AB 391

Under current law, with limited exceptions, no person may sell alcohol

beverages to a consumer unless the seller possesses a license or permit authorizing

the sale. A Class "A" license authorizes the retail sale of fermented malt beverages

(beer), in original containers, for consumption off the licensed premises and is

generally held by such retailers as grocery stores, liquor stores, and convenience

stores. A Class "B" license authorizes the retail sale of beer for consumption on or

off the licensed premises and is generally held by such retailers as taverns and

restaurants. Current law generally prohibits a brewer, brewpub, or beer wholesaler

from furnishing anything of value to a Class "B" beer retailer, but there are many

exceptions, including for selling to the retailer equipment and supplies at fair market

value. This prohibition does not apply with respect to a Class "A" beer retailer.

This bill authorizes Class "A" beer retailers to sell beer in growlers that are

filled and sealed on the retail licensed premises. The bill defines "growler" as a

refillable and resealable container exceeding 24 ounces in volume used to package

beer for consumption away from the property where sold. The bill also generally

prohibits a brewer, brewpub, or beer wholesaler from furnishing anything of value

to a Class "A" beer retailer that sells beer in growlers if the thing of value is associated

with or related to the sale of beer in growlers. However, there are various exceptions,

including for selling to the retailer equipment and supplies at fair market value.

Under current law, a brewer holding a brewer's permit may, among other

activities authorized under its brewer's permit: 1) manufacture, bottle, package, and

store beer on the brewery premises; 2) sell and deliver the brewer's own beer to

wholesalers; 3) if the brewer produces 300,000 or fewer barrels of beer per year, sell

and deliver its own beer to retailers; and 4) sell at retail, without a retail license, the

brewer's own beer and other Wisconsin-made beer at the brewery premises and at

one off-site retail outlet of the brewer.

This bill authorizes a brewer, at the request of a customer, to package and sell

at retail, on brewery premises or at the brewer's off-site retail outlet, growlers of the

brewer's own beer and of other Wisconsin-made beer.