125.33 Restrictions on dealings between brewers, brewpubs, wholesalers, and retailers.

880 words·~4 min read·/wi/chapter-125/125-33

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Furnishing things of value.

(a)Except as provided in this section and s. 125.295 , no brewer, brewpub, or wholesaler may furnish, give, lend, lease, or sell any furniture, fixtures, fittings, equipment, money, or other thing of value to any campus or Class “B” licensee or permittee, or to any person for the use, benefit, or relief of any campus or Class “B” licensee or permittee, or guarantee the repayment of any loan or the fulfillment of any financial obligation of any campus or Class “B” licensee or permittee. Such actions may not be taken by the brewer, brewpub, or wholesaler directly or indirectly, or through a subsidiary or affiliate corporation or limited liability company, or by any officer, director, stockholder, partner, or member thereof.

(b)No brewer, brewpub, or wholesaler may enter into any agreement whereby any campus or Class “B” licensee or permittee is required to purchase the fermented malt beverages of any brewer or brewpub to the exclusion of those manufactured by other brewers or brewpubs. Such contracts may not be entered into by the brewer, brewpub, or wholesaler, directly or indirectly, or through a subsidiary or an affiliate corporation or limited liability company, or by any officer, director, stockholder, partner, or member thereof.

(2)Exceptions. Notwithstanding the prohibitions in sub.

(1), a brewer, brewpub, or wholesaler may:

(a)Give to any campus or Class “B” licensee or permittee, at any given time, for placement inside the premises, signs, clocks, or menu boards with an aggregate value of not more than $2,500. If a gift of any item would cause the $2,500 limit to be exceeded, the recipient shall pay the brewer, brewpub, or wholesaler the amount of the item’s value in excess of $2,500. Each recipient shall keep an invoice or credit memo containing the name of the donor and the number and value of items received under this paragraph. The value of an item is its cost to the donor. Each recipient shall make the records kept under this paragraph available to the division for inspection upon request.

(b)Give to any campus or Class “B” licensee or permittee any of the following:

1. Fermented malt beverage tap knobs.

2. Signs made from paper, cardboard, plastic, vinyl, or other like material for placement inside the premises, notwithstanding the aggregate value limitation of par.

(a).

(c)Sell at fair market value to a campus or Class “B” licensee or permittee miscellaneous advertising matter, the items specified under pars.

(a)and

(b), nonmechanical coolers and tavern supply items used in the consumption of food or alcohol beverages.

(d)Sell to a campus or Class “B” licensee or permittee at fair market value equipment designed and intended to preserve and maintain the sanitary dispensing of fermented malt beverages or any services necessary to maintain this kind of equipment. A brewer, brewpub, or wholesaler shall charge the same price per unit of equipment to each campus or Class “B” licensee or permittee making the same or a similar purchase, and shall charge the same rate to each campus or Class “B” licensee or permittee purchasing maintenance services under this subdivision. Each brewer, brewpub, or wholesaler shall keep records of each transaction under this subdivision and shall make the records available to the division upon request.

(e)Sell at fair market value or maintain for a fair consideration dispensing equipment such as direct draw boxes, novelty boxes, coil boxes, beer storage boxes or tapping equipment, none of which may include bar additions, to campuses or Class “B” licensees and permittees for cash or on credit for not more than 2 years. Credit sales of equipment shall be evidenced by a written contract stating the terms, conditions and monthly payments. Within 10 days after the execution of the contract, the seller shall record the contract with the register of deeds for the county in which the equipment is installed.

(f)Sell consumable merchandise intended for resale, including the sale or loan of containers thereof, to campuses and Class “B” licensees and permittees in the regular course of business.

(g)Purchase advertising and other services and rights for a fair consideration from any corporate Class “B” licensee or permittee who is a member of a regularly established athletic league and whose principal business is the ownership, maintenance and operation of a professional athletic team playing a regular schedule of games and whose principal source of income is derived from the sale of tickets to games played by such teams.

(h)Contribute money or other things of value to or for the benefit of a nonprofit corporation, exempt under section 501

(3)of the internal revenue code, as defined in s. 71.22

(4), which is conducting festivals of limited duration in a 1st class city if the festivals are sponsored and endorsed in whole or part by a municipal corporation.

(hm)Contribute money or other things of value to or for a nonprofit corporation which conducts an autumn ethnic festival of limited duration in a 2nd class city that had a population in 1986 of at least 49,000 but less than 50,000, if that festival is sponsored and endorsed in whole or part by that municipal corporation.