5 replies to this topic

[e_mail80]

Wisconsin does not allow Brew-On-Premises (BOP) business for some reason,
how can I make this business happen, non-profit, volunteer, etc.?

[pg1067]

My interpretation of your post:  how can I legally operate a business that is illegal to operate?

Assuming I have correctly interpreted your question (and assuming you are correct about the law), the obvious answer is that you need to convince the legislators to change the law.

If I have missed something here, please clarify your question and I'll try again.

[e_mail80]

Clarification: I have read through all the laws that govern breweries and micro-breweries
and there is nothing that addresses brew-on-premises. Forgive my ignorance but laws
are passed to prevent an action (standing on a sidewalk) not written to allow an action
(walking on a sidewalk), in any case, I can not find any laws for Or against BOPs. I have
had brief correspondence with Wisconsin Alcohol & Tobacco Enforcement but the
reasoning for not allowing a BOP is vague and does not make sense (to me).
Here are a couple of exerts from said correspondence:

Could you please site which law(s) relate to BOPs and their operation that makes them illegal?
"No specific statue that allows for it. Legislative proposal to do so many years ago,
but never was passed. Thus, prohibited." - WA&TE

This is true, in 2007 State of Wisconsin proposed assembly bill 774 and failed to pass on
March 13, 2008 "Failed to pass pursuant to Senate Joint Resolution 1"
(I can not find what Joint Resolution 1 is)

If a company was set up as a microbrewery and sold beer to the public in six case
increments but the buyer would have to volunteer at said microbrewery for five hours to
get that beer at an employee discounted price.
Is this scenario acceptable under today's statues/laws?
"If
someone had their own recipe and brew beer for themselves at a brewery,
the brewery would have to get brewery permits from the state (and
feds); the person
renting the brewery facility to make his/her own beer would be an
"alternating premise brewer" and would likewise be required to hold
brewery permits." - WA&TE

This makes no sense, to say that an employee of a brewery must poses the brewery permits and
each different batch must also have permits, The brewery poses the premits and I'm sure big breweries run 'test' batches all the time and do not have to pull permits for each test batch.

I feel I'm getting the run around,
Pat

[pg1067]

I think I understand the nature of your inquiry.  However, before I respond further, I would like to be clear exactly what you mean by "brew-on-premises."

[e_mail80]

A BOP provides the equipment and expertise for the general public to rent in order to produce (ferment and bottle) their own beer. The BOP owner/employee does not own the ingredients nor does any physical brewing or bottling.

[pg1067]

It seems to me you're getting into some rather fine-point analysis of Wisconsin alcoholic beverage laws.  You might take a look at this:  https://docs.legis.w...tatutes/125.pdf -- especially section 125.295 concerning brewpubs.

As far as what you were told, yes, in general, something is legal unless there is a law making it illegal.  However, in the case of a highly regulated area like the manufacture of alcoholic beverages, there may be a law that makes everything illegal unless some other law expressly makes it legal.

My suggestion is that you consult with a local attorney.