State Codes and Statutes

125.25

SUBCHAPTER II
FERMENTED MALT BEVERAGES
125.25 Class "A" licenses.

125.25(1)

(1) Every municipal governing body may issue Class "A" licenses for the sale of fermented malt beverages from premises within the municipality. Subject to s. 125.34 (5) and (6), a Class "A" license authorizes retail sales of fermented malt beverages for consumption off the premises where sold and in original packages, containers, and bottles. A Class "A" license also authorizes the licensee to provide, free of charge, to customers and visitors who have attained the legal drinking age fermented malt beverages taste samples that are not in original packages, containers, or bottles and that do not exceed 3 fluid ounces each, for consumption on the Class "A" premises. No Class "A" licensee may provide more than 2 taste samples per day to any one person. Taste samples may be provided under this subsection only between the hours of 11 a.m. and 7 p.m. Any other provision of this chapter applicable to retail sales of fermented malt beverages by a Class "A" licensee also applies to the provision of taste samples, free of charge, of fermented malt beverages by a Class "A" licensee. A license may be issued after July 1. That license shall expire on the following June 30.

125.25(2)

(2)

125.25(2)(a)

(a) Class "A" licenses 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.

125.25(2)(b)

(b)

125.25(2)(b)1.

1. Beginning on May 5, 1994, a Class "A" license may not be issued to a person holding a wholesaler's license issued under s. 125.28 or to a person who has a direct or indirect ownership interest in a premises operating under a wholesaler's license issued under s. 125.28.

125.25(2)(b)2.

2. Notwithstanding subd. 1., a person who holds a Class "A" license and a wholesaler's license issued under s. 125.28, both of which licenses were issued before May 5, 1994, may, subject to ss. 125.04 and 125.12, renew and continue to hold both licenses.

125.25(2)(b)3.

3. Except as provided in subd. 4., if a person holding a Class "A" license and a wholesaler's license under subd. 2. fails to renew either license, is denied renewal of either license under s. 125.12 or has either license suspended or revoked under s. 125.12, the person is subject to subd. 1.

125.25(2)(b)4.

4. Subject to s. 125.04 (12) (a), a person who holds a Class "A" license and a wholesaler's license issued under s. 125.28, both of which licenses were issued before May 5, 1994, may transfer the licenses together to another premises in a different municipality within the same county. An issuing municipality shall transfer a Class "A" license under this subdivision, and, upon approval of the transfer by the receiving municipality, the receiving municipality shall recognize the validity of the license, even if, at the time of transfer, the license has been suspended, revoked, or denied renewal under s. 125.12 provided that the suspension, revocation, or denial of renewal resulted from the licensed premises being relocated outside the corporate limits of the issuing municipality.

125.25(2)(b)5.

5. A Class "A" license may not be issued to a person holding a brewpub permit issued under s. 125.295 or to a person who has a direct or indirect ownership interest in a premises operating under a brewpub permit issued under s. 125.295.

125.25(3)

(3) Class "A" licenses shall particularly describe the premises for which issued and are not transferable, except under sub. (2) (b) 4. and s. 125.04 (12). A Class "A" license is subject to revocation for violation of any of the terms or provisions thereof.

125.25(4)

(4) The fee for a Class "A" license shall be determined by the municipal governing body issuing the license. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.

125.25 - ANNOT.

History: 1981 c. 79; 1989 a. 253; 1993 a. 378; 2003 a. 250; 2005 a. 103; 2007 a. 9, 20.