Section 125.29. Brewers.

 

(1)   Permit. No person may operate as a brewer unless that person obtains a permit from the department. 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) No person holding a Class “A" license, Class “B" license or permit, or wholesaler's permit issued under this chapter may register as a brewer.

(b)

1. Except as provided in subd. 2. or 3. , no brewer may hold any ownership interest in any wholesaler.

2. A brewer may hold an ownership interest of less than 50 percent in a wholesaler if this ownership interest will not occur for more than 3 years.

3. 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 department 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 or warehouse maintained by the brewer.

(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.

(e) Notwithstanding ss. 125.04 (9) and 125.09 (1) , 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 the brewery premises or an off-site retail outlet established by the brewer.

(f) Notwithstanding ss. 125.04 (9) and 125.09 (1) , 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 the brewery premises or at an off-site retail outlet established by the brewer.

(g) Notwithstanding ss. 125.04 (9) and 125.09 (1) , the retail sale of fermented malt beverages, for on-premise consumption or for off-premise consumption in original unopened packages or containers, that have been manufactured on another brewery premises in this state if the fermented malt beverages have been purchased by the brewer from a wholesaler holding a permit under s. 125.28 or from another brewery located in this state that manufactures 300,000 or less barrels of beer in a calendar year.

(h) Notwithstanding ss. 125.04 (9) and 125.09 (1) , the retail sale of intoxicating liquor, for on-premise consumption by individuals at the brewery premises or an off-site retail outlet established by the brewer, if the brewer held, on June 1, 2011, a license or permit authorizing the retail sale of intoxicating liquor and if the intoxicating liquor has been purchased by the brewer from a wholesaler holding a permit under s. 125.54 .

(i) The provision of free taste samples on the brewery premises, at an off-site retail outlet established by the brewer, or as authorized under s. 125.33 (12) .

(j) The ownership, maintenance, or operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state.

(3m)   Sales to retailers.

(a) Except as provided in pars. (b) and (c) , no brewer may sell fermented malt beverages to a retail licensee.

(b) A brewer that manufactures 300,000 or less barrels of fermented malt beverages in a calendar year from all locations may sell, ship, transport and deliver to retailers, from the brewery premises, fermented malt beverages, in original unopened packages or containers, that have been manufactured on the brewery premises, if the brewer complies with the requirements in ss. 125.33 and 125.34 , as applicable, to the same extent as if the brewer were a wholesaler.

(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 sale 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 sell or ship any brand of fermented malt beverages to retailers located in the wholesaler's designated sales territory.

(5)   Brewpubs. No person holding a brewpub permit under s. 125.295 may register as a brewer under this section.

(6)   Restaurants. A brewer may operate a restaurant on the brewery premises and at an off-site retail outlet established by the brewer. A brewer may not hold a license under s. 97.30 for a restaurant for the operation of a restaurant at any other location except that a brewer may possess or hold an indirect interest in a Class “B" license for not more than 20 restaurants in each of which the sale of alcohol beverages accounts for less than 60 percent of the restaurant's gross receipts if no fermented malt beverages manufactured by the brewer are offered for sale in any of these restaurants.

1981 c. 79 ; 1989 a. 253 ; 1993 a. 378 ; 1995 a. 27 ; 2005 a. 103 ; 2007 a. 9 , 20 ; 2011 a. 32 ; 2015 a. 55 . A Web of Regulations: Starting a Brewery. Glazer. Wis. Law. March 2016.