Amendment ASA2-AB1076

AB1076-ASA2, s. 11 Section 11. 134.66 (1) (k) of the statutes is repealed and recreated to read:

AB1076-ASA2,5,3 134.66 (1) (k) "Tobacco vending machine" is any mechanical device that automatically dispenses cigarettes or tobacco products when money or tokens are deposited in the device in payment for the cigarettes or tobacco products.

AB1076-ASA2, s. 12 Section 12. 134.66 (1) (L) of the statutes is repealed and recreated to read:

AB1076-ASA2,5,9 134.66 (1) (L) "Tobacco vending machine operator" means a person who acquires tobacco products or stamped cigarettes from manufacturers or permittees, stores them and sells them through the medium of tobacco vending machines that he or she owns, operates or services and that are located on premises that are owned or under the control of other persons.

AB1076-ASA2, s. 13 Section 13. 134.66 (2) (a) of the statutes is amended to read:

AB1076-ASA2,5,16 134.66 (2) (a) No retailer, manufacturer or distributor may sell or give cigarettes or tobacco products to any person under the age of 18 a minor, except as provided in s. 48.983 (3). A tobacco vending machine operator is not liable under this paragraph for the purchase of cigarettes or tobacco products from his or her tobacco vending machine by a person under the age of 18 minor if the tobacco vending machine operator was unaware of the purchase.

AB1076-ASA2, s. 14 Section 14. 134.66 (2) (b) 2. of the statutes is amended to read:

AB1076-ASA2,5,22 134.66 (2) (b) 2. A tobacco vending machine operator shall attach a notice in a conspicuous place on the front of his or her tobacco vending machines stating that the purchase of any cigarette or tobacco product by a person under the age of 18 is unlawful under s. 48.983 and that the purchaser is subject to a forfeiture of not to exceed $25 $50.

AB1076-ASA2, s. 15 Section 15. 134.66 (2) (c) 1. (intro.) of the statutes is renumbered 134.66 (2) (c) (intro.) and amended to read:

AB1076-ASA2,6,4 134.66 (2) (c) (intro.) Except as provided in par. (cm), no No retailer may keep a tobacco vending machine in within the premises of any public place that is open to persons under the age of 18 the general public unless all any of the following apply applies:

AB1076-ASA2, s. 16 Section 16. 134.66 (2) (c) 1. a. of the statutes is repealed.

AB1076-ASA2, s. 17 Section 17. 134.66 (2) (c) 1. b. of the statutes is repealed.

AB1076-ASA2, s. 18 Section 18. 134.66 (2) (c) 1m. of the statutes is created to read:

AB1076-ASA2,6,10 134.66 (2) (c) 1m. The tobacco vending machine is in a barroom, as defined in s. 125.51 (3m) (a), located on premises described in a license issued under s. 125.26 or 125.51 (3).

AB1076-ASA2, s. 19 Section 19. 134.66 (2) (c) 2. of the statutes is repealed.

AB1076-ASA2, s. 20 Section 20. 134.66 (2) (c) 2m. of the statutes is created to read:

AB1076-ASA2,6,15 134.66 (2) (c) 2m. The tobacco vending machine is located in a portion of a factory, business, office, club or other establishment to which members of the general public and minors do not have access.

AB1076-ASA2, s. 21 Section 21. 134.66 (2) (c) 3. and 4. of the statutes are repealed.

AB1076-ASA2, s. 22 Section 22. 134.66 (2) (cm) 1. of the statutes is renumbered 134.66 (2) (cm) and amended to read:

AB1076-ASA2,6,20 134.66 (2) (cm) Notwithstanding par. (c), no retailer may place a tobacco vending machine in a school or within 500 feet of a school.

AB1076-ASA2, s. 23 Section 23. 134.66 (2) (cm) 2. and 3. of the statutes are repealed.

AB1076-ASA2, s. 24 Section 24. 134.66 (2) (d) of the statutes is renumbered 134.66 (2) (d) 1. and amended to read:

AB1076-ASA2,7,3 134.66 (2) (d) 1. No Except as provided in subd. 2., no retailer, manufacturer, distributor, jobber, or subjobber or retailer, or their employes or agents, and no employe or agent of a retailer, manufacturer, distributor, jobber or subjobber may provide give away cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.

AB1076-ASA2, s. 25 Section 25. 134.66 (2) (d) 2. of the statutes is created to read:

AB1076-ASA2,7,7 134.66 (2) (d) 2. A retailer, manufacturer, distributor, jobber or subjobber or an employe or agent of a retailer, manufacturer, distributor, jobber or subjobber may give away tobacco products to a person who is at least 18 years of age.

AB1076-ASA2, s. 26 Section 26. 134.66 (3) (intro.) of the statutes is amended to read:

AB1076-ASA2,7,12 134.66 (3) Defense of retailer, manufacturer and distributor. (intro.) Proof of all of the following facts by a retailer, manufacturer or distributor who sells allegedly sold cigarettes or tobacco products to a person under the age of 18 minor is a defense to any prosecution for a violation of sub. (2) (a):

AB1076-ASA2, s. 27 Section 27. 134.66 (3) (a) of the statutes is renumbered 134.66 (3) (am).

AB1076-ASA2, s. 28 Section 28. 134.66 (3) (ab) of the statutes is created to read:

AB1076-ASA2,7,17 134.66 (3) (ab) That the retailer, manufacturer or distributor requested to see an identification card of the purchaser if an ordinary and prudent person would believe that the purchaser had not attained the age of 25.

AB1076-ASA2, s. 29 Section 29. Initial applicability.

AB1076-ASA2,7,23 (1) Penalties for certain violations. The treatment of sections 48.983 (4m) and 134.66 (2) (a), (c) 1. (intro.), 1m. and 2m. and (cm) 1. and (3) (intro.), (a) and (ab) of the statutes, the renumbering and amendment of section 134.66 (2) (d) of the statutes and the creation of section 134.66 (2) (d) 2. of the statutes first apply to violations committed on the effective date of this subsection.

AB1076-ASA2,7,24 (End)