LRB-0810/4
MCP:amn&kjf
2017 - 2018 LEGISLATURE
April 10, 2017 - Introduced by Representatives Mursau, Ballweg, Berceau,
Billings, Born, Bowen, E. Brooks, Considine, Crowley, Doyle, Felzkowski,
Goyke, Hesselbein, Hintz, Jacque, Kolste, Kulp, Loudenbeck, Macco,
Mason, Meyers, Rohrkaste, Spiros, Spreitzer, Steffen, Stuck, Subeck, C.
Taylor
, Tusler, VanderMeer and Anderson, cosponsored by Senators
Harsdorf, Bewley, Carpenter, Hansen, Johnson, Miller, Olsen, Petrowski,
L. Taylor and Wanggaard. Referred to Committee on State Affairs.
AB225,1,3 1An Act to amend 134.65 (7) (a) 1. and 134.66 (4) (a) 1.; and to create 134.66 (2)
2(f) of the statutes; relating to: placement of cigarettes, nicotine products, or
3tobacco products by retailers and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill allows a retailer to 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, such as behind the counter or in
a locked case. The bill's restriction does not apply to 1) cigarettes, nicotine products,
or tobacco products sold in a vending machine; 2) a retail location that generates 90
percent or more of its revenue from sales of cigarettes, nicotine products, or tobacco
products, as long as the retail location prohibits anyone under the age of 18 from
entering without a parent or guardian; or 3) cigars that are placed in a separate,
humidity-controlled room in a retail location if the entrance to the room is visible
from the check-out area and no person under the age of 18 is permitted to enter the
room without a parent or guardian. Current law imposes restrictions on sales from
a vending machine that this bill does not affect.
A retailer who violates the bill's restriction is subject to the same penalties that
apply to violations of other restrictions that apply to retailers of cigarettes or tobacco
products, including 1) a forfeiture of not more than $500, if the retailer has
committed a previous violation within 12 months; 2) a forfeiture of not less than $200
nor more than $500, if the retailer has not committed a previous violation within 12
months; and 3) suspension of the retailer's license for a period of time that depends
on the number of previous violations committed by the retailer.

The bill also allows a first class city, which currently includes only Milwaukee,
to suspend, revoke, or refuse to renew a cigarette and tobacco products retailer
license if the retailer violates the bill's restrictions, by following the complaint and
hearing procedure that exists under current law for certain other violations and
activities.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB225,1 1Section 1. 134.65 (7) (a) 1. of the statutes is amended to read:
AB225,2,32 134.65 (7) (a) 1. The person has violated s. 134.66 (2) (a), (am), (cm), or (e), or
3(f),
or a municipal ordinance adopted under s. 134.66 (5).
AB225,2 4Section 2. 134.66 (2) (f) of the statutes is created to read:
AB225,2,85 134.66 (2) (f) A retailer shall place cigarettes, nicotine products, or tobacco
6products only in locations that are inaccessible to customers without the assistance
7of the retailer or the retailer's employee or agent, including behind the counter or in
8a locked case. This paragraph does not apply to any of the following:
AB225,2,109 1. Cigarettes, nicotine products, or tobacco products sold from a vending
10machine.
AB225,2,1511 2. A retail location that receives 90 percent or more of its revenue from sales
12of cigarettes, nicotine products, or tobacco products, if no person younger than 18
13years of age is permitted to enter the retail location without being accompanied by
14his or her parent or guardian or by his or her spouse who has attained the age of 18
15years.
AB225,3,216 3. Cigars placed in an enclosed room in a retail location if no person younger
17than 18 years of age is permitted to enter the room without being accompanied by
18his or her parent or guardian or by his or her spouse who has attained the age of 18

1years, the room has a separate system for controlling humidity, and the entrance to
2the room is directly visible from the retail location's register or check-out area.
AB225,3 3Section 3. 134.66 (4) (a) 1. of the statutes is amended to read:
AB225,3,64 134.66 (4) (a) 1. In this paragraph, “violation" means a violation of sub. (2) (a),
5(am), (cm), or (e), or (f) or a local ordinance which strictly conforms to sub. (2) (a), (am),
6(cm), or (e), or (f).
AB225,4 7Section 4. Effective date.
AB225,3,98 (1) This act takes effect on the first day of the 7th month beginning after
9publication.
AB225,3,1010 (End)
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