Chapter 125

125.51(5)(c)4. 4. A person holding a permit under subd. 1. shall keep all invoices relating to the purchase of intoxicating liquor for sale on a vessel at the location where the intoxicating liquor is customarily stored.

125.51(5)(d) (d) Permits for certain tribes.

125.51(5)(d)1. 1. In this paragraph, “tribe” has the meaning given in s. 125.27 (3) (a).

125.51(5)(d)2. 2. Upon application, the division shall issue a “Class B” permit to a tribe that holds a valid certificate issued under s. 73.03 (50) and that is qualified under s. 125.04 (5) and (6). The permit authorizes the retail sale of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. The permit also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed 4 liters at any one time, to be consumed off the premises where sold, except that wine is not subject to the 4-liter limitation.

125.51(5)(d)3. 3. Except as provided in this paragraph, all sections of this chapter applying to “Class B” licenses apply to “Class B” permits issued under this paragraph.

125.51(5)(e) (e) Additional sales authority for permittees. Notwithstanding pars. (a) 2., (b) 3., (c) 3., and (d) 3. and ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition to the authorization specified in par. (a), (b), (c), or (d), a “Class B” permit issued under this subsection also authorizes the permittee to provide intoxicating liquor, including its retail sale, at specific locations within the Ozaukee County fairgrounds for consumption at these locations during special events held at the fairgrounds, if the Ozaukee County board adopts a resolution approving the permittee and if the premises covered by the “Class B” permit are located in Ozaukee County. Notwithstanding pars. (a), (b), (c), and (d), a permittee may provide intoxicating liquor under this paragraph at the Ozaukee County fairgrounds even though the Ozaukee County fairgrounds are not part of the premises described in the permit. A permittee that provides intoxicating liquor under this paragraph is subject to s. 125.68 (2) as if the intoxicating liquor were provided on the premises covered by the “Class B” permit. This paragraph does not authorize Ozaukee County or any person operating or managing the Ozaukee County fairgrounds to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply to a permit issued under par. (g).

125.51(5)(f) (f) Permits for racetrack grounds.

125.51(5)(f)1. 1. In this paragraph, “racetrack grounds” has the meaning given in s. 125.27 (5) (a).

125.51(5)(f)2. 2. The division may issue “Class B” permits for locations within racetrack grounds to any person that holds a valid certificate issued under s. 73.03 (50), that is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the racetrack grounds or is designated by the owner or operator of the racetrack grounds to operate premises located within the racetrack grounds. Subject to subd. 4., the permit authorizes the retail sale of intoxicating liquor, by the glass and not in the original package or container, on the premises covered by the permit, for consumption anywhere within the racetrack grounds. If the division issues more than one permit under this paragraph for the same racetrack grounds, no part of the premises covered by a permit under this paragraph may overlap with premises covered by any other permit issued under this paragraph.

125.51(5)(f)3. 3. Subject to ss. 125.07 (3) (a) 17. and 125.68 (4) (c) 4., all provisions of this chapter applying to “Class B” licenses apply to “Class B” permits issued under this paragraph, except as follows:

125.51(5)(f)3.a. a. A permit issued under this paragraph does not authorize retail sales of intoxicating liquor for consumption off the racetrack grounds.

125.51(5)(f)3.b. b. A permit issued under this paragraph authorizes the retail sale of intoxicating liquor for possession and consumption off the premises where sold if the possession and consumption occurs within the racetrack grounds.

125.51(5)(f)4. 4. A permit issued under this paragraph does not authorize retail sales of intoxicating liquor at any designated camping area on racetrack grounds while the area is in use for camping.

125.51(5)(f)5. 5. The division shall establish a fee for a permit issued under this paragraph in the amount of 50 percent of the fee for a permit issued under par. (a).

125.51(5)(g) (g) Permits for state fair park.

125.51(5)(g)1. 1. The state fair park board may issue “Class B” permits for locations at the state fair park to any person who holds a valid certificate issued under s. 73.03 (50), meets the qualifications under s. 125.04 (5) (a), (b), and (c), and, if applicable, satisfies the requirements under s. 125.04 (6). The state fair park board may use the application forms under s. 125.04 (3) (b) and (d) 1. or may prepare its own application forms with application information tailored to the permits under this paragraph. The state fair park board’s notice of meeting under s. 19.84 for a meeting at which a permit application will be considered shall be given at least 15 days prior to the meeting.

125.51(5)(g)2. 2. A permit issued under this paragraph authorizes the retail sale of intoxicating liquor, by the glass and not in the original package or container, on the premises covered by the permit, for consumption anywhere at the state fair park.

125.51(5)(g)3. 3. A permit issued under this paragraph may describe as premises under the permit multiple locations at the state fair park.

125.51(5)(g)4. 4. A permit issued under this paragraph to a person affiliated with a winery trade association may also authorize the permittee to make retail sales, in original packages or containers, for consumption away from the state fair park, of wine manufactured by members of the winery trade association.

125.51(5)(g)5. 5. A person holding a permit under this paragraph is subject to any requirements or conditions imposed upon the person by the state fair park board in the permit or under a lease or vendor agreement. This agreement may require the person to remit to the state fair park board a percentage of gross sales of alcohol beverages as specified in the agreement.

125.51(5)(g)6. 6. Sections 125.04 (3) (e), (f), and (g), (8), and (12), 125.045, 125.10, 125.12, and 125.185 do not apply with respect to a permit issued under this paragraph.

125.51(5)(g)7. 7. Permits issued under this paragraph are not subject to a quota under sub. (4).

125.51(5)(g)8. 8. A permit issued under this paragraph shall be valid for one year and expire on June 30. The state fair park board shall establish an annual fee for a permit issued under this paragraph in the amount of 50 percent of the annual fee for a permit issued under par. (a). All fees received under this subdivision shall be credited to the appropriation account under s. 20.190 (1) (h).

125.51(5)(g)9. 9.

125.51(5)(g)9.a. a. The state fair park board shall establish standards, consistent with subd. 1., and procedures for renewal of a permit issued under this paragraph.

125.51(5)(g)9.b. b. The state fair park board shall establish standards and procedures for suspension, revocation, or refusal to renew a permit issued under this paragraph. A suspension, revocation, or refusal to renew a permit under this paragraph is a contested case under ch. 227.

125.51(5)(g)10. 10. Except as otherwise provided in this paragraph, all sections of this chapter relating to “Class B” licenses apply to “Class B” permits issued under this paragraph.

125.51(5)(g)11. 11. The state fair park board shall have the enforcement powers of s. 42.01 over a permittee under this paragraph.

125.51(5)(g)12. 12. A municipality may not issue a “Class B” license for premises within the state fair park. No person may sell intoxicating liquor at retail at the state fair park unless the person holds a permit issued under this paragraph.

125.51(6) (6) Face-to-face retail sales. Except as provided in subs. (3) (bm), (bs), and (bx) and (5) (e) and except with respect to caterers, a retail license or permit issued under this section authorizes only face-to-face sales to consumers at the premises described in the retail license or permit.

125.51(7) (7) Sales in name of licensee or permittee. Every holder of a retail license or permit for the sale of intoxicating liquor shall purchase, advertise and sell intoxicating liquor in the holder’s name and under the holder’s license or permit only, except that holders of retail licenses or permits that are franchisees, as defined in s. 553.03 (5), may advertise, separately or together, in the name of the franchisor, as defined in s. 553.03 (6).

125.51 Cross-reference Cross-reference: See also s. Tax 8.61, Wis. adm. code.

125.51(8) (8) Connecting premises. Except in the case of hotels, no person may hold both a “Class A” license and either a “Class B” license or permit, a Class “B” license or permit or a “Class C” license for the same premises or for connecting premises. Except for hotels, if either type of license or permit is issued for the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.

125.51(9) (9) Licenses for less than one year.

125.51(9)(a) (a) A license may be issued after July 1 in any license year. The license shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions thereof remaining until the following June 30.

125.51(9)(b) (b) Licenses valid for 6 months may be issued at any time. The fee for the license shall be 50 percent of the annual license fee. The license may not be renewed during the calendar year in which issued.

125.51(10) (10) Temporary licenses.

125.51(10)(a) (a) Notwithstanding s. 125.68 (3), temporary “Class B” licenses may be issued to bona fide clubs and chambers of commerce, to county or local fair associations or agricultural societies, to churches, lodges, or societies that have been in existence for at least 6 months before the date of application, and to posts of veterans’ organizations authorizing the sale of wine in an original package, container, or bottle or by the glass if the wine is dispensed directly from an original package, container, or bottle at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The amount of the fee for the license shall be determined by the municipal governing body issuing the license but may not exceed $10, except that no fee may be charged to a person who at the same time applies for a temporary Class “B” license under s. 125.26 (6) for the same event. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of wine from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of wine from the stands while the fair is being held. If a county or district fair leases any stand to a winery holding a permit under s. 125.53, in addition to making retail sales of wine from the leased stand, the winery may provide taste samples anywhere on the fairgrounds of wine manufactured by the winery. If a license is issued under this paragraph to a fair association solely for the purpose of conducting on the licensed premises wine judging or tasting events involving servings of wine no greater than one fluid ounce each, s. 125.68 (2) does not apply to these licensed premises. Except as provided in par. (b), not more than 2 licenses may be issued under this paragraph to any club, chamber of commerce, county or local fair association, agricultural association, church, lodge, society, or veterans post in any 12-month period.

125.51(10)(b) (b)

125.51(10)(b)1. 1. A municipality may issue up to 20 licenses under par. (a) to the same licensee if all of the following apply:

125.51(10)(b)1.a. a. Each license is issued for the same date and times and the licensee is the sponsor of an event held at multiple locations within the municipality on this date and at these times.

125.51(10)(b)1.b. b. An admission fee is charged for participation in the event and no additional fee is charged for service of alcohol at the event.

125.51(10)(b)1.c. c. Within the immediately preceding 12-month period, the municipality has issued licenses under authority of this paragraph for fewer than 2 events.

125.51(10)(b)2. 2. The duration of an event under subd. 1. may not exceed one day.

125.51(10)(b)3. 3. For purposes of the 2-license limit imposed under par. (a), each event for which multiple licenses are issued as provided in subd. 1. shall count as one license toward this 2-license limit.

125.51(10)(b)4. 4. A municipal governing body or an official or body authorized by a municipal governing body to issue temporary “Class B” licenses may, upon issuance of a temporary “Class B” license as provided in subd. 1., authorize the licensee to permit underage persons to be on the licensed premises for the purpose of acting as designated drivers.

125.51 History History: 1981 c. 79, 202, 220; 1983 a. 27 ss. 1489c, 2202 (38); 1983 a. 250, 516; 1985 a. 74, 239, 302; 1987 a. 27, 91, 103, 249, 354, 399; 1989 a. 16, 30, 31, 252, 253, 359; 1991 a. 39; 1993 a. 112; 1995 a. 27; 1997 a. 27, 41, 248, 259; 1999 a. 9, 185; 2001 a. 16, 49; 2003 a. 124; 2005 a. 22, 268, 307; 2007 a. 20, 69, 85, 192; 2009 a. 28, 73; 2011 a. 129; 2013 a. 268; 2015 a. 10, 55, 62, 286, 372; 2017 a. 95, 364; 2019 a. 6; 2021 a. 21, 39, 43; 2021 a. 239 ss. 73, 74; 2023 a. 73; s. 35.17 correction in (3r) (b).

125.51 Annotation A city ordinance allowing a recipient of a new Class B license who pays the $10,000 fee under sub. (3) (e) 2. to apply for a $10,000 economic development grant from the city was not barred by the statute or constitution. Alexander v. City of Madison, 2001 WI App 208, 247 Wis. 2d 576, 634 N.W.2d 577, 00-2692.

125.51 Annotation The licensed premises, with respect to a “Class B” intoxicating liquor license under this section, may be co-extensive with the premises where consumption may occur. Thus, the premises to be listed on a “Class B” license are not necessarily confined to the dimensions of a bar room or storage room. Here, the town chose to license the entire eight acres of a resort as the premises for the sale, and also the consumption, of fermented malt beverages and intoxicating liquor. The town made that choice. The license was not void due to an insufficient description of the premises. Wisconsin Dolls, LLC v. Town of Dell Prairie, 2012 WI 76, 342 Wis. 2d 350, 815 N.W.2d 690, 10-2900.

125.51 Annotation Country clubs opening any part of their facilities to the general public lose their eligibility for “country club” liquor or beer licenses. 69 Atty. Gen. 248.

125.52 125.52 Manufacturers’ and rectifiers’ permits.

125.52(1) (1) Authorized activities.

125.52(1)(a) (a) The division shall issue manufacturers’ and rectifiers’ permits which authorize the manufacture or rectification, respectively, of intoxicating liquor on the premises covered by the permit. A person holding a manufacturer’s or rectifier’s permit may manufacture and bottle wine, pursuant to the terms of the permit, without procuring a winery permit.

125.52(1)(b) (b) A manufacturer’s or rectifier’s permit authorizes the permittee to engage in any of the following activities:

125.52(1)(b)1. 1. To sell intoxicating liquor in original unopened packages or containers to wholesalers holding a permit under s. 125.54.

125.52(1)(b)2. 2. To sell or transfer, in bulk or in any state of packaging, intoxicating liquor to wineries holding a permit under s. 125.53 and other manufacturers and rectifiers holding a permit under this section, from the premises described in the permit.

125.52(1)(b)3. 3. To transfer intoxicating liquor to, or receive intoxicating liquor from, another manufacturer or rectifier holding a permit under this section or a winery holding a permit under s. 125.53, in bulk or in any state of packaging, for purposes of further manufacturing, bottling, or storage.

125.52(1)(b)4. 4. To sell, ship, transport, and deliver intoxicating liquor, in bulk or in any state of packaging, that has been manufactured by the manufacturer or rectifier to another manufacture or rectifier holding a permit under this section.

125.52(1)(b)5. 5. To transport intoxicating liquor between the production premises and any depot, warehouse, or full-service retail outlet maintained by the manufacturer or rectifier or other premises for which the manufacturer or rectifier holds a permit under this chapter.

125.52(1)(b)6. 6. To provide taste samples, free of charge, on the manufacturer’s or rectifier’s premises or at the manufacturer’s or rectifier’s full-service retail outlet if the taste samples are of alcohol beverages the manufacturer or rectifier is authorized to sell under sub. (4) (c), or as authorized under s. 125.69 (9).

125.52(1)(c) (c) Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wines brought into this state under s. 139.03 (5).

125.52(2) (2) Limited manufacturer’s permit. The division shall issue a limited manufacturer’s permit which authorizes the use or sale of the intoxicating liquor produced only if it is rendered unfit for use as a beverage and is used or sold for use as fuel. The division shall notify the department of natural resources of the name and address of any person to whom a limited manufacturer’s permit is issued.

125.52(3) (3) Persons eligible. Except as provided under s. 125.69, a manufacturer’s or rectifier’s permit may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.

125.52(4) (4) Retail sales; full-service retail outlets.

125.52(4)(a) (a)

125.52(4)(a)1. 1. Notwithstanding ss. 125.04 (9) and 125.09 (1), a manufacturer or rectifier may make retail sales, on the manufacturing or rectifying premises, of intoxicating liquor that has been manufactured or rectified by the manufacturer or rectifier on the manufacturing or rectifying premises or on other premises of the manufacturer or rectifier, for on-premises or off-premises consumption.

125.52(4)(a)2. 2. Notwithstanding ss. 125.04 (9) and 125.09 (1), if a manufacturer or rectifier produced, on all manufacturing or rectifying premises operated by the manufacturer or rectifier in this state, a cumulative total of at least 1,500 liters of intoxicating liquor in any one of the 3 preceding calendar years, the manufacturer or rectifier may engage in full-service retail sales on the manufacturing or rectifying premises.

125.52(4)(b) (b) Notwithstanding ss. 125.04 (9) and 125.09 (1), and subject to pars. (d) and (g), if a manufacturer or rectifier produced, on all manufacturing or rectifying premises operated by the manufacturer or rectifier in this state, a cumulative total of at least 1,500 liters of intoxicating liquor in any one of the 3 preceding calendar years, the manufacturer or rectifier may engage in full-service retail sales at off-site locations identified in the manufacturer’s or rectifier’s permit. Subject to pars. (f) and (g), the number of retail sales locations a manufacturer or rectifier is allowed in addition to the manufacturing or rectifying premises is determined by the cumulative volume of intoxicating liquor the manufacturer or rectifier produced on all manufacturing or rectifying premises operated by the manufacturer or rectifier in this state in any one of the 3 preceding calendar years, as follows:

125.52(4)(b)1. 1. If the manufacturer’s or rectifier’s cumulative volume in a year was at least 1,500 liters of intoxicating liquor but less than 5,000 liters of intoxicating liquor, the manufacturer or rectifier may establish one full-service retail outlet.

125.52(4)(b)2. 2. If the manufacturer’s or rectifier’s cumulative volume in a year was at least 5,000 liters of intoxicating liquor but less than 35,000 liters of intoxicating liquor, the manufacturer or rectifier may establish not more than 2 full-service retail outlets.

125.52(4)(b)3. 3. If the manufacturer’s or rectifier’s cumulative volume in a year was at least 35,000 liters of intoxicating liquor, the manufacturer or rectifier may establish not more than 3 full-service retail outlets.

125.52(4)(c) (c)

125.52(4)(c)1. 1. Except as provided in subd. 2. and par. (f), a manufacturer or rectifier may make full-service retail sales of alcohol beverages on the manufacturing or rectifying premises and at any of its full-service retail outlets only if the alcohol beverages were purchased by the manufacturer or rectifier from a wholesaler holding a permit under s. 125.28 or 125.54, from a brewer authorized to make sales to retailers under s. 125.29 (3m), from a brewpub authorized to make sales to retailers under s. 125.295 (1) (g), or from a permittee under s. 125.30 authorized to make sales to retailers under s. 125.30 (4).

125.52(4)(c)2. 2. A manufacturer or rectifier is not required to purchase from another permittee intoxicating liquor produced by the manufacturer or rectifier that the manufacturer or rectifier sells at retail on the manufacturing or rectifying premises or at a full-service retail outlet of the manufacturer or rectifier.

125.52(4)(c)3. 3. Subject to subd. 2. and par. (f), a manufacturer or rectifier engaged in full-service retail sales on manufacturing or rectifying premises or at a full-service retail outlet of the manufacturer or rectifier is subject to ss. 125.33 (9) and 125.69 (6) to the same extent as if the manufacturer or rectifier were a retail licensee.

125.52(4)(d) (d)

125.52(4)(d)1. 1. A manufacturer or rectifier may not commence sales of alcohol beverages at a full-service retail outlet unless, prior to commencing such sales, the manufacturer or rectifier receives approval from the municipality in which the full-service retail outlet is located and from the division as provided in par. (g).

125.52(4)(d)2. 2. Subject to par. (f), a municipality may limit the scope of alcohol beverages offered for sale at a full-service retail outlet only with respect to alcohol beverages that are not of the same type as those produced by the person holding the manufacturer’s or rectifier’s permit. A municipality may not limit the sale, at a full-service retail outlet, of alcohol beverages produced by the person holding the manufacturer’s or rectifier’s permit. If a municipality limits the scope of alcohol beverages offered for sale, the provision of taste samples is limited to those alcohol beverages authorized to be sold.

125.52(4)(d)3. 3. Except as provided in subd. 2., a municipality’s approval under subd. 1. shall be based on the same standards and criteria that the municipality has established by ordinance for the evaluation and approval of retail license applications. A municipality may not impose any requirement or restriction in connection with the approval under subd. 1. that the municipality does not impose on retail licensees.

125.52(4)(e) (e)

125.52(4)(e)1. 1. A manufacturer or rectifier may operate a restaurant at any full-service retail outlet under this subsection and on the manufacturing or rectifying premises.

125.52(4)(e)2. 2. If the manufacturer or rectifier operates a restaurant as provided in subd. 1. and is authorized under this subsection to make retail sales of wine at the restaurant, the manufacturer or rectifier may make retail sales of wine in an opened original bottle, in a quantity not to exceed one bottle, for consumption both at the restaurant and away from the restaurant if all of the following apply:

125.52(4)(e)2.a. a. The purchaser of the wine orders food to be consumed at the restaurant.

125.52(4)(e)2.b. b. The manufacturer or rectifier provides a dated receipt that identifies the purchase of the food and the bottle of wine.

125.52(4)(e)2.c. c. Prior to the opened, partially consumed bottle of wine being taken away from the restaurant, the manufacturer or rectifier securely reinserts the cork into the bottle to the point where the top of the cork is even with the top of the bottle, or securely reattaches the original cap to the bottle, and the cork is reinserted or the cap is reattached at a time other than during the hours in which the manufacturer or rectifier is prohibited under sub. (5) (b) from making retail sales for off-premises consumption.

125.52(4)(f) (f)

125.52(4)(f)1. 1. If a manufacturer or rectifier may establish one or more full-service retail outlets under pars. (b) and (g) and the manufacturer or rectifier also holds a brewer’s permit or winery permit or both and, as such, may establish full-service retail outlets under s. 125.29 (7) (b) and (g) or 125.53 (3) (b) and (g), the aggregate number of full-service retail outlets that may be established is the maximum number authorized under par. (b), under s. 125.29 (7) (b), or under s. 125.53 (3) (b), whichever is greatest, but not exceeding 3 full-service retail outlets. Under these circumstances, each authorized full-service retail outlet shall serve as the full-service retail outlet associated with each applicable permit, regardless of whether the permittee would otherwise be entitled to fewer full-service retail outlets when calculated under par. (b) or s. 125.29 (7) (b) or 125.53 (3) (b).

125.52(4)(f)2. 2. If a manufacturer or rectifier may engage in full-service retail sales on the manufacturing or rectifying premises as provided in par. (a) 2. and the manufacturer or rectifier also holds a brewer’s permit or winery permit or both, the manufacturer or rectifier may make retail sales on the manufacturing or rectifying premises of fermented malt beverages produced under its brewer’s permit or wine produced under its winery permit without first purchasing the fermented malt beverages or wine from a wholesaler holding a permit under s. 125.28 or 125.54 or receiving the fermented malt beverages under authorization of s. 125.29 (3m) (b), 125.295 (1) (g), or 125.30 (4).

125.52(4)(f)3. 3. If a person holds more than one manufacturer’s permit or rectifier’s permit under this section, or more than one combination permit authorized under s. 125.55 (1), the retail sales authority under this subsection for manufacturing or rectifying premises applies with respect to each permit, but the limit on full-service retail outlets is an aggregate maximum, regardless of the number of permits held.