125.29 Brewers.
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/wi/chapter-125/125-29-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
125.29 Brewers.
(1)Permit. No person may operate as a brewer unless that person obtains a permit from the division. A permit under this section may only be issued to a person who holds a valid certificate issued under s. 73.03
(50).
(2)Interest restrictions.
(a)Subject to s. 125.20
(6), a brewer’s permit may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:
1. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51
(2).
2. A Class “B” license issued under s. 125.26 , “Class B” license issued under s. 125.51
(3), or “Class C” license issued under s. 125.51
(3m).
3. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51
(5).
4. Except as provided in par.
(c), a wholesaler’s permit issued under s. 125.28 or 125.54 .
5. A brewpub permit issued under s. 125.295 .
6. A no-sale event venue permit under s. 125.24 .
(c)If a wholesaler that has been granted distribution rights by a brewer for a brand in a designated sales territory is unable to service the designated sales territory for any reason, including the discontinuation of the wholesaler’s distribution rights, bankruptcy, or criminal prosecution of the wholesaler in connection with operation of the wholesaler, and the reason is not the result of an action by the brewer, then a brewer shall be allowed, for a period of not more than one year, to take temporary control and operation of the wholesaler.
(3)Authorized activities. The division shall issue brewer’s permits to eligible applicants authorizing all of the following:
(a)The manufacture of fermented malt beverages on the brewery premises.
(b)The bottling, packaging, possession, and storage of fermented malt beverages on the brewery premises.
(c)The transportation of fermented malt beverages between the brewery premises and any depot, warehouse, or full-service retail outlet maintained by the brewer, off-site retail outlet established by the brewer, or other premises for which the brewer holds a permit under this chapter.
(d)The sale, shipment, transportation, and delivery, in original unopened packages or containers, to wholesalers, from the brewery premises, of fermented malt beverages that have been manufactured by the brewer on those premises or on other premises of the brewer.
(dm)The sale, shipment, transportation, and delivery of fermented malt beverages, in bulk or in any state of packaging, that have been manufactured by the brewer to another brewer holding a permit under this section, and the receipt of the fermented malt beverages by the other brewer.
(e)Notwithstanding ss. 125.04
(9)and 125.09
(1), and subject to sub.
(h), the retail sale of fermented malt beverages that have been manufactured on the brewery premises or on other premises of the brewer for on-premise consumption by individuals at an off-site retail outlet established by the brewer.
(f)Notwithstanding ss. 125.04
(9)and 125.09
(1), and subject to sub.
(h), the retail sale to individuals of fermented malt beverages, in original unopened packages or containers, that have been manufactured on the brewery premises or on other premises of the brewer for off-premise consumption by individuals, if the sale occurs at an off-site retail outlet established by the brewer.
(h)Notwithstanding ss. 125.04
(9)and 125.09
(1), the retail sale of intoxicating liquor, for on-premises consumption by individuals at the brewery premises or an off-site retail outlet established by the brewer, if all of the following apply:
1. The brewer held, on June 1, 2011, a license or permit authorizing the retail sale of intoxicating liquor at the location.
2. The intoxicating liquor has been purchased by the brewer from a wholesaler holding a permit under s. 125.54 .
3. The brewer is not eligible to make full-service retail sales under sub.
(7)at the location.
(i)The provision of free taste samples on the brewery premises, at an off-site retail outlet established by the brewer, or at the brewer’s full-service retail outlet if the taste samples are of alcohol beverages the brewer is authorized to sell under pars.
(e)and
(f)or sub.
(c)or as authorized under s. 125.33
(12).