Minocqua sends Bangstad producer full-service retail sales application to state DOR

Despite zoning and other issues the town of Minocqua and Minocqua Brewing Company owner Kirk Bangstad have had over the course of the past few years in relation to the business’s location on the southwest corner of the intersection of Front Street and Oneida Street, the town board at its July 21 meeting approved by a margin of 4 to 1 Bangstad’s Wisconsin Department of Revenue (DOR) producer full-service retail sales application.

According to the DOR, a business ultimately granted a producer full-service permit by the agency is allowed to “sell fermented malt beverages and intoxicating liquor at retail for on- or off-premises consumption at their production premises and at one or more off-site full-service retail outlets.”

Municipalities don’t issue licenses for full service retail sales outlets but, according to the DOR application for the permit, “municipalities must approve of the outlets.”

“The applicant must forward the municipal approval to the Division of Alcohol Beverages for final granting authority for sales to commence on the premises,” the application states. 

Representing Bangstad at Tuesday’s town board meeting was his attorney, Fred Melms (no association with Melms, Hogan and Francois law firm) and town chairman Mark Hartzheim began the discussion by noting the application was the first of its type that’s been before the town board. 

“It’s less than a year old,” Melms said, referring to the state policy that established the application and its process. 

“Everybody was kind of like ‘Why are we seeing this? What is it?’” Hartzheim said.

“It’s just an application to sell wine,” Melms said. “It doesn’t really effect the beer sales at all.”

“So, what the state is doing for people who have a state brewery license, if they produce a certain number of barrels per year, in this case, 250 barrels, they can apply to the state for authorization to sell beer and wine,” Hartzheim said, summarizing the application.

“Oh, yeah, it would be other ... it would basically be non-Minocqua Brewing Company based beer,” Melms said. 

 “It’s basically a state-issued, in this case, it’s like a Class B license we would issue for beer and wine sales,” Hartzheim said, adding DOR agents had informed the town Bangstad’s application had been filled out correctly and completely “but they wanted it to go in front of the board, the local governing body to get input and they move forward and issue the license.”

Town supervisor Brian Fricke was the first to ask a question of Melms. 

“Is this like ... and again, I don’t know much about this thing, but is this similar to where, like you guys have the brewery, you’re able to do it because, well, theoretically, you brew beer,” he said. “Does this mean you actually have to produce the wine? Like you’re a winery, too, in this thing?”

“No, this effectively allows a brewery to sell products that aren’t their own,” Melms said. “It would allow for the sale of non-Minocqua Brewing Company beer and wine.”

“So, they could sell Coors Light or wine in a box not made by Minocqua Brewing Company,” Hartzheim said, continuing to help provide clarification as to what the application was for and then he asked Melms if wine was being sold at Minocqua Brewing Company now. 

“I’d have to go over there and look,” Melms said.

Interesting question 

Town supervisor Billy Fried asked if the beer and wine products were being sold without the producer full-service retail sales permit. 

“On the website, they are,” Fricke said. 

“So, I think that’s an interesting question,” Melms said. “I don’t know the answer to it at the moment. Has wine been sold before then? Sure. Then again, this is a new statute ... the statute changed less than a year ago, all of the kind of regulatory system changed. Again, I’m not a liquor guy.”

“But there was some legal action taken, I don’t know the specifics of that,” Fried said, referring to the confiscation of beer at the Minocqua Brewery Company in June on the authority of the DOR. “I just want to make sure I’m not looking at something that’s going to give a pass if there’s been some illegal things that were done.”

“This wouldn’t give anything a pass,” Melms said. “This would only effect things moving forward, is my understanding. There was some beer seized, not that long ago. There is kind of an interstate commerce question on that. It’s being litigated right now as to whether or not Minocqua Brewing Company beer is brewed in Illinois or if Minocqua Brewing Company beer is brewed in Wisconsin.”

Regardless, Melms indicated that case has nothing to do with the producer full-service retail sales application before the town board at the meeting. 

Fricke asked if what was being sought was the same as a restaurant wanting to sell beer and wine applying for a liquor license. 

He used the scenarios that would have the town board deny the license had that hypothetical business owner threatened to do something like “shut down a parade.”

Fricke’s mention of a threat to shut down a parade actually wasn’t hypothetical; Bangstad had engaged in a threat to shut down the 2025 Fourth of July parade in Minocqua, prompting a large law enforcement presence all along the parade route that day.  

“I would suggest you couldn’t deny someone for that purpose under the First Amendment but this is ultimately a state license,” Melms said. “Issued by the state and regulated by the state.”

Eventually, after more discussion and clarification regarding the town board’s role in the process, Fried made a motion to approve the application contingent on DOR confirmation of Bangstad’s compliance with his state brewer’s license; ongoing compliance with the business’s conditional use permit through the Oneida County planning and zoning department; no gaming machines or devices and no sales or stocking of intoxicating liquor other than beer or wine.  

His motion was seconded by town supervisor Lance Krolczyk and when Hartzheim called for the vote, Fricke was the lone dissenter, citing Bangstad’s actions before the Minocqua Fourth of July parade in 2025 as his reason. 

“Free speech or not, that is not being a good community member,” he said.

“Excellent choice,” Melms said. “Thank you for putting that on the record.”

Hartzheim said the town would get its portion of the process completed the next day. 

Brian Jopek may be reached via email at [email protected].