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.