134.59(1)
(1) No person may intentionally hire as a burglar alarm installer a felon who has not been pardoned. Any person engaged in the business of installing burglar alarms may request the department of justice to do a criminal history search on any person whom that person hires or proposes to hire as a burglar alarm installer.
134.59(2)
(2) No person engaged in the business of installing burglar alarms may intentionally allow a felon who has not been pardoned to have access to individual burglar alarm installation records.
134.59(3)
(3) Any person who violates
sub. (1) or
(2) may be required to forfeit not more than $1,000.
134.59 History
History: 1991 a. 216.
134.60
134.60
Cutting or transportation of evergreens. No person may cut for sale in its natural condition and untrimmed, with or without roots, any evergreen or coniferous tree, branch, bough, bush, sapling or shrub, from the lands of another without the written consent of the owner, whether such land is publicly or privately owned. The written consent shall contain the legal description of the land where the tree, branch, bough, bush, sapling or shrub was cut, as well as the name of the legal owner. The written consent or a certified copy of the consent shall be carried by every person in charge of the cutting or removing of the trees, branches, boughs, bushes, saplings or shrubs, and shall be exhibited to any officer of the law, forest ranger, forest patrol officer, conservation warden, or other officer of the department of natural resources at the officer's request at any time. The officer may inspect the trees, branches, boughs, bushes, saplings or shrubs when being transported in any vehicle or other means of conveyance and may investigate to determine whether or not this section has been complied with. The officer may stop any vehicle or means of conveyance found carrying any trees, branches, boughs, bushes, saplings or shrubs upon any public highway of this state for the purpose of making such inspection and investigation, and may seize and hold, subject to the order of the court, any such trees, bushes, saplings or shrubs found being cut, removed or transported in violation of this section. No person may ship or transport any such trees, bushes, saplings or shrubs outside the county where they were cut unless the person attaches to the outside of each package, box, bale, truckload or carload shipped a tag or label on which appears the person's name and address. No common carrier or truck hauler may receive for shipment or transportation any such trees, bushes, saplings or shrubs unless the tag or label is attached. Any person who violates this section shall be fined not less than $10 nor more than $100. Any person who signs any such written consent or certified copy under this section who is not authorized to do so, and any person who lends or transfers or offers to lend or transfer any such written consent or certified copy to another person who is not entitled to use it, and any person not entitled to use any such written consent or certified copy, or who borrows, receives or solicits from another any such written consent or certified copy thereof shall be fined not less than $100 nor more than $500.
134.60 Cross-reference
Cross-reference: See s.
23.50 concerning enforcement procedure.
134.65
134.65
Cigarette and tobacco products retailer license. 134.65(1)(1) No person shall in any manner, or upon any pretense, or by any device, directly or indirectly sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away any cigarettes or tobacco products to any person not holding a license as herein provided or a permit under
ss. 139.30 to
139.41 or
139.79 without first obtaining a license from the clerk of the city, village or town wherein such privilege is sought to be exercised.
134.65(2)(a)(a) Except as provided in
par. (b), upon filing of a proper written application a license shall be issued on July 1 of each year or when applied for and continue in force until the following June 30 unless sooner revoked. The fee for the license is $5 which shall be paid to the city, village or town treasurer before the license is issued.
134.65(2)(b)
(b) In any municipality electing to come under this paragraph, upon filing of a proper written application a license shall be issued and continue in force for one year from the date of issuance unless sooner revoked. The fee for the license is $5 which shall be paid to the city, village or town treasurer before the license is issued.
134.65(3)
(3) Each such license shall name the licensee and specifically describe the premises where such business is to be conducted. Such licenses shall not be transferable from one person to another nor from one premises to another.
134.65(4)
(4) Every licensed retailer shall keep complete and accurate records of all purchases and receipts of cigarettes and tobacco products. Such records shall be preserved on the licensed premises for 2 years in such a manner as to insure permanency and accessibility for inspection and shall be subject to inspection at all reasonable hours by authorized state and local law enforcement officials.
134.65(5)
(5) Any person violating this section shall be fined not more than $100 nor less than $25 for the first offense and not more than $200 nor less than $25 for the 2nd or subsequent offense. If upon such 2nd or subsequent violation, the person so violating this section was personally guilty of a failure to exercise due care to prevent violation thereof, the person shall be fined not more than $300 nor less than $25 or imprisoned not exceeding 60 days or both. Conviction shall immediately terminate the license of the person convicted of being personally guilty of such failure to exercise due care and the person shall not be entitled to another license hereunder for a period of 5 years thereafter, nor shall the person in that period act as the servant or agent of a person licensed hereunder for the performance of the acts authorized by such license.
134.66
134.66
Restrictions on sale or gift of cigarettes or tobacco products. 134.66(1)(c)
(c) "Identification card" means any of the following:
134.66(2)(a)(a) No retailer, manufacturer or distributor may sell or give cigarettes or tobacco products to any person under the age of 18, except as provided in
s. 938.983 (3). A vending machine operator is not liable under this paragraph for the purchase of cigarettes or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.
134.66(2)(b)1.1. A retailer shall post a sign in areas within his or her premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under this section and
s. 938.983.
134.66(2)(b)2.
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 by a person under the age of 18 is unlawful under
s. 938.983 and that the purchaser is subject to a forfeiture of not to exceed $25.
134.66(2)(c)1.1. Except as provided in
par. (cm), no retailer may keep a vending machine in any public place that is open to persons under the age of 18 unless all of the following apply:
134.66(2)(c)1.a.
a. The vending machine is in a place where it is ordinarily in the immediate vicinity, plain view and control of an employe.
134.66(2)(c)1.b.
b. The vending machine is in a place where it is inaccessible to the public when the premises are closed.
134.66(2)(c)2.
2. The person who ultimately controls, governs or directs the activities within the premises where the vending machine is located shall ensure that an employe of the retailer remains in the immediate vicinity, plain view and control of the vending machine whenever the premises are open.
134.66(2)(c)3.
3. Except as provided in
subd. 4., a vending machine operator shall remove all of his or her vending machines that are located in any place prohibited by this paragraph by June 1, 1992.
134.66(2)(c)4.
4. Notwithstanding
subd. 3., if a written agreement binding on a vending machine operator governs his or her vending machine that is located in any place prohibited by this paragraph, the vending machine operator shall remove the vending machine on the date that the written agreement expires or would be extended or renewed or on May 1, 1993, whichever occurs first.
134.66(2)(cm)1.1. Notwithstanding
par. (c), no retailer may place a vending machine within 500 feet of a school.
134.66(2)(cm)2.
2. Except as provided in
subd. 3., a vending machine operator shall remove all of his or her vending machines which are located within 500 feet of a school by September 1, 1989.
134.66(2)(cm)3.
3. Notwithstanding
subd. 2., if a written agreement binding on a vending machine operator governs the location of his or her vending machine which is located within 500 feet of a school, the vending machine operator shall remove the vending machine on the date that the written agreement expires or would be extended or renewed or on May 1, 1993, whichever occurs first.
134.66(2)(d)
(d) No manufacturer, distributor, jobber, subjobber or retailer, or their employes or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.
134.66(2)(e)
(e) No retailer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under
s. 139.32 (1).
134.66(3)
(3) Defense of retailer, manufacturer and distributor. Proof of all of the following facts by a retailer, manufacturer or distributor who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of
sub. (2) (a):
134.66(3)(a)
(a) That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card.
134.66(3)(b)
(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.
134.66(3)(c)
(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.
134.66(4)(a)2.
2. A person who commits a violation is subject to a forfeiture of:
134.66(4)(a)2.a.
a. Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or
134.66(4)(a)2.b.
b. Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
134.66(4)(a)3.a.
a. Not more than 3 days, if the court finds that the person committed a violation within 12 months after committing one previous violation;
134.66(4)(a)3.b.
b. Not less than 3 days nor more than 10 days, if the court finds that the person committed a violation within 12 months after committing 2 other violations; or
134.66(4)(a)3.c.
c. Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing 3 or more other violations.
134.66(4)(a)4.
4. The court shall promptly mail notice of a suspension under
subd. 3. to the department of revenue and to the clerk of each municipality which has issued a license or permit to the person.
134.66(5)
(5) Local ordinance. A county, town, village or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section. A county ordinance adopted under this subsection does not apply within any town, village or city that has adopted or adopts an ordinance under this subsection.
134.66 Annotation
The state regulatory scheme for tobacco sales preempts municipalities from adopting regulations which are not in strict conformity with those of the state. U.S. Oil, Inc. v. City of Fond du Lac, 199 W (2d) 333, 544 NW (2d) 589 (Ct. App. 1995).
134.67
134.67
Distribution and sale of DDT prohibited. No person shall distribute, sell, offer for sale or use the chemical compound DDT (dichlorodiphenyltrichloroethane) or any of its isomers except as provided in this section. In
sub. (2) "DDT" includes compounds isomeric with DDT.
134.67(2)(a)(a) In the event of the outbreak of an epidemic disease of humans or animals spread by insects which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the pesticide review board may authorize the use of DDT in controlling the epidemic upon a finding that:
134.67(2)(a)1.
1. A serious epidemic disease of humans or animals exists;
134.67(2)(a)2.
2. The disease is likely to spread rapidly unless insects which spread the disease are controlled; and
134.67(2)(b)
(b) In the event of the outbreak of a plant disease of epidemic proportions which threatens a significant portion of the affected crop and which is caused or spread by an insect which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the pesticide review board may authorize the use of DDT in controlling the epidemic upon a finding that:
134.67(2)(b)2.
2. The disease threatens a significant portion of the affected crop; and
134.67(2)(c)
(c) The pesticide review board also may authorize the use of DDT or its isomers or metabolites for specified research by educational institutions if it finds that no ecologically significant residues of DDT or its isomers or metabolites will be allowed to escape into the environment.
134.67 History
History: 1971 c. 40 s.
93;
1977 c. 203.
134.68
134.68
Dating service contracts. 134.68(1)
(1) In this section, "dating service" means a service that purports to assist a person in obtaining friendship or companionship through a program in which a person is provided an opportunity to meet other persons.
134.68(2)
(2) The seller of dating services shall give the buyer a copy of the written contract at the time that the buyer signs the contract.
