This bill requires a person who sells vapor products to obtain a cigarette and
tobacco products retailer license. Current law defines a “vapor product” as a
noncombustible product that produces vapor or aerosol for inhalation from the
application of a heating element, regardless of whether the liquid or other substance
contains nicotine.
Specifically, the bill requires a retailer who sells or offers for sale vapor products
to obtain an annual license from the clerk of the city, village, or town where the
retailer is located. Additionally, the bill authorizes two positions in the Department
of Agriculture, Trade and Consumer Protection to conduct investigations of retail
sales that are regulated by DATCP and two positions in the Department of Revenue
for administering and enforcing the taxes imposed on the sale of vapor products.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB757,1
1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
SB757,2 3Section 2 . 20.566 (1) (am) of the statutes is created to read:
SB757,2,64 20.566 (1) (am) Administration of vapor products tax and enforcement. As a
5continuing appropriation, the amounts in the schedule for the purpose of
6administering and enforcing the taxes imposed for the sale of vapor products.
SB757,3 7Section 3 . 134.65 (title) of the statutes is amended to read:
SB757,2,9 8134.65 (title) Cigarette, vapor products, and tobacco products retailer
9license.
SB757,4 10Section 4 . 134.65 (1) of the statutes is renumbered 134.65 (1d) and amended
11to read:
SB757,2,1712 134.65 (1d) No person shall in any manner, or upon any pretense, or by any
13device, directly or indirectly sell, expose for sale, possess with intent to sell,
14exchange, barter, dispose of or give away any cigarettes, vapor products, or tobacco
15products to any person not holding a license as herein provided or a permit under ss.
16139.30 to 139.41 or 139.79 without first obtaining a license from the clerk of the city,
17village or town wherein such privilege is sought to be exercised.
SB757,5 18Section 5 . 134.65 (1a) of the statutes is created to read:
SB757,2,1919 134.65 (1a) In this section:
SB757,3,1
1(a) “Cigarette” has the meaning given in s. 139.30 (1m).
SB757,3,22 (b) “Tobacco products” has the meaning given in s. 139.75 (12).
SB757,3,33 (c) “Vapor product” has the meaning given in s. 139.75 (14).
SB757,3,44 (d) “Vending machine” has the meaning given in s. 139.30 (14).
SB757,6 5Section 6 . 134.65 (1m) of the statutes is amended to read:
SB757,3,96 134.65 (1m) A city, village, or town clerk may not issue a license under sub. (1)
7(1d) unless the applicant specifies in the license application whether the applicant
8will sell, exchange, barter, dispose of, or give away the cigarette , vapor products, or
9tobacco products over the counter or in a vending machine, or both.
SB757,7 10Section 7 . 134.65 (1r) of the statutes is amended to read:
SB757,3,1611 134.65 (1r) A city, village, or town clerk may not require an applicant's
12signature on an application for a cigarette, vapor products, and tobacco products
13retailer license to be notarized. If a city, village, town, or any department of this state
14prepares an application form for a cigarette, vapor products, and tobacco products
15retailer license, the form may not require an applicant's signature on the form to be
16notarized.
SB757,8 17Section 8 . 134.65 (4) of the statutes is amended to read:
SB757,3,2318 134.65 (4) Every licensed retailer shall keep complete and accurate records of
19all purchases and receipts of cigarettes, vapor products, and tobacco products. Such
20records shall be preserved on the licensed premises for 2 years in such a manner as
21to insure permanency and accessibility for inspection and shall be subject to
22inspection at all reasonable hours by authorized state and local law enforcement
23officials.
SB757,9 24Section 9 . 134.65 (5m) of the statutes is amended to read:
SB757,4,3
1134.65 (5m) Any person who knowingly provides materially false information
2in an application for a cigarette, vapor products, and tobacco products retailer license
3under this section may be required to forfeit not more than $1,000.
SB757,10 4Section 10 . 134.65 (8) of the statutes is amended to read:
SB757,4,105 134.65 (8) The uniform licensing of cigarette, vapor products, and tobacco
6products retailers is a matter of statewide concern. A city, village, or town may adopt
7an ordinance regulating the issuance, suspension, revocation, or renewal of a license
8under this section only if the ordinance strictly conforms to this section. If a city,
9village, or town has in effect on May 1, 2016, an ordinance that does not strictly
10conform to this section, the ordinance does not apply and may not be enforced.
SB757,11 11Section 11 . Nonstatutory provisions.
SB757,4,1512 (1) Vapor products enforcement. The authorized FTE positions for the
13department of revenue are increased by 2.0 GPR positions on January 1, 2020, to be
14funded from the appropriation under s. 20.566 (1) (am) for the purpose of
15administering and enforcing the taxes imposed on the sale of vapor products.
SB757,12 16Section 12 . Fiscal changes.
SB757,4,2517 (1) Investigators; retail sales. In the schedule under s. 20.005 (3) for the
18appropriation to the department of agriculture, trade and consumer protection
19under s. 20.115 (1) (a), the dollar amount for fiscal year 2020-21 is increased by
20$164,800 to increase the authorized FTE positions for the department by 2.0 GPR
21positions to conduct investigations of retail sales. In the schedule under s. 20.005 (3)
22for the appropriation to the department of agriculture, trade and consumer
23protection under s. 20.115 (1) (a), the dollar amount for fiscal year 2020-21 is
24increased by $40,000 to provide supplies and services for the positions authorized
25under this subsection.
SB757,13
1Section 13. Effective date.
SB757,5,22 (1) This act takes effect on the 90th day after the day of publication.
SB757,5,33 (End)
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