Wisconsin Statutes 125.69 – Restrictions on dealings between manufacturers, rectifiers, wholesalers and retailers
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Terms Used In Wisconsin Statutes 125.69
- Acquire: when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. See Wisconsin Statutes 990.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Month: means a calendar month unless otherwise expressed. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Venue: The geographical location in which a case is tried.
(1) Interest restrictions.
(a) Subject to s. 125.20 (6), a manufacturer’s or rectifier’s permit under s. 125.52 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:
1. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).
2. A Class “B” license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).
3. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).
5. A no-sale event venue permit issued under s. 125.24.
(b) Subject to s. 125.20 (6), a winery permit under s. 125.53 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:
1. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).
2. A Class “B” license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).
3. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).
5m. A no-sale event venue permit issued under s. 125.24.
(c) Subject to s. 125.20 (6), a wholesaler’s permit under s. 125.54 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:
1. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).
2. A Class “B” license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).
3. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).
4. A brewer’s permit issued under s. 125.29.
5. A brewpub permit issued under s. 125.295.
6. A winery permit issued under s. 125.53.
7. A manufacturer’s or rectifier’s permit issued under s. 125.52.
9. A no-sale event venue permit issued under s. 125.24.
(d) Subject to s. 125.20 (6), an out-of-state shipper’s permit under s. 125.58 may not be issued to any person who holds, or has an interest in a licensee or permittee holding, any of the following:
1. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).
2. A Class “B” license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).
3. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).
5. A no-sale event venue permit issued under s. 125.24.
(e) Subject to s. 125.20 (6), a “Class A” license may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:
2. A brewer’s permit issued under s. 125.29.
3. A brewpub permit issued under s. 125.295.
4. A winery permit issued under s. 125.53.
5. A manufacturer’s or rectifier’s permit issued under s. 125.52.
(f) Subject to s. 125.20 (6), a “Class B” license or permit or “Class C” license may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:
2. A brewer’s permit issued under s. 125.29.
3. Except as provided in s. 125.295 (1) (h), (2) (a) 6. e., and (3) (c), a brewpub permit issued under s. 125.295.
4. A winery permit issued under s. 125.53.
5. A manufacturer’s or rectifier’s permit issued under s. 125.52.
(3) Volume discounts to campuses and retailers. A wholesaler of intoxicating liquor shall charge the same price to all campuses and retail licensees and permittees making purchases in similar quantities. Any discount offered on intoxicating liquor shall be delivered to the retailer in a single transaction and single delivery, and on a single invoice.
(4) Retail purchase credit restrictions.
125.69(4)(a) (a) Restrictions on sales.
1. No intoxicating liquor retail licensee or retail permittee may:
a. Receive, purchase or acquire intoxicating liquor from any permittee except for cash or credit for a period of not more than 30 days.
b. Receive, purchase or acquire intoxicating liquor from any permittee if at the time of the receipt, purchase or acquisition, he or she is indebted to any permittee for intoxicating liquor received, purchased, acquired or delivered more than 30 days earlier.
2. No campus or intoxicating liquor retail licensee or permittee may receive any intoxicating liquor on consignment or on any basis other than a bona fide sale.
(b) Restrictions on issuance of licenses and permits. No intoxicating liquor retail license or retail permit may be issued under this chapter to any person having an indebtedness for intoxicating liquor outstanding more than 30 days. In each application for a retail license or retail permit, the applicant shall state whether the applicant has any indebtedness for intoxicating liquor to any licensee or permittee which has been outstanding for more than 30 days.
(d) Penalties. A retail licensee or retail permittee who violates par. (a) is subject to the penalties in s. 125.11, except that he or she may not be imprisoned.
(e) Costs. The cost of administering this subsection shall be charged to the manufacturer, rectifier and wholesaler permittees. The division shall determine the costs and shall establish the procedure for apportioning the cost against the permittees and provide for the method of payment to the division.
(5) Source of supply. No wholesaler may purchase intoxicating liquor for resale unless he or she purchases it either from the primary source of supply for the brand of intoxicating liquor sought to be sold or from a wholesaler within this state who holds a permit issued under this chapter. No wholesaler may sell intoxicating liquor purchased by the wholesaler to any other licensee or permittee under this chapter if the intoxicating liquor has not been purchased by the wholesaler from the primary source of supply or from a wholesaler within the state holding a permit issued under this chapter.
(6) Campuses and retailers to purchase from persons holding permits.
125.69(6)(a) (a) No campus or retail licensee or permittee may purchase intoxicating liquor from, or possess intoxicating liquor purchased from, any person other than a wholesaler holding a permit under this chapter for the sale of intoxicating liquor.
(b) Any person who violates par. (a), if the total volume of intoxicating liquor purchased or possessed by that person in one month is 12 liters or less, may be required to forfeit not more than $100. A person who purchases or possesses more than 12 liters of intoxicating liquor in one month in violation of par. (a) shall be fined not less than $1,000 nor more than $10,000.
(c) Notwithstanding par. (b), a “Class B” licensee who purchases intoxicating liquor from a “Class A” licensee for resale or who possesses intoxicating liquor purchased from a “Class A” licensee for resale may be fined not more than $100.
(7) License or permit revocation. The violation of sub. (3) or (5), or s. 125.20 (5) (d) as it relates to sub. (1), is sufficient cause for the revocation of the license or permit of any licensee or permittee receiving the benefit from the prohibited act as well as the revocation of the license or permit of the licensee or permittee committing the prohibited act.
(8) Sponsorship payments to state fair park vendors. It is not a violation of this chapter for a manufacturer, rectifier, out-of-state shipper, or wholesaler to make a sponsorship payment or provide any other item of value to a vendor that has been issued a permit by the state fair park board. If the vendor also holds a retail “Class B” license, this subsection is strictly applied only to the state fair park location.
(9) Providing taste samples on retail premises.
125.69(9)(a) (a) Subject to par. (e), with the consent of the “Class A,” “Class B,” or “Class C” licensee, a winery, manufacturer, or rectifier may provide, free of charge, on “Class A,” “Class B,” or “Class C” premises, taste samples of intoxicating liquor to any person who has attained the legal drinking age for consumption on the premises between the hours of 11 a.m. and 7 p.m.
(b) A taste sample of wine may not exceed 3 fluid ounces and a person may not receive more than 2 taste samples of wine per day. A taste sample of intoxicating liquor other than wine may not exceed 0.5 fluid ounces and a person may receive not more than one taste sample of such intoxicating liquor per day.
(c) A winery, manufacturer, or rectifier may provide taste samples of any intoxicating liquor purchased from the retail licensee or of any intoxicating liquor the winery, manufacturer, or rectifier produced on premises covered by its winery permit, manufacturer’s permit, or rectifier’s permit and brings to the retail premises, but the winery, manufacturer, or rectifier may not leave at the retail premises any unused intoxicating liquor not purchased from the retail licensee.
(d) Any representative of a manufacturer, rectifier, or winery issued a permit under s. 125.52 or 125.53 may assist the retail licensee in dispensing or serving the taste samples.
(e) This subsection authorizes taste samples only of wine on “Class C” licensed premises.