Amendment SSA1-AB68

AB68-SSA1,1030,13 125.68 (4) (c) 4. Hotels and restaurants the principal business of which is the furnishing of food, drinks or lodging to patrons, bowling centers, movie theaters, painting studios, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell intoxicating liquor during the closing hours under subd. 1. or 7. or, with respect to the sale of intoxicating liquor authorized under s. 125.51 (3r) (a), under subd. 3.

AB68-SSA1,2275 Section 2275. 125.68 (4) (c) 7. of the statutes is created to read:

AB68-SSA1,1031,2 125.68 (4) (c) 7. A municipality may by ordinance designate a special event lasting fewer than 8 consecutive days during which special closing hours apply to premises holding a special event permit issued by the municipality for the event. During a special event designated under this subdivision, the closing hours for premises holding a special event permit and operating under a “Class B” or “Class C” license shall be between 4 a.m. and 6 a.m. Notwithstanding subd. 5., a municipality may, by ordinance, impose more restrictive hours during a special event than those provided in this subdivision, but may not impose more restrictive hours than those specified in subd. 1. or 3. A municipality may not designate more than 4 special events in a calendar year. A municipality may charge a fee for a special event permit under this subdivision. Moneys collected for special event permits under this subdivision shall be used for purposes related to the special event.

AB68-SSA1,2276 Section 2276 . 134.65 (title) of the statutes is amended to read:

AB68-SSA1,1031,5 134.65 (title) Cigarette, vapor products, and tobacco products retailer license.

AB68-SSA1,2277 Section 2277 . 134.65 (1) of the statutes is renumbered 134.65 (1d) and amended to read:

AB68-SSA1,1031,13 134.65 (1d) No person shall in any manner, or upon any pretense, or by any device, directly or indirectly sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away any cigarettes, vapor products, or tobacco products to any person not holding a license as herein provided or a permit under ss. 139.30 to 139.41 or 139.79 without first obtaining a license from the clerk of the city, village or town wherein such privilege is sought to be exercised.

AB68-SSA1,2278 Section 2278 . 134.65 (1a) of the statutes is created to read:

AB68-SSA1,1031,15 134.65 (1a) In this section:

AB68-SSA1,1031,16 (a) “Cigarette” has the meaning given in s. 139.30 (1m).

AB68-SSA1,1031,17 (b) “Tobacco products” has the meaning given in s. 139.75 (12).

AB68-SSA1,1031,18 (c) “Vapor product” has the meaning given in s. 139.75 (14).

AB68-SSA1,1031,19 (d) “Vending machine” has the meaning given in s. 139.30 (14).

AB68-SSA1,2279 Section 2279 . 134.65 (1m) of the statutes is amended to read:

AB68-SSA1,1031,24 134.65 (1m) A city, village, or town clerk may not issue a license under sub. (1) (1d) unless the applicant specifies in the license application whether the applicant will sell, exchange, barter, dispose of, or give away the cigarette , vapor products, or tobacco products over the counter or in a vending machine, or both.

AB68-SSA1,2280 Section 2280 . 134.65 (1r) of the statutes is amended to read:

AB68-SSA1,1032,6 134.65 (1r) A city, village, or town clerk may not require an applicant's signature on an application for a cigarette, vapor products, and tobacco products retailer license to be notarized. If a city, village, town, or any department of this state prepares an application form for a cigarette, vapor products, and tobacco products retailer license, the form may not require an applicant's signature on the form to be notarized.

AB68-SSA1,2281 Section 2281 . 134.65 (4) of the statutes is amended to read:

AB68-SSA1,1032,13 134.65 (4) Every licensed retailer shall keep complete and accurate records of all purchases and receipts of cigarettes, vapor products, and tobacco products. Such records shall be preserved on the licensed premises for 2 years in such a manner as to insure permanency and accessibility for inspection and shall be subject to inspection at all reasonable hours by authorized state and local law enforcement officials.

AB68-SSA1,2282 Section 2282 . 134.65 (5m) of the statutes is amended to read:

AB68-SSA1,1032,17 134.65 (5m) Any person who knowingly provides materially false information in an application for a cigarette, vapor products, and tobacco products retailer license under this section may be required to forfeit not more than $1,000.

AB68-SSA1,2283 Section 2283 . 134.65 (7) (a) 1. of the statutes is amended to read:

AB68-SSA1,1032,20 134.65 (7) (a) 1. The person has violated s. 134.66 (2) (a), (am), (cm), or (e), or (f), or a municipal ordinance adopted under s. 134.66 (5).

AB68-SSA1,2284 Section 2284 . 134.65 (8) of the statutes is amended to read:

AB68-SSA1,1033,2 134.65 (8) The uniform licensing of cigarette, vapor products, and tobacco products retailers is a matter of statewide concern. A city, village, or town may adopt an ordinance regulating the issuance, suspension, revocation, or renewal of a license under this section only if the ordinance strictly conforms to this section. If a city, village, or town has in effect on May 1, 2016, an ordinance that does not strictly conform to this section, the ordinance does not apply and may not be enforced.

AB68-SSA1,2285 Section 2285 . 134.66 (title) of the statutes is amended to read:

AB68-SSA1,1033,5 134.66 (title) Restrictions on sale or gift of cigarettes or nicotine, vapor, or tobacco products.

AB68-SSA1,2286 Section 2286. 134.66 (1) (g) of the statutes is amended to read:

AB68-SSA1,1033,7 134.66 (1) (g) “Retailer" means any person licensed under s. 134.65 (1) (1d).

AB68-SSA1,2287 Section 2287 . 134.66 (1) (jm) of the statutes is created to read:

AB68-SSA1,1033,9 134.66 (1) (jm) “Vapor product" has the meaning given in s. 139.75 (14).

AB68-SSA1,2288 Section 2288. 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended to read:

AB68-SSA1,1033,21 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes, nicotine products, or tobacco products , or vapor products to any person under the age of 18 21, except as provided in s. 254.92 (2) (a). A vending machine operator is not liable under this paragraph for the purchase of cigarettes, nicotine products, or tobacco products, or vapor products from his or her vending machine by a person under the age of 18 21 if the vending machine operator was unaware of the purchase.

AB68-SSA1,1034,5 (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes, nicotine products, or tobacco products , or vapor products to any person except in a place where no person younger than 18 21 years of age is present or permitted to enter unless the person who is younger than 18 21 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 21 years.

AB68-SSA1,1034,9 (b) 1. A retailer shall post a sign in areas within his or her premises where cigarettes or, tobacco products , or vapor products are sold to consumers stating that the sale of any cigarette or, tobacco product, or vapor product to a person under the age of 18 21 is unlawful under this section and s. 254.92.

AB68-SSA1,1034,13 2. A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette or, tobacco product, or vapor product by a person under the age of 18 21 is unlawful under s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.

AB68-SSA1,1034,19 (cm) 1m. A retailer or vending machine operator may not sell cigarettes or, tobacco products, or vapor product from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 21 years of age is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 21 years.

AB68-SSA1,2289 Section 2289. 134.66 (2) (f) of the statutes is created to read:

AB68-SSA1,1034,24 134.66 (2) (f) A retailer shall place cigarettes, nicotine products, or tobacco products only in locations that are inaccessible to customers without the assistance of the retailer or the retailer's employee or agent, including behind the counter or in a locked case. This paragraph does not apply to any of the following:

AB68-SSA1,1035,2 1. Cigarettes, nicotine products, or tobacco products sold from a vending machine.

AB68-SSA1,1035,6 2. A retail location that receives 75 percent or more of its revenue from sales of cigarettes, nicotine products, or tobacco products, if no person under 21 years of age is permitted to enter the retail location without being accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 21.

AB68-SSA1,1035,12 3. Cigars placed in an enclosed room in a retail location if no person under 21 years of age is permitted to enter the room without being accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 21, the room has a separate system for controlling humidity, and the entrance to the room is directly visible or visible by video surveillance from the retail location's register or check-out area.

AB68-SSA1,2290 Section 2290 . 134.66 (2m) (a) of the statutes is amended to read:

AB68-SSA1,1036,3 134.66 (2m) (a) Except as provided in par. (b), at the time that a retailer hires or contracts with an agent, employee, or independent contractor whose duties will include the sale of cigarettes, vapor products, or tobacco products, the retailer shall provide the agent, employee, or independent contractor with training on compliance with sub. (2) (a) and (am), including training on the penalties under sub. (4) (a) 2. for a violation of sub. (2) (a) or (am). The department of health services shall make available to any retailer on request a training program developed or approved by that department that provides the training required under this paragraph. A retailer may comply with this paragraph by providing the training program developed or approved by the department of health services or by providing a comparable training program approved by that department. At the completion of the training, the retailer and the agent, employee, or independent contractor shall sign a form provided by the department of health services verifying that the agent, employee, or independent contractor has received the training, which the retailer shall retain in the personnel file of the agent, employee, or independent contractor.

AB68-SSA1,2291 Section 2291. 134.66 (3) of the statutes is amended to read:

AB68-SSA1,1036,10 134.66 (3) Defense; sale to minor. Proof of all of the following facts by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, or an agent or employee of an independent contractor who sells cigarettes or, tobacco products, or vapor products to a person under the age of 18 21 is a defense to any prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):

AB68-SSA1,1036,12 (a) That the purchaser falsely represented that he or she had attained the age of 18 21 and presented an identification card.

AB68-SSA1,1036,14 (b) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18 21.

AB68-SSA1,1036,17 (c) That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18 21.

AB68-SSA1,2292 Section 2292. 134.66 (4) (a) 1. of the statutes is amended to read:

AB68-SSA1,1036,21 134.66 (4) (a) 1. In this paragraph, “violation" means a violation of sub. (2) (a), (am), (cm), or (e), or (f) or a local ordinance which strictly conforms to sub. (2) (a), (am), (cm), or (e), or (f).

AB68-SSA1,2293 Section 2293. 139.30 (10) of the statutes is amended to read:

AB68-SSA1,1036,24 139.30 (10) “Retailer" has the meaning given in s. 134.66 (1) (g) means any person licensed under s. 134.65 (1d).

AB68-SSA1,2294 Section 2294 . 139.345 (3) (a) (intro.) of the statutes is amended to read:

AB68-SSA1,1037,2 139.345 (3) (a) (intro.) Verifies the consumer's name and address and that the consumer is at least 18 21 years of age by any of the following methods:

AB68-SSA1,2295 Section 2295 . 139.345 (3) (b) 2. of the statutes is amended to read:

AB68-SSA1,1037,6 139.345 (3) (b) 2. That the consumer understands that no person who is under 18 21 years of age may purchase or possess cigarettes or falsely represent his or her age for the purpose of receiving cigarettes, as provided under s. 254.92.

AB68-SSA1,2296 Section 2296 . 139.345 (7) (a) of the statutes is amended to read:

AB68-SSA1,1037,15 139.345 (7) (a) No person may deliver a package of cigarettes sold by direct marketing to a consumer in this state unless the person making the delivery receives a government issued identification card from the person receiving the package and verifies that the person receiving the package is at least 18 21 years of age. If the person receiving the package is not the person to whom the package is addressed, the person delivering the package shall have the person receiving the package sign a statement that affirms that the person to whom the package is addressed is at least 18 21 years of age.

AB68-SSA1,2297 Section 2297. 139.44 (4) of the statutes is amended to read:

AB68-SSA1,1037,20 139.44 (4) Any person who refuses to permit the examination or inspection authorized in s. 139.39 (2) or 139.83 (1) may be fined not more than $500 or imprisoned not more than 90 days or both. Such refusal shall be cause for immediate suspension or revocation of permit by the secretary.

AB68-SSA1,2298 Section 2298. Subchapter III (title) of chapter 139 [precedes 139.75] of the statutes is amended to read:

AB68-SSA1,1037,23 CHAPTER 139

AB68-SSA1,1038,3 SUBCHAPTER III TOBACCO PRODUCTS TAX and vapor products taxes

AB68-SSA1,2299 Section 2299 . 139.75 (1m) of the statutes is created to read:

AB68-SSA1,1038,8 139.75 (1m) “Cigar” means a roll, of any size or shape, of tobacco for smoking that is made wholly or in part of tobacco, regardless of whether the tobacco is pure, flavored, adulterated, or mixed with an ingredient if the roll has a wrapper made wholly or in part of tobacco.

AB68-SSA1,2300 Section 2300 . 139.75 (4t) of the statutes is created to read:

AB68-SSA1,1038,11 139.75 (4t) “Little cigar” means a cigar that has an integrated cellulose acetate filter and is wrapped in a substance containing tobacco.

AB68-SSA1,2301 Section 2301 . 139.75 (5b) of the statutes is created to read:

AB68-SSA1,1038,24 139.75 (5b) “Manufacturer's list price" means the total price of tobacco products or vapor products charged by the manufacturer or other seller to an unrelated distributor. The total price shall include all charges by the manufacturer or other seller that are necessary to complete the sale. The total price may not be reduced by any cost or expense, regardless of whether the cost or expense is separately stated on an invoice, that is incurred by the manufacturer or other seller, including fees, delivery, freight, transportation, packaging, handling, marketing, federal excise taxes, and import fees or duties. The total price may not be reduced by the value or cost of discounts or free promotional or sample products. For purposes of this subsection, a manufacturer or other seller is related to a distributor if the two parties have significant common purposes and either substantial common membership or, directly or indirectly, substantial common direction or control.

AB68-SSA1,2302 Section 2302. 139.75 (12) of the statutes is amended to read:

AB68-SSA1,1039,8 139.75 (12) “Tobacco products" means cigars; little cigars, cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco; snuff, including moist snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking; but “tobacco products" does not include cigarettes, as defined under s. 139.30 (1m).

AB68-SSA1,2303 Section 2303. 139.75 (14) of the statutes is renumbered 139.75 (14) (a) and amended to read:

AB68-SSA1,1039,17 139.75 (14) (a) “Vapor product” means a noncombustible product that produces vapor or aerosol for inhalation from the application of a heating element to a liquid or other substance that is depleted as the product is used, regardless of whether the liquid or other substance contains nicotine, which may or may not contain nicotine, that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other substance.

AB68-SSA1,2304 Section 2304. 139.75 (14) (b) and (c) of the statutes are created to read:

AB68-SSA1,1039,19 139.75 (14) (b) “Vapor product” includes all of the following:

AB68-SSA1,1039,21 1. An electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

AB68-SSA1,1039,25 2. Any cartridge or other container of a solution or other substance, which may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

AB68-SSA1,1040,3 (c) “Vapor product” does not include a product regulated as a drug or device under sections 501 to 524A of the federal food, drug, and cosmetic act, 21 USC 351 to 360n-1.

AB68-SSA1,2305 Section 2305. 139.76 (1) of the statutes is amended to read:

AB68-SSA1,1040,24 139.76 (1) An excise tax is imposed upon the sale, offering or exposing for sale, possession with intent to sell or removal for consumption or sale or other disposition for any purpose of tobacco products by any person engaged as a distributor of them at the rate, for tobacco products, not including moist snuff and vapor products little cigars, of 71 percent of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products and, for moist snuff, at the rate of 100 percent of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products. The tax imposed under this subsection on cigars, except little cigars, shall not exceed an amount equal to 50 cents for each cigar. On products imported from another country, not including moist snuff and vapor products, the rate of tax is 71 percent of the amount obtained by adding the manufacturer's list price to the federal tax, duties and transportation costs to the United States. On moist snuff imported from another country, the rate of the tax is 100 percent of the amount obtained by adding the manufacturer's list price to the federal tax, duties, and transportation costs to the United States. The tax attaches at the time the tobacco products are received by the distributor in this state. The tax shall be passed on to the ultimate consumer of the tobacco products. All tobacco products received in this state for sale or distribution within this state, except tobacco products actually sold as provided in sub. (2), shall be subject to such tax.

AB68-SSA1,2306 Section 2306 . 139.76 (1b) of the statutes is created to read:

AB68-SSA1,1041,7 139.76 (1b) The tax under sub. (1) is imposed on little cigars at the rate of 126 mills on each little cigar, regardless of weight. To evidence payment of the tax imposed under this section on little cigars, the department shall provide stamps. A person who has paid the tax shall affix stamps of the proper denomination to each package in which little cigars are packed, prior to the first sale within this state. Section 139.32 as it applies to the tax under s. 139.31 applies to the tax imposed under this section on little cigars.

AB68-SSA1,2307 Section 2307. 139.76 (1m) of the statutes is amended to read:

AB68-SSA1,1041,18 139.76 (1m) An excise tax is imposed upon the sale, offering or exposing for sale, possession with intent to sell or removal for consumption or sale or other disposition for any purpose of vapor products by any person engaged as a distributor of them at the rate of 5 cents per milliliter of the liquid or other substance based on the volume as listed by the manufacturer and at a proportionate rate for any other quantity or fractional part thereof 71 percent of the manufacturer's list price. The tax attaches at the time the vapor products are received by the distributor in this state. The tax shall be passed on to the ultimate consumer of the vapor products. All vapor products received in this state for sale or distribution within this state, except those actually sold as provided in sub. (2), shall be subject to such tax.

AB68-SSA1,2308 Section 2308. 139.77 (1) of the statutes is amended to read:

AB68-SSA1,1042,4 139.77 (1) On or before the 15th day of each month, every distributor with a place of business in this state shall file a return showing the quantity , including milliliters in the case of a vapor product, and taxable price of each tobacco product or vapor product brought, or caused to be brought, into this state for sale; or made, manufactured or fabricated in this state for sale in this state, during the preceding month. Every distributor outside this state shall file a return showing the quantity, including milliliters in the case of a vapor product, and taxable price of each tobacco product or vapor product shipped or transported to retailers in this state to be sold by those retailers during the preceding month. At the time that the return is filed, the distributor shall pay the tax.

AB68-SSA1,2309 Section 2309. 139.78 (1) of the statutes is amended to read:

AB68-SSA1,1042,15 139.78 (1) A tax is imposed upon the use or storage by consumers of tobacco products in this state at the rate, for tobacco products, not including moist snuff and vapor products little cigars, of 71 percent of the cost of the tobacco products manufacturer's list price and, for moist snuff, at the rate of 100 percent of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products. The tax imposed under this subsection on cigars, except little cigars, shall not exceed an amount equal to 50 cents for each cigar. The tax does not apply if the tax imposed by s. 139.76 (1) on the tobacco products has been paid or if the tobacco products are exempt from the tobacco products tax under s. 139.76 (2).