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ALCOHOL BEVERAGES 125.021Updated 17-18 Wis. Stats.Updated 2017-18 Wis. Stats. Published and certified under s. 35.18. January 17, 2019.2017-18 Wisconsin Statutes updated by 2017 Wis. Acts 368 to 370 and through all Supreme Court and Controlled SubstancesBoard Orders filed before and in effect on January 17, 2019. Published and certified under s. 35.18. Changes effective afterJanuary 17, 2019, are designated by NOTES. (Published 1-17-19)CHAPTER 125ALCOHOL BEVERAGESSUBCHAPTER IGENERAL PROVISIONS125.01Legislative intent.125.015Severability. 125.02Definitions.125.03Department rule making.125.035Civil liability exemption: furnishing alcohol beverages.125.037Civil liability exemption for municipalities.125.039Civil liability exemption for retaining proofs of age.125.04General licensing requirements.125.045Booklet for licensees and permittees.125.06License and permit exceptions.125.07Underage and intoxicated persons; presence on licensed premises; possesœsion; penalties.125.075Injury or death by providing alcohol beverages to a minor.125.085Proof of age.125.09General restrictions.125.10Municipal regulation.125.105Impersonating an officer. 125.11 Penalties.125.115 Responsibility for commission of a crime.125.12Revocations, suspensions, refusals to issue or renew.125.13Report of suspension, revocation or imposition of penalty.125.14Enforcement provisions.125.145Prosecutions by attorney general or department.125.15Actions against intoxicating liquor wholesalers.125.16Actions to recover price denied.125.17Issuance of operators’ licenses.125.18Issuance of managers’ licenses.125.185Provisional retail licenses.125.19Alcohol beverage warehouse permit.SUBCHAPTER IIFERMENTED MALT BEVERAGES125.25Class ªAº licenses.125.26Class ªBº licenses.125.27Class ªBº permits.125.272Face-to-face retail sales.125.275Industrial fermented malt beverages permit.125.28Wholesalers’ permits.125.29Brewers.125.295Brewpub permits.125.30Out-of-state shippers’ permits; delivery to wholesalers.125.315Evading provisions of law by giving away fermented malt beverages.125.32General restrictions and requirements.125.33Restrictions on dealings between brewers, brewpubs, wholesalers, andretailers.125.34Distribution restrictions on wholesalers, brewers, brewpubs, and out-of-state shippers.SUBCHAPTER IIIINTOXICA TING LIQUOR125.51Retail licenses and permits.125.52Manufacturers’ and rectifiers’ permits.125.53Winery permit.125.535Direct wine shippers’ permits.125.54Wholesalers’ permits.125.545Small winery cooperative wholesalers.125.55Combination permits.125.56Sacramental wine.125.58Out-of-state shippers’ permit; exception to requirement.125.60Wholesale alcohol permit.125.61Medicinal alcohol permit.125.62Industrial alcohol permit.125.63Industrial wine permit.125.65Permit to solicit for future sales.125.66Sale without license; failure to obtain permit; penalties.125.67Evading provisions of law by giving away intoxicating liquor; penalties.125.68General restrictions and requirements.125.69Restrictions on dealings between manufacturers, rectifiers, wholesalersand retailers.125.70Trade show samples.NOTE: Chapter 79, laws of 1981, which created this chapter of the statutes,contains extensive notes explaining the revisions. See the 1981 Session Laws.SUBCHAPTER IGENERAL PROVISIONS125.01Legislative intent. This chapter shall be construed asan enactment of the legislature’s support for the 3-tier system foralcohol beverages production, distribution, and sale that, throughuniform statewide regulation, provides this state regulatoryauthority over the production, storage, distribution, transportaœ tion, sale, and consumption of alcohol beverages by and to its citiœ zens, for the benefit of the public health and welfare and thisstate’s economic stability. Without the 3-tier system, the effectivestatewide regulation and collection of state taxes on alcohol bevœ erages sales would be seriously jeopardized. It is further the intentof the legislature that without a specific statutory exception, allsales of alcohol beverages shall occur through the 3-tier system,from manufacturers to wholesalers holding a permit to retailers toconsumers. Face-to-face retail sales at licensed premises directlyadvance the state’s interest in preventing alcohol sales to underageor intoxicated persons and the state’s interest in efficient andeffective collection of tax.History: 1981 c. 79; 2005 a. 103; 2007 a. 85; 2011 a. 32.State liquor laws, including licensing requirements, are applicable to liquor estabœlishments owned or operated by either tribe members or non-Indians, and located onIndian reservations. Any license issued counts toward the local quota. 75 Atty. Gen.123.Indian tribes are within the coverage of this chapter; any license issued to a tribecounts toward the local quota. 76 Atty. Gen. 80.125.015Severability . If any provision or clause of this chapœ ter or its application to any person or circumstance is held invalid,the invalidity shall not affect other provisions or applications ofthis chapter that can be given effect without the invalid provisionor application, and to this end the provisions of this chapter areseverable.History: 2007 a. 20.Interpreting s. 990.001 (11), an unconstitutional clause was found severable. Wisœconsin Wine & Spirit Institute v. Ley, 141 Wis. 2d 958, 416 N.W.2d 914 (Ct. App.1987). 125.02Definitions. Except as otherwise provided, in thischapter:(1)ªAlcohol beveragesº means fermented malt beveragesand intoxicating liquor.(1m)ªBarrelº means 31 U.S. gallons.(2)ªBrewerº means any person who manufactures fermentedmalt beverages for sale or transportation, except that ªbrewerºdoes not include a permittee under s. 125.295.(2d)ªBrewer groupº means a brewer, including all premisesfor which the brewer holds a permit issued under s. 125.29,together with all of the following:(a) All brewers that share membership with the brewer in acontrolled group of brewers, as determined under 26 USC 5051(a) (2) (B).(b) All brewers considered with the brewer as one taxpayerunder 27 CFR 25.111 b (b).(c) All franchisees, as defined in s. 553.03 (5), of the brewer.(d) All franchisees, as defined in s. 553.03 (5), of the brewer’s franchisor, as defined in s. 553.03 (6).(e) The franchisor, as defined in s. 553.03 (6), of the brewer.(2h)ªBrewpubº means a permittee under s. 125.295.
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