amended to read: AB304,,784784125.545 (1) (a) “Member” means a small winery or small manufacturer that meets the requirements established under this section for membership in a cooperative wholesaler and that has been qualified and accepted for membership in a cooperative wholesaler. AB304,225785Section 225. 125.545 (1) (ar) of the statutes is created to read: AB304,,786786125.545 (1) (ar) “Out-of-state manufacturer” means a manufacturer or rectifier of intoxicating liquor that is located in a state other than this state. AB304,226787Section 226. 125.545 (1) (cm) of the statutes is created to read: AB304,,788788125.545 (1) (cm) “Small manufacturer” means any manufacturer or rectifier that produces and bottles less than 50,000 gallons of intoxicating liquor other than wine in a calendar year. AB304,227789Section 227. 125.545 (1) (d) of the statutes is amended to read: AB304,,790790125.545 (1) (d) “Small winery” means any winery that produces and bottles less than 25,000 50,000 gallons of wine in a calendar year. AB304,228791Section 228. 125.545 (1) (e) of the statutes is amended to read: AB304,,792792125.545 (1) (e) “Small winery cooperative wholesaler” or “cooperative wholesaler” means an entity established under this section. AB304,229793Section 229. 125.545 (1) (em) of the statutes is created to read: AB304,,794794125.545 (1) (em) “Wisconsin manufacturer” means a manufacturer or rectifier operating under a permit issued under s. 125.52. AB304,230795Section 230. 125.545 (2) (a) 1. of the statutes is amended to read: AB304,,796796125.545 (2) (a) 1. A cooperative wholesaler may only be created as provided under s. 185.043 (2) and this section. Each cooperative wholesaler operating under authority of this section shall be organized under ch. 185 but shall be subject to the limitations on such cooperatives imposed by this section. Subject to subd. subds. 3. and 4., only small wineries and small manufacturers may be members of a cooperative wholesaler. The principal purpose of a cooperative wholesaler shall be to sell and distribute wine intoxicating liquor manufactured, blended, or mixed, and also bottled, by its members. AB304,231797Section 231. 125.545 (2) (a) 3. b. of the statutes is amended to read: AB304,,798798125.545 (2) (a) 3. b. The small winery is certified by the department division under sub. (6) (a) as a small winery. AB304,232799Section 232. 125.545 (2) (a) 4. of the statutes is created to read: AB304,,800800125.545 (2) (a) 4. A small manufacturer may become a member of a cooperative wholesaler only if the small manufacturer is certified by the division under sub. (6) (a) as a small manufacturer. AB304,233801Section 233. 125.545 (2) (b) of the statutes is amended to read: AB304,,802802125.545 (2) (b) In addition to the requirements specified in s. 185.31 for the board of directors of a cooperative wholesaler, a director representing a member that is a Wisconsin winery or Wisconsin manufacturer shall be either an owner or an employee of that Wisconsin winery or Wisconsin manufacturer. If any out-of-state winery or out-of-state manufacturer is a member of the cooperative wholesaler, at least one director shall be either an owner or an employee of an out-of-state winery or out-of-state manufacturer that is a member of the cooperative wholesaler. AB304,234803Section 234. 125.545 (2) (c) of the statutes is amended to read: AB304,,804804125.545 (2) (c) Notwithstanding any provision of ch. 185, a cooperative wholesaler may not employ any owner or employee of a member. However, an individual that is an owner or an employee of a member may act as a volunteer to assist that cooperative wholesaler in the sale and distribution of wine intoxicating liquor to retailers and other wholesalers in the manner authorized under this section. AB304,235805Section 235. 125.545 (3) (a) 1. of the statutes is amended to read: AB304,,806806125.545 (3) (a) 1. Within 7 days after filing its articles of incorporation under ch. 185, a cooperative wholesaler shall apply to the department division for a wholesaler’s permit under s. 125.54. The provisions of s. 125.04 (5) (c) and (6) shall apply to a cooperative wholesaler as if the cooperative wholesaler were a corporation or a limited liability company and, for each of these provisions, the department division shall determine whether the cooperative wholesaler is most similar to a corporation or a limited liability company in the context of that provision and apply that provision to the cooperative wholesaler accordingly. AB304,236807Section 236. 125.545 (3) (a) 2. of the statutes is amended to read: AB304,,808808125.545 (3) (a) 2. Notwithstanding s. 125.54 (6), the department division may issue not more than one wholesaler’s permit to any cooperative wholesaler. The department division may not issue more than a total of 6 wholesalers’ permits to cooperative wholesalers in this state. The department Except as provided in subd. 2m., the division may not issue any new wholesaler’s permit to a cooperative wholesaler after December 31, 2008, but may renew wholesalers’ permits that were initially issued to cooperative wholesalers prior to that date. AB304,237809Section 237. 125.545 (3) (a) 2m. of the statutes is created to read: