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134.65
(1a) In this section:
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(a) “Cigarette” has the meaning given in s. 139.30 (1m).
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(b) “Tobacco products” has the meaning given in s. 139.75 (12).
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(c) “Vapor product” has the meaning given in s. 139.75 (14).
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(d) “Vending machine” has the meaning given in s. 139.30 (14).
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13Section 2234
. 134.65 (1m) of the statutes is amended to read:
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134.65
(1m) A city, village, or town clerk may not issue a license under sub.
(1) 15(1d) unless the applicant specifies in the license application whether the applicant
16will sell, exchange, barter, dispose of, or give away the cigarette
, vapor products, or
17tobacco products over the counter or in a vending machine, or both.
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18Section 2235
. 134.65 (1r) of the statutes is amended to read:
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134.65
(1r) A city, village, or town clerk may not require an applicant's
20signature on an application for a cigarette
, vapor products, and tobacco products
21retailer license to be notarized. If a city, village, town, or any department of this state
22prepares an application form for a cigarette
, vapor products, and tobacco products
23retailer license, the form may not require an applicant's signature on the form to be
24notarized.
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25Section 2236
. 134.65 (4) of the statutes is amended to read:
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1134.65
(4) Every licensed retailer shall keep complete and accurate records of
2all purchases and receipts of cigarettes
, vapor products, and tobacco products. Such
3records shall be preserved on the licensed premises for 2 years in such a manner as
4to insure permanency and accessibility for inspection and shall be subject to
5inspection at all reasonable hours by authorized state and local law enforcement
6officials.
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7Section 2237
. 134.65 (5m) of the statutes is amended to read:
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134.65
(5m) Any person who knowingly provides materially false information
9in an application for a cigarette
, vapor products, and tobacco products retailer license
10under this section may be required to forfeit not more than $1,000.
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11Section 2238
. 134.65 (7) (a) 1. of the statutes is amended to read:
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134.65
(7) (a) 1. The person has violated s. 134.66 (2) (a), (am), (cm),
or (e),
or
13(f), or a municipal ordinance adopted under s. 134.66 (5).
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14Section 2239
. 134.65 (8) of the statutes is amended to read:
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134.65
(8) The uniform licensing of cigarette
, vapor products, and tobacco
16products retailers is a matter of statewide concern. A city, village, or town may adopt
17an ordinance regulating the issuance, suspension, revocation, or renewal of a license
18under this section only if the ordinance strictly conforms to this section. If a city,
19village, or town has in effect on May 1, 2016, an ordinance that does not strictly
20conform to this section, the ordinance does not apply and may not be enforced.
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21Section 2240
. 134.66 (title) of the statutes is amended to read:
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22134.66 (title)
Restrictions on sale or gift of cigarettes or nicotine, vapor,
23or tobacco products.
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24Section 2241
. 134.66 (1) (g) of the statutes is amended to read:
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134.66
(1) (g) “Retailer" means any person licensed under s. 134.65
(1) (1d).
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1Section
2242. 134.66 (1) (jm) of the statutes is created to read:
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134.66
(1) (jm) “Vapor product" has the meaning given in s. 139.75 (14).
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3Section 2243
. 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended
4to read:
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134.66
(2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or
6subjobber, no agent, employee or independent contractor of a retailer, direct
7marketer, manufacturer, distributor, jobber or subjobber and no agent or employee
8of an independent contractor may sell or provide for nominal or no consideration
9cigarettes, nicotine products,
or tobacco products
, or vapor products to any person
10under the age of
18 21, except as provided in s. 254.92 (2) (a). A vending machine
11operator is not liable under this paragraph for the purchase of cigarettes, nicotine
12products,
or tobacco products
, or vapor products from his or her vending machine by
13a person under the age of
18 21 if the vending machine operator was unaware of the
14purchase.
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(am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber,
16no agent, employee or independent contractor of a retailer, direct marketer,
17manufacturer, distributor, jobber or subjobber and no agent or employee of an
18independent contractor may provide for nominal or no consideration cigarettes,
19nicotine products,
or tobacco products
, or vapor products to any person except in a
20place where no person younger than
18 21 years of age is present or permitted to
21enter unless the person who is younger than
18
21 years of age is accompanied by his
22or her parent or guardian or by his or her spouse who has attained the age of
18 21 23years.
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(b) 1. A retailer shall post a sign in areas within his or her premises where
25cigarettes
or, tobacco products
, or vapor products are sold to consumers stating that
1the sale of any cigarette
or, tobacco product
, or vapor product to a person under the
2age of
18 21 is unlawful under this section and s. 254.92.
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2. A vending machine operator shall attach a notice in a conspicuous place on
4the front of his or her vending machines stating that the purchase of any cigarette
5or, tobacco product
, or vapor product by a person under the age of
18
21 is unlawful
6under s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.
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(cm) 1m. A retailer or vending machine operator may not sell cigarettes
or, 8tobacco products
, or vapor product from a vending machine unless the vending
9machine is located in a place where the retailer or vending machine operator ensures
10that no person younger than
18 21 years of age is present or permitted to enter unless
11he or she is accompanied by his or her parent or guardian or by his or her spouse who
12has attained the age of
18 21 years.