AB68: Bill Text

AB68,1202,18 121.91 (4) (p) 1. The limit otherwise applicable to a school district under sub. (2m) in any school year is increased by the amount of any reduction to that school district's state aid payment made under s. 118.51 (16) (b) 2. and (c) or (17) (c) 2. or (cm) 2. or s. 118.51 (17) (cm) 2., 2019 stats., in the previous school year for a pupil who was not included in the calculation of the number of pupils enrolled in that school district in the previous school year.

AB68,2218 Section 2218. 125.04 (4) of the statutes is amended to read:

AB68,1203,2 125.04 (4) List of licensees. By July 15 annually, the clerk of a municipality issuing licenses shall mail to the department a list containing the name, address, and trade name of each person holding a license issued by that municipality, other than a manager's or operator's license or a license issued under s. 125.26 (6), the type of license held, and, if the person holding the license is a corporation or limited liability company, the name of the agent appointed under sub. (6). The department shall annually publish this list on the department's Internet site.

AB68,2219 Section 2219. 125.06 (14) of the statutes is created to read:

AB68,1203,9 125.06 (14) Alcohol beverage sales at state fair park. The retail sale of alcohol beverages at the state fair park, by any person approved by the state fair park board by resolution to make such sales, for consumption at the state fair park. The state fair park board may not grant to a person approval under this subsection unless the person meets the qualifications under s. 125.04 (5) (a) 1., 3., 4., and 5., (b), and (c).

AB68,2220 Section 2220 . 125.07 (4) (d) of the statutes is amended to read:

AB68,1203,14 125.07 (4) (d) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB68,2221 Section 2221 . 125.07 (4) (e) 1. of the statutes is amended to read:

AB68,1203,17 125.07 (4) (e) 1. In this paragraph, “defendant" means a person found guilty of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.

AB68,2222 Section 2222 . 125.085 (3) (bt) of the statutes is amended to read:

AB68,1203,22 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB68,2223 Section 2223. 125.29 (3) (j) of the statutes is amended to read:

AB68,1204,3 125.29 (3) (j) The ownership, maintenance, or operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state. A brewer may not make retail sales of fermented malt beverages at the state fair park unless the state fair park board has, by resolution, approved the brewer to make such sales.

AB68,2224 Section 2224. 125.295 (1) (i) of the statutes is amended to read:

AB68,1204,10 125.295 (1) (i) Notwithstanding s. 125.33 (1), the ownership, maintenance, and operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state if the fermented malt beverages have been manufactured by the brewpub. A brewpub may not make retail sales of fermented malt beverages at the state fair park unless the state fair park board has, by resolution, approved the brewpub to make such sales.

AB68,2225 Section 2225. 125.32 (3) (a) of the statutes is amended to read:

AB68,1204,18 125.32 (3) (a) No premises for which a Class “B" license or permit is issued may remain open between the hours of 2 a.m. and 6 a.m., except as provided in this paragraph and par. pars. (c) and (e). On Saturday and Sunday, the closing hours shall be between 2:30 a.m. and 6 a.m. except that, on the Sunday that daylight saving time begins as specified in s. 175.095 (2), the closing hours shall be between 3:30 a.m. and 6 a.m. On January 1 premises operating under a Class “B" license or permit are not required to close.

AB68,2226 Section 2226. 125.32 (3) (c) of the statutes is amended to read:

AB68,1204,25 125.32 (3) (c) Hotels and restaurants the principal business of which is the furnishing of food and lodging to patrons, bowling centers, movie theaters, painting studios, indoor golf and baseball facilities, 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 fermented malt beverages during the hours specified in par. (a) or (e).

AB68,2227 Section 2227. 125.32 (3) (e) of the statutes is created to read:

AB68,1205,14 125.32 (3) (e) A municipality may, by ordinance enacted by at least a two-thirds vote of the municipality's governing body, designate a special event lasting fewer than 8 consecutive days during which special closing hours apply to premises holding a special event permit for the event issued by the municipality. During a special event designated under this paragraph, the closing hours for premises holding a special event permit and operating under a Class “B” license shall be between 4 a.m. and 6 a.m. Notwithstanding par. (d), a municipality may, by ordinance, impose more restrictive hours during a special event than those provided in this paragraph, but may not impose more restrictive hours than those specified in par. (a) or (c). 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 paragraph. Moneys collected for special event permits under this paragraph shall be used for purposes related to the special event.

AB68,2228 Section 2228. 125.68 (4) (c) 1. of the statutes is amended to read:

AB68,1205,24 125.68 (4) (c) 1. Subject to subds. 3. and 6. and s. 125.51 (3r) (a) 3., no premises for which a “Class B" license or permit or a “Class C" license has been issued may remain open between the hours of 2 a.m. and 6 a.m., except as otherwise provided in this subdivision and subd. subds. 4. and 7. On January 1 premises operating under a “Class B" license or permit are not required to close. On Saturday and Sunday, no premises may remain open between 2:30 a.m. and 6 a.m. except that, on the Sunday that daylight saving time begins as specified in s. 175.095 (2), no premises may remain open between 3:30 a.m. and 6 a.m. This subdivision does not apply to a “Class B" license issued to a winery under s. 125.51 (3) (am).

AB68,2229 Section 2229. 125.68 (4) (c) 4. of the statutes is amended to read:

AB68,1206,7 125.68 (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.

AB68,2230 Section 2230. 125.68 (4) (c) 7. of the statutes is created to read:

AB68,1206,20 125.68 (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.

AB68,2231 Section 2231 . 134.65 (title) of the statutes is amended to read:

AB68,1206,23 134.65 (title) Cigarette, vapor products, and tobacco products retailer license.

AB68,2232 Section 2232 . 134.65 (1) of the statutes is renumbered 134.65 (1d) and amended to read:

AB68,1207,6 134.65 (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.

AB68,2233 Section 2233 . 134.65 (1a) of the statutes is created to read:

AB68,1207,8 134.65 (1a) In this section:

AB68,1207,9 (a) “Cigarette” has the meaning given in s. 139.30 (1m).

AB68,1207,10 (b) “Tobacco products” has the meaning given in s. 139.75 (12).

AB68,1207,11 (c) “Vapor product” has the meaning given in s. 139.75 (14).

AB68,1207,12 (d) “Vending machine” has the meaning given in s. 139.30 (14).

AB68,2234 Section 2234 . 134.65 (1m) of the statutes is amended to read:

AB68,1207,17 134.65 (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.

AB68,2235 Section 2235 . 134.65 (1r) of the statutes is amended to read:

AB68,1207,24 134.65 (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.

AB68,2236 Section 2236 . 134.65 (4) of the statutes is amended to read:

AB68,1208,6 134.65 (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.

AB68,2237 Section 2237 . 134.65 (5m) of the statutes is amended to read:

AB68,1208,10 134.65 (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.

AB68,2238 Section 2238 . 134.65 (7) (a) 1. of the statutes is amended to read:

AB68,1208,13 134.65 (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).

AB68,2239 Section 2239 . 134.65 (8) of the statutes is amended to read:

AB68,1208,20 134.65 (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.

AB68,2240 Section 2240 . 134.66 (title) of the statutes is amended to read:

AB68,1208,23 134.66 (title) Restrictions on sale or gift of cigarettes or nicotine, vapor, or tobacco products.

AB68,2241 Section 2241. 134.66 (1) (g) of the statutes is amended to read:

AB68,1208,25 134.66 (1) (g) “Retailer" means any person licensed under s. 134.65 (1) (1d).

AB68,2242 Section 2242. 134.66 (1) (jm) of the statutes is created to read:

AB68,1209,2 134.66 (1) (jm) “Vapor product" has the meaning given in s. 139.75 (14).

AB68,2243 Section 2243. 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended to read:

AB68,1209,14 134.66 (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.

AB68,1209,23 (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.

AB68,1210,2 (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.

AB68,1210,6 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.

AB68,1210,12 (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.

AB68,2244 Section 2244. 134.66 (2) (f) of the statutes is created to read:

AB68,1210,17 134.66 (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:

AB68,1210,19 1. Cigarettes, nicotine products, or tobacco products sold from a vending machine.

AB68,1210,23 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.

AB68,1211,4 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.

AB68,2245 Section 2245 . 134.66 (2m) (a) of the statutes is amended to read:

AB68,1211,20 134.66 (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.

AB68,2246 Section 2246. 134.66 (3) of the statutes is amended to read:

AB68,1212,2 134.66 (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):

AB68,1212,4 (a) That the purchaser falsely represented that he or she had attained the age of 18 21 and presented an identification card.

AB68,1212,6 (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.

AB68,1212,9 (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.

AB68,2247 Section 2247. 134.66 (4) (a) 1. of the statutes is amended to read:

AB68,1212,13 134.66 (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).

AB68,2248 Section 2248. 139.30 (10) of the statutes is amended to read:

AB68,1212,16 139.30 (10) “Retailer" has the meaning given in s. 134.66 (1) (g) means any person licensed under s. 134.65 (1d).

AB68,2249 Section 2249 . 139.345 (3) (a) (intro.) of the statutes is amended to read:

AB68,1212,19 139.345 (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:

AB68,2250 Section 2250 . 139.345 (3) (b) 2. of the statutes is amended to read:

AB68,1212,23 139.345 (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.

AB68,2251 Section 2251 . 139.345 (7) (a) of the statutes is amended to read:

AB68,1213,8 139.345 (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.

AB68,2252 Section 2252. 139.44 (4) of the statutes is amended to read:

AB68,1213,13 139.44 (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.

AB68,2253 Section 2253. Subchapter III (title) of chapter 139 [precedes 139.75] of the statutes is amended to read:

AB68,1213,16 CHAPTER 139

AB68,1213,19 SUBCHAPTER III TOBACCO PRODUCTS TAX and vapor products taxes