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: