SB285-SSA2,14,11 10134.65 (title) Cigarette, electronic vaping devices, and tobacco
11products retailer license.
SB285-SSA2,28 12Section 28 . 134.65 (1) of the statutes is renumbered 134.65 (1d) and amended
13to read:
SB285-SSA2,14,1914 134.65 (1d) No person shall in any manner, or upon any pretense, or by any
15device, directly or indirectly sell, expose for sale, possess with intent to sell,
16exchange, barter, dispose of or give away any cigarettes, electronic vaping devices,
17or tobacco products to any person not holding a license as herein provided or a permit
18under ss. 139.30 to 139.41 or 139.79 without first obtaining a license from the clerk
19of the city, village or town wherein such privilege is sought to be exercised.
SB285-SSA2,29 20Section 29 . 134.65 (1a) of the statutes is created to read:
SB285-SSA2,14,2121 134.65 (1a) In this section:
SB285-SSA2,14,2222 (a) “Cigarette” has the meaning given in s. 139.30 (1m).
SB285-SSA2,15,823 (b) “Electronic vaping device” means a device that may be used to deliver any
24aerosolized or vaporized liquid or other substance for inhalation, regardless of
25whether the liquid or other substance contains nicotine, including an e-cigarette,

1e-cigar, e-pipe, vape pen, or e-hookah. “Electronic vaping device” includes a
2component, part, or accessory of the device, and includes a liquid or other substance
3that may be aerosolized or vaporized by such device, regardless of whether the liquid
4or other substance contains nicotine. “Electronic vaping device” does not include a
5battery or battery charger when sold separately. “Electronic vaping device” does not
6include drugs, devices, or combination products authorized for sale by the U.S. food
7and drug administration, as those terms are defined in the Federal Food, Drug, and
8Cosmetic Act.
SB285-SSA2,15,99 (c) “Tobacco products” has the meaning given in s. 139.75 (12).
SB285-SSA2,15,1010 (d) “Vending machine” has the meaning given in s. 139.30 (14).
SB285-SSA2,30 11Section 30. 134.65 (1g) of the statutes is created to read:
SB285-SSA2,15,1412 134.65 (1g) (a) The department of revenue shall create an application form for
13licenses issued under sub. (1d). The form shall require all of the following
14information from an applicant:
SB285-SSA2,15,1615 1. The applicant's history relevant to the applicant's fitness to hold a license
16under sub. (1d).
SB285-SSA2,15,1717 2. The kind of license for which the applicant is applying.
SB285-SSA2,15,1918 3. The premises where cigarettes, electronic vaping devices, or tobacco
19products will be sold or stored.
SB285-SSA2,15,2120 4. If the applicant is a corporation, the identity of the corporate officers and
21agent.
SB285-SSA2,15,2322 5. If the applicant is a limited liability company, the identity of the company
23members or managers and agent.
SB285-SSA2,15,2424 6. The applicant's trade name, if any.
SB285-SSA2,16,3
17. Whether the applicant will sell, exchange, barter, dispose of, or give away
2the cigarettes, electronic vaping devices, or tobacco products over the counter or in
3a vending machine, or both.
SB285-SSA2,16,44 8. Any other information required by the department of revenue.
SB285-SSA2,16,65 (b) The department of revenue shall make the form prepared under this
6subsection available to all cities, villages, and towns.
SB285-SSA2,16,87 (c) An applicant for a license under sub. (1d) shall use the form prepared under
8this subsection.
SB285-SSA2,16,119 (d) An application for a license under sub. (1d) shall be signed by the applicant
10and the applicant shall submit the application to the clerk of the city, village, or town
11where the intended place of sale is located.
SB285-SSA2,16,1512 (e) Within 30 days of any change in any fact set forth in an application for a
13license under sub. (1d), the applicant or licensee shall file a written description of the
14change with the clerk of the city, village, or town where the application was
15submitted.
SB285-SSA2,16,1916 (f) Any person may inspect applications for a license under sub. (1d). The clerk
17of a city, village, or town where such applications are submitted shall retain all
18applications, except that the clerk may destroy any application that is 4 or more
19years old.
SB285-SSA2,31 20Section 31. 134.65 (1m) of the statutes is renumbered 134.65 (1m) (a) (intro.)
21and amended to read:
SB285-SSA2,17,222 134.65 (1m) (a) (intro.) A city, village, or town clerk may not issue a license
23under sub. (1) (1d) unless the applicant specifies in the license application whether
24the applicant will sell, exchange, barter, dispose of, or give away the cigarette or

1tobacco products over the counter or in a vending machine, or both.
meets all of the
2following requirements:
SB285-SSA2,32 3Section 32. 134.65 (1m) (a) 1., 2. and 3. of the statutes are created to read:
SB285-SSA2,17,54 134.65 (1m) (a) 1. Subject to ss. 111.321, 111.322, and 111.335, the applicant
5has not habitually been a law offender or been convicted of a felony unless pardoned.
SB285-SSA2,17,66 2. The applicant has submitted the proof required under s. 77.61 (11).
SB285-SSA2,17,77 3. The applicant has attained the age of 21.
SB285-SSA2,33 8Section 33. 134.65 (1m) (b) of the statutes is created to read:
SB285-SSA2,17,159 134.65 (1m) (b) The requirements under par. (a) apply to all partners of a
10partnership, all members of a limited liability company, all agents of a limited
11liability company or corporation, and all officers of a corporation. Subject to ss.
12111.321, 111.322, and 111.335, if a business entity has been convicted of a crime, the
13entity may not be issued a license under sub. (1d) unless the entity has terminated
14its relationship with the individuals whose actions directly contributed to the
15conviction.
SB285-SSA2,34 16Section 34 . 134.65 (1r) of the statutes is amended to read:
SB285-SSA2,17,2217 134.65 (1r) A city, village, or town clerk may not require an applicant's
18signature on an application for a cigarette, electronic vaping devices, and tobacco
19products retailer license to be notarized. If a city, village, town, or any department
20of this state prepares an application form for a cigarette, electronic vaping devices,
21and tobacco products retailer license, the form may not require an applicant's
22signature on the form to be notarized.
SB285-SSA2,35 23Section 35. 134.65 (2m) of the statutes is created to read:
SB285-SSA2,18,524 134.65 (2m) Annually, no later than July 15, the clerk of a city, village, or town
25issuing licenses under sub. (1d) shall submit to the department of revenue, in a

1manner prescribed by the department, a list of licenses issued by the city, village, or
2town under sub. (1d) during the previous fiscal year. The list shall include the name,
3address, seller's permit number, and trade name of the licensee and the type of
4license held. The department of revenue shall publish this list annually on the
5department's Internet site.
SB285-SSA2,36 6Section 36. 134.65 (3m) of the statutes is created to read:
SB285-SSA2,18,107 134.65 (3m) A person holding a license under sub. (1d) shall enclose the license
8in a frame that has a transparent front that allows the license to be read clearly. The
9licensee shall conspicuously display the license for public inspection at all times in
10the room or place where the activity subject to licensure is carried out.
SB285-SSA2,37 11Section 37 . 134.65 (4) of the statutes is amended to read:
SB285-SSA2,18,1712 134.65 (4) Every licensed retailer shall keep complete and accurate records of
13all purchases and receipts of cigarettes, electronic vaping devices, and tobacco
14products. Such records shall be preserved on the licensed premises for 2 years in such
15a manner as to insure permanency and accessibility for inspection and shall be
16subject to inspection at all reasonable hours by authorized state and local law
17enforcement officials.
SB285-SSA2,38 18Section 38 . 134.65 (5m) of the statutes is amended to read:
SB285-SSA2,18,2119 134.65 (5m) Any person who knowingly provides materially false information
20in an application for a cigarette, electronic vaping devices, and tobacco products
21retailer license under this section may be required to forfeit not more than $1,000.
SB285-SSA2,39 22Section 39 . 134.65 (8) of the statutes is amended to read:
SB285-SSA2,19,323 134.65 (8) The uniform licensing of cigarette, electronic vaping devices, and
24tobacco products retailers is a matter of statewide concern. A city, village, or town
25may adopt an ordinance regulating the issuance, suspension, revocation, or renewal

1of a license under this section only if the ordinance strictly conforms to this section.
2If a city, village, or town has in effect on May 1, 2016, an ordinance that does not
3strictly conform to this section, the ordinance does not apply and may not be enforced.
SB285-SSA2,40 4Section 40. 134.66 (1) (g) of the statutes is amended to read:
SB285-SSA2,19,55 134.66 (1) (g) “Retailer" means any person licensed under s. 134.65 (1) (1d).
SB285-SSA2,41 6Section 41. 139.11 (4) (a) (intro.) of the statutes is amended to read:
SB285-SSA2,19,127 139.11 (4) (a) (intro.) Sections 71.78 (1), (1g), (1m), and (4) to (9) and 71.83 (2)
8(a) 3. and 3m., relating to confidentiality of income and franchise tax returns, apply
9to any information obtained from any person on a fermented malt beverage tax
10return, report, schedule, exhibit, or other document or from an audit report relating
11to any of those documents, except that the department of revenue shall publish the
12following:
SB285-SSA2,42 13Section 42. 139.38 (6) of the statutes is amended to read:
SB285-SSA2,19,2114 139.38 (6) Sections 71.78 (1), (1g), (1m), and (4) to (9) and 71.83 (2) (a) 3. and
153m., relating to confidentiality of income and franchise tax returns, apply to any
16information obtained from any person on a cigarette tax return, report, schedule,
17exhibit, or other document or from an audit report pertaining to the return, report,
18schedule, exhibit, or document, except that the department shall publish on its
19Internet site, at least quarterly, a current list of permits issued to distributors and
20jobbers under s. 139.34 and include on the list the name and address of the permit
21holder and the date on which the department issued the permit.
SB285-SSA2,43 22Section 43 . 139.44 (2) of the statutes is amended to read:
SB285-SSA2,20,223 139.44 (2) Any person who makes or signs any false or fraudulent report or who
24attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the

1evasion or attempted evasion of that tax
may be fined not more than $10,000 or
2imprisoned for not more than 9 months or both.
SB285-SSA2,44 3Section 44 . 139.44 (2m) of the statutes is created to read:
SB285-SSA2,20,64 139.44 (2m) Any person who evades or attempts to evade, or who aids or abets
5the evasion or attempted evasion of, a tax imposed under s. 139.31 or 139.76 is guilty
6of the following:
SB285-SSA2,20,77 (a) A Class A misdemeanor if the amount of the tax is no more than $2,500.
SB285-SSA2,20,98 (b) A Class I felony if the amount of the tax is more than $2,500, but no more
9than $5,000.
SB285-SSA2,20,1110 (c) A Class H felony if the amount of the tax is more than $5,000, but no more
11than $10,000.
SB285-SSA2,20,1312 (d) A Class G felony if the amount of the tax is more than $10,000, but no more
13than $100,000.
SB285-SSA2,20,1414 (e) A Class F felony if the amount of the tax is more than $100,000.
SB285-SSA2,45 15Section 45. 139.44 (8) (a) of the statutes is amended to read:
SB285-SSA2,20,1816 139.44 (8) (a) If the number of cigarettes does not exceed 6,000, a fine of 200,
17the person may be fined
not more than $200 or imprisonment imprisoned for not
18more than 6 months or both.
SB285-SSA2,46 19Section 46. 139.44 (8) (am) of the statutes is created to read:
SB285-SSA2,20,2220 139.44 (8) (am) If the number of cigarettes exceeds 200 but does not exceed
213,000, the person may be fined not more than $1,000 or imprisoned for not more than
22one year or both.
SB285-SSA2,47 23Section 47. 139.44 (8) (b) and (c) of the statutes are amended to read:
SB285-SSA2,21,3
1139.44 (8) (b) If the number of cigarettes exceeds 6,000 3,000 but does not
2exceed 36,000, a fine of not more than $1,000 or imprisonment for not more than one
3year in the county jail or both
5,000, the person is guilty of a Class I felony.
SB285-SSA2,21,54 (c) If the number of cigarettes exceeds 36,000 5,000 but does not exceed 10,000,
5the person is guilty of a Class I H felony.
SB285-SSA2,48 6Section 48. 139.44 (8) (d) of the statutes is created to read:
SB285-SSA2,21,87 139.44 (8) (d) If the number of cigarettes exceeds 10,000, the person is guilty
8of a Class F felony.
SB285-SSA2,49 9Section 49. 139.82 (6) of the statutes is amended to read:
SB285-SSA2,21,1710 139.82 (6) Sections 71.78 (1), (1g), (1m), and (4) to (9) and 71.83 (2) (a) 3. and
113m., relating to confidentiality of income and franchise tax returns, apply to any
12information obtained from any person on a cigarette tax return, report, schedule,
13exhibit, or other document or from an audit report pertaining to the return, report,
14schedule, exhibit, or document, except that the department shall publish on its
15Internet site, at least quarterly, a current list of permits issued to distributors and
16jobbers under s. 139.34 and include on the list the name and address of the permit
17holder and the date on which the department issued the permit.
SB285-SSA2,50 18Section 50. 230.36 (1m) (b) 2. (intro.) of the statutes is amended to read:
SB285-SSA2,21,2519 230.36 (1m) (b) 2. (intro.) A conservation warden, conservation patrol boat
20captain, conservation patrol boat engineer, member of the state patrol, state motor
21vehicle inspector, University of Wisconsin System police officer, security officer, or
22security person, other state facilities police officer, special tax agent, excise tax
23investigator
employed by the department of revenue and authorized to act under s.
2473.031
, and special criminal investigation agent employed by the department of
25justice at all times while:
SB285-SSA2,51
1Section 51. 230.36 (2m) (a) 9. of the statutes is amended to read:
SB285-SSA2,22,32 230.36 (2m) (a) 9. A excise tax investigator special agent employed by the
3department of revenue who is authorized to act under s. 73.031.
SB285-SSA2,52 4Section 52. 565.01 (6c) of the statutes is created to read:
SB285-SSA2,22,65 565.01 (6c) “Special agent” means any employee of the department authorized
6to act under s. 73.031.
SB285-SSA2,53 7Section 53. 565.02 (8) (e) of the statutes is renumbered 565.02 (9) (a).
SB285-SSA2,54 8Section 54. 565.02 (8) (f) of the statutes is renumbered 565.02 (9) (b) and
9amended to read:
SB285-SSA2,22,1310 565.02 (9) (b) If the division of criminal investigation in the department of
11justice chooses not to investigate a report under par. (e), coordinate
Coordinate an
12investigation of the suspected gaming-related criminal activity with local law
13enforcement officials and district attorneys.
SB285-SSA2,55 14Section 55. 565.02 (9) (intro.) of the statutes is created to read:
SB285-SSA2,22,1515 565.02 (9) (intro.) The department may do all of the following:
SB285-SSA2,56 16Section 56. 565.17 (5) (a) of the statutes is amended to read:
SB285-SSA2,22,2017 565.17 (5) (a) No Except as provided under par. (d), no employee in the lottery
18division of the department or the secretary, deputy secretary, or assistant deputy
19secretary of revenue and no member of such a person's immediate family, as defined
20in s. 19.42 (7), may purchase a lottery ticket or lottery share.
SB285-SSA2,57 21Section 57. 565.17 (5) (d) of the statutes is created to read:
SB285-SSA2,23,222 565.17 (5) (d) An employee in the lottery division of the department may
23purchase a lottery ticket or lottery share if the purchase is on behalf of the lottery
24division of the department and is a part of an official lottery investigation. No person
25may share or assign a lottery ticket or lottery share purchased under this paragraph

1and no person may claim any prize or winnings from a lottery ticket or lottery share
2purchased under this paragraph.
SB285-SSA2,58 3Section 58. 565.40 (title) of the statutes is amended to read:
SB285-SSA2,23,5 4565.40 (title) Department of justice enforcement Enforcement
5authority.
SB285-SSA2,59 6Section 59. 565.40 (4) of the statutes is created to read:
SB285-SSA2,23,117 565.40 (4) Police powers. The department may enforce violations of this
8chapter, and special agents may exercise their arrest authority under s. 73.031 to
9enforce violations of this chapter. This subsection does not deprive or relieve other
10law enforcement or peace officers of the power and duty to enforce violations of this
11chapter.
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