The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB167, s. 1
1Section
1. 134.24 of the statutes is created to read:
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2134.24 Restrictions on sale of recordings. (1) Definitions. In this section:
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(a) "Identification card" means any of the following:
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1. A license containing a photograph issued under ch. 343.
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2. An identification card issued under s. 343.50.
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3. An identification card issued under s. 125.08, 1987 stats.
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(b) "Labeled recording" means a recording that has a statement with a warning
8that the recording contains explicit lyrics or a recording that has a statement with
9a similar warning.
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(c) "Recording" means an audiocassette, tape, phonograph record, compact disc
11or similar device upon which is recorded a musical work.
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12(2) Restrictions on distributions. (a) No person may sell a labeled recording
13to any person under the age of 18.
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(b) A person engaged in the business of selling labeled recordings at retail shall
15post a sign in areas within the person's premises where the labeled recordings are
16sold to consumers stating that the sale of any labeled recording to a person under the
17age of 18 is unlawful under this section.
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(c) No person may give away or provide at nominal consideration labeled
19recordings as part of a promotional or advertising activity to a person under the age
20of 18.
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1(3) Defense of seller. Proof of all of the following facts by a person who sells
2labeled recordings to a person under the age of 18 is a defense to any prosecution for
3a violation of sub. (2) (a):
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(a) That the purchaser falsely represented that he or she had attained the age
5of 18 and presented an identification card.
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(b) That the appearance of the purchaser was such that an ordinary and
7prudent person would believe that the purchaser had attained the age of 18.
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(c) That the sale was made in good faith, in reasonable reliance on the
9identification card and appearance of the purchaser and in the belief that the
10purchaser had attained the age of 18.
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11(4) Restrictions on minors. Except as provided in sub. (5), no person under the
12age of 18 may do any of the following:
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(a) Buy or attempt to buy any labeled recording.
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(b) Falsely represent his or her age for the purpose of purchasing a labeled
15recording.
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16(5) Exemption for minors. A person under the age of 18 years may purchase
17labeled recordings for the sole purpose of sale in the course of employment during his
18or her working hours as an employe of a person who is engaged in the business of
19selling recordings and who holds a sales tax permit issued under s. 77.52 (9).
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20(6) Penalties. (a) In this paragraph, "violation" means a violation of sub. (2)
21(a) or (c) or a local ordinance which strictly conforms to sub. (2) (a) or (c).
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(b) A person who commits a violation is subject to a forfeiture of either of the
23following:
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1. Not more than $500 if the person has not committed a previous violation
25within 12 months of the violation.
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12. Not less than $200 nor more than $500 if the person has committed a
2previous violation within 12 months of the violation.
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(c) Whoever violates sub. (2) (b) shall forfeit not more than $25.
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(d) If the person committing the violation is an employe of a person who is
5engaged in the business of selling or distributing recordings, both the employe and
6the employer are subject to applicable forfeiture.
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7(7) Penalties; minors. (a) In this subsection, "violation" means a violation of
8sub. (4) or a local ordinance which strictly conforms to sub. (4).
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(b) A person who commits a violation is subject to a forfeiture of either of the
10following:
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1. Not more than $100 if the person has not committed a previous violation
12within 12 months of the violation.
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2. Not less than $100 nor more than $200 if the person has committed a
14previous violation within 12 months of the violation.
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15(8) Local ordinance. A county, town, village or city may enact an ordinance
16regulating the conduct regulated by this section only if it strictly conforms to this
17section. A county ordinance enacted under this subsection does not apply within any
18town, village or city that enacts or has enacted an ordinance under this subsection.
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(1)
This act takes effect on the first day of the 4th month beginning after
21publication.