Effective date note
NOTE: Sub. (7) is amended eff. 1-1-25 by
2023 Wis. Act 73 to read:
Effective date text
(7) Penalties. (a) Any winery or manufacturer that sells or distributes its intoxicating liquor directly to a retailer, rather than through a wholesaler or cooperative wholesaler, is subject to a fine of not more than $10,000 and revocation of all of its permits by the division under s. 125.12 (5).
Effective date text
(b) Any cooperative wholesaler that provides preferential treatment to a Wisconsin winery or Wisconsin manufacturer or discriminates against an out-of-state winery or out-of-state manufacturer is subject to a fine of not more than $10,000 and revocation of its wholesaler's permit by the division under s. 125.12 (5).
125.545 Cross-reference
Cross-reference: See also s.
Tax 8.05, Wis. adm. code.
125.55
125.55
Combination permits. 125.55(1)(1)
The division may issue a combination manufacturer's and rectifier's permit.
125.55(2)
(2) A combination manufacturer's and wholesaler's permit may not be issued. A combination rectifier's and wholesaler's permit may not be issued.
125.56
125.56
Sacramental wine. 125.56(1)(1)
Authorization to sell. Any person holding a permit under s.
125.52 (1),
125.53 or
125.54 may sell sacramental wine directly to persons holding permits under sub.
(2).
125.56(2)(a)
(a) The division shall issue sacramental wine permits to organized religious bodies authorizing them to purchase for their own use sacramental wine from any permittee under s.
125.52 (1),
125.53 or
125.54. A permit under this subsection does not authorize the resale of sacramental wine by the permittee.
125.56(2)(b)
(b) No sacramental wine permit may be issued to a person acting as an agent for or in the employ of another.
125.56(2)(c)
(c) Shipments of sacramental wine shall be conspicuously labeled “for sacramental purposes" and shall meet any other requirements the division prescribes by rule.
125.56 History
History: 1981 c. 79;
1983 a. 516 s.
8;
2023 a. 73.
125.58
125.58
Out-of-state shippers' permit; exception to requirement. 125.58(1)(1)
The division shall issue out-of-state shippers' permits which authorize persons located outside this state to sell or ship intoxicating liquor into this state. Except as provided under subs.
(4) and
(5), intoxicating liquor may be shipped into this state only 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 this section, to a person holding a manufacturer's or rectifier's permit under s.
125.52 or a winery permit under s.
125.53. Except as provided under subs.
(4) and
(5), a separate out-of-state shipper's permit is required for each location from which any intoxicating liquor is sold or shipped into this state, including the location from which the invoices are issued for the sales or shipments. Any person holding an out-of-state shipper's permit issued under this section may solicit orders for sales or shipments by the permittee without obtaining the sales solicitation permit required by s.
125.65, but every agent, salesperson or other representative who solicits orders for sales or shipments by an out-of-state shipper shall first obtain a permit for soliciting orders under s.
125.65. No holder of an out-of-state shipper's permit issued under this section may sell intoxicating liquor in this state or ship intoxicating liquor into this state unless the out-of-state shipper is the primary source of supply for that intoxicating liquor.
125.58(2)(a)(a) Out-of-state shippers' permits may be issued only to a person who holds a valid certificate issued under s.
73.03 (50), but may not be issued to a person acting as an agent for or in the employ of another. Notwithstanding s.
125.04 (5) (a), natural persons obtaining out-of-state shippers' permits are not required to be residents of this state. 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. Notwithstanding s.
125.04 (6), corporations or limited liability companies obtaining out-of-state shippers' permits are not required to appoint agents.
125.58(2)(b)1.1. Unless the permittee or agent of the permittee appointed under s.
125.04 (6) is a resident of this state, or unless the permittee maintains a registered agent in this state under s.
180.0501, 180.1507, 183.0105, or 183.1007, [s.
180.0501,
180.1507,
183.0115, or
183.0903,] a permittee under this section shall appoint and continually engage the services of an agent in this state to act as agent for the service of process on whom all processes, and any action or proceeding against the permittee concerning or arising out of the enforcement of any provision of this chapter or ch.
139, may be served in any manner authorized by law. That service shall constitute legal and valid service of process on the permittee. The permittee shall provide to the division, in the form and manner prescribed by the division, the name, address, phone number, and proof of the appointment and availability of the agent.
125.58 Note
NOTE: The correct cross-references are shown in brackets. Corrective legislation is pending.
125.58(2)(b)2.
2. The permittee shall provide notice to the division 30 calendar days before termination of the authority of an agent under subd.
1. and shall provide proof to the satisfaction of the division of the appointment of a new agent no less than 5 calendar days before the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the permittee shall notify the division of that termination within 5 calendar days and shall include proof to the satisfaction of the division of the appointment of a new agent.
125.58(2)(b)3.
3. If a permittee fails to maintain an agent in this state after a permit is issued under this section, the permittee is considered to have appointed the department of financial institutions as the permittee's agent, and the permittee may be proceeded against in courts of this state by service of process upon the department of financial institutions.
125.58(2)(c)
(c) The application for a permit under this section shall include a provision that the permittee agrees to do all of the following:
125.58(2)(c)1.
1. File reports, provide records, and allow inspections and examinations to the extent provided in s.
125.025 and ch.
139.
125.58(2)(c)2.
2. Pay the expenses reasonably attributable to inspections and examinations made by the division at the premises of the permittee located outside this state.
125.58(2)(c)3.
3. Accept service of process and consent to jurisdiction in any proceeding in this state to enforce the provisions of this chapter or ch.
139.
125.58(4)
(4) A winery located outside of this state may ship wine into this state as provided under s.
125.535 and is not required to hold an out-of-state shipper's permit under this section.
125.58(5)
(5) A fulfillment house located outside this state that holds a permit under s.
125.23 may ship wine into this state as provided in s.
125.23 and is not required to hold an out-of-state shipper's permit under this section.
125.58 Cross-reference
Cross-reference: See also ss.
Tax 8.35 and
8.61, Wis. adm. code.
125.58 Annotation
Treating All Grapes Equally: Interstate Alcohol Shipping After Granholm. Gary. Wis. Law. Mar. 2010.
125.60
125.60
Wholesale alcohol permit. 125.60(1)(1)
The division may issue a wholesale alcohol permit which authorizes the permittee to sell ethyl alcohol of 190 proof or more to persons holding permits or licenses issued under s.
125.61 or
125.62. Nothing in this section requires manufacturers, rectifiers and wholesalers holding permits issued under s.
125.52 (1) or
125.54 to obtain a wholesale alcohol permit.
125.60(2)
(2) Wholesale alcohol permits 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 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 qualified for a permit under this section.
125.60(3)
(3) Holders of wholesale alcohol permits who do not hold permits issued under s.
125.52 (1) or
125.54 are exempt from s.
125.65 as it relates to special permits for agents or representatives of wholesale alcohol permit holders.
125.60(4)
(4) Holders of wholesale alcohol permits under this section who do not hold permits issued under s.
125.52 (1) or
125.54 may sell or deal in ethyl alcohol, except that no alcohol may be sold for consumption on the premises of the permittee.
125.61
125.61
Medicinal alcohol permit. 125.61(1)(1)
The division may issue a medicinal alcohol permit which authorizes the permittee to purchase and use alcohol for medicinal purposes only. The permit may be issued only to persons who prove to the division that they use alcohol for medicinal purposes.
125.61(2)
(2) Medicinal alcohol permits may be issued to any person qualified under s.
125.04 (5), except 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 qualified for a permit under this section.
125.61(3)
(3) Shipments of medicinal alcohol shall be conspicuously labeled “for medicinal purposes" and shall meet other requirements which the division prescribes by rule.
125.61(4)
(4) A medicinal permit shall be issued free of charge by the division and is not subject to s.
125.04 (11) (a).
125.62
125.62
Industrial alcohol permit. 125.62(1)(1)
The division may issue an industrial alcohol permit which authorizes the permittee to purchase and use alcohol for industrial purposes only. Such permits may be issued only to persons who prove to the division that they use alcohol for industrial purposes.
125.62(2)
(2) Industrial alcohol permits 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 person acting as 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 qualified for a permit under this section.
125.62(3)
(3) Shipments of industrial alcohol shall be conspicuously labeled “for industrial purposes" and shall meet other requirements which the division prescribes by rule.
125.63
125.63
Industrial wine permit. 125.63(1)(1)
The division may issue an industrial wine permit which authorizes the purchase and use of wine for industrial purposes only. An industrial wine permit may be issued only to persons who prove to the division that they use wine for industrial purposes.
125.63(2)
(2) Industrial wine permits 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 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 qualified for a permit under this section.
125.63(3)
(3) Shipments of industrial wine shall be conspicuously labeled “for industrial purposes" and shall meet other requirements which the division prescribes by rule.
125.65
125.65
Permit to solicit for future sales. 125.65(1)(1)
The division may issue a permit for wholesale sales for future delivery which authorizes the permittee to solicit orders, and to engage in the sale, of intoxicating liquor for delivery at a future date. A person holding a permit under this section may give a sample of a brand of intoxicating liquor to a “Class A" licensee who has not previously purchased that brand from the permittee.
125.65(2)
(2) Permits for wholesale sale for future delivery may be issued to any person who holds a valid certificate issued under s.
73.03 (50), who is qualified under s.
125.04 (5) (a) 1. and
(b) and who is at least 18 years of age.
125.65(3)
(3) Both natural persons engaged in actual solicitation of orders or sales and their employers shall obtain permits under this section.
125.65(4)
(4) The division shall require the following information in applications for permits under this section:
125.65(4)(b)
(b) The name and address of the applicant; if the applicant is a partnership, limited liability company or association, the name and address of each member thereof; or if the applicant is a corporation, the name and address of each of its officers.
125.65(4)(c)
(c) The places where the business is to be conducted.
125.65(4)(d)
(d) For the period of at least 3 years immediately preceding the date of application, the business or occupation, if any, engaged in by the applicant; if a partnership, limited liability company or association, by each member thereof; or if a corporation, by each officer.
125.65(4)(e)
(e) Any other information required by the division.
125.65(6)
(6) Employers shall furnish the division with the names of all employees engaged in activities requiring a permit under this section and shall notify the division whenever an employee begins or terminates employment. Upon leaving employment, an employee shall submit his or her permit to the division for cancellation.
125.65(7)
(7) Every person holding a permit under this section shall exhibit it upon request to any prospective purchaser.
125.65(8)
(8) Nonresident persons holding permits under this section may solicit sales from retailers in this state only if the orders are solicited for, and will be filled by, persons holding permits under s.
125.54.
125.65(9)
(9) Any person who violates this section shall be fined not less than $100 nor more than $500 or imprisoned for not less than 30 days nor more than 6 months or both. Conviction for a violation of this section shall result in automatic revocation of any permit issued under this section. If a permit issued under this section is so revoked, another permit may not be issued to the same person for a period of 2 years following revocation.
125.65(10)
(10) The division may not require a fee for a permit under this section for an individual who is eligible for the veterans fee waiver program under s.
45.44.
125.65 Cross-reference
Cross-reference: See also ss.
Tax 8.12 and
8.76, Wis. adm. code.
125.66
125.66
Sale without license; failure to obtain permit; penalties. 125.66(1)(1)
No person may sell, or possess with intent to sell, intoxicating liquor unless that person holds the appropriate license or permit. Whoever violates this subsection may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
125.66(2)
(2) The issuance of any current permit or special tax stamp of the federal government to any person, authorizing or permitting the person to sell intoxicating liquor, shall be prima facie evidence in any prosecution for violation of this section that the person was engaged in selling intoxicating liquor.
125.66(3)
(3) Any person manufacturing or rectifying intoxicating liquor without holding appropriate permits under this chapter, or any person who sells such liquor, is guilty of a Class F felony.
125.66(4)
(4) Notwithstanding sub.
(1) and s.
125.04 (1), a “Class A" licensee who sells intoxicating liquor to a “Class B" licensee for resale may be fined not more than $100.
125.66 Annotation
A license never should have been issued when a notice of application had not been published as required under s. 125.04 (3) (g), and a license issued without publication is void under s. 125.04 (2). Selling liquor under a void license constitutes a violation of sub. (1). Under s. 125.12, a renewal licensee, if refused, is guaranteed a right to be heard by the municipality, and the municipality must show cause for refusal, but a new licensee, if refused, has no such guarantee. When an original license is void, the applicant is a new licensee. Williams v. City of Lake Geneva,
2002 WI App 95,
253 Wis. 2d 618,
643 N.W.2d 864,
01-1733.
125.67
125.67
Evading provisions of law by giving away intoxicating liquor; penalties. No person may give away intoxicating liquor or use any other means to evade any law of this state relating to the sale of intoxicating liquor. Whoever violates this subsection may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
125.67 History
History: 1981 c. 79;
1989 a. 253.
125.68
125.68
General restrictions and requirements. 125.68(1)(1)
Managers' licenses; “Class B" and “Class C" premises. 125.68(1)(a)(a) If a municipal governing body elects to issue managers' licenses under s.
125.18, no person may manage premises operating under a “Class B" license or permit or a “Class C" license unless the person is the licensee or permittee, an agent of a corporation or limited liability company appointed as required by s.
125.04 (6) or the holder of a manager's license. A manager's license issued in respect to a vessel under s.
125.51 (5) (c) is valid outside the municipality that issues it. A person manages premises if that person has responsibility or authority for:
125.68(1)(a)1.
1. Personnel management of all employees, whether or not the person is authorized to sign employment contracts;
125.68(1)(a)2.
2. The terms of contracts for the purchase or sale of goods or services, whether or not the person is authorized to sign the contracts; or
