AB100: Bill Text

AB100, s. 1927 Section 1927. 134.65 (1r) of the statutes is created to read:

AB100,923,19 134.65 (1r) (a) No license under sub. (1) may be issued to any person to whom any of the following applies:

AB100,923,21 1. Subject to ss. 111.321, 111.322, and 111.335, the person has an arrest record or a conviction record.

AB100,923,23 2. Subject to ss. 111.321, 111.322, and 111.335, the person has been convicted of a felony, or as a repeat or habitual offender, unless pardoned.

AB100,923,24 3. The person has not submitted proof as provided under s. 77.61 (11).

AB100,924,6 (b) The requirements under par. (a) apply to all partners of a partnership, all members of limited liability company, all agents of a limited liability company or corporation, and all officers of a corporation. Subject to ss. 111.321, 111.322, and 111.335, if a business entity has been convicted of a crime, the entity may not be issued a license under sub. (1) unless the entity has terminated its relationship with the individuals whose actions directly contributed to the conviction.

AB100, s. 1928 Section 1928. 134.65 (2) (a) of the statutes is amended to read:

AB100,924,13 134.65 (2) (a) Except Subject to sub. (1r), and 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 city, village or town may charge a fee for the license of not less than $5 nor more than $100 per year which shall be paid to the city, village or town treasurer before the license is issued.

AB100, s. 1929 Section 1929. 134.65 (5) of the statutes is amended to read:

AB100,925,2 134.65 (5) Any person violating this section shall be fined not more than $100 $1,000 nor less than $25 $500 for the first offense and not more than $200 $5,000 nor less than $25 $1,000 or imprisoned not exceeding 180 days or both 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 Upon conviction of a 2nd or subsequent offense, the court 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.

AB100, s. 1930 Section 1930. 134.66 (1) (a) of the statutes is amended to read:

AB100,925,4 134.66 (1) (a) "Cigarette" has the meaning given in s. 139.30 (1) (1m).

AB100, s. 1931 Section 1931. 134.66 (1) (am) of the statutes is created to read:

AB100,925,6 134.66 (1) (am) "Direct marketer" has the meaning given in s. 139.30 (2n).

AB100, s. 1932 Section 1932. 134.66 (2) (a) of the statutes is amended to read:

AB100,925,16 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes or tobacco products to any person under the age of 18, except as provided in s. 254.92 (2) (a). 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.

AB100, s. 1933 Section 1933. 134.66 (2) (am) of the statutes is amended to read:

AB100,925,25 134.66 (2) (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes or tobacco products to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.

AB100, s. 1934 Section 1934. 134.66 (2) (d) of the statutes is amended to read:

AB100,926,4 134.66 (2) (d) No manufacturer, direct marketer, distributor, jobber, subjobber or retailer, or their employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.

AB100, s. 1935 Section 1935. 134.66 (2) (e) of the statutes is amended to read:

AB100,926,7 134.66 (2) (e) No retailer or direct marketer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under s. 139.32 (1).

AB100, s. 1936 Section 1936. 134.66 (3m) of the statutes is created to read:

AB100,926,11 134.66 (3m) Defense of direct marketer. Proof of all of the following facts by a direct marketer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation under sub. (2) (a):

AB100,926,13 (a) That the direct marketer used a mechanism, approved by the department of revenue, for verifying the age of the purchaser.

AB100,926,15 (b) That the purchaser falsely represented that he or she had attained the age of 18 and presented a copy or facsimile of an identification card.

AB100,926,17 (c) That the name and birthdate of the purchaser, as indicated by the purchaser, matched the name and birthdate on the identification presented under par. (b).

AB100,926,20 (d) That the sale was made in good faith, in reasonable reliance on the mechanism described in par. (a) and the representation and identification under pars. (b) and (c), and in the belief that the purchaser had attained the age of 18.

AB100, s. 1937 Section 1937. 134.71 (12) of the statutes is amended to read:

AB100,927,3 134.71 (12) Applications and forms. The department of agriculture, trade, and consumer protection rural resources, in consultation with the department of justice, shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department of agriculture, trade, and rural resources shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers, and secondhand jewelry dealers at no cost.

AB100, s. 1938 Section 1938. 136.03 (title) of the statutes is amended to read:

AB100,927,6 136.03 (title) Duties of the department of agriculture, trade and consumer protection justice.

AB100, s. 1939 Section 1939. 136.03 (1) (intro.) of the statutes is amended to read:

AB100,927,12 136.03 (1) (intro.) The department of agriculture, trade and consumer protection justice shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department of justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department of justice may in on behalf of the state:

AB100, s. 1940 Section 1940. 136.04 of the statutes is amended to read:

AB100,927,17 136.04 Powers of the department of agriculture, trade and consumer protection justice. (1) The department of agriculture, trade and consumer protection justice may adopt such rules as may be required to carry out the purposes of this chapter.

AB100,927,21 (2) The department of agriculture, trade and consumer protection justice after public hearing may issue general or special orders to carry out the purposes of this chapter and to determine and prohibit unfair trade practices in business or unfair methods of competition in business pursuant to s. 100.20 (2) to (4).

AB100, s. 1941 Section 1941. 139.02 (1) of the statutes is amended to read:

AB100,928,2 139.02 (1) Tax imposed; rate; limitation. An occupational excise tax is imposed upon the removal for consumption or sale or selling of fermented malt beverages at the rate of $2 per barrel of 31 gallons and at a proportionate rate for any other quantity or fractional parts thereof. Not more than one occupational excise tax shall be required to be paid on any one container of fermented malt beverages.

AB100, s. 1942 Section 1942. 139.03 (intro.) of the statutes is amended to read:

AB100,928,5 139.03 Liquor tax. (intro.) An occupational excise tax is imposed upon the selling of intoxicating liquor as follows:

AB100, s. 1943 Section 1943. 139.03 (3) of the statutes is amended to read:

AB100,928,8 139.03 (3) Not more than one occupational excise tax shall be required to be paid on any one container of intoxicating liquor.

AB100, s. 1944 Section 1944. 139.05 (2) of the statutes is amended to read:

AB100,928,16 139.05 (2) Each brewer and bottler in this state and each wholesaler of malt beverages within this state to whom malt beverages are shipped from outside this state shall on or before the fifteenth day of each month file with the secretary on forms prescribed by the secretary a verified return containing such information as may be required to compute and show the amount of occupational excise tax payable by the brewer, bottler or wholesaler or by the shipper for the next preceding calendar month on malt beverages.

AB100, s. 1945 Section 1945. 139.05 (3) of the statutes is amended to read:

AB100,928,19 139.05 (3) The amount of the occupational excise tax disclosed by the return shall accompany the return and shall be paid to the department.

AB100, s. 1946 Section 1946. 139.06 (1) (a) of the statutes is amended to read:

AB100,929,2 139.06 (1) (a) The taxes imposed under s. 139.03 (intro.) on intoxicating liquor at the rates under s. 139.03 (2m) shall be paid to, and a monthly return filed with, the department of revenue on or before the 15th of the month following the month in which the tax liability is incurred. An administrative fee of 3 11 cents per gallon on intoxicating liquor taxed at the rates under s. 139.03 (2m) is imposed, shall be paid along with the taxes and shall be deposited in the appropriation under s. 20.566 (1) (ha).

AB100, s. 1947 Section 1947. 139.09 of the statutes is amended to read:

AB100,929,7 139.09 Registration. Every brewer, bottler, manufacturer, rectifier, wholesaler or retailer liable for payment of the occupational excise tax imposed in ss. 139.01 to 139.25 shall hold a valid certificate under s. 73.03 (50). The secretary shall assign the person a registration number.

AB100, s. 1948 Section 1948. 139.30 (1) of the statutes is renumbered 139.30 (1m).

AB100, s. 1949 Section 1949. 139.30 (1d) of the statutes is created to read:

AB100,929,14 139.30 (1d) "Bonded direct marketer" means any person who acquires unstamped cigarettes from the manufacturer thereof, affixes stamps to the packages or other containers, stores them and sells them by direct marketing to consumers for their own personal use and who may also acquire stamped cigarettes from manufacturers or distributors for such sales.

AB100, s. 1950 Section 1950. 139.30 (1s) of the statutes is created to read:

AB100,929,18 139.30 (1s) "Consumer" means any individual who receives cigarettes for his or her personal use or consumption or any individual who has title to or possession of cigarettes for any purpose other than for sale or resale.

AB100, s. 1951 Section 1951. 139.30 (2n) of the statutes is created to read:

AB100,929,21 139.30 (2n) "Direct marketer" means a bonded direct marketer or a nonbonded direct marketer.

AB100, s. 1952 Section 1952. 139.30 (2p) of the statutes is created to read:

AB100,930,2 139.30 (2p) "Direct marketing" means publishing or making accessible an offer for the sale of cigarettes to consumers in this state, or selling cigarettes to consumers in this state, using any means by which the consumer is not physically present at the time of sale on a premise that sells cigarettes.

AB100, s. 1953 Section 1953. 139.30 (3) of the statutes is amended to read:

AB100,930,8 139.30 (3) "Distributor" means any person who acquires unstamped cigarettes from the manufacturer thereof, affixes stamps to the packages or other containers, stores them and sells them to other permittees or to retailers for resale or and who acquires may acquire stamped cigarettes from another permittee manufacturers or distributors for such sales.

AB100, s. 1954 Section 1954. 139.30 (4n) of the statutes is created to read:

AB100,930,10 139.30 (4n) "Identification card" has the meaning given in s. 134.66 (1) (c).

AB100, s. 1955 Section 1955. 139.30 (7) of the statutes is amended to read:

AB100,930,14 139.30 (7) "Manufacturer" means any person who directly manufactures cigarettes for the purpose of sale, including the authorized agent of a person who directly manufactures cigarettes for the purpose of sale.

AB100, s. 1956 Section 1956. 139.30 (8d) of the statutes is created to read:

AB100,930,18 139.30 (8d) "Nonbonded direct marketer" means any person who acquires stamped cigarettes from the manufacturers or distributors, stores them, and sells them by direct marketing to consumers for their own personal use.

AB100, s. 1957 Section 1957. 139.30 (8s) of the statutes is created to read:

AB100,930,22 139.30 (8s) "Person" means any individual, sole proprietorship, partnership, limited liability company, corporation, or association, or any owner of a single-owner entity that is disregarded as a separate entity under ch. 71.

AB100, s. 1958 Section 1958. 139.30 (10) of the statutes is amended to read:

AB100,931,3 139.30 (10) "Retailer" means any person who sells, exposes for sale or possesses with intent to sell to consumers any cigarettes has the meaning given in s. 134.66 (1) (g).

AB100, s. 1959 Section 1959. 139.32 (1) of the statutes is amended to read:

AB100,931,11 139.32 (1) The tax imposed by s. 139.31 (1) shall be paid. To evidence the payment, the department shall provide stamps. A person who has paid the tax shall affix stamps of the proper denomination to each package in which cigarettes are packed, prior to the first sale within this state. First sale does not include a sale by a manufacturer to a distributor or to a bonded direct marketer or by a distributor to a permittee who has obtained department approval as provided for in s. 139.321 (1) (a) 2. The tax shall be paid only once on each package or container.

AB100, s. 1960 Section 1960. 139.32 (4) of the statutes is amended to read:

AB100,931,15 139.32 (4) In lieu of stamps the secretary may authorize impressions applied by the use of meter machines. The secretary shall prescribe by rule the type of impression and the kind of machines which may be used.

AB100, s. 1961 Section 1961. 139.32 (5) of the statutes is amended to read:

AB100,931,19 139.32 (5) Manufacturers, bonded direct marketers, and distributors having a permit from the secretary who are authorized by the department to purchase tax stamps shall receive a discount of 1.6% of the tax paid on stamp purchases.

AB100, s. 1962 Section 1962. 139.32 (5m) of the statutes is amended to read:

AB100,931,22 139.32 (5m) Distributors, bonded direct marketers, and manufacturers shall pay to the department the cost of printing and shipping those stamps.

AB100, s. 1963 Section 1963. 139.32 (6) of the statutes is amended to read:

AB100,932,3 139.32 (6) Manufacturers, bonded direct marketers, and distributors having a permit from the secretary who are authorized by the department to purchase tax stamps may purchase stamps on credit. The secretary may require manufacturers, bonded direct marketers, and distributors who purchase stamps on credit to file under the conditions prescribed by the secretary by rule.

AB100, s. 1964 Section 1964. 139.321 (1) (intro.) of the statutes is amended to read:

AB100,932,7 139.321 (1) (intro.) It is unlawful for any person to possess in excess of 400 cigarettes unless the required stamps are properly affixed as provided in ss. 139.32 (1) and 139.33 (4).

AB100, s. 1965 Section 1965. 139.321 (1) (a) 1. of the statutes is amended to read:

AB100,932,10 139.321 (1) (a) 1. Manufacturers, bonded direct marketers, distributors or warehouse operators possessing valid permits issued by the secretary.

AB100, s. 1966 Section 1966. 139.33 (3) of the statutes is amended to read:

AB100,933,2 139.33 (3) No person other than a member of the armed forces, as specified in this subsection, a licensed distributor, or a bonded direct marketer who is authorized by the department to purchase and affix tax stamps may import into this state more than 400 cigarettes on which the excise tax imposed by s. 139.31 has not been paid and the container of which does not bear proper stamps. Within 15 days, any such person importing cigarettes shall file a declaration of such cigarettes imported and shall remit therewith the tax on such cigarettes imposed by this section. Members of the armed forces shall not be required to report or pay the tax on cigarettes in their possession if such cigarettes are issued to them by the U.S. government or any of its subdivisions or were purchased in any armed forces post exchange or service store for their personal use or consumption. If the use tax imposed by this section is not paid when due, it shall become delinquent and the person liable for it shall pay, in addition, a penalty of $25 for each 200 cigarettes. Interest on the delinquent tax and penalty shall accrue at the rate of 1.5% per month or each fraction of a month from the date the tax became due until paid.

AB100, s. 1967 Section 1967. 139.34 (1) (a) of the statutes is amended to read: