The Great Dane Brewpub can now sell its own brewed beer at its Hilldale restaurant due to a provision in the 2007-09 Wisconsin state budget that went into effect last week.
The Madison-based restaurant opened the third location last year, but was unable to sell its own beer there because of a law dating back to the end of Prohibition.
Sen. Fred Risser, D-Madison, began drafting a bill about a year and half ago to update existing law and help the Great Dane sell its own beer at more locations. The language of this bill was included in the state budget with support from the Assembly, Risser's spokesperson Terry Tuschen said.
"Sen. Risser wanted to make sure that the laws are updated to allow brewpubs … to grow and expand at a pretty reasonable rate," Tuschen said.
The new law allows brewpubs to sell their own product at up to six restaurants without using a distributor. They can also to brew up to 10,000 barrels of beer per year, an increase from the 4,000-barrel limit under previous laws.
"Back in the '30s at the end of Prohibition, they really limited the number of retail locations a brewer could have — like a Miller, Budweiser and all that — because they didn't want a monopoly to develop," Tuschen said. "The Great Dane doesn't want to become Miller. They don't even really want to become Capital Brewery. They just want to brew their own beer and have a few restaurants and be successful that way."
Tuschen said the original bill drafted by Risser was discussed in public hearings. The Wisconsin Brewer's Guild and the Wisconsin Beer Distributors had some initial objections to the bill, but Risser worked to compromise with these organizations, Tuschen added.
However, Lakefront Brewery President Russ Klisch still opposes the new law.
"If you want to get into the brewing business, you have to go down one of two roads," Klisch said. "If you're a brewpub, you can serve food, you can sell food at your location, but you can't grow above 10,000 barrels. If you're a brewery, it's illegal for you to serve food."
Klisch said this new provision in the law puts new businesses at a disadvantage. Previous to the law, breweries could exceed the barrel limit imposed on brewpubs and sell food. All breweries operating before the law went into effect have been grandfathered in and are still allowed to sell food, but any brewery opening after the law passed will not be able to serve food.
"It's going to hurt the brewing industry in Wisconsin," Klisch said.
Great Dane Director of Operations Ted Peterson said the law would allow the company to grow.
"It benefits us, because prior to the law we were restricted to having only two licensed brewpubs in the state of Wisconsin," Peterson said. "With the new change in the law, it allows us to have up to six."
The Great Dane's Hilldale location celebrated that it can now sell its own beer by holding a post-Prohibition party Saturday. It offered drink specials, a free appetizer buffet and staff dressed in Prohibition-era clothing.
