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Alcohol Beverages Regulation in Wisconsin

Product ID: AE0363_SUB
Published By: State Bar of Wisconsin PINNACLE
ISBN: 978-1-57862-473-7

With guidance from Alcohol Beverages Regulation, you won’t miss an aspect of the laws affecting alcohol beverages in Wisconsin, from manufacture through taxation, transport, storage, and sale, up to and including legal details regarding who can buy it, how, and when.

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With guidance from Alcohol Beverages Regulation, you won’t miss an aspect of the laws affecting alcohol beverages in Wisconsin, from manufacture through taxation, transport, storage, and sale, up to and including legal details regarding who can buy it, how, and when.

Read More ↓

1,264+ pp.; 2nd ed. 2016
(Includes 2018-2019 supplement, 2020-2021 supplement and 2022-2023 supplement)
2 Volumes

Summary of content

  1. Introduction to Alcohol Beverages Regulation
  2. Authority to Regulate Alcohol Beverages
  3. Retailers
  4. Wholesalers, Out-of-State Shippers, and Importers
  5. Brewers
  6. Wineries
  7. Distilled Spirits Producers
  8. Advertising and Unfair Competition
  9. Taxation of Alcohol Beverages
  10. Administrative Proceedings, Enforcement, and Penalties

Table of Cases
Table of Statutes, Regulations, and Rules
Index

The 2022-2023 supplement includes a number of changes such as:

  • Chapters 5 and 7 were significantly revised and reprinted in their entirety and include the updates caused by the TTB’s reorganization of the distilled spirits and beer chapters of Title 21 of the Code of Federal Regulations
  • The newly authorized sizes for wine containers and distilled spirits containers and the TTB’s proposal to eliminate standard of fill requirements
  • A revised discussion of the different classes of distilled spirits and an updated table of the class and type and the standards of identity of the various distilled spirits, as well as an extended discussion of distilled spirits specialty products
  • The use of non-fungible tokens (NFTs) in the alcohol beverage industry and advertising for alcohol beverage products
  • How the TTB treats the use of QR codes and augmented reality (AR) on alcohol beverage labels 

 

The 2020-2021 supplement includes a number of changes such as:

  • A 2019 U.S. Supreme Court decision reconsidering the historical analysis set forth in Granholm v. Heald, 544 U.S. 460 (2005), determining whether a durational residency requirement violated the dormant Commerce Clause and the 21st Amendment
  • The developing split between the federal circuits regarding the constitutionality under the Commerce Clause of state laws treating in-state and out-of-state retailers differently for purposes of direct-to-consumer shipping
  • Local “click and collect” ordinances in Madison and Green Bay, which allow customers to place online orders with licensed retailers for pickup at the licensed premises
  • A proposed rule relating to requests for predeterminations regarding license eligibility for applicants who have conviction records
  • A winery’s offering of taste samples through a “virtual tasting room”
  • Tax changes that were extended through calendar year 2020 and one that was not extended

The 2018-19 supplement includes a number of changes, such as:

  • Legislative reversal of certain restaurant requirements for alcohol-serving establishments
  • Recent amendment to a statute concerning the ramifications of an adult’s failure to take action to prevent the illegal consumption of alcohol beverages by underage persons
  • A 2018 Sixth Circuit decision, which has been granted certiorari by the U.S. Supreme Court, discussing whether Granholm v. Heald, 544 U.S. 460 (2005), applies to the wholesale and retail sectors
  • Tax changes for 2018 and 2019 as enacted in the Tax Cuts and Jobs Act and trailer legislation 
  • Discussion of whether a wedding barn constitutes a public place for purposes of Wis. Stat. § 125.09(1)

The 2016-17 revision incorporates key legal developments, such as:

  • Recent Wisconsin legislation regarding “wine walks”
  • A 2016 Ninth Circuit case discussing whether tied-house restrictions are subject to challenge under the First Amendment
  • Discussion on crowdfunding of breweries and interest restrictions
  • Rule changes regarding bonds and annual excise tax liability levels
  • Recent class actions alleging false and deceptive labeling, packaging, and marketing of alcohol products

State Bar of Wisconsin PINNACLE® is the premier publisher of practice guides and handbooks for Wisconsin's attorneys, written by Wisconsin's attorneys. PINNACLE relies on the expertise and contributions of volunteers from within the State Bar of Wisconsin membership to help develop and deliver timely, relevant information to assist Wisconsin's attorneys provide the highest-quality representation and service.

About the Author

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To help you keep your books up to date and save money, the State Bar offers an automatic supplementation service for print books. With this service, new supplements and revisions are mailed automatically with an invoice. The invoice includes the cost of the supplement or revision at a 10% discount, the standard postage and handling charge, and Wisconsin sales tax. Return privileges apply, and you may cancel your subscription at any time. If you DO NOT wish to subscribe to new supplements or revisions, please opt out at checkout or notify Customer Service after you order at (800) 728-7788.

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Books UnBound® is the exclusive online digital resource from State Bar of Wisconsin PINNACLE® books that Wisconsin attorneys have trusted and relied on for decades, including all the “brown binders” and other treatises, the Wisconsin Attorney’s Desk Reference, Wisconsin Judicial Benchbooks, and now all of our most recent books previously released in print only. Featuring a fast, user-friendly interface protected by two-factor authentication, a powerful search function, an expanded notes feature, and one-click access to Fastcase and other primary law resources, Books UnBound is a one-stop shop for all your legal research needs.

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