AB126, s. 14
21Section
14. 100.30 (2) (c) 1. b. of the statutes is renumbered 100.30 (2) (c) 2m.
22and amended to read:
AB126,6,623
100.30
(2) (c) 2m. For every person holding a permit as a distributor as defined
24in s. 139.30 (3) or as a multiple retailer as defined in s. 139.30 (8), with respect to that
25portion of the person's business which involves the purchase and sale of cigarettes
1"cost to wholesaler" means the cost charged by the cigarette manufacturer,
2disregarding any manufacturer's discount or any discount under s. 139.32 (5), plus
3the amount of tax imposed under s. 139.31. Except for a sale at wholesale between
4wholesalers, a markup to cover a proportionate part of the cost of doing business shall
5be added to the cost to wholesaler. In the absence of proof of a lesser cost, this markup
6shall be 3% of the cost to wholesaler as set forth in this
subd. 1. b. subdivision.
AB126, s. 15
7Section
15. 100.30 (2) (c) 1g. of the statutes is repealed.
AB126, s. 16
8Section
16. 100.30 (2) (c) 1r. of the statutes is repealed.
AB126, s. 17
9Section
17. 100.30 (2) (c) 2. of the statutes is repealed.
AB126, s. 18
10Section
18. 100.30 (2) (cg) of the statutes is repealed.
AB126, s. 19
11Section
19. 100.30 (2) (cj) of the statutes is amended to read:
AB126,6,1612
100.30
(2) (cj) "Existing price of a competitor" means a price being
13simultaneously offered to a buyer for merchandise of like quality and quantity by a
14person who is a direct competitor of the retailer
,
or wholesaler
, wholesaler of motor
15vehicle fuel or refiner and from whom the buyer can practicably purchase the
16merchandise.
AB126, s. 20
17Section
20. 100.30 (2) (ck) of the statutes is created to read:
AB126,6,1918
100.30
(2) (ck) "Merchandise" means, cigarettes, other tobacco products and
19alcohol beverages.
AB126, s. 21
20Section
21. 100.30 (2) (cL) of the statutes is repealed.
AB126, s. 22
21Section
22. 100.30 (2) (cm) of the statutes is repealed.
AB126, s. 23
22Section
23. 100.30 (2) (d) of the statutes is amended to read:
AB126,7,223
100.30
(2) (d) "Replacement cost" means the cost computed as specified in par.
24(am) or (c) at which the merchandise sold could have been bought by the retailer
, or 25wholesaler
or wholesaler of motor vehicle fuel at any time if bought in the same
1quantity as the retailer's
, or wholesaler's
or wholesaler of motor vehicle fuel's last
2purchase of the said merchandise.
AB126, s. 24
3Section
24. 100.30 (2) (f) of the statutes is amended to read:
AB126,7,94
100.30
(2) (f)
With respect to the sale of merchandise other than motor vehicle
5fuel, "retailer" "Retailer" and "wholesaler" shall both be applied to any merchant who
6buys merchandise for resale at retail from the manufacturer or producer thereof and
7to any wholesaler under par. (L) 2. and, as to that merchandise or that wholesaler,
8the terms "cost to retailer" and "cost to wholesaler" as defined in pars. (am) and (c)
9shall both be applied, including the markup requirements.
AB126, s. 25
10Section
25. 100.30 (2) (g) of the statutes is amended to read:
AB126,7,1611
100.30
(2) (g) "Sell", "sale" or "sold" includes any advertising or offer to sell or
12any transfer of merchandise where title is retained by the retailer
, or wholesaler
,
13wholesaler of motor vehicle fuel or refiner as security for the payment of the purchase
14price. In determining the selling price of merchandise by wholesalers
, wholesalers 15of motor vehicle fuel, and retailers
and refiners under this section, all fractions of a
16cent shall be carried to the next full cent.
AB126, s. 26
17Section
26. 100.30 (2) (j) of the statutes is repealed.
AB126, s. 27
18Section
27. 100.30 (2) (L) (intro.) of the statutes is amended to read:
AB126,7,2219
100.30
(2) (L) (intro.) "Wholesaler" includes every person holding a permit as
20a multiple retailer under s. 139.30 (8) and every person engaged in the business of
21making sales at wholesale
, other than sales of motor vehicle fuel at wholesale, within
22this state except as follows:
AB126, s. 28
23Section
28. 100.30 (2) (m) of the statutes is repealed.
AB126, s. 29
24Section
29. 100.30 (2m) (a) of the statutes is amended to read:
AB126,8,6
1100.30
(2m) (a) When one or more items of merchandise are furnished or sold
2in combination with or on condition of the purchase of one or more other items
of
3merchandise or of other goods, or are so advertised, all items
of merchandise shall
4be included in determining cost under sub. (2) (am) or (c); and if any of the items
5included therein are separately priced, such separate price shall be subject to the
6requirements of this section.
AB126, s. 30
7Section
30. 100.30 (2m) (b) of the statutes is amended to read:
AB126,8,158
100.30
(2m) (b)
With respect to the sale of merchandise other than motor
9vehicle fuel, any Any retailer who also sells to other retailers shall use the invoice
10cost to other retailers in computing the selling price at retail under sub. (2) (am); and
11if that retailer is a manufacturer or producer, both sub. (2) (am) and (c) shall be used
12in computing the selling price at retail. In the absence of sales to other retailers, the
13manufacturer's or producer's invoice cost to wholesalers shall be used in computing
14the manufacturer's or producer's selling price at retail as provided in sub. (2) (am)
15and (c).
AB126, s. 31
16Section
31. 100.30 (2m) (c) of the statutes is repealed.
AB126, s. 32
17Section
32. 100.30 (3) of the statutes is amended to read:
AB126,9,318
100.30
(3) Illegality of loss leaders. Any sale of any item of merchandise
19either by a retailer
, or wholesaler
, wholesaler of motor vehicle fuel or refiner, at less
20than cost as defined in this section with the intent or effect of inducing the purchase
21of other merchandise
or other goods or of unfairly diverting trade from a competitor,
22impairs and prevents fair competition, injures public welfare and is unfair
23competition and contrary to public policy and the policy of this section. Such sales
24are prohibited. Evidence of any sale of any item of merchandise by any retailer
, or 25wholesaler
, wholesaler of motor vehicle fuel or refiner at less than cost as defined in
1this section shall be prima facie evidence of intent or effect to induce the purchase
2of other merchandise
or other goods, or to unfairly divert trade from a competitor, or
3to otherwise injure a competitor.
AB126, s. 33
4Section
33. 100.30 (5) (a) of the statutes is amended to read:
AB126,9,125
100.30
(5) (a) The department may issue a special order as provided in s. 93.18
6against a retailer
, or wholesaler
, wholesaler of motor vehicle fuel or refiner requiring
7the person to cease and desist from violating this section
in the sale of cigarettes or
8other tobacco products, fermented malt beverages, intoxicating liquor or wine or
9motor vehicle fuel. The department or a district attorney may commence an action
10on behalf of the state against a retailer
, or wholesaler
, wholesaler of motor vehicle
11fuel or refiner who violates a special order issued under this paragraph to recover a
12forfeiture of not less than $200 nor more than $5,000 for each violation.
AB126, s. 34
13Section
34. 100.30 (5m) of the statutes is repealed.
AB126, s. 35
14Section
35. 100.30 (6) (a) 7. of the statutes is amended to read:
AB126,9,2015
100.30
(6) (a) 7. The price of merchandise is made in good faith to meet an
16existing price of a competitor and is based on evidence in the possession of the
17retailer
, or wholesaler
, wholesaler of motor vehicle fuel or refiner in the form of an
18advertisement, proof of sale or receipted purchase, price survey or other business
19record maintained by the retailer
, or wholesaler
, wholesaler of motor vehicle fuel or
20refiner in the ordinary course of trade or the usual conduct of business.
AB126, s. 36
21Section
36. 100.30 (6) (a) 9. of the statutes is repealed.
AB126, s. 37
22Section
37. 100.30 (7) of the statutes is repealed.
AB126, s. 38
23Section
38. 814.04 (intro.) of the statutes is amended to read:
AB126,9,25
24814.04 Items of costs. (intro.) Except as provided in ss. 93.20,
100.30 (5m), 25106.04 (6) (i) and (6m) (a), 115.80 (9), 769.313, 814.025, 814.245, 895.035 (4), 895.75
1(3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2)
2(b), when allowed costs shall be as follows: