SB546,5,97
254.92
(2) (b) A
child minor may purchase or possess cigarettes or tobacco
8products for the sole purpose of resale in the course of employment during his or her
9working hours if employed by a retailer
licensed under s. 134.65 (1).
SB546, s. 7
10Section
7. 48.983 (4) of the statutes is renumbered 254.92 (2) (e) and amended
11to read:
SB546,5,1412
254.92
(2) (e) A law enforcement officer
or local health officer shall seize any
13cigarette or tobacco product involved in any violation of
sub. (2) par. (a) committed
14in his or her presence.
SB546, s. 8
15Section
8. 48.983 (5) of the statutes is repealed.
SB546, s. 9
16Section
9. 77.54 (20) (c) 6. of the statutes is amended to read:
SB546,5,2317
77.54
(20) (c) 6. For purposes of subd. 1., "premises" shall be construed broadly,
18and, by way of illustration but not limitation, shall include the lobby, aisles and
19auditorium of a theater or the seating, aisles and parking area of an arena, rink or
20stadium or the parking area of a drive-in or outdoor theater. The premises of a
21caterer with respect to catered meals or beverages shall be the place where served.
22Vending machine premises The premises of a vending machine, as defined in s.
23254.61 (7), shall include the room or area in which located.
SB546, s. 10
24Section
10. 111.35 (2) (d) of the statutes is amended to read:
SB546,5,2525
111.35
(2) (d) Constitutes a violation of s.
48.983 254.92 (2)
(a).
SB546, s. 11
1Section
11. 134.65 (title) of the statutes is renumbered 254.914 (title).
SB546, s. 12
2Section
12. 134.65 (1) and (2) (a) of the statutes are renumbered 254.914 (1)
3and (3) and amended to read:
SB546,6,114
254.914
(1) No person shall in any manner, or upon any pretense, or by any
5device, directly or indirectly Unless a person holds a license issued under this
6section, the person or the person's employe or agent may not sell, expose for sale,
7possess with intent to sell, exchange, barter, dispose of or give away any cigarettes
8or tobacco products to
any person not holding a license as herein provided or anyone
9who is not licensed under this section or who does not hold a permit under ss. 139.30
10to 139.41 or 139.79
without first obtaining a license from the clerk of the city, village
11or town wherein such privilege is sought to be exercised.
SB546,6,16
12(3) Except as provided in par. (b), upon filing Upon receipt of a proper written
13application
, the department shall issue a license
shall be issued on July 1 of each year
14or when applied for
and. The license shall continue in force until the following June
1530 unless
the license is sooner revoked. The fee for the license is
$5 $50, which shall
16be paid to the
city, village or town treasurer department before the license is issued.
SB546, s. 13
17Section
13. 134.65 (2) (b) of the statutes is repealed.
SB546, s. 14
18Section
14. 134.65 (3), (4) and (5) of the statutes are renumbered 254.914 (4),
19(6) and (7) and amended to read:
SB546,6,2320
254.914
(4) Each such A license
issued under this section shall name the
21licensee and specifically describe the premises
where such on which the business
is
22to may be conducted.
Such licenses shall not be The license is not transferable from
23one person to another
nor and is not transferable from one premises to another.
SB546,7,4
24(6) Every
licensed retailer shall keep complete and accurate records of all
25purchases and receipts of cigarettes and tobacco products.
Such The records shall
1be preserved on the licensed premises for 2 years in such a manner as to
insure 2ensure permanency and accessibility for inspection and
shall be are subject to
3inspection at all reasonable hours by authorized state
officials and local law
4enforcement
and local health officials.
SB546,7,18
5(7) Any person violating this section shall
be fined forfeit not more than $100
6nor less than $25 for the first offense and not more than $200 nor less than $25 for
7the 2nd or subsequent offense. If upon
such the 2nd or subsequent violation, the
8person
so violating this section
was
is found to be personally guilty of a failure to
9exercise due care to prevent
the violation
thereof, the person shall
be fined forfeit not
10more than $300 nor less than $25
or imprisoned not exceeding 60 days or both.
11Conviction shall immediately terminate the license of the person convicted of being
12personally guilty of such failure to exercise due care and the person
, his or her license
13is immediately revoked, he or she is not entitled to another license
hereunder under
14this section for a period of 5 years
thereafter, nor shall the person and he or she may
15not in that period act as the
servant employe or agent of a person licensed
hereunder 16under this section for the performance of the acts authorized by such
a license.
The
175-year period shall be measured from the date of the violation that resulted in the
18revocation of the license.
SB546, s. 15
19Section
15. 134.66 (title) of the statutes is renumbered 254.92 (title) and
20amended to read:
SB546,7,22
21254.92 (title)
Restrictions on sale or gift or certain purchase or
22possession of cigarettes or tobacco products.
SB546, s. 16
23Section
16. 134.66 (1) (intro.) of the statutes is renumbered 254.911 (intro.)
24and amended to read:
SB546,7,25
25254.911 Definitions. (intro.) In this
section subchapter:
SB546, s. 17
1Section
17. 134.66 (1) (a), (b), (c), (d) and (e) of the statutes are renumbered
2254.911 (1), (2), (3), (4) and (6).
SB546, s. 18
3Section
18. 134.66 (1) (g) of the statutes is renumbered 254.911 (7) and
4amended to read:
SB546,8,65
254.911
(7) "Retailer" means
any person licensed the holder of a license issued 6under s.
134.65 (1) 254.914.
SB546, s. 19
7Section
19. 134.66 (1) (h), (hm), (i) and (j) of the statutes are renumbered
8254.911 (8), (9), (10) and (12).
SB546, s. 20
9Section
20. 134.66 (1) (k) and (L) of the statutes are repealed.
SB546, s. 21
10Section
21. 134.66 (2) (title) of the statutes is renumbered 254.92 (1) (title).
SB546, s. 22
11Section
22. 134.66 (2) (a) of the statutes is renumbered 254.92 (1) (a) and
12amended to read:
SB546,8,2013
254.92
(1) (a) No retailer, manufacturer
or
, distributor
, jobber or subjobber or
14the agent or employe of a retailer, manufacturer, distributor, jobber or subjobber may
15sell or
give provide for nominal or no consideration cigarettes or tobacco products to
16any person under the age of 18 a minor, except as provided in
s. 48.983 (3) sub. (2)
17(b). A
tobacco vending machine operator is not liable under this paragraph for the
18purchase of cigarettes or tobacco products from his or her
tobacco vending machine
19by a
person under the age of 18 minor if the
tobacco vending machine operator was
20unaware of the purchase.
SB546, s. 23
21Section
23. 134.66 (2) (b) 1. of the statutes is renumbered 254.92 (1) (b) 1. and
22amended to read:
SB546,9,223
254.92
(1) (b) 1. A retailer shall post a sign in areas within his or her premises
24where cigarettes or tobacco products are sold to consumers stating that the sale
to
1a minor or purchase by a minor of any cigarette or tobacco product
to a person under
2the age of 18 is unlawful under
this section and s. 48.983 par. (a) and sub. (2).
SB546, s. 24
3Section
24. 134.66 (2) (b) 2. of the statutes is renumbered 254.92 (1) (b) 2. and
4amended to read:
SB546,9,95
254.92
(1) (b) 2. A
tobacco vending machine operator shall attach a notice in
6a conspicuous place on the front of his or her
tobacco vending machines stating that
7the purchase of any cigarette or tobacco product by a
person under the age of 18 minor 8is unlawful under
s. 48.983 sub. (2) and that the purchaser is subject to a forfeiture
9of not to exceed
$25 $50.
SB546, s. 25
10Section
25. 134.66 (2) (c) 1. and 2. of the statutes are renumbered 254.92 (1)
11(c) 1. and 2. and amended to read:
SB546,9,1412
254.92
(1) (c) 1. Except as provided in par. (cm), no retailer may keep a
tobacco 13vending machine in any public place that is open to
persons under the age of 18 14minors unless all of the following apply:
SB546,9,1615
a. The
tobacco vending machine is in a place where it is ordinarily in the
16immediate vicinity, plain view and control of an employe.
SB546,9,1817
b. The
tobacco vending machine is in a place where it is inaccessible to the
18public when the premises are closed.
SB546,9,2219
2. The person who ultimately controls, governs or directs the activities within
20the premises where the
tobacco vending machine is located shall ensure that an
21employe of the retailer remains in the immediate vicinity, plain view and control of
22the
tobacco vending machine whenever the premises are open.
SB546, s. 26
23Section
26. 134.66 (2) (c) 3. and 4. of the statutes are repealed.
SB546, s. 27
24Section
27. 134.66 (2) (cm) 1. of the statutes is renumbered 254.92 (1) (cm) and
25amended to read:
SB546,10,2
1254.92
(1) (cm)
Notwithstanding par. (c), no No retailer may place a
tobacco 2vending machine within 500 feet of a school.
SB546, s. 28
3Section
28. 134.66 (2) (cm) 2. and 3. of the statutes are repealed.
SB546, s. 29
4Section
29. 134.66 (2) (d) of the statutes is repealed.
SB546, s. 30
5Section
30. 134.66 (2) (e) of the statutes is renumbered 254.92 (1) (e) and
6amended to read:
SB546,10,97
254.92
(1) (e) No retailer
or retailer's employe or agent may sell cigarettes in
8a form other than as a package or container on which a stamp is affixed under s.
9139.32 (1).
SB546, s. 31
10Section
31. 134.66 (3) of the statutes is repealed.
SB546, s. 32
11Section
32. 134.66 (4) of the statutes is renumbered 254.92 (4) and amended
12to read:
SB546,10,1613
254.92
(4) Penalties. (a) 1. In this paragraph, "violation" means a violation
14of sub.
(2) (1) (a), (c), (cm)
, (d) or (e) or a local ordinance
which strictly conforms to 15under which the requirements are at least as strict as the requirements under sub.
16(2) (1) (a), (c), (cm)
, (d) or (e).
SB546,10,2417
2.
A person who commits The following forfeitures apply to a retailer for a
18violation
is subject to a forfeiture of
sub. (1) (a), (c), (cm) or (e) by the retailer or the
19agent or employe of the retailer, apply to a manufacturer for a violation of sub. (1)
20(a) by the manufacturer or the agent or employe of the manufacturer, apply to a
21distributor for a violation of sub. (1) (a) by the distributor or the agent or employe of
22the distributor, apply to a jobber for a violation of sub. (1) (a) by the jobber or the agent
23or employe of the jobber and apply to a subjobber for a violation of sub. (1) (a) by the
24subjobber or the agent or employe of the subjobber:
SB546,11,3
1a. Not more than $500 if the
person retailer, manufacturer, distributor, jobber
2or subjobber has not committed a previous violation within
12 24 months of the
3violation; or
SB546,11,64
b. Not less than $200 nor more than $500 if the
person retailer, manufacturer,
5distributor, jobber or subjobber has committed a previous violation within
12 24 6months of the violation.
SB546,11,107
3.
A court The department or a local health department that is designated as
8the department's agent under s. 254.916, that issued a license under s. 254.914 shall
9suspend any license
or permit issued
under s. 134.65, 139.34 or 139.79 to a
person 10retailer for:
SB546,11,1311
a. Not more than 3 days, if the
court department or local health department 12finds that the
person retailer committed a violation within
12 24 months after
13committing one previous violation;
SB546,11,1614
b. Not less than 3 days nor more than 10 days, if the
court department or local
15health department finds that the
person retailer committed a violation within
12 24 16months after committing 2 other violations; or
SB546,11,1917
c. Not less than 15 days nor more than 30 days, if the
court department or local
18health department finds that the
person retailer committed a violation within
12 24 19months after committing 3 or more other violations.
SB546,12,220
4.
The court If the department suspends a license under subd. 3., the
21department shall promptly mail notice of
a the suspension
under subd. 3. to the
local
22health department
of revenue and to the clerk of each municipality which has issued
23a license or permit to the person that is designated as the department's agent under
24s. 254.916 whose jurisdiction, if so designated, includes the retailer. If the local
1health department suspends a license under subd. 3., the local health department
2shall promptly mail notice of the suspension to the department.
SB546,12,33
(b) Whoever violates sub.
(2) (1) (b) shall forfeit not more than $25.
SB546, s. 33
4Section
33. 134.66 (5) of the statutes is renumbered 254.92 (5) and amended
5to read:
SB546,12,166
254.92
(5) Local ordinance. A county, town, village or city may
adopt enact 7an ordinance regulating the conduct regulated by this section only if
it strictly
8conforms to the requirements under the ordinance are at least as strict as the
9requirements under this section
. Such an ordinance shall provide for civil forfeitures
10instead of the forfeitures that may be imposed by the department under sub. (4) and
11shall require a court to act in place of the department under sub. (4) or, if applicable,
12a local health department under sub. (4) (a) 3. and to notify the department or local
13health department of the court action. Under such an ordinance, only one charge
14may result from each violation of this section. A county ordinance
adopted enacted 15under this subsection does not apply within any town, village or city that has
adopted
16or adopts enacted or enacts an ordinance under this subsection.
SB546, s. 34
17Section
34. 139.08 (3) of the statutes is amended to read:
SB546,12,2018
139.08
(3) Police powers. The department of revenue shall enforce and the
19duly authorized employes of the department shall have all necessary police powers
20to prevent violations of
s. 134.65, this subchapter and ch. 125.
SB546, s. 35
21Section
35. 139.34 (1) (c) 8. of the statutes is created to read:
SB546,12,2422
139.34
(1) (c) 8. The holder of a permit under ss. 139.30 to 139.41 or 139.79 or
23the person has been found at least 6 times under s. 254.914 (7) to have violated s.
24254.914.
SB546, s. 36
25Section
36. 139.39 (1) of the statutes is amended to read:
SB546,13,3
1139.39
(1) The department shall administer and enforce ss. 139.30 to 139.44
, 2and 139.75 to 139.85
and 134.65. The department shall
adopt promulgate rules
3necessary to administer and enforce its duties.
SB546, s. 37
4Section
37. 139.39 (5) (a) of the statutes is amended to read:
SB546,13,105
139.39
(5) (a) Any person may be compelled to testify in regard to any violation
6of ss.
134.65 and 139.30 to 139.44 of which the person may have knowledge, even
7though such testimony may tend to incriminate the person, upon being granted
8immunity from prosecution in connection therewith, and upon the giving of such
9testimony, the person shall not be prosecuted because of the violation relative to
10which the person has testified.
SB546, s. 38
11Section
38. 251.04 (1) of the statutes is amended to read:
SB546,13,1812
251.04
(1) A city or county board of health shall govern each local health
13department and assure the enforcement of state public health statutes and public
14health rules of the department as prescribed for a Level I local health department.
15A local board of health may contract or subcontract to provide public health services
,
16including the authorized actions of a local health department that is designated as
17the department's agent under s. 254.916 (1). The contractor's staff shall meet the
18appropriate qualifications for positions in a Level I local health department.
SB546, s. 39
19Section
39. Subchapter IX (title) of chapter 254 [precedes 254.911] of the
20statutes is created to read:
SB546,13,2121
Chapter 254
SB546,13,2422
Subchapter IX
23
Restrictions on sale or gift of
24
Cigarettes or tobacco products
SB546, s. 40
25Section
40. 254.911 (5), (11) and (13) to (15) of the statutes are created to read:
SB546,14,1
1(5) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
SB546,14,2
2(11) "Tavern" has the meaning given in s. 941.237 (1) (fm).
SB546,14,5
3(13) "Tobacco vending machine" is any mechanical device that automatically
4dispenses cigarettes or tobacco products when specified coins are deposited in the
5device in payment for the cigarettes or tobacco products.
SB546,14,10
6(14) "Tobacco vending machine operator" means a person who acquires tobacco
7products or stamped cigarettes from manufacturers or permittees, stores them and
8sells them through the medium of tobacco vending machines that he or she owns,
9operates or services and that are located on premises that are owned or under the
10control of other persons.
SB546,14,12
11(15) "Tobacco vending machine premises" includes the room or area in which
12a tobacco vending machine is located.
SB546, s. 41
13Section
41. 254.914 (1m) and (2) of the statutes are created to read:
SB546,14,2114
254.914
(1m) A retailer or the retailer's employe or agent may not sell, expose
15for sale, exchange, barter, dispose of or give away any cigarettes or tobacco products
16to anyone who is not licensed under this section or who does not hold a permit under
17ss. 139.30 to 139.41 or 139.79 unless the sale, exposure, exchange, bartering,
18disposing or gift occurs on the premises described in the license and unless both the
19retailer or the retailer's employe or agent and the buyer, exchanger, barterer, donee
20or other receiver of the cigarettes or tobacco products are physically present on the
21premises during the sale, exposure, exchange, bartering, disposing or gifting.
SB546,15,3
22(2) An applicant for a license under this section shall complete the application
23prepared by the department and provide, in writing, any additional information that
24the department requires, including the applicant's signature to a statement,
25provided by the department, that indicates that the applicant has knowledge of the
1laws governing sales and gifting of cigarettes or tobacco products. The department
2shall also provide the applicant with information on ways to prevent cigarette or
3tobacco products sales to minors.
SB546, s. 42
4Section
42. 254.914 (5) of the statutes is created to read:
SB546,15,65
254.914
(5) Upon request, the department shall provide a current list of
6persons or establishments that are licensed under this section.
SB546, s. 43
7Section
43. 254.914 (8) of the statutes is created to read:
SB546,15,128
254.914
(8) If the department imposes a forfeiture on or revokes the license of
9a person under sub. (7), the department shall promptly mail notice of the forfeiture
10imposition or license revocation to the department of revenue and to the local health
11department that is designated as the department's agent under s. 254.916 whose
12jurisdiction, if so designated, includes the retailer.
SB546, s. 44
13Section
44. 254.916 of the statutes is created to read:
SB546,16,2
14254.916 Agent status for local health departments. (1) In the
15administration of this subchapter, the department may enter into a written
16agreement with a local health department with a jurisdictional area that has a
17population of more than 5,000, which designates the local health department as the
18department's agent in issuing or, if applicable, suspending licenses under s. 254.914
19and making investigations or inspections of retailers, tobacco vending machine
20operators, tobacco vending machine premises and tobacco vending machines. In a
21jurisdictional area of a local health department that is not so designated, the
22department of health and family services may issue licenses, collect licenses fees and
23make investigations or inspections of retailers, tobacco vending machine operators,
24tobacco vending machine premises and tobacco vending machines. If the department
25designates a local health department as its agent, the department or local health
1department may require no license for the same operations other than the license
2issued by the local health department.
SB546,16,13
3(2) A local health department that is designated as the department's agent
4under this section, in conducting inspections authorized under sub. (1), may
5authorize the use of minors aged 14 to 17, who are supervised by an adult, to assist
6in performance of governmental or nongovernmental research to monitor
7compliance with s. 254.92. The local health department or a law enforcement officer
8may solicit minors aged 14 to 17 to conduct undercover operations to purchase or
9attempt to purchase cigarettes or tobacco products. The local health department or
10a law enforcement officer shall inspect signs or notices required under s. 254.92 (1)
11(b) and the placement of tobacco vending machines as required under s. 254.92 (1)
12(c). The local health department shall annually conduct all of the following random,
13unannounced inspections:
SB546,16,1414
(a) On licensees whose premises are not taverns, at least 2 inspections.