Wholesalers’ permits

Wis. Stat. § 125.28 — under FERMENTED MALT BEVERAGES.

Wis. Stat. § 125.28

125.28 (4), 125.295 (4), 125.51 (5) (f) 5., 125.535 (2), and 125.65 (10), the division shall charge an annual fee of $500 for each permit issued by the division under this chapter. (8m) PAYMENT OF CRIMINAL HISTORY FEES. Any fees incurred by the division under s. 165.82 (1) (am) for purposes of verifying a permit applicant’s eligibility under sub. (5) (a) 1. and (b) shall be paid by the applicant to the division upon application for the permit.

May 22, 2026, are designated by NOTES. (Published 5-22-26)

7

Updated 23-24 Wis. Stats.

(9) SEPARATE LICENSE OR PERMIT REQUIRED. Except as provided under ss. 125.27 (2) (a) and 125.51 (5) (c) 1., wholesalers, manufacturers, rectifiers, brewers, brewpubs, and retailers shall have a separate permit or license covering each location or premises, except a licensed public warehouse, from which deliveries and sales of alcohol beverages are made or at which alcohol beverages are stored. (10) LICENSE AND PERMIT FRAMED, POSTED. (a) Frame. Permits for the retail sale of alcohol beverages, and licenses for the sale of alcohol beverages, shall be enclosed in a frame having a transparent front which allows the license or permit to be clearly read. (b) Display. All permits and licenses under par. (a), other than those for the sale of fermented malt beverages for consumption on the premises issued to the state fair or to county or district fairs receiving state aid, shall be conspicuously displayed for public inspection at all times in the room or place where the activity subject to permit or licensure is carried on. (11) EXPIRATION DATES. Except as otherwise provided in this chapter: (a) Permits. All permits to sell alcohol beverages shall expire as specified in the valid certificate issued under s. 73.03 (50). (b) Licenses. 1. The municipal governing body of a 1st class city may issue a retail license for the sale of alcohol beverages at any time during a year. Each license shall be valid for one year and shall specify its date of expiration. 2. All licenses other than those specified under subd. 1. shall expire on June 30 of each year. (12) TRANSFER OF LICENSES AND PERMITS. (a) From place to place. Every alcohol beverage license or permit may be transferred to another place or premises within the same municipality. An alcohol beverage warehouse permit under s. 125.19, a winery permit under s. 125.53, or a wholesaler’s permit under s. 125.28 or 125.54 may be transferred to another premises within this state. Transfers shall be made by the issuing authority upon payment of a fee of $10 to the issuing authority. No retail licensee, retail permittee, wholesaler permittee, or holder of a warehouse or winery permit is entitled to more than one transfer during the license or permit year. This paragraph does not apply to a license issued under s. 125.51 (4) (v) or to a reserve “Class B” license, as defined in s. 125.51 (4) (a). (b) From person to person. 1. Licenses to sell alcohol beverages may be transferred to persons other than the licensee if the licensee, or an applicant for a subsequently granted license, dies, becomes bankrupt or makes an assignment for the benefit of creditors during the license year or after filing the application. If a retail licensee becomes disabled, the municipality may, upon application, transfer the license to the licensee’s spouse if that spouse may hold a license under sub. (5) and complies with all of the requirements under this chapter applicable to original applicants, except that the spouse is exempt from payment of the license fee for the year in which the transfer takes place. 2. Upon the happening of any of the events under subd. 1., the personal representative, the surviving spouse if a personal representative is not appointed, the trustee or the receiver may continue or sell or assign the business. 4. If the business is sold or assigned, the license may be transferred to the successor owner or assignee at no charge if: a. He or she complies with the requirements applicable to original applicants; and b. He or she is acceptable to the issuing authority and consent to the transfer is given by the issuing authority. (13) PENALTIES. Any person who violates sub. (1) may be

ALCOHOL BEVERAGES

125.06

fined not more than $10,000 or imprisoned for not more than 9 months or both. History: 1981 c. 79, 235, 391; 1983 a. 27, 72, 74, 493, 494, 516; 1985 a. 302; 1987 a. 35, 301, 399; 1989 a. 31, 253; 1991 a. 39; 1993 a. 112, 259, 491; 1995 a. 23; 1995 a. 27 ss. 4117b, 4117c, 9154 (1); 1995 a. 225; 1997 a. 27; 2003 a. 250; 2007 a. 20, 85; 2011 a. 32; 2017 a. 59; 2017 a. 207 s. 5; 2017 a. 289; 2023 a. 73; 2025 a. 127. Section 176.14 [now sub. (3) (h)] requires a licensee to update an application during the license year to facilitate scrutiny of the ongoing operation. The licensing authority has discretion to approve or disapprove any reported expansion of a licensed premises. Alberti v. City of Whitewater, 109 Wis. 2d 592, 327 N.W.2d 150 (Ct. App. 1982). Licensees who are natural persons are liable for criminal acts of employees. State v. Beaudry, 119 Wis. 2d 96, 349 N.W.2d 106 (Ct. App. 1984). But see s. 125.115. The registered agent of a corporate alcohol beverage licensee is subject to vicarious criminal liability for an employee’s violation of the closing hour law. State v. Beaudry, 123 Wis. 2d 40, 365 N.W.2d 593 (1985). A person may be a “habitual law offender” under sub. (5) (b) without having been convicted of any crime. State ex rel. Smith v. City of Oak Creek, 139 Wis. 2d 788, 407 N.W.2d 901 (1987). Sub. (1) requires that the actual owner of an establishment selling intoxicating liquor possess the license in the owner’s own name. State v. Eastman, 148 Wis. 2d 254, 435 N.W.2d 278 (Ct. App. 1988). A license never should have been issued when a notice of application had not been published as required under sub. (3) (g), and a license issued without publication is void under sub. (2). Selling liquor under a void license constitutes a violation of s. 125.66 (1). Under s. 125.12, a renewal licensee, if refused, is guaranteed a right to be heard by the municipality, and the municipality must show cause for refusal, but a new licensee, if refused, has no such guarantee. When an original license is void, the applicant is a new licensee. Williams v. City of Lake Geneva, 2002 WI App 95, 253 Wis. 2d 618, 643 N.W.2d 864, 01-1733. Proprietors of a bed and breakfast may solicit voluntary contributions from guests at a social event held on the premises to defray the cost of alcohol, but proprietors who do not hold a license may not serve alcohol at a social event only to those who pay an admission fee. 80 Atty. Gen. 218. A village board’s denial of an application for a liquor license did not deprive the applicant of either liberty or property. Scott v. Village of Kewaskum, 786 F. 2d 338 (1986). 90 Proof: Liquor Licensing in Wisconsin. Murrell. Wis. Law. May 2009.