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LRB-4230/1
MCP:ahe
2015 - 2016 LEGISLATURE
January 8, 2016 - Introduced by Senators Darling, Harris Dodd, Carpenter and
Kapenga, cosponsored by Representatives Goyke, J. Ott, Jacque,
Skowronski, Macco, Rodriguez, Zepnick, Brostoff, Sinicki, Johnson, Kahl,
Ohnstad, Riemer, Wachs, Barnes, Bowen and Hutton. Referred to
Committee on Elections and Local Government.
SB528,1,4 1An Act to renumber 134.65 (1); to amend 134.65 (1m), 134.66 (1) (g) and 134.66
2(3) (intro.); and to create 134.65 (1d) and 134.65 (6) and (7) of the statutes;
3relating to: suspending, revoking, or refusing to renew cigarette and tobacco
4products retailer licenses.
Analysis by the Legislative Reference Bureau
This bill allows a municipality that has issued a cigarette or tobacco products
retailer license to suspend, revoke, or refuse to renew the license under certain
circumstances, and establishes a procedure for doing so.
Under current law, local municipalities issue licenses to retailers to sell
cigarettes or tobacco products. Current law provides that a license is valid for one
year unless sooner revoked. Under current law, a retailer's license is terminated
upon conviction of its second or subsequent violation of selling cigarettes or tobacco
products without a license, if the retailer is found guilty of failing to exercise due care.
Current law also provides that a court must suspend a retailer's license if the court
finds the retailer guilty of two or more violations of certain restrictions relating to
sales to minors within a 12-month period.
This bill allows a municipality to suspend, revoke, or refuse to renew a cigarette
and tobacco products retailer license if the retailer does any of the following: 1)
violates certain restrictions relating to the sale of cigarettes and tobacco; 2) keeps
premises that are disorderly, riotous, indecent, or improper; 3) has failed to maintain
the premises according to sanitation standards; 4) has permitted known criminals
or prostitutes to loiter on the premises; 5) has been convicted of manufacturing,

distributing, or delivering, or possessing with the intent to manufacture, distribute,
or deliver, a controlled substance; or 6) knowingly allows another person on the
licensed premises to manufacture, distribute, or deliver, or possess with the intent
to manufacture, distribute, or deliver, a controlled substance.
Under the bill, a resident or authorized employee of the municipality that
issued the retailer license may file a sworn complaint with the municipal clerk,
alleging one of these grounds for suspension, revocation, or nonrenewal. The person
holding the retailer license is then entitled to a hearing before the municipal
governing body. The municipal governing body must find the allegations of the
complaint to be true and find that there are sufficient grounds for suspension,
revocation, or nonrenewal before suspending, revoking, or refusing to renew the
license. If a retailer's license is revoked following a hearing, the retailer may not
obtain another such license for 12 months. The municipal governing body's decision
to suspend, revoke, or not renew a license, or its decision not to act, may be reviewed
by the circuit court for the county in which the license was issued.
Under current law, it is a defense to any prosecution for selling cigarettes or
tobacco products to a minor if the retailer can show that the purchaser falsely
represented that he or she was at least 18 years of age, presented an identification
card, and appeared to be at least 18, and that the sale was made in good faith. The
bill provides that this is also a defense to a complaint, made under the procedures
described in this bill, that alleges the retailer sold cigarettes or tobacco products to
a minor.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB528,1 1Section 1. 134.65 (1) of the statutes is renumbered 134.65 (1h).
SB528,2 2Section 2. 134.65 (1d) of the statutes is created to read:
SB528,2,33 134.65 (1d) In this section, "municipality" means a city, village, or town.
SB528,3 4Section 3. 134.65 (1m) of the statutes is amended to read:
SB528,2,85 134.65 (1m) A city, village, or town clerk may not issue a license under sub. (1)
6(1h) unless the applicant specifies in the license application whether the applicant
7will sell, exchange, barter, dispose of, or give away the cigarette or tobacco products
8over the counter or in a vending machine, or both.
SB528,4 9Section 4. 134.65 (6) and (7) of the statutes are created to read:
SB528,3,2
1134.65 (6) Any municipality may revoke, suspend, or refuse to renew any
2license issued under this section, as provided in sub. (7).
SB528,3,6 3(7) (a) Any resident or duly authorized employee of a municipality issuing
4licenses under this section may file a sworn written complaint with the clerk of the
5municipality alleging one or more of the following about a person holding a license
6issued under this section by the municipality:
SB528,3,87 1. The person has violated s. 134.66 (2) (a), (am), (cm), or (e), or a municipal
8ordinance adopted under s. 134.66 (5).
SB528,3,99 2. The person's premises are disorderly, riotous, indecent, or improper.
SB528,3,1110 3. The person has failed to maintain the premises in accordance with the
11standards of sanitation prescribed by the department of health services.
SB528,3,1312 4. The person has permitted known criminals or prostitutes to loiter on the
13licensed premises.
SB528,3,1414 5. The person has been convicted of any of the following:
SB528,3,1615 a. Manufacturing, distributing, or delivering a controlled substance or
16controlled substance analog under s. 961.41 (1).
SB528,3,1817 b. Possessing with intent to manufacture, distribute, or deliver, a controlled
18substance or controlled substance analog under s. 961.41 (1m).
SB528,3,2219 c. Possessing with intent to manufacture, distribute, or deliver, or
20manufacturing, distributing, or delivering a controlled substance or controlled
21substance analog under a substantially similar federal law or a substantially similar
22law of another state.
SB528,3,2523 d. Possessing any of the materials listed in s. 961.65 with intent to manufacture
24methamphetamine under that section or under a federal law or a law of another state
25that is substantially similar to s. 961.65.
SB528,4,2
16. The person knowingly allows another person who is on the licensed premises
2to do any of the actions described in subd. 5.
SB528,4,11 3(b) Upon the filing of the complaint, the municipal governing body shall issue
4a summons, signed by the clerk and directed to any peace officer in the municipality.
5The summons shall command the person complained of to appear before the
6municipal governing body on a day and place named in the summons, not less than
73 days and not more than 10 days from the date of issuance, and show cause why his
8or her license should not be revoked, suspended, or not renewed. The summons and
9a copy of the complaint shall be served on the person complained of at least 3 days
10before the date on which the person is commanded to appear. Service shall be in the
11manner provided in ch. 801 for service in civil actions in circuit court.
SB528,4,1612 (c) 1. If the person does not appear as required by the summons, the allegations
13of the complaint shall be taken as true, and if the municipal governing body finds the
14allegations to be sufficient grounds for revocation or nonrenewal, the license shall
15be revoked or not renewed. The municipal clerk shall give notice of the revocation
16or nonrenewal to the person whose license is revoked or not renewed.
SB528,4,2517 2. If the person appears as required by the summons and answers the
18complaint, both the complainant and the person complained of may produce
19witnesses, cross-examine witnesses, and be represented by counsel. The person
20complained of shall be provided a written transcript of the hearing at his or her
21expense. If upon the hearing the municipal governing body finds the allegations of
22the complaint to be true, and if the municipal governing body finds the allegations
23to be sufficient grounds for suspension, revocation, or nonrenewal, the license shall
24be suspended for not less than 10 days nor more than 90 days, revoked, or not
25renewed.
SB528,5,2
13. The municipal clerk shall give notice of each suspension, revocation, or
2nonrenewal to the person whose license is suspended, revoked, or not renewed.
SB528,5,83 4. If the municipal governing body finds the allegations of the complaint to be
4untrue, the complaint shall be dismissed without cost to the person complained of.
5If the municipal governing body finds the complaint to be malicious and without
6probable cause, the costs shall be paid by the complainant. The municipal governing
7body may require the complainant to provide security for such costs before issuing
8the summons under par. (b).
SB528,5,139 (d) When a license is revoked under this subsection, the revocation shall be
10recorded by the municipal clerk and no other license may be issued under this section
11to the person whose license was revoked within the 12 months after the date of
12revocation. No part of the fee paid for any license that is revoked under this
13subsection may be refunded.
SB528,6,514 (e) The action of any municipal governing body in suspending, revoking, or not
15renewing any license under this subsection, or the failure of any municipal governing
16body to suspend, revoke, or not renew any license under this subsection for good
17cause, may be reviewed by the circuit court for the county in which the license was
18issued, upon the request of any applicant, licensee, or resident of the municipality.
19The procedure on review shall be the same as in civil actions instituted in the circuit
20court. The person desiring review shall file pleadings, which shall be served on the
21municipal governing body in the manner provided in ch. 801 for service in civil
22actions and a copy of the pleadings shall be served on the applicant or licensee. The
23municipal governing body, applicant, or licensee shall have 20 days to file an answer
24to the complaint. Following filing of the answer, the matter shall be deemed at issue
25and hearing may be had within 5 days, upon due notice served upon the opposing

1party. The hearing shall be before the court without a jury. Subpoenas for witnesses
2may be issued and their attendance compelled. The findings and order of the court
3shall be filed within 10 days after the hearing and a copy of the findings and order
4shall be transmitted to each of the parties. The order shall be final unless appeal is
5taken to the court of appeals.
SB528,5 6Section 5. 134.66 (1) (g) of the statutes is amended to read:
SB528,6,77 134.66 (1) (g) "Retailer" means any person licensed under s. 134.65 (1) (1h).
SB528,6 8Section 6. 134.66 (3) (intro.) of the statutes is amended to read:
SB528,6,149 134.66 (3) Defense; sale to minor. (intro.) Proof of all of the following facts
10by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or
11independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber,
12or an agent or employee of an independent contractor who sells cigarettes or tobacco
13products to a person under the age of 18 is a defense to any prosecution , or a
14complaint made under s. 134.65 (7),
for a violation of sub. (2) (a):
SB528,6,1515 (End)
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