AB68-SSA1,2277
6Section 2277
. 134.65 (1) of the statutes is renumbered 134.65 (1d) and
7amended to read:
AB68-SSA1,1031,138
134.65
(1d) No person shall in any manner, or upon any pretense, or by any
9device, directly or indirectly sell, expose for sale, possess with intent to sell,
10exchange, barter, dispose of or give away any cigarettes
, vapor products, or tobacco
11products to any person not holding a license as herein provided or a permit under ss.
12139.30 to 139.41 or 139.79 without first obtaining a license from the clerk of the city,
13village or town wherein such privilege is sought to be exercised.
AB68-SSA1,2278
14Section 2278
. 134.65 (1a) of the statutes is created to read:
AB68-SSA1,1031,1515
134.65
(1a) In this section:
AB68-SSA1,1031,1616
(a) “Cigarette” has the meaning given in s. 139.30 (1m).
AB68-SSA1,1031,1717
(b) “Tobacco products” has the meaning given in s. 139.75 (12).
AB68-SSA1,1031,1818
(c) “Vapor product” has the meaning given in s. 139.75 (14).
AB68-SSA1,1031,1919
(d) “Vending machine” has the meaning given in s. 139.30 (14).
AB68-SSA1,2279
20Section 2279
. 134.65 (1m) of the statutes is amended to read:
AB68-SSA1,1031,2421
134.65
(1m) A city, village, or town clerk may not issue a license under sub.
(1) 22(1d) unless the applicant specifies in the license application whether the applicant
23will sell, exchange, barter, dispose of, or give away the cigarette
, vapor products, or
24tobacco products over the counter or in a vending machine, or both.
AB68-SSA1,2280
25Section 2280
. 134.65 (1r) of the statutes is amended to read:
AB68-SSA1,1032,6
1134.65
(1r) A city, village, or town clerk may not require an applicant's
2signature on an application for a cigarette
, vapor products, and tobacco products
3retailer license to be notarized. If a city, village, town, or any department of this state
4prepares an application form for a cigarette
, vapor products, and tobacco products
5retailer license, the form may not require an applicant's signature on the form to be
6notarized.
AB68-SSA1,2281
7Section 2281
. 134.65 (4) of the statutes is amended to read:
AB68-SSA1,1032,138
134.65
(4) Every licensed retailer shall keep complete and accurate records of
9all purchases and receipts of cigarettes
, vapor products, and tobacco products. Such
10records shall be preserved on the licensed premises for 2 years in such a manner as
11to insure permanency and accessibility for inspection and shall be subject to
12inspection at all reasonable hours by authorized state and local law enforcement
13officials.
AB68-SSA1,2282
14Section 2282
. 134.65 (5m) of the statutes is amended to read:
AB68-SSA1,1032,1715
134.65
(5m) Any person who knowingly provides materially false information
16in an application for a cigarette
, vapor products, and tobacco products retailer license
17under this section may be required to forfeit not more than $1,000.
AB68-SSA1,2283
18Section 2283
. 134.65 (7) (a) 1. of the statutes is amended to read:
AB68-SSA1,1032,2019
134.65
(7) (a) 1. The person has violated s. 134.66 (2) (a), (am), (cm),
or (e),
or
20(f), or a municipal ordinance adopted under s. 134.66 (5).
AB68-SSA1,2284
21Section 2284
. 134.65 (8) of the statutes is amended to read:
AB68-SSA1,1033,222
134.65
(8) The uniform licensing of cigarette
, vapor products, and tobacco
23products retailers is a matter of statewide concern. A city, village, or town may adopt
24an ordinance regulating the issuance, suspension, revocation, or renewal of a license
25under this section only if the ordinance strictly conforms to this section. If a city,
1village, or town has in effect on May 1, 2016, an ordinance that does not strictly
2conform to this section, the ordinance does not apply and may not be enforced.
AB68-SSA1,2285
3Section 2285
. 134.66 (title) of the statutes is amended to read:
AB68-SSA1,1033,5
4134.66 (title)
Restrictions on sale or gift of cigarettes or nicotine, vapor,
5or tobacco products.
AB68-SSA1,2286
6Section
2286. 134.66 (1) (g) of the statutes is amended to read:
AB68-SSA1,1033,77
134.66
(1) (g) “Retailer" means any person licensed under s. 134.65
(1) (1d).
AB68-SSA1,2287
8Section 2287
. 134.66 (1) (jm) of the statutes is created to read:
AB68-SSA1,1033,99
134.66
(1) (jm) “Vapor product" has the meaning given in s. 139.75 (14).
AB68-SSA1,2288
10Section
2288. 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended
11to read:
AB68-SSA1,1033,2112
134.66
(2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or
13subjobber, no agent, employee or independent contractor of a retailer, direct
14marketer, manufacturer, distributor, jobber or subjobber and no agent or employee
15of an independent contractor may sell or provide for nominal or no consideration
16cigarettes, nicotine products,
or tobacco products
, or vapor products to any person
17under the age of
18 21, except as provided in s. 254.92 (2) (a). A vending machine
18operator is not liable under this paragraph for the purchase of cigarettes, nicotine
19products,
or tobacco products
, or vapor products from his or her vending machine by
20a person under the age of
18 21 if the vending machine operator was unaware of the
21purchase.
AB68-SSA1,1034,522
(am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber,
23no agent, employee or independent contractor of a retailer, direct marketer,
24manufacturer, distributor, jobber or subjobber and no agent or employee of an
25independent contractor may provide for nominal or no consideration cigarettes,
1nicotine products,
or tobacco products
, or vapor products to any person except in a
2place where no person younger than
18 21 years of age is present or permitted to
3enter unless the person who is younger than
18
21 years of age is accompanied by his
4or her parent or guardian or by his or her spouse who has attained the age of
18 21 5years.