Updated: 10/2012

Status: Permitted

Statute

Wisconsin statute Chapter 125, Subchapter 1, § 125.06 (3) – (3r) permits the

the manufacture and transportation of “homemade” wine or beer without license if the person manufacturing the wine or beer receives no compensation. § 139.04 exempts “homemade” wine and beer from taxation.

Discussion

§ 125.06 (3)-(3r) is a comprehensive law enabling the production and transportation of homemade beer and wine for a wide range of circumstances as long as the person manufacturing the fermented malt beverage receives no compensation. The statute specifically allows for production of “homemade” beer and wine at homebrew supply shops and allows such shops to serve free samples to customers if the server has an operators (bartenders) license. The definition of “Wine” includes Mead, and Sake.

Special Provisions

N/A

State Alcohol Beverage Control Agency

Wisconsin Department of Revenue

Tobacco and Alcohol Enforcement Section

P.O. Box 8906

Madison, WI 53708-8906

Phone: 608.266.2772

Fax: 608.267.0834

Applicable Statutory Material

125.02. Definitions

Except as otherwise provided, in this chapter:

(1) “Alcohol beverages” means fermented malt beverages and intoxicating liquor.

(2) “Brewer” means any person who manufactures fermented malt beverages for sale or transportation.

(3) “Brewery premises” means all land and buildings used in the manufacture or sale of fermented malt beverages at a brewer’s principal place of business.

(6) “Fermented malt beverages” means any beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar containing 0.5% or more of alcohol by volume.

(6m) ”Homemade,” with respect to the making of wine and fermented malt beverages, means wine and fermented malt beverages made by a person’s own efforts and not for a commercial purpose, but does not require that the wine or fermented malt beverages be made in the person’s home.

(22) “Wine” means products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain 0.5% or more of alcohol by volume.

125.06 License and permit exceptions. No license or permit is required under this chapter for:

(3) The making of homemade wine or fermented malt beverages.

(a) The making of homemade wine or fermented malt beverages, and the possession, transportation, or storage of homemade wine or fermented malt beverages, by any person if all of the following apply:

1. The person who makes the wine or fermented malt beverages receives no compensation.

2. The wine or fermented malt beverages are not sold or offered for sale.

3. The total quantity of wine or fermented malt beverages made, in a calendar year, by the person and any other person living in the same household does not exceed 100 gallons if the household has only one person of legal drinking age or 200 gallons if the household has 2 or more persons of legal drinking age.

(b) A person who makes, possesses, transports, or stores homemade wine or fermented malt beverages in compliance with the limitations specified in par. (a) is not a brewer or a manufacturer of wine for purposes of this chapter.

(c) Homemade wine or fermented malt beverages made in compliance with the limitations specified in par. (a) may be consumed by the person who made it and his or her family, neighbors, and friends at any private residence or other private location where the possession and consumption of alcohol is permissible under this chapter, local ordinances, and other applicable law. This paragraph does not apply to licensed premises.

(3g) Wine or fermented malt beverages made at supply stores. The manufacture of wine or fermented malt beverages by any person at a business primarily engaged in selling supplies and equipment for use by homebrewers or home winemakers, and, notwithstanding s. 125.09 (1), the tasting at the business of wine or fermented malt beverages so manufactured, if the wine or fermented malt beverages are not sold or offered for sale. Wine or fermented malt beverages provided at a business for tasting under this subsection may only be provided by a person who holds an operator’s license issued under s. 125.17.

(3m) The use of homemade wine or fermented malt beverages for competitions or exhibitions or similar purposes.

(a) The use of homemade wine or fermented malt beverages made in compliance with the limitations specified in sub. (3) (a) for purposes of exhibition, demonstration, judging, tasting, or sampling or as part of a contest or competition, if the exhibition, demonstration, judging, tasting, sampling, contest, or competition is held at a private residence or on a licensed premises. Homemade wine or fermented malt beverages used for purposes described in this paragraph, including the submission or consumption of such wine or fermented malt beverages, are not considered sold or offered for sale under sub. (3) (a) 2. and any prize awarded at a contest or competition or as a result of an exhibition, demonstration, judging, tasting, or sampling is not considered compensation under sub. (3) (a) 1., but no fee may be charged for consumption of the homemade wine or fermented malt beverages at the exhibition, demonstration, judging, tasting, sampling, contest, or competition.

(b) Notwithstanding ss. 125.14 (5), 125.315, 125.32 (6) (a), 125.34 (2) and (5), and 125.67, a person who is not a licensee under this chapter may at a private residence, and a person who is a licensee under this chapter may on the licensed premises, conduct, sponsor, or host a contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade wine or fermented malt beverages made in compliance with the limitations specified in sub. (3) (a) if the person does not sell the wine or fermented malt beverages and, unless the person is the maker of the wine or fermented malt beverages, does not acquire any ownership interest in the wine or fermented malt beverages. No fee may be charged for consumption of homemade wine or fermented malt beverages at the contest, competition, or other event. If the contest, competition, or other event is held on licensed premises, the licensee may allow the homemade wine or fermented malt beverages to be stored on the premises if the homemade wine or fermented malt beverages are clearly identified and kept separate from any alcohol beverages owned by the licensee. If the contest, competition, or other event is held on licensed premises, the provisions of ss. 125.32 (7) and 125.68 (9) (e) do not apply with respect to the homemade wine or fermented malt beverages. If the contest, competition, or other event is held on licensed premises, the licensee shall comply with all provisions of this chapter and local ordinances that would apply if the fermented malt beverages or wine were not homemade, except those provisions made specifically inapplicable under this paragraph.

(3r) Wine or fermented malt beverages made for educational purposes. The manufacture of wine or fermented malt beverages for educational purposes, and, notwithstanding s. 125.09 (1), the tasting of the wine or fermented malt beverages at the place of manufacture, if the wine or fermented malt beverages are not sold or offered for sale.

125.17 Issuance of operators’ licenses.

(1) Authorization. Every municipal governing body shall issue an operator’s license to any applicant who is qualified under s. 125.04 (5). Operators’ licenses may not be required other than for the purpose of complying with ss. 125.32 (2) and 125.68 (2) or s. 125.06 (3g). Operators’ licenses may be issued only upon written application.

139.04 Exclusions. No tax is levied by ss. 139.02 and 139.03 in respect to:

(1) Wine, as defined in s. 125.02 (22), or fermented malt beverages made in compliance with the limitations specified in s. 125.06 (3) (a), (3g), (3r), or (4).