Wisconsin Statutes
Wis. Stat. § 125.02 (2026)
Definitions
✓ current as of July 2026
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125.02(1c)(1c) “Alcohol vapor device” means any device that provides for the use of air or oxygen bubbled through an alcohol beverage to produce a vapor or mist that allows the user to inhale this alcoholic vapor through the mouth or nose.
125.02(1g)(1g) “Axe throwing facility” means an establishment that provides customers with a venue to engage in the activity of axe throwing and that either derives at least 51 percent of its revenue from fees associated with axe throwing or maintains at the venue at least 5 axe throwing lanes.
125.02(2)(2) “Brewer” means any person who manufactures fermented malt beverages for sale or transportation, except that “brewer” does not include a permittee under s. 125.295.
125.02(2d)(2d) “Brewer group” means a brewer, including all premises for which the brewer holds a permit issued under s. 125.29, together with all of the following:
125.02(2d)(a)(a) All brewers that share membership with the brewer in a controlled group of brewers, as determined under 26 USC 5051 (a) (2) (B).
125.02(2d)(d)(d) All franchisees, as defined in s. 553.03 (5), of the brewer’s franchisor, as defined in s. 553.03 (6).
125.02(2p)(2p) “Brewpub group” means a brewpub, including all premises for which the brewpub holds a permit issued under s. 125.295, together with all of the following:
125.02(2p)(a)(a) All brewpubs that share membership with the brewpub in a controlled group of brewpubs, as determined under 26 USC 5051 (a) (2) (B).
125.02(2p)(d)(d) All franchisees, as defined in s. 553.03 (5), of the brewpub’s franchisor, as defined in s. 553.03 (6).
125.02(3)(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.
125.02(3r)(3r) “Caterer” means any person holding a license under s. 97.30 for a restaurant who is in the business of preparing food and transporting it for consumption on premises where gatherings, meetings, or events are held, if the sale of food at each gathering, meeting, or event accounts for greater than 50 percent of the gross receipts of all of the food and beverages served at the gathering, meeting, or event.
125.02(3u)(3u) “Chamber of commerce” means a local chamber of commerce organized under ch. 181 or a similar civic or trade organization organized under ch. 181 to promote economic growth and opportunity within a local geographical area.
125.02(4)(4) “Club” means an organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain and which only sells alcohol beverages incidental to its operation.
125.02(6)(a)(a) 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 percent or more of alcohol by volume.
125.02(6)(b)(b) Any beverage recognized by the federal department of the treasury as beer under 27 CFR part 25, except sake or similar products.
125.02(6d)(6d) “Fulfillment house” means any entity, whether located in this state or elsewhere, that handles logistics, including warehousing, packaging, order fulfillment, or shipping services, on behalf of a person holding a direct wine shipper’s permit under s. 125.535 for wine that is eligible to be shipped to individuals in this state.
125.02(6g)(6g) “Full-service retail sales” means retail sales of fermented malt beverages or intoxicating liquor, for on-premises or off-premises consumption, or the provision of taste samples of fermented malt beverages or intoxicating liquor, or any combination of these activities.
125.02(6m)(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.
125.02(8)(8) “Intoxicating liquor” means all ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 0.5 percent or more of alcohol by volume, which are beverages, but does not include “fermented malt beverages”.
125.02(9)(9) “License” means an authorization to sell alcohol beverages issued by a municipal governing body under this chapter.
125.02(10)(10) “Manufacturer” means a person, other than a rectifier, that ferments, manufactures or distills intoxicating liquor.
125.02(11m)(11m) “Painting studio” means an establishment that is primarily engaged in the business of providing to customers instruction in the art of painting and that offers customers the opportunity to purchase food and beverages for consumption while they paint.
125.02(12)(12) “Peace officer” means a sheriff, undersheriff, deputy sheriff, police officer, constable, marshal, deputy marshal or any employee of the division or of the department of justice authorized to act under this chapter.
125.02(13)(13) Except as provided in ss. 125.27 (6) and 125.51 (5) (g), “permit” means any permit issued by the division under this chapter.
125.02(14)(14) “Person” means a natural person, sole proprietorship, partnership, limited liability company, corporation or association or the owner of a single-owner entity that is disregarded as a separate entity under ch. 71.
125.02(14m)(14m) “Premises” means the area described in a license or permit, excluding a permit issued under s. 125.175 or 125.24.
125.02(15)(a)(a) With respect to fermented malt beverages, the brewer or brewpub that manufactured the fermented malt beverages or the exclusive agent designated by this brewer or brewpub.
125.02(15)(b)(b) With respect to intoxicating liquor, the manufacturer, the rectifier, or the exclusive agent designated by the manufacturer or rectifier.
125.02(15m)(15m) “Principal business” means the primary activity as determined by analyzing the amount of capital, labor, time, attention and floor space devoted to each business activity and by analyzing the sources of net income and gross income. The name, appearance and advertising of the entity may also be taken into consideration if they are given less weight.
125.02(16)(am)1.1. A person that rectifies, purifies or refines distilled spirits or wines by any process other than by original and continuous distillation from mash, wort or wash, through continuous closed vessels or pipes, until the manufacture thereof is complete.
125.02(16)(am)2.2. A person who possesses any still or leach tub or keeps any other apparatus for refining distilled spirits.
125.02(16)(am)3.3. A person who after rectifying and purifying distilled spirits, by mixing such spirits with any materials, manufactures any spurious, imitation or compound liquors for sale.
125.02(16)(am)4.4. A distiller or any person under substantially the same control as a distiller who, without rectifying, purifying or refining distilled spirits, by mixing such spirits with any materials, manufactures any spurious, imitation or compound liquors for sale under the name of “whiskey”, “brandy”, “gin”, “rum”, “spirits”, “cordials” or any other name.
125.02(16)(bm)(bm) “Rectifier” does not include a “Class B” licensee that prepares, stores, or dispenses mixed drinks in advance of sale in compliance with s. 125.51 (3) (bg).
125.02(18)(18) “Restaurant” means any building, room, or place where meals are prepared or served or sold to transients or the general public, including all places used in connection with it and including any public or private school lunchroom for which food service is provided by contract. For purposes of this subsection, “meals” does not include soft drinks, ice cream, milk, milk drinks, ices, and confections. “Restaurant” does not include any of the following:
125.02(18)(a)(a) Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish, or bread and butter.
125.02(18)(b)(b) Churches, religious, fraternal, youths’ or patriotic organizations, service clubs and civic organizations which occasionally prepare, serve, or sell meals to transients or the general public.
125.02(18)(c)(c) Any public or private school lunchroom for which food service is directly provided by the school, or a private individual selling foods from a movable or temporary stand at public farm sales.
125.02(18)(d)(d) Any bed and breakfast establishment, as defined in s. 97.01 (1g), that serves breakfasts only to its lodgers.
125.02(18)(e)(e) The serving of food or beverage through a licensed vending machine, as defined in s. 97.01 (15p).
125.02(18)(f)(f) Any college campus, as defined in s. 36.05 (6m), institution as defined in s. 36.51 (1) (b), or technical college that serves meals only to the students enrolled in the college campus, institution, or technical college or to authorized elderly persons under s. 36.51 or 38.36.
125.02(18)(g)(g) A concession stand at a locally sponsored sporting event, such as a little league game.
125.02(19)(19) “Retailer” means any person who sells, or offers for sale, any alcohol beverages to any person other than a person holding a permit or a license under this chapter.
125.02(20)(20) “Sell”, “sold”, “sale” or “selling” means any transfer of alcohol beverages with consideration or any transfer without consideration if knowingly made for purposes of evading the law relating to the sale of alcohol beverages or any shift, device, scheme or transaction for obtaining alcohol beverages, including the solicitation of orders for, or the sale for future delivery of, alcohol beverages.
125.02(20d)(20d) “State fair park” means the property, buildings, and other improvements under the management of the state fair park board located in the city of West Allis and the city of Milwaukee bounded by I 94 to the north, S. 76th Street to Pierce Street to S. 77th Street to the east, W. Greenfield Avenue to the south, and S. 84th Street to the west.
125.02(20g)(20g) “Tamper-evident seal” means a device or material that is used to securely and fully close off a container, with no perforations, in such a manner that access to the contents of the container cannot be gained without showing evidence of tampering.
125.02(21)(21) “Wholesaler” means a person, other than a brewer, brewpub, manufacturer, or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit to sell alcohol beverages at wholesale.
125.02(22)(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 not less than 0.5 percent nor more than 21 percent of alcohol by volume.
125.02(23)(23) “Wine collector” means an individual who meets the standards established by the division by rule and who is registered with the division as a collector of wine.
125.02 HistoryHistory: 1981 c. 79, 202; 1983 a. 74; 1983 a. 189 s. 329 (6); 1983 a. 203 s. 47; 1985 a. 47, 302, 337; 1989 a. 253; 1991 a. 39; 1993 a. 27, 112; 1997 a. 27; 1999 a. 163; 2007 a. 20 ss. 2757te to 2757we, 2759ci; 2007 a. 85; 2011 a. 32, 200; 2013 a. 106; 2015 a. 8, 55, 62; 2017 a. 17; 2021 a. 21, 43; 2023 a. 73.
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 1988–2025 · leading case: Winebow, Inc. v. Capitol-Husting Co., Inc., 914 N.W.2d 631 (Wis. 2018).
Winebow, Inc. v. Capitol-Husting Co., Inc., 914 N.W.2d 631 (Wis. 2018). “2017AP1595-CQ to Wis. Stat. § 125.02 (8), "vinous liquors," or in other words "wine," is expressly included under the umbrella of "intoxicating liquor": "Intoxicating liquor" means all ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated,…”
Nichols v. Progressive N. Ins., 2008 WI 20 (Wis. 2008). “The court of appeals concluded that this section does not apply in the present case because "premises" is defined in § 125.02 as the area described in a municipal license authorizing the sale of alcohol beverages or in a Department of Revenue permit issued under chapter 125 (the…”
Wisconsin Dolls, LLC v. Town of Dell Prairie, 2012 WI 76 (Wis. 2012). “Wis. Stat. §§ 125.02 (5), 125.03. The state also has delegated authority to local municipalities to issue licenses for the sale of alcohol beverages and to regulate otherwise the sale of alcohol beverages.”
Miller v. Thomack, 563 N.W.2d 891 (Wis. 1997). “Wis. Stat. §§ 125.02 (8m) and 125.02(20m).”
Winebow, Inc. v. Capitol-Husting Co., Inc., 867 F.3d 862 (7th Cir. 2017). “” This revised definition of a “dealership” expressly incorporates the definition of “intoxicating liquor” in the chapter regulating alcohol ' sales, Wis. Stat. § 125.02 (8), which includes wine: .”
Arty's, LLC v. Wis. Dep't of Revenue, 919 N.W.2d 590 (Wis. Ct. App. 2018). “§ 125.02(10) (" 'Manufacturer' means a person, other than a rectifier, that ferments, manufactures or distills *598 intoxicating liquor.”
Eichenseer v. Madison-Dane Cnty. Tavern League, Inc., 2008 WI 38 (Wis. 2008). “Wis. Stat. §§ 125.02 (8m), (20m), and 125.”
Smith v. Kappell, 433 N.W.2d 588 (Wis. Ct. App. 1988). “07(l)(a) provides: "No person may procure for, sell, dispense or give away any alcohol beverages to any underage person _” Section 125.02(14) provides: "'Person’ means a natural person, *385 sole proprietorship, partnership, corporation or association.”
Miller v. Thomack, 555 N.W.2d 130 (Wis. Ct. App. 1996). “Bar, Hall, back porch & Concession Stand." It is undisputed that Thomack and the others did not consume alcohol in these areas.”
Cnty. of Fond du Lac v. Muche, 2016 WI App 84 (Wis. Ct. App. 2016). “) "Premises" is defined under Wis. Stat. § 125.02 (14m) as "the area described in a license or permit.”
Wisconsin Dolls, LLC v. Town of Dell Prairie, 2011 WI App 141 (Wis. Ct. App. 2011). “§ 125.02(14m) defines "premises" as "the area described in a license or permit.”
Gen. Beer-Ne., Inc. v. Johnson Distrib., Inc., 921 N.W.2d 523 (Wis. Ct. App. 2018). “§ 125.02(2). 2 Johnson and General Beer are "[w]holesaler[s]" as defined by § 125.”
— Wis. Stat. § 125.02(1) — 2 cases
Winebow, Inc. v. Capitol-Husting Co., Inc., 914 N.W.2d 631 (Wis. 2018). “2017AP1595-CQ to Wis. Stat. § 125.02 (8), "vinous liquors," or in other words "wine," is expressly included under the umbrella of "intoxicating liquor": "Intoxicating liquor" means all ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated,…”
Robert Cronwell v. City of Glendale (Wis. Ct. App. 2024).
— Wis. Stat. § 125.02(10) — 1 case
Arty's, LLC v. Wis. Dep't of Revenue, 919 N.W.2d 590 (Wis. Ct. App. 2018). “§ 125.02(10) (" 'Manufacturer' means a person, other than a rectifier, that ferments, manufactures or distills *598 intoxicating liquor.”
— Wis. Stat. § 125.02(13) — 2 cases
Nichols v. Progressive N. Ins., 2008 WI 20 (Wis. 2008). “The court of appeals concluded that this section does not apply in the present case because "premises" is defined in § 125.02 as the area described in a municipal license authorizing the sale of alcohol beverages or in a Department of Revenue permit issued under chapter 125 (the…”
Cnty. of Fond du Lac v. Muche, 2016 WI App 84 (Wis. Ct. App. 2016). “) "Premises" is defined under Wis. Stat. § 125.02 (14m) as "the area described in a license or permit.”
— Wis. Stat. § 125.02(14) — 1 case
Smith v. Kappell, 433 N.W.2d 588 (Wis. Ct. App. 1988). “07(l)(a) provides: "No person may procure for, sell, dispense or give away any alcohol beverages to any underage person _” Section 125.02(14) provides: "'Person’ means a natural person, *385 sole proprietorship, partnership, corporation or association.”
— Wis. Stat. § 125.02(14m) — 5 cases
Nichols v. Progressive N. Ins., 2008 WI 20 (Wis. 2008). “The court of appeals concluded that this section does not apply in the present case because "premises" is defined in § 125.02 as the area described in a municipal license authorizing the sale of alcohol beverages or in a Department of Revenue permit issued under chapter 125 (the…”
Wisconsin Dolls, LLC v. Town of Dell Prairie, 2012 WI 76 (Wis. 2012). “Wis. Stat. §§ 125.02 (5), 125.03. The state also has delegated authority to local municipalities to issue licenses for the sale of alcohol beverages and to regulate otherwise the sale of alcohol beverages.”
Miller v. Thomack, 555 N.W.2d 130 (Wis. Ct. App. 1996). “Bar, Hall, back porch & Concession Stand." It is undisputed that Thomack and the others did not consume alcohol in these areas.”
Wisconsin Dolls, LLC v. Town of Dell Prairie, 2011 WI App 141 (Wis. Ct. App. 2011). “§ 125.02(14m) defines "premises" as "the area described in a license or permit.”
Cnty. of Fond du Lac v. Muche, 2016 WI App 84 (Wis. Ct. App. 2016). “) "Premises" is defined under Wis. Stat. § 125.02 (14m) as "the area described in a license or permit.”
— Wis. Stat. § 125.02(16) — 1 case
Arty's, LLC v. Wis. Dep't of Revenue, 919 N.W.2d 590 (Wis. Ct. App. 2018). “§ 125.02(10) (" 'Manufacturer' means a person, other than a rectifier, that ferments, manufactures or distills *598 intoxicating liquor.”
— Wis. Stat. § 125.02(16)(e) — 1 case
Arty's, LLC v. Wis. Dep't of Revenue, 919 N.W.2d 590 (Wis. Ct. App. 2018). “§ 125.02(10) (" 'Manufacturer' means a person, other than a rectifier, that ferments, manufactures or distills *598 intoxicating liquor.”
— Wis. Stat. § 125.02(2) — 1 case
Gen. Beer-Ne., Inc. v. Johnson Distrib., Inc., 921 N.W.2d 523 (Wis. Ct. App. 2018). “§ 125.02(2). 2 Johnson and General Beer are "[w]holesaler[s]" as defined by § 125.”
— Wis. Stat. § 125.02(21) — 2 cases
Winebow, Inc. v. Capitol-Husting Co., Inc., 914 N.W.2d 631 (Wis. 2018). “2017AP1595-CQ to Wis. Stat. § 125.02 (8), "vinous liquors," or in other words "wine," is expressly included under the umbrella of "intoxicating liquor": "Intoxicating liquor" means all ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated,…”
Gen. Beer-Ne., Inc. v. Johnson Distrib., Inc., 921 N.W.2d 523 (Wis. Ct. App. 2018). “§ 125.02(2). 2 Johnson and General Beer are "[w]holesaler[s]" as defined by § 125.”
— Wis. Stat. § 125.02(22) — 1 case
Arty's, LLC v. Wis. Dep't of Revenue, 919 N.W.2d 590 (Wis. Ct. App. 2018). “§ 125.02(10) (" 'Manufacturer' means a person, other than a rectifier, that ferments, manufactures or distills *598 intoxicating liquor.”
— Wis. Stat. § 125.02(6) — 2 cases
Arty's, LLC v. Wis. Dep't of Revenue, 919 N.W.2d 590 (Wis. Ct. App. 2018). “§ 125.02(10) (" 'Manufacturer' means a person, other than a rectifier, that ferments, manufactures or distills *598 intoxicating liquor.”
State v. Kimberly D. Rowe (Wis. Ct. App. 2025).
— Wis. Stat. § 125.02(8) — 3 cases
Winebow, Inc. v. Capitol-Husting Co., Inc., 914 N.W.2d 631 (Wis. 2018). “2017AP1595-CQ to Wis. Stat. § 125.02 (8), "vinous liquors," or in other words "wine," is expressly included under the umbrella of "intoxicating liquor": "Intoxicating liquor" means all ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated,…”
Arty's, LLC v. Wis. Dep't of Revenue, 919 N.W.2d 590 (Wis. Ct. App. 2018). “§ 125.02(10) (" 'Manufacturer' means a person, other than a rectifier, that ferments, manufactures or distills *598 intoxicating liquor.”
State v. Kimberly D. Rowe (Wis. Ct. App. 2025).
— Wis. Stat. § 125.02(8m) — 1 case
Miller v. Thomack, 555 N.W.2d 130 (Wis. Ct. App. 1996). “Bar, Hall, back porch & Concession Stand." It is undisputed that Thomack and the others did not consume alcohol in these areas.”
— Wis. Stat. § 125.02(9) — 2 cases
Nichols v. Progressive N. Ins., 2008 WI 20 (Wis. 2008). “The court of appeals concluded that this section does not apply in the present case because "premises" is defined in § 125.02 as the area described in a municipal license authorizing the sale of alcohol beverages or in a Department of Revenue permit issued under chapter 125 (the…”
Cnty. of Fond du Lac v. Muche, 2016 WI App 84 (Wis. Ct. App. 2016). “) "Premises" is defined under Wis. Stat. § 125.02 (14m) as "the area described in a license or permit.”
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