Wis. Stat. § 125.58
Out-of-state shippers’ permit; exception to requirement
Redline — January 1, 2003 → current.View current text →
Current — January 1, 2011
As of January 1, 2003
(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 manufacturer's, rectifier's, wholesaler's, industrial alcohol or medicinal alcohol permit. 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.
(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.
(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) A winery located outside of this state may ship wine into this state as provided under s. 125.68 (10) (bm) if all of the following apply:
1. The winery is located in a state that has a reciprocal agreement with this state under s. 139.035 .
2. The winery holds a valid business tax registration certificate issued under s. 73.03 (50) . Notwithstanding s. 73.03 (50) , the department shall charge an annual fee of $10 for this registration.
3. The winery submits to the department, with any initial application or renewal for a certificate under s. 73.03 (50) , a copy of any current license, permit, or authorization issued to the winery by any state from which the winery will ship wine into this state.
4. The winery submits a report to the department, by January 31 of each year, on forms furnished by the department, providing the identity, quantity, and price of all products shipped into this state during the previous calendar year, along with the name, address, and birthdate of each person who purchased these products and each person to whom these products were shipped. The department shall keep confidential, in the same manner required for tax returns under s. 71.78 (1) , (4) , and (5) to (8) , reports submitted under this subdivision.
(b) An out-of-state shipper's permit is not required for shipments into this state under this subsection.
(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.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.