State Codes and Statutes

Statutes > Wisconsin > 125 > 125.28

125.28

125.28 Wholesalers' licenses.

125.28(1)

(1)

125.28(1)(a)

(a) Subject to par. (b), every municipal governing body may issue licenses to wholesalers for the sale of fermented malt beverages from premises within the municipality, which premises shall comply with the requirements under s. 125.34 (2). Subject to s. 125.34, a wholesaler's license authorizes sales of fermented malt beverages only in original packages or containers to retailers or wholesalers, not to be consumed in or about the wholesaler's premises.

125.28(1)(b)

(b) If a wholesaler does not maintain any warehouse in this state but is licensed and maintains a warehouse in an adjoining state that allows wholesalers licensed in this state to deliver fermented malt beverages to retailers in the adjoining state without warehousing in that state and that further requires that all fermented malt beverages be first unloaded at and distributed from the warehouse of the licensed wholesaler in that state, the wholesaler's license shall be issued by the governing body of the municipality in which some part of the wholesaler's business is conducted in this state. Notwithstanding s. 125.04 (5) (a) 2. and (c) and (6), the municipal governing body may issue the wholesaler's license to a wholesaler described in this paragraph who is a natural person and not a resident of this state or that is a corporation or limited liability company and has not appointed an agent in this state.

125.28(1)(c)

(c) No additional license or permit is required for the solicitation of orders for sale to or by licensed wholesalers.

125.28(1)(d)

(d) Wholesalers licensed under this section, employees of such wholesalers, and individuals representing such wholesalers may not provide or participate in providing taste samples under ss. 125.25 (1) and 125.33 (12).

125.28(2)

(2)

125.28(2)(a)

(a) A wholesaler's license may be issued to any person qualified under s. 125.04 (5) except a person acting as an agent for, or in the employ of, another person. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a license under this section.

125.28(2)(b)

(b) Except as provided in par. (c) and s. 125.29, beginning on May 5, 1994, a wholesaler's license may not be issued to any of the following:

125.28(2)(b)1.

1. A person holding one or more of the following licenses or permits:

125.28(2)(b)1.a.

a. A Class "A" license issued under s. 125.25.

125.28(2)(b)1.b.

b. A Class "B" license issued under s. 125.26, except as provided in s. 125.29 (4).

125.28(2)(b)1.c.

c. A Class "B" permit issued under s. 125.27, except as provided in s. 125.29 (4).

125.28(2)(b)1.d.

d. An industrial fermented malt beverages permit issued under s. 125.275.

125.28(2)(b)1.e.

e. A brewpub permit issued under s. 125.295.

125.28(2)(b)2.

2. A person who has a direct or indirect ownership interest in a premises operating under one or more of the licenses or permits listed in subd. 1. a. to e.

125.28(2)(c)

(c)

125.28(2)(c)1.

1. A person who holds a wholesaler's license and a license or permit specified in par. (b) 1., all of which licenses or permits were issued before May 5, 1994, may, subject to ss. 125.04 and 125.12, renew and continue to hold all of the licenses or permits.

125.28(2)(c)2.

2. Except as provided in ss. 125.04 (12) (a) and 125.25 (2) (b) 4., if a person holding a wholesaler's license and a license or permit under subd. 1. fails to renew a license or permit, is denied renewal of a license or permit under s. 125.12 or has one of the licenses or permits suspended or revoked under s. 125.12, the person is subject to par. (b) with respect to holding a license or permit of that type after the failure or denial of renewal or the revocation or suspension of the license or permit.

125.28(3)

(3) Wholesalers' licenses shall particularly describe the premises for which issued and are not transferable, except as provided in ss. 125.04 (12) and 125.25 (2) (b) 4. A wholesaler's license is subject to revocation for violation of any of the terms or provisions thereof.

125.28(4)

(4) The amount of the license fee shall be determined by the municipal governing body issuing the license but may not exceed $25 per year or fractional part thereof.

125.28 - ANNOT.

History: 1981 c. 79; 1989 a. 31, 253; 1993 a. 112, 259, 378, 491; 1995 a. 225; 1999 a. 163; 2003 a. 250; 2005 a. 103, 115; 2007 a. 9, 20.