Chapter 125, ALCOHOL BEVERAGES

125.01 Legislative intent. This chapter shall be construed as an enactment of the legislature’s support for the 3-tier system for alcohol beverages production, distribution, and sale that, through uniform statewide regulation, provides this state regulatory authority over the pro…

125.015 Severability. If any provision or clause of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or applicatio…

125.02 Definitions. Except as otherwise provided, in this chapter: (1) “Alcohol beverages” means fermented malt beverages and intoxicating liquor. (1c) “Alcohol vapor device” means any device that provides for the use of air or oxygen bubbled through an alcohol beverage to produc…

125.025 Powers and duties of division. (1) ADMINISTRATION; PERSONNEL. (a) The division, under the direction and supervision of the administrator, shall administer this chapter and have jurisdiction over alcohol beverages regulation, enforcement, and education in this state. The d…

125.03 Division rule making. (1) RULES. (a) The division may promulgate rules consistent with this chapter and ch. 139 to carry out the division’s duties under this chapter. (b) The division shall promulgate rules providing for registration of wine collectors and establishing sta…

125.035 Civil liability exemption: furnishing alcohol beverages. (1) In this section, “person” has the meaning given in s. 990.01 (26). (2) A person is immune from civil liability arising out of the act of procuring alcohol beverages for or selling, dispensing or giving away alco…

125.037 Civil liability exemption for municipalities. No municipality, as defined in s. 67.01 (5), or municipal governing body, committee, official or employee is civilly liable for damage to any person or property caused by the consumption of alcohol beverages by that person or …

125.039 Civil liability exemption for retaining proofs of age. No person who holds a license or permit and no employee of such a person is civilly liable for retaining a document presented as proof of age for a reasonable length of time in a good faith effort to determine whether…

125.04 General licensing requirements. (1) LICENSE OR PERMIT; WHEN REQUIRED. No person may sell, manufacture, rectify, brew or engage in any other activity for which this chapter provides a license, permit, or other type of authorization without holding the appropriate license, p…

125.045 Booklet for licensees and permittees; safe ride program information. (1) The division shall prepare a booklet explaining the state statutes and rules relating to the retail sale of alcohol beverages, written concisely in language which is clearly understood by those requi…

125.06 License and permit exceptions. No license or permit is required under this chapter for: (1) BREWERS’ PREMISES. The furnishing, by brewers, of fermented malt beverages free of charge to customers, visitors, and employees on the brewery premises. (2) HOSPITALS; PRACTICE OF M…

125.07 Underage and intoxicated persons; presence on licensed premises; possession; penalties. (1) ALCOHOL BEVERAGES; RESTRICTIONS RELATING TO UNDERAGE PERSONS. (a) Restrictions. 1. No person may procure for, sell, dispense or give away any alcohol beverages to any underage perso…

125.075 Injury or death by providing alcohol beverages to a minor. (1) Any person who procures alcohol beverages for or sells, dispenses or gives away alcohol beverages to a person under 18 years of age in violation of s. 125.07 (1) (a) 1. or 2. may be penalized as provided in su…

125.085 Proof of age. (1) DEFINITION. In this section, “official identification card” means any of the following: (a) A valid operator’s license issued under ch. 343 that contains the photograph of the holder. (b) An identification card issued under s. 343.50. (c) An identificati…

125.09 General restrictions. (1) PUBLIC PLACE. (a) No owner, lessee, or person in charge of a public place may permit the consumption of alcohol beverages on the property of the public place, unless the person has an appropriate retail license or permit or a no-sale event venue p…

125.10 Municipal regulation. (1) AUTHORIZATION. Any municipality may enact regulations incorporating any part of this chapter and may prescribe additional regulations for the sale of alcohol beverages, not in conflict with this chapter. The municipality may prescribe forfeitures …

125.105 Impersonating an officer. (1) No person may impersonate an inspector, agent or other employee of the division or of the department of justice. (2) (a) Whoever violates sub. (1) with the intent to mislead another may be fined not more than $10,000 or imprisoned for not mor…

125.11 Penalties. (1) GENERAL PENALTY. Any person who violates any provision of this chapter for which a specific penalty is not provided, shall be fined not more than $1,000 or imprisoned for not more than 90 days or both. Any license or permit issued to the person under this ch…

125.115 Responsibility for commission of a crime. (1) A person may be convicted of the commission of a crime under this chapter only if the criteria specified in s. 939.05 exist. (2) This section does not apply to civil forfeiture actions for violation of any provision of this ch…

125.12 Revocations, suspensions, refusals to issue or renew. (1) REVOCATION, SUSPENSION, NONISSUANCE OR NONRENEWAL OF LICENSE. (a) Except as provided in this subsection, any municipality or the division may revoke, suspend or refuse to renew any license or permit under this chapt…

125.13 Report of suspension, revocation, or imposition of penalty. Whenever a municipal governing body or court revokes or suspends a license or permit or imposes a penalty on a licensee or permittee for the violation of this chapter, the clerk of the municipality or court revoki…

125.14 Enforcement provisions. (1) ARREST. Subject to s. 175.38, any peace officer may arrest without warrant any person committing in his or her presence a violation of this chapter or ch. 139 and may, without a search warrant, seize any personal property used in connection with…

125.145 Prosecutions by attorney general or division. Upon request by the division, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this chapter. The division may represent this state in prosecuting any violation o…

125.15 Actions against intoxicating liquor wholesalers. (1) An intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association that makes a written complaint to the division under s. 125.12 (6) of a violation of s. 125.54…

125.16 Actions to recover price denied. No action may be brought to recover the price of any alcohol beverages sold in violation of this chapter or ch. 139. History: 1981 c. 79. 125.17 Issuance of operators’ licenses. (1) AUTHORIZATION. Every municipal governing body shall issue …

125.17 Issuance of operators’ licenses. 125.17(1)(1) Authorization. Every municipal governing body shall issue an operator’s license to any applicant who is qualified under s. 125.04 (5), except that the municipal governing body may by ordinance authorize a designated municipal o…

125.175 Issuance of operators’ permits. (1) Subject to sub. (4), the division shall issue an operator’s permit to any applicant who is qualified under s. 125.04 (5). Operators’ permits may not be required other than for the purpose of complying with ss. 125.32 (2) and 125.68 (2) …

125.18 Issuance of managers’ licenses. 125.18(1)(1) Authorization. A municipal governing body may provide by ordinance for the issuance of managers’ licenses. Managers’ licenses may not be required other than for the purpose of complying with ss. 125.32 (1) and 125.68 (1). Manage…

125.185 Provisional retail licenses. (1) A municipal governing body that issues licenses authorizing the retail sale of fermented malt beverages, intoxicating liquor or wine shall issue provisional retail licenses. The municipal governing body may by ordinance establish standards…

125.19 Alcohol beverage warehouse permit. (1) ISSUANCE. The division shall issue an alcohol beverage warehouse permit which authorizes the permittee to store and warehouse alcohol beverages in warehouse premises covered by the permit, subject to rules adopted by the division. The…

125.20 Interest restrictions. (1) DEFINITIONS. In this section: (a) “Distribution permit” means a permit issued under s. 125.28 or 125.54. (b) “Distribution permittee” means a person holding a distribution permit and includes a restricted individual of such a person. (c) “Product…

125.21 Production agreements. (1) DEFINITIONS. In this section: (a) “Alternating proprietorship” means an arrangement in which a host producer provides use of space and equipment, and may additionally provide personnel, to a guest producer for the production of alcohol beverages.…

125.22 Common carrier permit; shipments into state. (1) PERMIT. (a) No common carrier may transport into or deliver within this state any alcohol beverages unless the common carrier first obtains a permit from the division under this section. This subsection does not apply to the…

125.23 Fulfillment houses. (1) PERMIT. (a) Before making any shipment to, or causing any shipment to be made to, any individual in this state, a person operating a fulfillment house shall obtain from the division a fulfillment house permit for each location that is involved in th…

125.24 No-sale event venue permit. 125.24(1)(1) Permit issuance. 125.24(1)(a)(a) Except as otherwise provided in this section, the division may issue to property owners no-sale event venue permits that authorize the permittee to rent or lease real property for use as an event ven…

125.25 Class “A” licenses. (1) Every municipal governing body may issue Class “A” licenses for the sale of fermented malt beverages from premises within the municipality. A Class “A” license authorizes retail sales of fermented malt beverages for consumption off the premises wher…

125.26 Class “B” licenses. (1) Every municipal governing body may issue Class “B” licenses for the sale of fermented malt beverages from premises within the municipality and may authorize an official or body of the municipality to issue temporary Class “B” licenses under sub. (6)…

125.27 Class “B” permits. (1) SPORTS CLUBS. (a) The division shall issue Class “B” permits to clubs holding a valid certificate issued under s. 73.03 (50) that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs that are oper…

125.272 Face-to-face retail sales. Except as provided in ss. 125.26 (2m), (2s), and (2x) and 125.27 (4) and except with respect to caterers, a retail license issued under s. 125.25 or 125.26, and a retail permit issued under s. 125.27, authorizes only faceto-face sales to consume…

125.275 Industrial fermented malt beverages permit. (1) The division may issue an industrial fermented malt beverages permit which authorizes the permittee to purchase and use fermented malt beverages for industrial purposes only. Such permits may be issued only to persons who pr…

125.28 Wholesalers’ permits. (1) (a) Subject to par. (b), the division may issue permits to wholesalers for the sale of fermented malt beverages from premises within this state, which premises shall comply with the requirements under s. 125.34 (2). Subject to s. 125.34, and excep…

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. 1…

125.295 Brewpub permits. (1) The division shall issue brewpub permits to eligible applicants authorizing all of the following: (a) The manufacture of fermented malt beverages on the brewpub premises if, except as provided in s. 125.21 (2) and (3), the entire manufacturing process…

125.30 Out-of-state shippers’ permits; delivery to wholesalers. (1) The division shall issue out-of-state shippers’ permits which, except as provided in sub. (4), authorize the permittee to ship fermented malt beverages only to holders of a wholesaler’s permit issued under s. 125…

125.315 Evading provisions of law by giving away fermented malt beverages. (1) No person may give away any fermented malt beverages or use any other means to evade any law of this state relating to the sale of fermented malt beverages. (2) A person who violates sub. (1) may be fi…

125.32 General restrictions and requirements. (1) MANAGERS’ LICENSES; CLASS “B” LICENSES. (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, unless the person is the li…

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

125.34 Distribution restrictions on wholesalers, brewers, brewpubs, and out-of-state shippers. (1) In this section: (a) “Brand” means any word, name, group of letters, symbol, or combination thereof, including the name of the brewer, brewpub, or out-of-state shipper if the brewer…

125.51 Retail licenses and permits. 125.51(1)(1) Municipal authority to issue. 125.51(1)(a)(a) Subject to sub. (2) (e) 2., every municipal governing body may grant and issue “Class A” and “Class B” licenses for retail sales of intoxicating liquor, and “Class C” licenses for retai…

125.52 Manufacturers’ and rectifiers’ permits. (1) AUTHORIZED ACTIVITIES. (a) The division shall issue manufacturers’ and rectifiers’ permits which authorize the manufacture or rectification, respectively, of intoxicating liquor on the premises covered by the permit. A person hol…