73,26kmSection 26km. 125.69 (9) of the statutes is created to read:
125.69 (9) Providing taste samples on retail premises. (a) Subject to par. (e), with the consent of the “Class A,” “Class B,” or “Class C” licensee, a winery, manufacturer, or rectifier may provide, free of charge, on “Class A,” “Class B,” or “Class C” premises, taste samples of intoxicating liquor to any person who has attained the legal drinking age for consumption on the premises between the hours of 11 a.m. and 7 p.m.
(b) A taste sample of wine may not exceed 3 fluid ounces and a person may not receive more than 2 taste samples of wine per day. A taste sample of intoxicating liquor other than wine may not exceed 0.5 fluid ounces and a person may receive not more than one taste sample of such intoxicating liquor per day.
(c) A winery, manufacturer, or rectifier may provide taste samples of any intoxicating liquor purchased from the retail licensee or of any intoxicating liquor the winery, manufacturer, or rectifier produced on premises covered by its winery permit, manufacturer’s permit, or rectifier’s permit and brings to the retail premises, but the winery, manufacturer, or rectifier may not leave at the retail premises any unused intoxicating liquor not purchased from the retail licensee.
(d) Any representative of a manufacturer, rectifier, or winery issued a permit under s. 125.52 or 125.53 may assist the retail licensee in dispensing or serving the taste samples.
(e) This subsection authorizes taste samples only of wine on “Class C” licensed premises.
73,27Section 27. 134.65 (title) of the statutes is amended to read:
134.65 (title) Cigarette, electronic vaping devices, and tobacco products retailer license.
73,28Section 28. 134.65 (1) of the statutes is renumbered 134.65 (1d) and amended to read:
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, electronic vaping devices, 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.
73,29Section 29. 134.65 (1a) of the statutes is created to read:
134.65 (1a) In this section:
(a) “Cigarette” has the meaning given in s. 139.30 (1m).
(b) “Electronic vaping device” means a device that may be used to deliver any aerosolized or vaporized liquid or other substance for inhalation, regardless of whether the liquid or other substance contains nicotine, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic vaping device” includes a component, part, or accessory of the device, and includes a liquid or other substance that may be aerosolized or vaporized by such device, regardless of whether the liquid or other substance contains nicotine. “Electronic vaping device” does not include a battery or battery charger when sold separately. “Electronic vaping device” does not include drugs, devices, or combination products authorized for sale by the U.S. food and drug administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
(c) “Tobacco products” has the meaning given in s. 139.75 (12).
(d) “Vending machine” has the meaning given in s. 139.30 (14).
73,30Section 30. 134.65 (1g) of the statutes is created to read:
134.65 (1g) (a) The department of revenue shall create an application form for licenses issued under sub. (1d). The form shall require all of the following information from an applicant:
1. The applicant’s history relevant to the applicant’s fitness to hold a license under sub. (1d).
2. The kind of license for which the applicant is applying.
3. The premises where cigarettes, electronic vaping devices, or tobacco products will be sold or stored.
4. If the applicant is a corporation, the identity of the corporate officers and agent.
5. If the applicant is a limited liability company, the identity of the company members or managers and agent.
6. The applicant’s trade name, if any.
7. Whether the applicant will sell, exchange, barter, dispose of, or give away the cigarettes, electronic vaping devices, or tobacco products over the counter or in a vending machine, or both.
8. Any other information required by the department of revenue.
(b) The department of revenue shall make the form prepared under this subsection available to all cities, villages, and towns.
(c) An applicant for a license under sub. (1d) shall use the form prepared under this subsection.
(d) An application for a license under sub. (1d) shall be signed by the applicant and the applicant shall submit the application to the clerk of the city, village, or town where the intended place of sale is located.