AB100-ASA1-AA1,279,22
18"2. Notwithstanding subd. 1., if the difference between the number of licenses
19determined under par. (b) 1g. and under par. (bm) 1. is 3 or fewer, the number of
20reserve "Class B" licenses authorized to be issued by that municipality is the
21difference between the number of licenses determined under par. (b) 1g. and under
22par. (bm) 1.".
AB100-ASA1-AA1,280,73
134.67
(2) (a) (intro.) In the event of the outbreak of an epidemic disease of
4humans or animals spread by insects which it is known can be controlled by DDT but
5cannot be adequately controlled by any other known pesticide, the
pesticide review
6board department of agriculture, trade and consumer protection may authorize the
7use of DDT in controlling the epidemic upon a finding that:
AB100-ASA1-AA1,280,149
134.67
(2) (b) (intro.) In the event of the outbreak of a plant disease of epidemic
10proportions which threatens a significant portion of the affected crop and which is
11caused or spread by an insect which it is known can be controlled by DDT but cannot
12be adequately controlled by any other known pesticide, the
pesticide review board 13department of agriculture, trade and consumer protection may authorize the use of
14DDT in controlling the epidemic upon a finding that:
AB100-ASA1-AA1,280,2016
134.67
(2) (c) The
pesticide review board department of agriculture, trade and
17consumer protection also may authorize the use of DDT or its isomers or metabolites
18for specified research by educational institutions if it finds that no ecologically
19significant residues of DDT or its isomers or metabolites will be allowed to escape
20into the environment.".
AB100-ASA1-AA1,281,2
1"
Section 2923m. 138.09 (3) (e) of the statutes is renumbered 138.09 (3) (e) 1.
2(intro.) and amended to read:
AB100-ASA1-AA1,281,53
138.09
(3) (e) 1. (intro.)
A Except as provided in subd. 2., a licensee may
4conduct, and permit others to conduct, at the location specified in its license, any one
5or more of the following businesses not subject to this section:
AB100-ASA1-AA1,281,8
6a. A business engaged in making loans for business or agricultural purposes
7or exceeding $25,000 in principal amount
, except that all such loans having terms
8of 49 months or more are subject to sub. (7) (gm) 2. or 4.
, a
AB100-ASA1-AA1,281,10
9b. A business engaged in making first lien real estate mortgage loans under ss.
10138.051 to 138.06
, a.
AB100-ASA1-AA1,281,11
11c. A loan, finance or discount business under s. 218.01
, or an.
AB100-ASA1-AA1,281,12
12d. An insurance business
, or a.
AB100-ASA1-AA1,281,13
13e. A currency exchange under s. 218.05
, or a.
AB100-ASA1-AA1,281,14
14f. A seller of checks business under ch. 217
; but.
AB100-ASA1-AA1,281,17
152. A licensee may not sell merchandise
shall not be sold at such location; and
16no or conduct other business
shall be conducted at such at the location
specified in
17the license unless written authorization is granted
to the licensee by the division.
AB100-ASA1-AA1,281,2019
138.10
(2) Maximum loan. A Unless made by a person licensed under s. 138.09,
20a pawnbroker's loan
shall may not exceed $150.
AB100-ASA1-AA1,281,2422
138.10
(2m) Pawnbroking by licensed lenders. The division of banking may
23promulgate rules regulating the conduct of pawnbroking by persons licensed under
24s. 138.09.
AB100-ASA1-AA1, s. 2926s
1Section 2926s. 138.10 (3) of the statutes is renumbered 138.10 (1), and 138.10
2(1) (intro.), as renumbered, is amended to read:
AB100-ASA1-AA1,282,43
138.10
(1) Definitions. (intro.)
The following terms in In this section
shall be
4construed to have the following meanings:".
AB100-ASA1-AA1,282,108
BEVERAGE, CONTROLLED SUBSTANCES
9
AND TOBACCO TAXES
;
10
amusement device fee;
AB100-ASA1-AA1,282,11
11vending machine permits".
AB100-ASA1-AA1,282,2114
139.03
(2x) (d)
Late filing fee. Any person who fails to file a floor tax return
15when due shall pay a late filing fee of $10. A return
that is mailed shall be considered
16filed in time if it is mailed in a properly addressed envelope with 1st class postage
17duly prepaid, if the envelope is officially postmarked on the date due and if the return
18is actually received by the department
or at the destination that the department
19prescribes within 5 days of the due date.
A return that is not mailed is timely if it
20is received on or before the due date by the department or at the destination that the
21department prescribes.".
AB100-ASA1-AA1,283,4
1139.09 Registration. Every brewer, bottler, manufacturer, rectifier,
2wholesaler or retailer liable for payment of the occupational tax imposed in ss. 139.01
3to 139.25 shall
apply for hold a valid certificate under s. 73.03 (50). The secretary
4shall assign the person a registration number.".
AB100-ASA1-AA1,283,13
9139.323 Refunds to Indian tribes. (intro.) The department shall refund
1070% 50%, unless this state and the tribe agree to a lower percentage, of the taxes
11collected under s. 139.31 (1) in respect to sales on reservations or trust lands of an
12Indian tribe to the tribal council of the tribe having jurisdiction over the reservation
13or trust land on which the sale is made if all the following conditions are fulfilled:".
AB100-ASA1-AA1,284,416
139.81
(1) No person may sell or take orders for tobacco products for resale in
17this state for any manufacturer or permittee
without first obtaining unless the
18person has filed an application for and obtained a valid certificate under s. 73.03 (50)
19and a salesperson's permit from the department. No manufacturer or permittee
20shall authorize any person to sell or take orders for tobacco products in this state
21without first having such person secure unless the person has filed an application
22for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit.
23The fee for the permit is $2. Each application for a permit shall disclose the name
24and address of the employer and shall remain effective only while the salesperson
1represents the named employer. If the salesperson is thereafter employed by another
2manufacturer or permittee the salesperson shall obtain a new salesperson's permit.
3Each manufacturer and permittee shall notify the department within 10 days after
4the resignation or dismissal of any salesperson holding a permit.".
AB100-ASA1-AA1,284,7
6"
Section 2980r. Subchapter VI of chapter 139 [precedes 139.98] of the statutes
7is created to read:
AB100-ASA1-AA1,284,98
chapter 139
9subchapter vi
AB100-ASA1-AA1,284,1010
vending machine permits
AB100-ASA1-AA1,284,11
11139.98 Definitions. In this subchapter:
AB100-ASA1-AA1,284,12
12(1) "Department" means the department of revenue.
AB100-ASA1-AA1,284,16
13(2) "Vending machine" means any self-service device offered for public use
14that, upon insertion of a coin or token, or by other means, dispenses unit servings of
15food or a beverage, either in bulk or in a package, without the necessity of
16replenishing the device between each vending operation.
AB100-ASA1-AA1,284,22
17139.981 Permit. (1) No person may operate a vending machine unless that
18person has applied to the department for a permit, paid the required fee and
19displayed on the vending machine, in a manner that the department specifies, a
20decal that the department provides and that is evidence that the permit fee has been
21paid. The department may not issue a permit to any person who is delinquent in the
22payment of any tax. Permits expire on January 1.
AB100-ASA1-AA1,285,4
23(2) The fee required under sub. (1) is $65 for vending machines that are in
24service at any time before July 1 plus $1 if the machine is located in a county that
1imposes a tax under subch. V of ch. 77 and $31 for vending machines that are placed
2in service on July 1 or later, except that the fee for vending machines that dispense
3no food or beverage that costs more than 25 cents is $10, regardless of the date on
4which the vending machine is placed in service.
AB100-ASA1-AA1,285,6
5139.982 Operating without a permit. If a person who has not obtained the
6necessary permit operates a vending machine:
AB100-ASA1-AA1,285,8
7(1) The department or the entity with which it has contracted shall seal the
8vending machine and render it inoperative.
AB100-ASA1-AA1,285,15
9(2) The department or the entity with which it has contracted shall notify the
10owner of the vending machine that the fee is due within 10 days and that its amount
11is double the appropriate amount under s. 139.981 (2). If the department or the
12entity with which it has contracted cannot determine the vending machine's owner,
13it shall so notify the owner of the premises. The department or the entity with which
14it has contracted shall remit 50% to the department of administration for deposit in
15the general fund.
AB100-ASA1-AA1,285,18
16(3) If the owner of the vending machine does not pay a fee due under sub. (2),
17the owner shall pay $250 to the department or to the entity with which it has
18contracted.
AB100-ASA1-AA1,285,22
19139.983 Administration. (1) The department shall administer, or contract
20for administration of, the permit under this subchapter. The department of
21administration shall credit to the appropriation under s. 20.566 (1) (ge) $2 for each
22$10 permit and $8 for each other permit that is issued during the year.
AB100-ASA1-AA1,285,24
23(2) Sections 77.52 (18) and 77.61 (5) and (12), as they apply to the taxes under
24subch. III of ch. 77, apply to the fee under this subchapter.".
AB100-ASA1-AA1,286,3
2"
Section 2980m. Subchapter V of chapter 139 [precedes 139.97] of the statutes
3is created to read:
AB100-ASA1-AA1,286,66
Amusement Device Fee
AB100-ASA1-AA1,286,12
7139.97 Jukeboxes and amusement devices; permit; restrictions. (1) 8Permit required. No person may set up jukeboxes or amusement devices that the
9person does not own and that are activated by a coin, currency, token or similar thing
10of value without obtaining a permit from the department of revenue to engage in such
11business. A permittee shall conspicuously display his or her name and permit
12number on each device that the permittee sets up. Permits expire on June 30.
AB100-ASA1-AA1,286,13
13(2) Fee. The annual fee for the permit under sub. (1) is $500.
AB100-ASA1-AA1,286,15
14(3) Forms. The department of revenue shall prescribe the application forms
15for the permit required by this section.
AB100-ASA1-AA1,286,18
16(4) Additional requirements. (a) The department of revenue may issue a
17permit to a natural person only if the natural person fulfills all of the following
18requirements:
AB100-ASA1-AA1,286,2019
1. Subject to ss. 111.321, 111.322 and 111.335, has not been convicted of a felony
20that is substantially related to the amusement device business.
AB100-ASA1-AA1,286,2221
2. Has been a resident of this state continuously for at least 90 days prior to the
22date of application.
AB100-ASA1-AA1,286,2323
3. Has obtained a permit under s. 77.52 (9).
AB100-ASA1-AA1,287,2
1(b) The department of revenue may issue a permit to a corporation or other
2business entity only if all of the following requirements are fulfilled:
AB100-ASA1-AA1,287,73
1. Subject to ss. 111.321, 111.322 and 111.335, neither the corporation or other
4business entity nor any of its members or managers have been convicted of a felony
5that is substantially related to the amusement device business unless the
6corporation or other business entity has terminated its relationship with all the
7natural persons whose actions directly contributed to the conviction.
AB100-ASA1-AA1,287,98
2. The agent of the corporation or other business entity has been a resident of
9this state continuously for at least 90 days prior to the date of application.
AB100-ASA1-AA1,287,1110
3. The corporation or other business entity has obtained a permit under s. 77.52
11(9).
AB100-ASA1-AA1,287,13
12(5) Revocation. The department of revenue may revoke a permit issued under
13this section after a hearing if the permittee does any of the following:
AB100-ASA1-AA1,287,1514
(a) Uses force, violence or threats of force or violence to obtain locations for
15jukeboxes or amusement devices.
AB100-ASA1-AA1,287,1616
(b) Does not satisfy all of the requirements for a permit under this section.
AB100-ASA1-AA1,287,20
17(6) Written denial or revocation. Any department of revenue denial of an
18application for a permit issued under sub. (1) or order of revocation of the permit shall
19be in writing and shall give the reasons for the denial or revocation. The denial or
20revocation is subject to review under ch. 227.
AB100-ASA1-AA1,288,2
21(7) Penalty. No person holding a permit issued under this section may engage
22in the loan, use or forbearance of money, goods or things in action to any person who
23owns or manages premises where a jukebox or amusement device may be set up. Any
24person who violates this subsection shall be fined not more than $10,000 or
25imprisoned for not more than one year in the county jail or both. If the holder of a
1permit issued under this section is convicted of a violation of this subsection, the
2department of revenue shall revoke the permit.
AB100-ASA1-AA1,288,4
3(8) General penalty. A person who violates this section other than sub. (7) may
4be fined not less than $1,000 or imprisoned for not more than 9 months or both.
AB100-ASA1-AA1,288,6
5(9) Seizure. The department of revenue may seize any property for which a
6permit is required under sub. (1) and for which no permit is issued.
AB100-ASA1-AA1,288,9
7(10) Exemption. This section does not apply to persons holding cigarette
8vending machine operators' permits under s. 139.34 (1) who do not lease or operate
9jukeboxes or amusement devices.".
