134.60 Cross-reference
Cross-reference: See s.
23.50 concerning enforcement procedure.
134.63
134.63
Nitrous oxide; restrictions on sales; records of certain sales; labeling. 134.63(1)(a)
(a) "Deliver" or "delivery" means the actual, constructive or attempted transfer of nitrous oxide or a nitrous oxide container from one person to another.
134.63(1)(b)
(b) "Nitrous oxide container" means any compressed gas container that contains food grade or pharmaceutical grade nitrous oxide as its principal ingredient.
134.63(2)(a)(a) Except as provided in
par. (b), no person who engages in the retail sale of cartridges of nitrous oxide may sell more than 24 cartridges in any single retail transaction.
134.63(2)(am)
(am) Except as provided in
par. (b), no person may, during any consecutive 48-hour period, engage in more than one retail purchase of nitrous oxide or any nitrous oxide container.
134.63(2)(b)1.
1. A retail sale to a bakery, restaurant, institutional food distributor or other person engaged in the food service industry if the bakery, restaurant, distributor or other person has an emergency business need for the cartridges.
134.63(2)(b)2.
2. Any retail sale to or retail purchase by a hospital, health care clinic or other health care organization that uses nitrous oxide to provide medical or dental care.
134.63(3)(a)(a) Except as provided in
sub. (5), every person in this state who delivers nitrous oxide or any nitrous oxide container to another shall keep a register of all deliveries of nitrous oxide or any nitrous oxide container. The register shall show the name and complete address of the person to whom the nitrous oxide or nitrous oxide container is delivered, the number of cartridges or other containers delivered and the date of delivery.
134.63(3)(b)
(b) A person required to keep a register under
par. (a) shall preserve the register on his or her business premises for 2 years in such a manner as to ensure permanency and accessibility for inspection and shall permit inspection of the register at all reasonable hours by state and local law enforcement agencies and by any state agency, as defined in
s. 16.61 (2) (d).
134.63(3)(c)
(c) No person required to keep a register under
par. (a) may deliver nitrous oxide or any nitrous oxide container to another person unless the person to whom the nitrous oxide or nitrous oxide container is delivered presents an official identification card, as defined in
s. 125.085 (1) (a) to
(c).
134.63(3)(d)
(d) No person to whom nitrous oxide or any nitrous oxide container is delivered may give a false name or address to a person required to keep a register under
par. (a).
134.63(4)(a)(a) Except as provided in
sub. (5), no person may deliver a cartridge of nitrous oxide to another unless the cartridge bears a label, stamp or tag that sets forth in clearly legible and conspicuous form the following warning: "Nitrous oxide cartridges are to be used only for purposes of preparing food. Nitrous oxide cartridges may not be sold to persons under the age of 21. Do not inhale the contents of this cartridge. Misuse of nitrous oxide can be dangerous to your health."
134.63(4)(b)
(b) Except as provided in
sub. (5), no person may deliver a cartridge of nitrous oxide to another unless the packaging in which the cartridge is enclosed is marked with a label or other device that indicates the name and business address of the person delivering the cartridge of nitrous oxide.
134.63 History
History: 1997 a. 336;
2007 a. 164.
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(1m)
(1m) A city, village, or town clerk may not issue a license under
sub. (1) unless the applicant specifies in the license application whether the applicant will sell, exchange, barter, dispose of, or give away the cigarette or tobacco products over the counter or in a vending machine, or both.
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 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.
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 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.
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 nicotine or tobacco products. 134.66(1)(c)
(c) "Identification card" means any of the following:
134.66(1)(f)
(f) "Nicotine product" means a product that contains nicotine and is not any of the following:
134.66(1)(f)3.
3. A product that has been approved by the U.S. food and drug administration for sale as a smoking cessation product or for another medical purpose and is being marketed and sold solely for such an approved purpose.
134.66(2)(a)(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, nicotine products, 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, nicotine products, 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)(am)
(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, nicotine products, 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.
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. 254.92.
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. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.
134.66(2)(cm)1m.1m. A retailer or vending machine operator may not sell cigarettes or tobacco products from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 years of age is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.
134.66(2)(cm)2.
2. Notwithstanding
subd. 1m., no retailer may place a vending machine within 500 feet of a school.
134.66(2)(e)
(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).
134.66(2m)(a)(a) Except as provided in
par. (b), at the time that a retailer hires or contracts with an agent, employee, or independent contractor whose duties will include the sale of cigarettes or tobacco products, the retailer shall provide the agent, employee, or independent contractor with training on compliance with
sub. (2) (a) and
(am), including training on the penalties under
sub. (4) (a) 2. for a violation of
sub. (2) (a) or
(am). The department of health services shall make available to any retailer on request a training program developed or approved by that department that provides the training required under this paragraph. A retailer may comply with this paragraph by providing the training program developed or approved by the department of health services or by providing a comparable training program approved by that department. At the completion of the training, the retailer and the agent, employee, or independent contractor shall sign a form provided by the department of health services verifying that the agent, employee, or independent contractor has received the training, which the retailer shall retain in the personnel file of the agent, employee, or independent contractor.
134.66(2m)(b)
(b) Paragraph (a) does not apply to an agent, employee, or independent contractor who has received the training described in
par. (a) as part of a responsible beverage server training course or a comparable training course, as described in
s. 125.04 (5) (a) 5., that was successfully completed by the agent, employee, or independent contractor. The department of health services shall make the training program developed or approved by that department under
par. (a) available to the technical college system board, and that board shall include that training program or a comparable training program approved by that department in the curriculum guidelines specified by that board under
s. 125.04 (5) (a) 5. The department of health services shall also make the training program developed or approved by that department under
par. (a) available to any provider of a comparable training course, as described in
s. 125.04 (5) (a) 5., on request, and the department of revenue or the educational approval board may approve a comparable training course under
s. 125.04 (5) (a) 5. only if that training course includes the training program developed or approved by the department of health services under
par. (a) or a comparable training program approved by that department.
134.66(2m)(c)
(c) If an agent, employee, or independent contractor who has not received the training described in
par. (a) commits a violation of
sub. (2) (a) or
(am), a governmental regulatory authority, as defined in
s. 254.911 (2), may issue a citation based on that violation only to the retailer that hired or contracted with the agent, employee, or independent contractor and not to the agent, employee, or independent contractor who has not received that training. If an agent, employee, or independent contractor who has received the training described in
par. (a) commits a violation of
sub. (2) (a) or
(am) for which a governmental regulatory authority issues a citation to the retailer that hired or contracted with the agent, employee, or independent contractor, the governmental regulatory authority shall also issue a citation based on that violation to the agent, employee, or independent contractor who has received that training.
134.66(3)
(3) Defense; sale to minor. Proof of all of the following facts by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, or an agent or employee of an independent contractor 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. If a county, town, village, or city conducts unannounced investigations of retail outlets, as defined in
s. 254.911 (5), to determine compliance with an ordinance adopted under this subsection, as authorized under
s. 254.916 (1), the investigations shall meet the requirements of
s. 254.916 (3) (a) to
(f) and any standards established by the department of health services under
s. 254.916 (1) (b).
