Section 125.68. General restrictions and requirements.

 

(1)   Managers' licenses; “Class B" and “Class C" premises.

(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:

1. Personnel management of all employees, whether or not the person is authorized to sign employment contracts;

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

3. The daily operations of the premises.

(b) The municipal governing body may, by ordinance, define factors in addition to those listed in par. (a) which constitute management of premises.

(2)   Operators' licenses; “Class A," “Class B," “Class C," and other premises. Except as provided under ss. 125.07 (3) (a) 10. and 125.51 (10) , no premises operated under a “Class A" or “Class C" license or under a “Class B" license or permit may be open for business, and no person who holds a manufacturer's or rectifier's permit may allow the sale or provision of taste samples of intoxicating liquor on the manufacturing or rectifying premises as provided in s. 125.52 (1) (b) 2. , unless there is upon the premises either the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation or limited liability company, or some person who has an operator's license and who is responsible for the acts of all persons selling or serving any intoxicating liquor to customers. An operator's license issued in respect to a vessel under s. 125.51 (5) (c) is valid outside the municipality that issues it. For the purpose of this subsection, any person holding a manager's license issued under s. 125.18 or any member of the licensee's or permittee's immediate family who has attained the age of 18 shall be considered the holder of an operator's license. No person, including a member of the licensee's or permittee's immediate family, other than the licensee, permittee or agent may serve or sell alcohol beverages in any place operated under a “Class A" or “Class C" license or under a “Class B" license or permit unless he or she has an operator's license or is at least 18 years of age and is under the immediate supervision of the licensee, permittee or agent or a person holding an operator's license, who is on the premises at the time of the service.

(2m)   Use by another prohibited.

(a) No person may allow another to use his or her “Class A" or “Class C" license or “Class B" license or permit to sell alcohol beverages.

(b) The license or permit of a person who violates par. (a) shall be revoked.

(3)   Restrictions on location. No “Class A" or “Class B" license or permit may be issued for premises the main entrance of which is less than 300 feet from the main entrance of a public or parochial school, tribal school, as defined in s. 115.001 (15m) , hospital, or church, except that this prohibition may be waived by a majority vote of the governing body of the municipality in which the premises is located. The distance shall be measured by the shortest route along the highway from the main entrance of the school, church, or hospital to the main entrance of the premises covered by the license or permit. The prohibition in this subsection does not apply to any of the following:

(a) Premises covered by a license or permit on June 30, 1947.

(b) Premises covered by a license or permit prior to the occupation of real property within 300 feet thereof by any school, hospital or church building.

(c) A restaurant located within 300 feet of a church or school. This paragraph applies only to restaurants in which the sale of alcohol beverages accounts for less than 50 percent of their gross receipts.

(4)   Closing hours.

(a) Wholesalers. No premises for which a wholesale intoxicating liquor permit has been issued may remain open for the sale of intoxicating liquor between the hours of 5 p.m. and 8 a.m., except on Saturday the premises may remain open until 9 p.m.

(b) “Class A" retailers. No premises for which a “Class A" license or permit has been issued may remain open for the sale of intoxicating liquor between the hours of 9 p.m. and 6 a.m. A municipality may, by ordinance, impose more restrictive hours than those provided in this paragraph.

(c) “Class B" and “Class C" retailers.

1. Subject to subds. 3. and 6. and s. 125.51 (3r) (a) 3. , no premises for which a “Class B" license or permit or a “Class C" license has been issued may remain open between the hours of 2 a.m. and 6 a.m., except as otherwise provided in this subdivision and subd. 4. On January 1 premises operating under a “Class B" license or permit are not required to close. On Saturday and Sunday, no premises may remain open between 2:30 a.m. and 6 a.m. except that, on the Sunday that daylight saving time begins as specified in s. 175.095 (2) , no premises may remain open between 3:30 a.m. and 6 a.m. This subdivision does not apply to a “Class B" license issued to a winery under s. 125.51 (3) (am) .

3. Between 12 midnight and 6 a.m. no person may sell intoxicating liquor on “Class B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises or on “Class C" licensed premises as authorized under s. 125.51 (3r) (a) . A municipal governing body may, by ordinance, impose more restrictive hours than are provided in this subdivision except with respect to the sale of intoxicating liquor authorized under s. 125.51 (3r) (a) . This subdivision does not apply to a “Class B" license issued to a winery under s. 125.51 (3) (am) .

3m. No premises for which a “Class B" license has been issued under s. 125.51 (3) (am) may remain open for the sale of intoxicating liquor between the hours of 9 p.m. and 8 a.m.

4. Hotels and restaurants the principal business of which is the furnishing of food, drinks or lodging to patrons, bowling centers, movie theaters, painting studios, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell intoxicating liquor during the closing hours under subd. 1. or, with respect to the sale of intoxicating liquor authorized under s. 125.51 (3r) (a) , under subd. 3.

5. A municipality may not, by ordinance, impose different hours than those provided under subd. 1.

6. No person may serve wine after 9 p.m. on premises covered by a temporary “Class B" license issued as provided in s. 125.51 (10) (b) .

(5)   Restaurant sanitation rules. No applicant may obtain a “Class B" license or permit or a “Class C" license unless the premises complies with the rules promulgated by the department of agriculture, trade and consumer protection governing sanitation in restaurants. However, the department of agriculture, trade and consumer protection may not restrict the serving of cheese without charge in individual portions to customers as permitted by s. 97.01 (14g) .

(8)   Sale from original container.

(a) A person convicted of any of the following prohibited activities shall be fined not less than $150 nor more than $500 or imprisoned not less than 60 days nor more than 6 months or both:

1. Diluting any intoxicating liquor for purposes of sale as undiluted intoxicating liquor.

2. Refilling any original container which had previously been used for intoxicating liquor containing 21 percent or more of alcohol by volume.

3. Possessing diluted intoxicating liquor or refilled original containers on any premises covered by a “Class A" or “Class C" license or “Class B" license or permit.

(b) Possession of an original container which contains diluted intoxicating liquor or which has been refilled is prima facie evidence of intent to violate this subsection.

Cross-reference: See also s. Tax 8.43 , Wis. adm. code.

(9)   Labels; contents; packaging.

(b) All containers of intoxicating liquor sold in this state shall be clearly and legibly labeled with the name and address of the manufacturer and the name of the intoxicating liquor. The label shall meet any other labeling requirements created by the federal alcohol administration act.

(c) No intoxicating liquor may contain any added ingredients or substances which are injurious to health or deleterious for human consumption.

(d) All packages or containers of intoxicating liquor delivered in this state shall bear seals affixed by the manufacturer so that the contents cannot be removed without breaking the seals.

(e) No person holding a license or permit issued under this chapter may possess or sell any package or container of intoxicating liquor which does not comply with pars. (b) and (d) or which does not bear evidence that the package or container was in compliance when delivery was taken.

(f) Every person manufacturing, rectifying or blending intoxicating liquor sold in this state shall provide the department with the names, brands, descriptions, alcoholic content by volume and any other information about the intoxicating liquor required by the department. Information required by this paragraph shall be submitted prior to placing any new blend on the market. The department may also require by rule that samples of new products be submitted for examination and analysis.

(g) Persons convicted of violating this subsection shall be fined not less than $500 nor more than $1,000 or imprisoned in the county jail for not less than 3 months nor more than one year or both.

Cross-reference: See also s. Tax 8.52 , Wis. adm. code.

(10)   Shipments into state.

(a) Except as provided in s. 125.535 , no intoxicating liquor may be shipped into this state unless consigned 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 s. 125.58 , consigned to a person holding a manufacturer's or rectifier's permit under s. 125.52 or a winery permit under s. 125.53 .

(b) Except as provided in s. 125.535 , no common carrier or other person may transport into and deliver within this state any intoxicating liquor unless it is consigned 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 s. 125.58 , consigned to a person holding a manufacturer's or rectifier's permit under s. 125.52 or a winery permit under s. 125.53 . Any common carrier violating this paragraph shall forfeit $100 for each violation.

Cross-reference: See also s. Tax 8.35 , Wis. adm. code.

(11)   Alcohol or wine for nonbeverage use; penalty.

(a) The following products are not intoxicating liquor subject to this chapter, when unfit for beverage purposes:

1. Denatured alcohol produced and used pursuant to acts of congress and regulations promulgated thereunder.

2. Patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet preparations.

3. Flavoring extracts, syrups and food products.

4. Scientific, chemical, mechanical and industrial products.

(b) Any person who sells any of the products enumerated in par. (a) for intoxicating beverage purposes, either knowingly or under circumstances from which a reasonable person may deduce the intention of the purchaser to use them for such purposes, shall be penalized under s. 125.11 .

(12)   Denatured alcohol.

(a) No person may recover any alcohol or alcoholic liquid from denatured alcohol by any process or use, sell, conceal or dispose of, in any manner, any alcohol or alcoholic liquid derived from denatured alcohol.

(b) Whoever violates par. (a) is guilty of a Class F felony.

(c) Any person causing the death of another human being through the selling or otherwise disposing of, for beverage purposes, either denatured alcohol or alcohol or alcoholic liquid redistilled from denatured alcohol is guilty of a Class E felony.

(13)   Intoxicating liquor not purchased on retail premises in a park. No provision of this chapter prohibits a licensee under s. 125.51 (3) from allowing, if the licensed premises are located in a public park within a 1st class city, a person who does not hold a license or permit under this chapter to possess and consume on the licensed premises intoxicating liquor that was not purchased from the licensee.

1981 c. 79 , 158 , 202 ; 1983 a. 74 ; 1983 a. 189 s. 329 (6) ; 1983 a. 203 s. 47 ; 1983 a. 349 ; 1985 a. 28 , 221 , 317 ; 1987 a. 27 , 121 , 399 ; 1989 a. 30 , 253 ; 1991 a. 28 , 39 ; 1993 a. 27 , 112 ; 1995 a. 27 s. 9126 (19) ; 1997 a. 283 ; 2001 a. 16 , 109 ; 2005 a. 25 , 268 ; 2007 a. 3 ; 2007 a. 20 s. 9121 (6) (a) ; 2007 a. 85 ; 2009 a. 28 , 128 , 302 ; 2011 a. 32 , 97 ; 2013 a. 268 ; 2015 a. 8 , 55 , 62 . It is not illegal under s. 176.07 [now s. 125.68 (4) (c) 3.] to allow the carry-out of liquor from a “Class B" licensed premises between 12 midnight and 8 a.m. if the sale of liquor occurred before 12 midnight. “Sale" is defined. 69 Atty. Gen. 168.