SB1038,10 Section 10 . 134.65 (5m) of the statutes is amended to read:

SB1038,5,3 134.65 (5m) Any person who knowingly provides materially false information in an application for a cigarette, electronic smoking devices, and tobacco products retailer license under this section may be required to forfeit not more than $1,000.

SB1038,11 Section 11. 134.65 (6) of the statutes is amended to read:

SB1038,5,8 134.65 (6) Any 1st class city may revoke, suspend, or refuse to renew any license issued under this section, as provided in sub. (7) or a 1st class city may enact an ordinance establishing procedures for revoking, suspending, or refusing to renew any license issued under this section.

SB1038,12 Section 12. 134.65 (8) of the statutes is repealed.

SB1038,13 Section 13. 134.65 (9) of the statutes is created to read:

SB1038,5,14 134.65 (9) A city, village, or town may enact and enforce an ordinance regulating persons holding a cigarette, electronic smoking devices, and tobacco products retailer license under this section if the ordinance is at least as stringent as this section.

SB1038,14 Section 14. 134.66 (1) (g) of the statutes is amended to read:

SB1038,5,16 134.66 (1) (g) “Retailer" means any person licensed under s. 134.65 (1) (1d).

SB1038,15 Section 15. 139.75 (1) of the statutes is amended to read:

SB1038,5,20 139.75 (1) “Business" means any trade, occupation, activity or enterprise engaged in for the purpose of selling or distributing tobacco products or vapor products electronic smoking devices in this state.

SB1038,16 Section 16. 139.75 (2) of the statutes is amended to read:

SB1038,5,24 139.75 (2) “Consumer" means any person who has title to or possession of tobacco products or vapor products electronic smoking devices in storage for use or other consumption in this state.

SB1038,17 Section 17. 139.75 (4) (a) of the statutes is amended to read:

SB1038,6,4 139.75 (4) (a) Any person engaged in the business of selling tobacco products or vapor products electronic smoking devices in this state who brings, or causes to be brought, into this state from outside the state any tobacco products or vapor products electronic smoking devices for sale;

SB1038,18 Section 18. 139.75 (4) (b) of the statutes is amended to read:

SB1038,6,8 139.75 (4) (b) Any person who makes, manufactures or fabricates tobacco products or vapor products electronic smoking devices in this state for sale in this state; or

SB1038,19 Section 19. 139.75 (4) (c) of the statutes is amended to read:

SB1038,6,13 139.75 (4) (c) Any person engaged in the business of selling tobacco products or vapor products electronic smoking devices outside this state who ships or transports tobacco products or electronic smoking devices to retailers in this state to be sold by those retailers.

SB1038,20 Section 20. 139.75 (4b) of the statutes is created to read:

SB1038,6,25 139.75 (4b) “Electronic smoking 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 smoking 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 smoking device” does not include a battery or battery charger when sold separately. “Electronic smoking 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.

SB1038,21 Section 21. 139.75 (5) of the statutes is amended to read:

SB1038,7,3 139.75 (5) “Manufacturer" means any person who manufactures and sells tobacco products or vapor products electronic smoking devices.

SB1038,22 Section 22. 139.75 (6) of the statutes is amended to read:

SB1038,7,8 139.75 (6) “Place of business" means any place where tobacco products or vapor products electronic smoking devices are sold, manufactured, stored, or kept for the purpose of sale or consumption, including any vessel, vehicle, airplane, train, or vending machine.

SB1038,23 Section 23. 139.75 (7) of the statutes is amended to read:

SB1038,7,11 139.75 (7) “Retail outlet" means each place of business from which tobacco products or vapor products electronic smoking devices are sold to consumers.

SB1038,24 Section 24. 139.75 (8) of the statutes is amended to read:

SB1038,7,15 139.75 (8) “Retailer" means any person engaged in the business of selling tobacco products or vapor products electronic smoking devices to ultimate consumers.