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.
134.68(3)
(3) Every contract for a dating service shall contain all of the following:
134.68(3)(a)
(a) A caption printed in boldface, uppercase type of not less than 10-point size entitled "CANCELLATION AND REFUNDS".
134.68(3)(b)
(b) A provision under the caption stating: "Right to Cancel. You are permitted to cancel this contract until midnight of the 3rd day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying.... (the seller) by any writing mailed or delivered to.... (the seller) at the address shown on the contract, within the previously described time period. If you do so cancel, any payments made by you will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by.... (the seller) and arrangements will be made to relieve you of any further obligation to pay the same."
134.68(4)
(4) Every contract for dating services shall be for a specified length of time not exceeding 2 years and shall clearly disclose the full price of the buyer's contractual obligation including any interest or other charges.
134.68(5)(a)(a) No person may collect or by contract require a buyer to pay more than $100 for dating services before the buyer receives or has the opportunity to receive those services unless the person selling dating services establishes proof of financial responsibility by maintaining any of the following commitments approved by the department of agriculture, trade and consumer protection in an amount not less than $25,000:
134.68(5)(b)
(b) The commitment described in
par. (a) shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under the contractual provision described in
sub. (3). The person selling dating services shall file with the department of agriculture, trade and consumer protection any agreement, instrument or other document necessary to enforce the commitment against the person selling dating services or any relevant 3rd party, or both.
134.68(6)
(6) Any contract for a dating service is unenforceable against the buyer and is a violation of this section if the contract does not comply with the requirements of this section or the seller fails to perform in accordance with the contractual provisions required under this section.
134.68(7)(a)(a) The department of agriculture, trade and consumer protection or any district attorney may on behalf of the state:
134.68(7)(a)1.
1. Bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this section. The court may in its discretion, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of violations of this section if proof of such loss is submitted to the satisfaction of the court.
134.68(7)(a)2.
2. Bring an action in any court of competent jurisdiction for the recovery of civil forfeitures against any person who violates this section in an amount not less than $100 nor more than $10,000 for each violation.
134.68(7)(b)
(b) The department may bring an action in circuit court to recover on a financial commitment maintained under
sub. (5) against a person selling dating services or relevant 3rd party, or both, on behalf of any buyer who does not receive a refund due under the contractual provision described in
sub. (3).
134.68(7)(c)
(c) Any person injured by a breach of a contract for dating services may bring a civil action to recover damages together with costs and disbursements, including reasonable attorney fees, and such other equitable relief as may be determined by the court.
134.68 History
History: 1993 a. 390;
1995 a. 27.
134.69
134.69
Peddling finger alphabet cards prohibited. No person in this state may engage in the business of peddling finger alphabet cards or printed matter stating that the person is deaf, or use finger alphabet cards or such printed matter or masquerade as a deaf person in any way as a means of inducement in the sale of merchandise. No state or local license may be issued to any person for the purpose of peddling finger alphabet cards or printed matter stating that the person is deaf or masquerading as a deaf person. Any person who peddles or uses finger alphabet cards or such printed matter, or masquerades as a deaf person in any way as a means of inducement in the sale of merchandise in this state and any person who issues any state or local license for that purpose may be imprisoned not more than 90 days or fined not less than $25 nor more than $100 or both.
134.69 History
History: 1977 c. 29 s.
1503; Stats. 1977 s. 134.69.
134.70
134.70
Fitness center and weight reduction center contracts. 134.70(1)(ag)
(ag) "Center" means a fitness center or a weight reduction center.
134.70(1)(b)
(b) "Contract for center services" or "contract" means any of the following:
134.70(1)(b)2.
2. A contract for instruction, training, assistance or use of facilities primarily for physical exercise, in weight control, or in figure development.
134.70(1)(b)3.
3. A contract for instruction, supervision or counseling for diet or weight loss or maintenance.
134.70(1)(c)
(c) "Fitness center" means an establishment that, for profit, provides as its primary purpose services or facilities that are purported to assist patrons in physical exercise, in weight control, or in figure development, including but not limited to a fitness center, studio, salon or club. "Fitness center" does not include an organization solely offering training or facilities in an individual sport or a weight reduction center.
134.70(1)(d)
(d) "Operating day" means any calendar day on which the buyer may inspect and use the facilities and services of the center during a period of at least 8 hours.
134.70(1)(e)
(e) "Weight reduction center" means an establishment that provides as its primary purpose instruction, supervision or counseling for diet or weight loss or maintenance, if physical exercise services are not provided on the premises.
