AB100,920,2117 125.54 (7) Bona fide wholesalers. (a) 1. The premises described in a permit
18issued under this section shall be capable of warehousing intoxicating liquor. Any
19intoxicating liquor sold by the permittee shall be physically unloaded at the premises
20described in the permit prior to being delivered to a retail licensee or permittee or to
21another wholesaler.
AB100,921,322 2. A permittee under this section shall annually sell and deliver intoxicating
23liquor to at least 10 retail licensees or permittees that do not have any direct or
24indirect interest in each other or in the permittee under this section. The department
25shall not issue a permit under this section unless the applicant represents to the

1department an intention to satisfy this requirement, and shall not renew a permit
2issued under this section unless the permittee demonstrates that this requirement
3has been satisfied.
AB100,921,64 (b) No intoxicating liquor retail licensee or permittee may receive a benefit from
5a violation under par. (a) with knowledge of the circumstances giving rise to the
6violation.
AB100,921,127 (c) 1. In addition to imposing any penalty provided under s. 125.11, a court may
8order a wholesaler who violates this subsection to forfeit an amount equal to any
9profit gained by the wholesaler or by a retail licensee or permittee that violates par.
10(b), or by both, resulting from the violation, and the court may further order that the
11wholesaler's permit be revoked except that, if the wholesaler violates par. (a) 2., the
12permit shall be revoked.
AB100,921,1713 2. In addition to imposing any penalty provided under s. 125.11, a court may
14order a retail licensee or permittee who violates this subsection to forfeit an amount
15equal to any profit gained by the retail licensee or permittee resulting from the
16violation, and the court may further order that the retail license or permit be
17revoked.
AB100,921,2018 3. This paragraph shall not affect the authority of any municipality or the
19department to revoke, suspend, or refuse to renew or issue a license or permit under
20s. 125.12.
AB100,922,421 (d) The department shall promulgate rules to administer and enforce the
22requirements under this subsection. The rules shall ensure coordination between
23the department's issuance and renewal of permits under this section and its
24enforcement of the requirements of this subsection, and shall require that all
25applications for issuance or renewal of permits under this section be processed by

1department personnel generally familiar with activities of intoxicating liquor
2wholesalers. The department shall establish by rule minimum requirements for
3warehouse facilities on premises described in permits issued under this section and
4for periodic site inspections by the department of such warehouse facilities.
AB100, s. 1925 5Section 1925. 134.65 (1) of the statutes is amended to read:
AB100,922,136 134.65 (1) No person, except a person who holds a valid permit under s. 139.345
7or 139.795 and who sells cigarettes or tobacco products solely as a direct marketer,

8shall in any manner, or upon any pretense, or by any device, directly or indirectly sell,
9expose for sale, possess with intent to sell, exchange, barter, dispose of or give away
10any cigarettes or tobacco products to any person not holding a license as herein
11provided or a permit under ss. 139.30 to 139.41 or 139.79 without first obtaining a
12license from the clerk of the city, village or town wherein such privilege is sought to
13be exercised.
AB100, s. 1926 14Section 1926. 134.65 (1n) of the statutes is created to read:
AB100,922,1715 134.65 (1n) (a) The department of revenue shall prepare an application form
16for licenses issued under this section. In addition to the information required under
17sub. (1m), the form shall require all of the following information:
AB100,922,1918 1. The applicant's history relevant to the applicant's fitness to hold a license
19under this section.
AB100,922,2020 2. The kind of license for which the applicant is applying.
AB100,922,2121 3. The premises where cigarettes or tobacco products will be sold or stored.
AB100,922,2322 4. If the applicant is a corporation, the identity of the corporate officers and
23agent.
AB100,922,2524 5. If the applicant is a limited liability company, the identity of the company
25members or managers and agent.
AB100,923,1
16. The applicant's trade name, if any.
AB100,923,22 7. Any other information required by the department.
AB100,923,43 (b) The department of revenue shall provide 1 copy of each application prepared
4under this subsection to each city, village, and town.
AB100,923,65 (c) Each applicant for a license under this section shall use the application form
6prepared under this subsection.
AB100,923,97 (d) 1. Each application for a license under this section shall be sworn to by the
8applicant and the applicant shall submit the application with the clerk of the city,
9village, or town where the intended place of sale is located.
AB100,923,1210 2. Within 10 days of any change in any fact set forth in an application, the
11applicant or license holder shall file a written description of the change with the clerk
12of the city, village, or town where the application was submitted.
AB100,923,1613 3. Any person may inspect applications submitted under this paragraph. The
14clerk of each city, village, or town where such applications are submitted shall retain
15all applications submitted under this paragraph, but may destroy all applications
16that have been retained for 5 years or longer.
AB100, s. 1927 17Section 1927. 134.65 (1r) of the statutes is created to read:
AB100,923,1918 134.65 (1r) (a) No license under sub. (1) may be issued to any person to whom
19any of the following applies:
AB100,923,2120 1. Subject to ss. 111.321, 111.322, and 111.335, the person has an arrest record
21or a conviction record.
AB100,923,2322 2. Subject to ss. 111.321, 111.322, and 111.335, the person has been convicted
23of a felony, or as a repeat or habitual offender, unless pardoned.
AB100,923,2424 3. The person has not submitted proof as provided under s. 77.61 (11).
AB100,924,6
1(b) The requirements under par. (a) apply to all partners of a partnership, all
2members of limited liability company, all agents of a limited liability company or
3corporation, and all officers of a corporation. Subject to ss. 111.321, 111.322, and
4111.335, if a business entity has been convicted of a crime, the entity may not be
5issued a license under sub. (1) unless the entity has terminated its relationship with
6the individuals whose actions directly contributed to the conviction.
AB100, s. 1928 7Section 1928. 134.65 (2) (a) of the statutes is amended to read:
AB100,924,138 134.65 (2) (a) Except Subject to sub. (1r), and except as provided in par. (b),
9upon filing of a proper written application a license shall be issued on July 1 of each
10year or when applied for and continue in force until the following June 30 unless
11sooner revoked. The city, village or town may charge a fee for the license of not less
12than $5 nor more than $100 per year which shall be paid to the city, village or town
13treasurer before the license is issued.
AB100, s. 1929 14Section 1929. 134.65 (5) of the statutes is amended to read:
AB100,925,215 134.65 (5) Any person violating this section shall be fined not more than $100
16$1,000 nor less than $25 $500 for the first offense and not more than $200 $5,000 nor
17less than $25 $1,000 or imprisoned not exceeding 180 days or both for the 2nd or
18subsequent offense. If upon such 2nd or subsequent violation, the person so violating
19this section was personally guilty of a failure to exercise due care to prevent violation
20thereof, the person shall be fined not more than $300 nor less than $25 or imprisoned
21not exceeding 60 days or both. Conviction
Upon conviction of a 2nd or subsequent
22offense, the court
shall immediately terminate the license of the person convicted of
23being personally guilty of such failure to exercise due care and the person shall not
24be entitled to another license hereunder for a period of 5 years thereafter, nor shall

1the person in that period act as the servant or agent of a person licensed hereunder
2for the performance of the acts authorized by such license.
AB100, s. 1930 3Section 1930. 134.66 (1) (a) of the statutes is amended to read:
AB100,925,44 134.66 (1) (a) "Cigarette" has the meaning given in s. 139.30 (1) (1m).
AB100, s. 1931 5Section 1931. 134.66 (1) (am) of the statutes is created to read:
AB100,925,66 134.66 (1) (am) "Direct marketer" has the meaning given in s. 139.30 (2n).
AB100, s. 1932 7Section 1932. 134.66 (2) (a) of the statutes is amended to read:
AB100,925,168 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or
9subjobber, no agent, employee or independent contractor of a retailer, direct
10marketer,
manufacturer, distributor, jobber or subjobber and no agent or employee
11of an independent contractor may sell or provide for nominal or no consideration
12cigarettes or tobacco products to any person under the age of 18, except as provided
13in s. 254.92 (2) (a). A vending machine operator is not liable under this paragraph
14for the purchase of cigarettes or tobacco products from his or her vending machine
15by a person under the age of 18 if the vending machine operator was unaware of the
16purchase.
AB100, s. 1933 17Section 1933. 134.66 (2) (am) of the statutes is amended to read:
AB100,925,2518 134.66 (2) (am) No retailer, direct marketer, manufacturer, distributor, jobber,
19subjobber, no agent, employee or independent contractor of a retailer, direct
20marketer,
manufacturer, distributor, jobber or subjobber and no agent or employee
21of an independent contractor may provide for nominal or no consideration cigarettes
22or tobacco products to any person except in a place where no person younger than 18
23years of age is present or permitted to enter unless the person who is younger than
2418 years of age is accompanied by his or her parent or guardian or by his or her spouse
25who has attained the age of 18 years.
AB100, s. 1934
1Section 1934. 134.66 (2) (d) of the statutes is amended to read:
AB100,926,42 134.66 (2) (d) No manufacturer, direct marketer, distributor, jobber, subjobber
3or retailer, or their employees or agents, may provide cigarettes or tobacco products
4for nominal or no consideration to any person under the age of 18.
AB100, s. 1935 5Section 1935. 134.66 (2) (e) of the statutes is amended to read:
AB100,926,76 134.66 (2) (e) No retailer or direct marketer may sell cigarettes in a form other
7than as a package or container on which a stamp is affixed under s. 139.32 (1).
AB100, s. 1936 8Section 1936. 134.66 (3m) of the statutes is created to read:
AB100,926,119 134.66 (3m) Defense of direct marketer. Proof of all of the following facts by
10a direct marketer who sells cigarettes or tobacco products to a person under the age
11of 18 is a defense to any prosecution for a violation under sub. (2) (a):
AB100,926,1312 (a) That the direct marketer used a mechanism, approved by the department
13of revenue, for verifying the age of the purchaser.
AB100,926,1514 (b) That the purchaser falsely represented that he or she had attained the age
15of 18 and presented a copy or facsimile of an identification card.
AB100,926,1716 (c) That the name and birthdate of the purchaser, as indicated by the purchaser,
17matched the name and birthdate on the identification presented under par. (b).
AB100,926,2018 (d) That the sale was made in good faith, in reasonable reliance on the
19mechanism described in par. (a) and the representation and identification under
20pars. (b) and (c), and in the belief that the purchaser had attained the age of 18.
AB100, s. 1937 21Section 1937. 134.71 (12) of the statutes is amended to read:
AB100,927,322 134.71 (12) Applications and forms. The department of agriculture, trade, and
23consumer protection rural resources, in consultation with the department of justice,
24shall develop applications and other forms required under subs. (5) (intro.) and (8)
25(c). The department of agriculture, trade, and rural resources shall print a sufficient

1number of applications and forms to provide to counties and municipalities for
2distribution to pawnbrokers, secondhand article dealers, and secondhand jewelry
3dealers at no cost.
AB100, s. 1938 4Section 1938. 136.03 (title) of the statutes is amended to read:
AB100,927,6 5136.03 (title) Duties of the department of agriculture, trade and
6consumer protection
justice.
AB100, s. 1939 7Section 1939. 136.03 (1) (intro.) of the statutes is amended to read:
AB100,927,128 136.03 (1) (intro.) The department of agriculture, trade and consumer
9protection
justice shall investigate violations of this chapter and of rules and orders
10issued under s. 136.04. The department of justice may subpoena persons and records
11to facilitate its investigations, and may enforce compliance with such subpoenas as
12provided in s. 885.12. The department of justice may in on behalf of the state:
AB100, s. 1940 13Section 1940. 136.04 of the statutes is amended to read:
AB100,927,17 14136.04 Powers of the department of agriculture, trade and consumer
15protection
justice. (1) The department of agriculture, trade and consumer
16protection
justice may adopt such rules as may be required to carry out the purposes
17of this chapter.
AB100,927,21 18(2) The department of agriculture, trade and consumer protection justice after
19public hearing may issue general or special orders to carry out the purposes of this
20chapter and to determine and prohibit unfair trade practices in business or unfair
21methods of competition in business pursuant to s. 100.20 (2) to (4).
AB100, s. 1941 22Section 1941. 139.02 (1) of the statutes is amended to read:
AB100,928,223 139.02 (1) Tax imposed; rate; limitation. An occupational excise tax is imposed
24upon the removal for consumption or sale or selling of fermented malt beverages at
25the rate of $2 per barrel of 31 gallons and at a proportionate rate for any other

1quantity or fractional parts thereof. Not more than one occupational excise tax shall
2be required to be paid on any one container of fermented malt beverages.
AB100, s. 1942 3Section 1942. 139.03 (intro.) of the statutes is amended to read:
AB100,928,5 4139.03 Liquor tax. (intro.) An occupational excise tax is imposed upon the
5selling of intoxicating liquor as follows:
AB100, s. 1943 6Section 1943. 139.03 (3) of the statutes is amended to read:
AB100,928,87 139.03 (3) Not more than one occupational excise tax shall be required to be
8paid on any one container of intoxicating liquor.
AB100, s. 1944 9Section 1944. 139.05 (2) of the statutes is amended to read:
AB100,928,1610 139.05 (2) Each brewer and bottler in this state and each wholesaler of malt
11beverages within this state to whom malt beverages are shipped from outside this
12state shall on or before the fifteenth day of each month file with the secretary on
13forms prescribed by the secretary a verified return containing such information as
14may be required to compute and show the amount of occupational excise tax payable
15by the brewer, bottler or wholesaler or by the shipper for the next preceding calendar
16month on malt beverages.
AB100, s. 1945 17Section 1945. 139.05 (3) of the statutes is amended to read:
AB100,928,1918 139.05 (3) The amount of the occupational excise tax disclosed by the return
19shall accompany the return and shall be paid to the department.
AB100, s. 1946 20Section 1946. 139.06 (1) (a) of the statutes is amended to read:
AB100,929,221 139.06 (1) (a) The taxes imposed under s. 139.03 (intro.) on intoxicating liquor
22at the rates under s. 139.03 (2m) shall be paid to, and a monthly return filed with,
23the department of revenue on or before the 15th of the month following the month
24in which the tax liability is incurred. An administrative fee of 3 11 cents per gallon
25on intoxicating liquor taxed at the rates under s. 139.03 (2m) is imposed, shall be paid

1along with the taxes and shall be deposited in the appropriation under s. 20.566 (1)
2(ha).
AB100, s. 1947 3Section 1947. 139.09 of the statutes is amended to read:
AB100,929,7 4139.09 Registration. Every brewer, bottler, manufacturer, rectifier,
5wholesaler or retailer liable for payment of the occupational excise tax imposed in
6ss. 139.01 to 139.25 shall hold a valid certificate under s. 73.03 (50). The secretary
7shall assign the person a registration number.
AB100, s. 1948 8Section 1948. 139.30 (1) of the statutes is renumbered 139.30 (1m).
AB100, s. 1949 9Section 1949. 139.30 (1d) of the statutes is created to read:
AB100,929,1410 139.30 (1d) "Bonded direct marketer" means any person who acquires
11unstamped cigarettes from the manufacturer thereof, affixes stamps to the packages
12or other containers, stores them and sells them by direct marketing to consumers for
13their own personal use and who may also acquire stamped cigarettes from
14manufacturers or distributors for such sales.
AB100, s. 1950 15Section 1950. 139.30 (1s) of the statutes is created to read:
AB100,929,1816 139.30 (1s) "Consumer" means any individual who receives cigarettes for his
17or her personal use or consumption or any individual who has title to or possession
18of cigarettes for any purpose other than for sale or resale.
AB100, s. 1951 19Section 1951. 139.30 (2n) of the statutes is created to read:
AB100,929,2120 139.30 (2n) "Direct marketer" means a bonded direct marketer or a nonbonded
21direct marketer.
AB100, s. 1952 22Section 1952. 139.30 (2p) of the statutes is created to read:
AB100,930,223 139.30 (2p) "Direct marketing" means publishing or making accessible an offer
24for the sale of cigarettes to consumers in this state, or selling cigarettes to consumers

1in this state, using any means by which the consumer is not physically present at the
2time of sale on a premise that sells cigarettes.
AB100, s. 1953 3Section 1953. 139.30 (3) of the statutes is amended to read:
AB100,930,84 139.30 (3) "Distributor" means any person who acquires unstamped cigarettes
5from the manufacturer thereof, affixes stamps to the packages or other containers,
6stores them and sells them to other permittees or to retailers for resale or and who
7acquires may acquire stamped cigarettes from another permittee manufacturers or
8distributors
for such sales.
AB100, s. 1954 9Section 1954. 139.30 (4n) of the statutes is created to read:
AB100,930,1010 139.30 (4n) "Identification card" has the meaning given in s. 134.66 (1) (c).
AB100, s. 1955 11Section 1955. 139.30 (7) of the statutes is amended to read:
AB100,930,1412 139.30 (7) "Manufacturer" means any person who directly manufactures
13cigarettes for the purpose of sale, including the authorized agent of a person who
14directly manufactures cigarettes for the purpose of sale.
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