reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 121 - School finance. › 121.87 - School district report.

121.87
School district report.
(1)
Any school district that receives aid under this subchapter in any school year shall submit a report to the state superintendent, on a form provided by the state superintendent, by October 15 of the following school year. The report shall include all of the following for the school year in which the school district received aid:
(a)
The number of pupils who transferred to the school district, the number of pupils who transferred to another school district and the number of intradistrict transfers under this subchapter.
(b)
The number of pupils who transferred to the school district under this subchapter who satisfy the income eligibility criteria for free or reduced-price lunches under 42 USC 1758 (b) (1).
(c)
A detailed description of how the school district used the aid received under this subchapter, including any expenditures on staff, materials and services that are not related to the special transfer program. The report shall separately describe the use of aid received under s. 121.85 (6) (b) 3.
(d)
The additional costs incurred by the school district for the pupils who transferred to the school district under this subchapter, including the cost of any additional teachers and the costs of counseling, remediation and pupil transportation.
(e)
Any other information requested by the state superintendent.
(2)
The state superintendent shall develop a standard method for reporting under sub. (1).
(3)
In addition to the report under sub. (1), annually by May 1 the board of school directors of the school district operating under ch. 119 shall submit a report to the legislature under s. 13.172 (2) that specifies the number, percentage, race, sex, grade and attendance area of pupils transferred outside their attendance area without written consent under s. 121.85 (6) (am).
History:  1989 a. 31; 1995 a. 27 s. 9145 (1); 1997 a. 27, 113; 1999 a. 9, 19; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 121 - School finance. › 121.92 - Penalty for exceeding revenue ceiling or limit.

121.92
Penalty for exceeding revenue ceiling or limit.
(1)
In this section, “excess revenue" means the amount by which a school district's revenue exceeds its ceiling under s. 121.905 or its limit under s. 121.91.
(2)
The state superintendent shall do all of the following:
(a)
Deduct from the state aid payment to a school district under s. 121.08 in the school year in which the school district exceeded the revenue ceiling or limit an amount equal to the excess revenue for the school district or the amount of those aids, whichever is less.
(b)
If the amount of the deduction under par. (a) is insufficient to cover the excess revenue, deduct from the other state aid payments to the school district in the school year in which the school district exceeded the revenue ceiling or limit an amount equal to the remaining excess revenue or the amount of those payments, whichever is less.
(c)
If the amount of the deductions under pars. (a) and (b) is insufficient to cover the excess revenue, order the school board to reduce the property tax obligations of its taxpayers by an amount that represents the remainder of the excess revenue. The school district's refunds to taxpayers who have already paid their taxes shall be increased by interest at the rate of 0.5 percent per month. If the school board violates the order, any resident of the school district may seek injunctive relief. This paragraph does not apply to property taxes levied for the purpose of paying the principal and interest on a valid bond or note issued or state trust fund loan obtained by the school board.
(d)
Ensure that the amount of state aid reduction under pars. (a) and (b) lapses to the general fund.
(e)
Ensure that the amount of the excess revenue is not included in determining the school district's ceiling or limit in the succeeding school year.
History:  1993 a. 16; 1995 a. 27 s. 9145 (1); 1997 a. 27; 1999 a. 9; 2001 a. 16; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.01 - Legislative intent.

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 production, storage, distribution, transportation, sale, and consumption of alcohol beverages by and to its citizens, for the benefit of the public health and welfare and this state's economic stability. Without the 3-tier system, the effective statewide regulation and collection of state taxes on alcohol beverages sales would be seriously jeopardized. It is further the intent of the legislature that without a specific statutory exception, all sales of alcohol beverages shall occur through the 3-tier system, from manufacturers to wholesalers holding a permit to retailers to consumers. Face-to-face retail sales at licensed premises directly advance the state's interest in preventing alcohol sales to underage or intoxicated persons and the state's interest in efficient and effective collection of tax.
History:  1981 c. 79; 2005 a. 103; 2007 a. 85; 2011 a. 32.
State liquor laws, including licensing requirements, are applicable to liquor establishments owned or operated by either tribe members or non-Indians and located on Indian reservations. Any license issued counts toward the local quota. 75 Atty. Gen. 123.
Indian tribes are within the coverage of this chapter; any license issued to a tribe counts toward the local quota. 76 Atty. Gen. 80.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.015 - Severability.

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 application, and to this end the provisions of this chapter are severable.
History:  2007 a. 20.
Interpreting s. 990.001 (11), an unconstitutional clause was found severable. Wisconsin Wine & Spirit Institute v. Ley, 141 Wis. 2d 958, 416 N.W.2d 914 (Ct. App. 1987).
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.03 - Department rule making.

125.03
Department rule making.
(1)
Rules.
(a)
The department, in furtherance of effective control, may promulgate rules consistent with this chapter and ch. 139.
(b)
The department shall promulgate rules providing for registration of wine collectors and establishing standards of eligibility for registration as a wine collector. The rules shall also specify the form and manner of notice required under s. 125.06 (11m).
(2)
Containers. The department may by rule prescribe the standard size, form or character of any container in which intoxicating liquor may be sold in this state except that the department may not set the size of containers in which intoxicating liquor, except wine containing not more than 21 percent of alcohol by volume, may be sold at a capacity greater than 1.75 liters (59.1752 fluid ounces).
(3)
Violations. No person may violate a rule promulgated under sub. (1) (a) or (2).
History:  1981 c. 79, 1989 a. 253; 2007 a. 85.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.037 - Civil liability exemption for municipalities.

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 any other person, by reason of any of the following:
(1)
Issuing a license to sell alcohol beverages.
(2)
Allowing the holder of a license or permit to sell, dispense or give away alcohol beverages on property owned or leased by the municipality.
(3)
Failing to monitor or supervise the activities of the licensee or permittee.
History:  1985 a. 47; 1989 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.039 - Civil liability exemption for retaining proofs of age.

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 the person who presented the document is an underage person or to notify a law enforcement authority of a suspected violation of s. 125.085 (3) (a) or (b).
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.045 - Booklet for licensees and permittees.

125.045
Booklet for licensees and permittees.
(1)
The department 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 required to utilize it.
(2)
The department shall provide a copy of the booklet under sub. (1) free of charge to each person issued a permit, including a renewal, under s. 125.27 or 125.51 (5). The department shall provide the booklet for a charge not to exceed cost, as provided under s. 20.908, to municipalities.
(3)
A municipality shall provide a copy of the booklet under sub. (1) to each person issued a license, including a renewal, under s. 125.17, 125.18, 125.25, 125.26 or 125.51 (1) by the municipality unless the municipality requires the person to complete an instructional program which includes the subject matter of the booklet or unless the person completes the program under s. 125.04 (5) (a) 5. or 125.17 (6). This section does not preclude a municipality from charging a fee for such a program. A municipality may charge for the booklet in an amount not to exceed the amount charged by the department under sub. (2).
History:  1987 a. 300; 1989 a. 56 s. 259; 1989 a. 253; 1993 a. 259.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.075 - Injury or death by providing alcohol beverages to a minor.

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 sub. (2) if:
(a)
The person knew or should have known that the underage person was under the legal drinking age; and
(b)
The underage person dies or suffers great bodily harm, as defined in s. 939.22 (14), as a result of consuming the alcohol beverages provided in violation of s. 125.07 (1) (a) 1. or 2.
(1m)
In determining under sub. (1) (a) whether a person knew or should have known that the underage person was under the legal drinking age, all relevant circumstances surrounding the procuring, selling, dispensing or giving away of the alcohol beverages may be considered, including any circumstance under pars. (a) to (d). In addition, a person has a defense to criminal liability under sub. (1) if all of the following occur:
(a)
The underage person falsely represents that he or she has attained the legal drinking age.
(b)
The underage person supports the representation under par. (a) with documentation that he or she has attained the legal drinking age.
(c)
The alcohol beverages are provided in good faith reliance on the underage person's representation that he or she has attained the legal drinking age.
(d)
The appearance of the underage person is such that an ordinary and prudent person would believe that he or she had attained the legal drinking age.
(2)
(a)
Whoever violates sub. (1) is guilty of a Class H felony if the underage person suffers great bodily harm, as defined in s. 939.22 (14).
(b)
Whoever violates sub. (1) is guilty of a Class G felony if the underage person dies.
History:  1987 a. 335; 1989 a. 253; 1997 a. 283; 2001 a. 109.
The reference in sub. (1) to a single minor or underage person does not preclude its application to a defendant who procures alcohol beverages for a group of persons that the defendant knew or should have known were underage persons. It would be unreasonable to interpret sub. (1) as requiring a personal interaction between the defendant and the victim, or as requiring that the defendant have knowledge that a particular underage person would consume the alcohol procured by the defendant. State v. Wille, 2007 WI App 27, 299 Wis. 2d 531, 728 N.W.2d 343, 05-2839.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.105 - Impersonating an officer.

125.105
Impersonating an officer.
(1)
No person may impersonate an inspector, agent or other employee of the department 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 more than 9 months or both.
(b)
Whoever violates sub. (1) to commit, or abet the commission of, a crime is guilty of a Class H felony.
History:  1989 a. 253; 1997 a. 283; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.11 - Penalties.

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 chapter may be revoked by the court.
(2)
Felony. If a person is convicted of a felony under this chapter, in addition to the penalties provided for the felony, the court shall revoke any license or permit issued to the person under this chapter.
History:  1981 c. 79; 1985 a. 120, 302; 1989 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.115 - Responsibility for commission of a crime.

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 chapter or any local ordinance in conformity with any provision of this chapter.
History:  1985 a. 47.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.13 - Report of suspension, revocation or imposition of penalty.

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 revoking or suspending the license or imposing the penalty shall, within 10 days after the revocation, suspension or imposition of penalty, mail a report to the department at Madison, Wisconsin, giving the name of the licensee, the address of the licensed premises and a full description of the penalty imposed.
History:  1981 c. 79.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.145 - Prosecutions by attorney general or department.

125.145
Prosecutions by attorney general or department.
Upon request by the secretary of revenue, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this chapter. The department may represent this state in prosecuting any violation of s. 125.54 (7) (a) or (b) and shall bring any such action in the circuit court for Dane County.
History:  1985 a. 302; 2005 a. 25.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.15 - Actions against intoxicating liquor wholesalers.

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 department under s. 125.12 (6) of a violation of s. 125.54 (7) (a) may bring an action to enforce the provisions of s. 125.54 (7) if any of the following apply:
(a)
The department has not rendered a decision within the time periods specified in s. 125.12 (6) (c) to (d).
(b)
The department has rendered a decision under s. 125.12 (6) in which the department has determined that a violation has occurred but no action has been brought in circuit court by the department, attorney general, or a district attorney to prosecute the violation.
(2)
An intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association that brings an action under sub. (1) shall be entitled to recover reasonable attorney fees if found to be the prevailing party.
History:  2005 a. 25.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.18 - Issuance of managers' licenses.

125.18
Issuance of managers' licenses.
(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). Managers' licenses may be issued only upon written application.
(2)
Validity. Managers' licenses are valid only within the issuing municipality.
(3)
Fee. The municipal governing body may establish by ordinance a fee for the manager's license, but the fee may not exceed $25 per year. The license shall be valid for no more than one year and shall expire on June 30.
History:  1981 c. 79, 391.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.185 - Provisional retail licenses.

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 under which provisional retail licenses shall be issued and shall by ordinance designate the municipal official having authority to issue provisional retail licenses.
(2)
A provisional retail license may be issued only to a person who has applied for a Class “A", Class “B", “Class A", “Class B" or “Class C" license and authorizes only the activities that the type of retail license applied for authorizes.
(3)
The municipal governing body shall by ordinance establish the fee for a provisional retail license. The fee may not exceed $15.
(4)
A provisional retail license expires 60 days after its issuance or when the Class “A", Class “B", “Class A", “Class B" or “Class C" license is issued to the holder, whichever is sooner. The official who issued the provisional retail license may revoke the license if he or she discovers that the holder of the license made a false statement on the application.
(5)
Notwithstanding sub. (1), a municipal official may not issue a provisional “Class B" license if the municipality's quota under s. 125.51 (4) prohibits the municipality from issuing a “Class B" license.
(6)
No person may hold more than one provisional retail license for each type of license applied for by the holder per year.
History:  1995 a. 23.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.19 - Alcohol beverage warehouse permit.

125.19
Alcohol beverage warehouse permit.
(1)
Issuance. The department 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 department. The permit does not authorize the sale of any alcohol beverages.
(2)
Eligibility. Alcohol beverage warehouse permits may be issued only to a person who holds a valid certificate issued under s. 73.03 (50) and is qualified under s. 125.04 (5), except a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.
History:  1981 c. 79; 1993 a. 259; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.25 - Class “A" licenses.

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 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.
(2)
(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.
(b)
1.
A Class “A" license may not be issued to a person holding a wholesaler's permit 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 permit issued under s. 125.28.
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.
(3)
Class “A" licenses shall particularly describe the premises for which issued and are not transferable, except under s. 125.04 (12). A Class “A" license is subject to revocation for violation of any of the terms or provisions thereof.
(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.
History:  1981 c. 79; 1989 a. 253; 1993 a. 378; 2003 a. 250; 2005 a. 103; 2007 a. 9, 20; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.272 - Face-to-face retail sales.

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 face-to-face sales to consumers at the premises described in the retail license or permit.
History:  2007 a. 85; 2017 a. 95.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.275 - Industrial fermented malt beverages permit.

125.275
Industrial fermented malt beverages permit.
(1)
The department 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 prove to the department that they use alcohol for industrial purposes and who holds a valid certificate issued under s. 73.03 (50).
(2)
(a)
Industrial fermented malt beverages permits may be issued to any person qualified under s. 125.04 (5), except a person acting as agent for or in the employ of another. 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 permit under this section.
(b)
An industrial fermented malt beverages permit may not be issued to a person holding a wholesaler's permit 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 permit issued under s. 125.28.
(3)
Shipments of industrial fermented malt beverages shall be conspicuously labeled “for industrial purposes" and shall meet other requirements which the department prescribes by rule.
History:  1985 a. 29; 1989 a. 253; 1993 a. 259, 378; 1995 a. 27; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.315 - Evading provisions of law by giving away fermented malt beverages.

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 fined not more than $10,000 or imprisoned for not more than 9 months or both.
History:  1989 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.53 - Winery permit.

125.53
Winery permit.
(1)
The department shall issue only to a manufacturing winery in this state that holds a valid certificate issued under s. 73.03 (50) a winery permit authorizing the manufacture and bottling of wine on the premises covered by the permit for sale to wholesalers holding a permit under s. 125.54. A winery permit also authorizes the permittee to, on the winery premises and without obtaining a rectifier's permit, possess intoxicating liquor and mix or blend intoxicating liquor to produce wine sold to wholesalers holding a permit under s. 125.54. A winery holding a permit under this section may offer on the premises taste samples of wine manufactured on the premises to persons who have attained the legal drinking age. A permittee under this section may also have either one “Class A" license or one “Class B" license, but not both. The “Class A" license or “Class B" license may either be issued for the winery premises or for real estate owned or leased by the winery. If a “Class A" or “Class B" liquor license has also been issued to the winery, the winery may provide wine manufactured, mixed, or blended on the winery premises directly to the “Class A" or “Class B" premises and may offer the taste samples on the “Class A" or “Class B" premises. A winery holding a permit under this section may also make retail sales and provide taste samples on county or district fair fairgrounds as provided in s. 125.51 (10), but this wine sold at retail or provided as taste samples shall be purchased from a wholesaler holding a permit under s. 125.54.
(2)
Winery permits may be issued to any person except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another.
History:  1981 c. 79; 1983 a. 74; 1989 a. 30; 1993 a. 112; 1995 a. 27; 2001 a. 16; 2007 a. 85; 2011 a. 129.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.55 - Combination permits.

125.55
Combination permits.
(1)
The department may issue a combination manufacturer's and rectifier's permit.
(2)
A combination manufacturer's and wholesaler's permit may not be issued. A combination rectifier's and wholesaler's permit may not be issued.
History:  1981 c. 79; 1995 a. 27; 2007 a. 85.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.56 - Sacramental wine.

125.56
Sacramental wine.
(1)
Authorization to sell. Any person holding a permit under s. 125.52 (1), 125.53 or 125.54 may sell sacramental wine directly to persons holding permits under sub. (2).
(2)
Sacramental wine permit.
(a)
The department shall issue sacramental wine permits to organized religious bodies authorizing them to purchase for their own use sacramental wine from any permittee under s. 125.52 (1), 125.53 or 125.54. A permit under this subsection does not authorize the resale of sacramental wine by the permittee.
(b)
No sacramental wine permit may be issued to a person acting as an agent for or in the employ of another.
(c)
Shipments of sacramental wine shall be conspicuously labeled “for sacramental purposes" and shall meet any other requirements the department prescribes by rule.
(d)
A sacramental wine permit shall be issued free of charge by the department and is not subject to s. 125.04 (11) (a).
History:  1981 c. 79; 1983 a. 516 s. 8.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.58 - Out-of-state shippers' permit; exception to requirement.

125.58
Out-of-state shippers' permit; exception to requirement.
(1)
The department shall issue out-of-state shippers' permits which authorize persons located outside this state to sell or ship intoxicating liquor into this state. Except as provided under sub. (4), intoxicating liquor may be shipped into this state only to a person holding a wholesaler's permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under this section, to a person holding a manufacturer's or rectifier's permit under s. 125.52 or a winery permit under s. 125.53. Except as provided under sub. (4), a separate out-of-state shipper's permit is required for each location from which any intoxicating liquor is sold or shipped into this state, including the location from which the invoices are issued for the sales or shipments. Any person holding an out-of-state shipper's permit issued under this section may solicit orders for sales or shipments by the permittee without obtaining the sales solicitation permit required by s. 125.65, but every agent, salesperson or other representative who solicits orders for sales or shipments by an out-of-state shipper shall first obtain a permit for soliciting orders under s. 125.65. No holder of an out-of-state shipper's permit issued under this section may sell intoxicating liquor in this state or ship intoxicating liquor into this state unless the out-of-state shipper is the primary source of supply for that intoxicating liquor.
(2)
Out-of-state shippers' permits may be issued only to a person who holds a valid certificate issued under s. 73.03 (50), but may not be issued to a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state shippers' permits are not required to be residents of this state. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers' permits are not required to appoint agents.
(4)
A winery located outside of this state may ship wine into this state as provided under s. 125.535 and is not required to hold an out-of-state shipper's permit under this section.
History:  1981 c. 79; 1983 a. 27; 1987 a. 399; 1989 a. 253; 1991 a. 39; 1993 a. 112, 259, 491; 1995 a. 27; 2001 a. 16; 2001 a. 104 s. 136; 2007 a. 85.
Treating All Grapes Equally: Interstate Alcohol Shipping After  Granholm. Gary. Wis. Law. Mar. 2010.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.60 - Wholesale alcohol permit.

125.60
Wholesale alcohol permit.
(1)
The department may issue a wholesale alcohol permit which authorizes the permittee to sell ethyl alcohol of 190 proof or more to persons holding permits or licenses issued under s. 125.61 or 125.62. Nothing in this section requires manufacturers, rectifiers and wholesalers holding permits issued under s. 125.52 (1) or 125.54 to obtain a wholesale alcohol permit.
(2)
Wholesale alcohol permits may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a person acting as an agent for or in the employ of another. 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 permit under this section.
(3)
Holders of wholesale alcohol permits who do not hold permits issued under s. 125.52 (1) or 125.54 are exempt from s. 125.65 as it relates to special permits for agents or representatives of wholesale alcohol permit holders.
(4)
Holders of wholesale alcohol permits under this section who do not hold permits issued under s. 125.52 (1) or 125.54 may sell or deal in ethyl alcohol, except that no alcohol may be sold for consumption on the premises of the permittee.
History:  1981 c. 79; 1989 a. 253; 1993 a. 259; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.61 - Medicinal alcohol permit.

125.61
Medicinal alcohol permit.
(1)
The department may issue a medicinal alcohol permit which authorizes the permittee to purchase and use alcohol for medicinal purposes only. The permit may be issued only to persons who prove to the department that they use alcohol for medicinal purposes.
(2)
Medicinal alcohol permits 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. 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 permit under this section.
(3)
Shipments of medicinal alcohol shall be conspicuously labeled “for medicinal purposes" and shall meet other requirements which the department prescribes by rule.
(4)
A medicinal permit shall be issued free of charge by the department and is not subject to s. 125.04 (11) (a).
History:  1981 c. 79; 1983 a. 516 s. 8; 1993 a. 259.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.62 - Industrial alcohol permit.

125.62
Industrial alcohol permit.
(1)
The department may issue an industrial alcohol permit which authorizes the permittee to purchase and use alcohol for industrial purposes only. Such permits may be issued only to persons who prove to the department that they use alcohol for industrial purposes.
(2)
Industrial alcohol permits may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a person acting as agent for or in the employ of another. 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 permit under this section.
(3)
Shipments of industrial alcohol shall be conspicuously labeled “for industrial purposes" and shall meet other requirements which the department prescribes by rule.
History:  1981 c. 79; 1989 a. 253; 1993 a. 259; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.63 - Industrial wine permit.

125.63
Industrial wine permit.
(1)
The department may issue an industrial wine permit which authorizes the purchase and use of wine for industrial purposes only. An industrial wine permit may be issued only to persons who prove to the department that they use wine for industrial purposes.
(2)
Industrial wine permits may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a person acting as an agent for or in the employ of another. 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 permit under this section.
(3)
Shipments of industrial wine shall be conspicuously labeled “for industrial purposes" and shall meet other requirements which the department prescribes by rule.
History:  1981 c. 79; 1989 a. 253; 1993 a. 259; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.65 - Permit to solicit for future sales.

125.65
Permit to solicit for future sales.
(1)
The department may issue a permit for wholesale sales for future delivery which authorizes the permittee to solicit orders, and to engage in the sale, of intoxicating liquor for delivery at a future date. A person holding a permit under this section may give a sample of a brand of intoxicating liquor to a “Class A" licensee who has not previously purchased that brand from the permittee.
(2)
Permits for wholesale sale for future delivery may be issued to any person who holds a valid certificate issued under s. 73.03 (50), who is qualified under s. 125.04 (5) (a) 1. and (b) and who is at least 18 years of age.
(3)
Both natural persons engaged in actual solicitation of orders or sales and their employers shall obtain permits under this section.
(4)
The department shall require the following information in applications for permits under this section:
(a)
The type of permit desired.
(b)
The name and address of the applicant; if the applicant is a partnership, limited liability company or association, the name and address of each member thereof; or if the applicant is a corporation, the name and address of each of its officers.
(c)
The places where the business is to be conducted.
(d)
For the period of at least 3 years immediately preceding the date of application, the business or occupation, if any, engaged in by the applicant; if a partnership, limited liability company or association, by each member thereof; or if a corporation, by each officer.
(e)
Any other information required by the department.
(6)
Employers shall furnish the department with the names of all employees engaged in activities requiring a permit under this section and shall notify the department whenever an employee begins or terminates employment. Upon leaving employment, an employee shall submit his or her permit to the department for cancellation.
(7)
Every person holding a permit under this section shall exhibit it upon request to any prospective purchaser.
(8)
Nonresident persons holding permits under this section may solicit sales from retailers in this state only if the orders are solicited for, and will be filled by, persons holding permits under s. 125.54.
(9)
Any person who violates this section shall be fined not less than $100 nor more than $500 or imprisoned for not less than 30 days nor more than 6 months or both. Conviction for a violation of this section shall result in automatic revocation of any permit issued under this section. If a permit issued under this section is so revoked, another permit may not be issued to the same person for a period of 2 years following revocation.
(10)
The department may not require a fee for a permit under this section for an individual who is eligible for the veterans fee waiver program under s. 45.44.
History:  1981 c. 79; 1985 a. 302; 1989 a. 253; 1993 a. 112; 1995 a. 27; 2007 a. 85; 2011 a. 209.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.66 - Sale without license; failure to obtain permit; penalties.

125.66
Sale without license; failure to obtain permit; penalties.
(1)
No person may sell, or possess with intent to sell, intoxicating liquor unless that person holds the appropriate license or permit. Whoever violates this subsection may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
(2)
The issuance of any current permit or special tax stamp of the federal government to any person, authorizing or permitting the person to sell intoxicating liquor, shall be prima facie evidence in any prosecution for violation of this section that the person was engaged in selling intoxicating liquor.
(3)
Any person manufacturing or rectifying intoxicating liquor without holding appropriate permits under this chapter, or any person who sells such liquor, is guilty of a Class F felony.
(4)
Notwithstanding sub. (1) and s. 125.04 (1), a “Class A" licensee who sells intoxicating liquor to a “Class B" licensee for resale may be fined not more than $100.
History:  1981 c. 79; 1989 a. 253; 1995 a. 27; 1997 a. 283; 2001 a. 109.
A license never should have been issued when a notice of application had not been published as required under s. 125.04 (3) (g), and a license issued without publication is void under s. 125.04 (2). Selling liquor under a void license constitutes a violation of sub. (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.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.67 - Evading provisions of law by giving away intoxicating liquor; penalties.

125.67
Evading provisions of law by giving away intoxicating liquor; penalties.
No person may give away intoxicating liquor or use any other means to evade any law of this state relating to the sale of intoxicating liquor. Whoever violates this subsection may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
History:  1981 c. 79; 1989 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 125 - Alcohol beverages. › 125.70 - Trade show samples.

125.70
Trade show samples.
A manufacturer, rectifier, winery, or intoxicating liquor wholesaler may furnish, free of charge, on “Class B" premises, taste samples of intoxicating liquor to any person who has attained the legal drinking age and who is attending a trade show, conference, convention, or similar business meeting, that is held on those premises, of a bona fide national or statewide trade association that derives income from membership dues of “Class B" licensees. Taste samples may not be furnished under this section at more than 2 such events of any one trade association per year. No intoxicating liquor brought on “Class B" premises under this section may remain on those premises after the close of the trade show, conference, convention, or business meeting.
History:  1995 a. 320; 2013 a. 250.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.05 - Agricultural producer security fund.

126.05
Agricultural producer security fund.
(1)
The fund is a public trust and shall be administered to secure payments to producers. Moneys deposited into the fund may be used only for the purposes of this chapter.
(2)
The department shall deposit into the fund all fees, surcharges, assessments, reimbursements, and proceeds of contingent financial backing that the department collects under this chapter. The department shall keep a record by contractor and industry, of all deposits into the fund. The department shall keep a record by industry of all payments from the fund.
History:  2001 a. 16; 2003 a. 38; 2009 a. 296.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.06 - Contingent financial backing.

126.06
Contingent financial backing.
(1)
Department may acquire. Using moneys appropriated under s. 20.115 (1) (v), the department may acquire contingent financial backing to secure payment under s. 126.72 (2) of claims against contributing contractors, as defined in s. 126.68 (1). The contingent financial backing may be in one or more of the following forms:
(a)
A surety bond.
(b)
A contract to provide a cash loan to the fund whenever the department requests a loan payable as provided in sub. (3).
(c)
Trade credit insurance.
(d)
Any other form that the department determines is appropriate.
(2)
Amount.
(a)
Except as provided in par. (b), the department may determine the amount of any contingent financial backing that it obtains under sub. (1), up to the amount that, in the department's judgment, is sufficient to meet reasonably foreseeable needs under s. 126.72 (2). In making this determination, the department shall consider acquisition costs and repayment liabilities.
(b)
The department may not acquire contingent financial backing in an amount that exceeds $17,000,000, unless the department establishes a different maximum amount by rule.
(3)
Repayment. The department shall pay principal and interest costs of any loan provided under sub. (1) (b) only from the appropriation from the agricultural producer security fund under s. 20.115 (1) (wc).
History:  2001 a. 16; 2003 a. 38; 2009 a. 296.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.12 - Grain dealers; insurance.

126.12
Grain dealers; insurance.
(1)
Fire and extended coverage insurance. A grain dealer licensed, or required to be licensed, under s. 126.11 shall maintain fire and extended coverage insurance, issued by an insurance company authorized to do business in this state, that covers all grain in the custody of the grain dealer, whether owned by the grain dealer or held for others, at the full local market value of the grain.
(2)
Insurance cancellation; replacement. Whenever an insurance policy under sub. (1) is canceled, the grain dealer shall replace the policy so that there is no lapse in coverage.
(3)
Insurance coverage; misrepresentation. No grain dealer may misrepresent any of the following to the department or to any grain producer or producer agent:
(a)
That the grain dealer is insured.
(b)
The nature, coverage, or material terms of the grain dealer's insurance policy.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.14 - Contributing grain dealers; disqualification.

126.14
Contributing grain dealers; disqualification.
(1)
Contribution required. A grain dealer who is required to be licensed under s. 126.11 (1) shall pay fund assessments under s. 126.15 unless the grain dealer is disqualified under sub. (2). A grain dealer who is voluntarily licensed under s. 126.11 may pay voluntary assessments under s. 126.15, unless the grain dealer is disqualified under sub. (2).
(2)
Disqualified grain dealer.
(a)
A grain dealer who is required to file security under s. 126.16 (1) (a) is disqualified from the fund until the department determines that one of the conditions in s. 126.16 (8) (a) 1. and 2. is satisfied.
(b)
A grain dealer is disqualified from the fund if any of the following occurs:
1.
The department denies, suspends, or revokes the grain dealer's license.
2.
The department issues an order under s. 126.85 disqualifying the grain dealer from the fund.
(3)
Payments by disqualified grain dealer.
(a)
The department may not return to a disqualified grain dealer any fund assessments that the grain dealer paid as a contributing grain dealer.
(b)
A disqualified grain dealer remains liable for any unpaid fund installment under s. 126.15 that became due while the grain dealer was a contributing grain dealer. A disqualified grain dealer is not liable for any fund installment that becomes due after the grain dealer is disqualified under sub. (2).
(4)
Notice to producers. A grain dealer who is disqualified from the fund shall immediately give written notice of that disqualification to all grain producers and producer agents to whom the grain dealer has unpaid contract obligations for producer grain produced in this state. The department may by rule or order specify the form and content of the notice.
(5)
Disqualified grain dealer to pay cash on delivery. A grain dealer who is disqualified from the fund shall pay cash on delivery for all producer grain procured in this state.
History:  2001 a. 16; 2003 a. 38; 2009 a. 296.