AB100: Bill Text

AB100,927,17 136.04 Powers of the department of agriculture, trade and consumer protection justice. (1) The department of agriculture, trade and consumer protection justice may adopt such rules as may be required to carry out the purposes of this chapter.

AB100,927,21 (2) The department of agriculture, trade and consumer protection justice after public hearing may issue general or special orders to carry out the purposes of this chapter and to determine and prohibit unfair trade practices in business or unfair methods of competition in business pursuant to s. 100.20 (2) to (4).

AB100, s. 1941 Section 1941. 139.02 (1) of the statutes is amended to read:

AB100,928,2 139.02 (1) Tax imposed; rate; limitation. An occupational excise tax is imposed upon the removal for consumption or sale or selling of fermented malt beverages at the rate of $2 per barrel of 31 gallons and at a proportionate rate for any other quantity or fractional parts thereof. Not more than one occupational excise tax shall be required to be paid on any one container of fermented malt beverages.

AB100, s. 1942 Section 1942. 139.03 (intro.) of the statutes is amended to read:

AB100,928,5 139.03 Liquor tax. (intro.) An occupational excise tax is imposed upon the selling of intoxicating liquor as follows:

AB100, s. 1943 Section 1943. 139.03 (3) of the statutes is amended to read:

AB100,928,8 139.03 (3) Not more than one occupational excise tax shall be required to be paid on any one container of intoxicating liquor.

AB100, s. 1944 Section 1944. 139.05 (2) of the statutes is amended to read:

AB100,928,16 139.05 (2) Each brewer and bottler in this state and each wholesaler of malt beverages within this state to whom malt beverages are shipped from outside this state shall on or before the fifteenth day of each month file with the secretary on forms prescribed by the secretary a verified return containing such information as may be required to compute and show the amount of occupational excise tax payable by the brewer, bottler or wholesaler or by the shipper for the next preceding calendar month on malt beverages.

AB100, s. 1945 Section 1945. 139.05 (3) of the statutes is amended to read:

AB100,928,19 139.05 (3) The amount of the occupational excise tax disclosed by the return shall accompany the return and shall be paid to the department.

AB100, s. 1946 Section 1946. 139.06 (1) (a) of the statutes is amended to read:

AB100,929,2 139.06 (1) (a) The taxes imposed under s. 139.03 (intro.) on intoxicating liquor at the rates under s. 139.03 (2m) shall be paid to, and a monthly return filed with, the department of revenue on or before the 15th of the month following the month in which the tax liability is incurred. An administrative fee of 3 11 cents per gallon on intoxicating liquor taxed at the rates under s. 139.03 (2m) is imposed, shall be paid along with the taxes and shall be deposited in the appropriation under s. 20.566 (1) (ha).

AB100, s. 1947 Section 1947. 139.09 of the statutes is amended to read:

AB100,929,7 139.09 Registration. Every brewer, bottler, manufacturer, rectifier, wholesaler or retailer liable for payment of the occupational excise tax imposed in ss. 139.01 to 139.25 shall hold a valid certificate under s. 73.03 (50). The secretary shall assign the person a registration number.

AB100, s. 1948 Section 1948. 139.30 (1) of the statutes is renumbered 139.30 (1m).

AB100, s. 1949 Section 1949. 139.30 (1d) of the statutes is created to read:

AB100,929,14 139.30 (1d) "Bonded direct marketer" means any person who acquires unstamped cigarettes from the manufacturer thereof, affixes stamps to the packages or other containers, stores them and sells them by direct marketing to consumers for their own personal use and who may also acquire stamped cigarettes from manufacturers or distributors for such sales.

AB100, s. 1950 Section 1950. 139.30 (1s) of the statutes is created to read:

AB100,929,18 139.30 (1s) "Consumer" means any individual who receives cigarettes for his or her personal use or consumption or any individual who has title to or possession of cigarettes for any purpose other than for sale or resale.

AB100, s. 1951 Section 1951. 139.30 (2n) of the statutes is created to read:

AB100,929,21 139.30 (2n) "Direct marketer" means a bonded direct marketer or a nonbonded direct marketer.

AB100, s. 1952 Section 1952. 139.30 (2p) of the statutes is created to read:

AB100,930,2 139.30 (2p) "Direct marketing" means publishing or making accessible an offer for the sale of cigarettes to consumers in this state, or selling cigarettes to consumers in this state, using any means by which the consumer is not physically present at the time of sale on a premise that sells cigarettes.

AB100, s. 1953 Section 1953. 139.30 (3) of the statutes is amended to read:

AB100,930,8 139.30 (3) "Distributor" means any person who acquires unstamped cigarettes from the manufacturer thereof, affixes stamps to the packages or other containers, stores them and sells them to other permittees or to retailers for resale or and who acquires may acquire stamped cigarettes from another permittee manufacturers or distributors for such sales.

AB100, s. 1954 Section 1954. 139.30 (4n) of the statutes is created to read:

AB100,930,10 139.30 (4n) "Identification card" has the meaning given in s. 134.66 (1) (c).

AB100, s. 1955 Section 1955. 139.30 (7) of the statutes is amended to read:

AB100,930,14 139.30 (7) "Manufacturer" means any person who directly manufactures cigarettes for the purpose of sale, including the authorized agent of a person who directly manufactures cigarettes for the purpose of sale.

AB100, s. 1956 Section 1956. 139.30 (8d) of the statutes is created to read:

AB100,930,18 139.30 (8d) "Nonbonded direct marketer" means any person who acquires stamped cigarettes from the manufacturers or distributors, stores them, and sells them by direct marketing to consumers for their own personal use.

AB100, s. 1957 Section 1957. 139.30 (8s) of the statutes is created to read:

AB100,930,22 139.30 (8s) "Person" means any individual, sole proprietorship, partnership, limited liability company, corporation, or association, or any owner of a single-owner entity that is disregarded as a separate entity under ch. 71.

AB100, s. 1958 Section 1958. 139.30 (10) of the statutes is amended to read:

AB100,931,3 139.30 (10) "Retailer" means any person who sells, exposes for sale or possesses with intent to sell to consumers any cigarettes has the meaning given in s. 134.66 (1) (g).

AB100, s. 1959 Section 1959. 139.32 (1) of the statutes is amended to read:

AB100,931,11 139.32 (1) The tax imposed by s. 139.31 (1) shall be paid. To evidence the payment, the department shall provide stamps. A person who has paid the tax shall affix stamps of the proper denomination to each package in which cigarettes are packed, prior to the first sale within this state. First sale does not include a sale by a manufacturer to a distributor or to a bonded direct marketer or by a distributor to a permittee who has obtained department approval as provided for in s. 139.321 (1) (a) 2. The tax shall be paid only once on each package or container.

AB100, s. 1960 Section 1960. 139.32 (4) of the statutes is amended to read:

AB100,931,15 139.32 (4) In lieu of stamps the secretary may authorize impressions applied by the use of meter machines. The secretary shall prescribe by rule the type of impression and the kind of machines which may be used.

AB100, s. 1961 Section 1961. 139.32 (5) of the statutes is amended to read:

AB100,931,19 139.32 (5) Manufacturers, bonded direct marketers, and distributors having a permit from the secretary who are authorized by the department to purchase tax stamps shall receive a discount of 1.6% of the tax paid on stamp purchases.

AB100, s. 1962 Section 1962. 139.32 (5m) of the statutes is amended to read:

AB100,931,22 139.32 (5m) Distributors, bonded direct marketers, and manufacturers shall pay to the department the cost of printing and shipping those stamps.

AB100, s. 1963 Section 1963. 139.32 (6) of the statutes is amended to read:

AB100,932,3 139.32 (6) Manufacturers, bonded direct marketers, and distributors having a permit from the secretary who are authorized by the department to purchase tax stamps may purchase stamps on credit. The secretary may require manufacturers, bonded direct marketers, and distributors who purchase stamps on credit to file under the conditions prescribed by the secretary by rule.

AB100, s. 1964 Section 1964. 139.321 (1) (intro.) of the statutes is amended to read:

AB100,932,7 139.321 (1) (intro.) It is unlawful for any person to possess in excess of 400 cigarettes unless the required stamps are properly affixed as provided in ss. 139.32 (1) and 139.33 (4).

AB100, s. 1965 Section 1965. 139.321 (1) (a) 1. of the statutes is amended to read:

AB100,932,10 139.321 (1) (a) 1. Manufacturers, bonded direct marketers, distributors or warehouse operators possessing valid permits issued by the secretary.

AB100, s. 1966 Section 1966. 139.33 (3) of the statutes is amended to read:

AB100,933,2 139.33 (3) No person other than a member of the armed forces, as specified in this subsection, a licensed distributor, or a bonded direct marketer who is authorized by the department to purchase and affix tax stamps may import into this state more than 400 cigarettes on which the excise tax imposed by s. 139.31 has not been paid and the container of which does not bear proper stamps. Within 15 days, any such person importing cigarettes shall file a declaration of such cigarettes imported and shall remit therewith the tax on such cigarettes imposed by this section. Members of the armed forces shall not be required to report or pay the tax on cigarettes in their possession if such cigarettes are issued to them by the U.S. government or any of its subdivisions or were purchased in any armed forces post exchange or service store for their personal use or consumption. If the use tax imposed by this section is not paid when due, it shall become delinquent and the person liable for it shall pay, in addition, a penalty of $25 for each 200 cigarettes. Interest on the delinquent tax and penalty shall accrue at the rate of 1.5% per month or each fraction of a month from the date the tax became due until paid.

AB100, s. 1967 Section 1967. 139.34 (1) (a) of the statutes is amended to read:

AB100,933,9 139.34 (1) (a) No person may manufacture cigarettes in this state or sell cigarettes in this state as a distributor, manufacturer, jobber, vending machine operator, direct marketer, or multiple retailer and no person may operate a warehouse in this state for the storage of cigarettes for another person without first filing an application for and obtaining the proper permit to perform such operations from the department.

AB100, s. 1968 Section 1968. 139.34 (1) (b) of the statutes is repealed.

AB100, s. 1969 Section 1969. 139.34 (1) (c) (intro.) of the statutes is amended to read:

AB100,933,13 139.34 (1) (c) (intro.) Subject to ss. 111.321, 111.322 and 111.335, no No permit under this section may be granted to any person to whom any of the following applies:

AB100, s. 1970 Section 1970. 139.34 (1) (c) 1. to 6. of the statutes are repealed.

AB100, s. 1971 Section 1971. 139.34 (1) (c) 1m. of the statutes is created to read:

AB100,933,17 139.34 (1) (c) 1m. Subject to ss. 111.321, 111.322, and 111.335, the person has an arrest record or a conviction record.

AB100, s. 1972 Section 1972. 139.34 (1) (c) 2m. of the statutes is created to read:

AB100,933,20 139.34 (1) (c) 2m. Subject to ss. 111.321, 111.322, and 111.335, the person has been convicted of a felony, or as a repeat or habitual offender, unless pardoned.

AB100, s. 1973 Section 1973. 139.34 (1) (c) 3m. of the statutes is created to read:

AB100,933,23 139.34 (1) (c) 3m. The person has not submitted proof as provided under s. 77.61 (11).

AB100, s. 1974 Section 1974. 139.34 (1) (cm) of the statutes is created to read:

AB100,934,7 139.34 (1) (cm) The requirements under par. (c) apply to all partners of a partnership, all members of a limited liability company, all agents, director, and shareholders, of a limited liability company or corporation, and all officers of a corporation. Subject to ss. 111.321, 111.322, and 111.335, if a business entity has been convicted of a crime, the entity may not be issued a permit under this subsection unless the entity has terminated its relationship with the individuals whose actions directly contributed to the conviction.

AB100, s. 1975 Section 1975. 139.34 (3) of the statutes is amended to read:

AB100,934,13 139.34 (3) No distributor or bonded direct marketer may affix stamps to cigarette packages, as provided in s. 139.32, unless the distributor or bonded direct marketer certifies to the department, in a manner prescribed by the department, that the distributor or bonded direct marketer purchases cigarettes directly from a manufacturer.

AB100, s. 1976 Section 1976. 139.34 (4) of the statutes is amended to read:

AB100,934,20 139.34 (4) A separate permit shall be required of and issued to each class of permittee and the holder of any permit shall perform only the operations thereby authorized. Such permit shall not be transferable from one person to another or from one premises to another. A separate permit shall be required for each place where cigarettes are stamped or where cigarettes are stored for sale at wholesale or, through vending machines or multiple retail outlets, or by direct marketing.

AB100, s. 1977 Section 1977. 139.34 (6) of the statutes is amended to read:

AB100,934,25 139.34 (6) A vending machine operator or a multiple retailer may acquire unstamped cigarettes from the manufacturers thereof and affix the stamps to packages or other containers only if the vending machine operator or multiple retailer also holds a permit as a distributor or bonded direct marketer.

AB100, s. 1978 Section 1978. 139.34 (8) of the statutes is amended to read:

AB100,935,7 139.34 (8) The holder of a warehouse permit is entitled to store cigarettes on the premises described in the permit. The warehouse permit shall not authorize the holder to sell cigarettes. Unstamped cigarettes stored in a warehouse for a manufacturer, bonded direct marketer, or distributor may be delivered only to a person holding a permit as a manufacturer or, distributor, or bonded direct marketer who is authorized by the department to purchase and affix tax stamps.

AB100, s. 1979 Section 1979. 139.345 of the statutes is created to read:

AB100,935,14 139.345 Direct marketing. (1) (a) (intro.) No person may sell cigarettes to consumers in this state as a direct marketer or solicit sales of cigarettes to consumers in this state by direct marketing unless the person has obtained a permit from the department to make such sales or solicitations. The person shall file an application for a permit under this subsection with the department, in the manner prescribed by the department, and shall submit the following fee with the application:

AB100,935,16 1. If the person sells less than 600,000 cigarettes annually to consumers in this state by direct marketing, $500.

AB100,935,18 2. If the person sells 600,000 or more cigarettes annually to consumers in this state by direct marketing, $1,000.

AB100,935,19 (b) A permit issued under par. (a) expires on December 31 of each year.

AB100,936,4 (c) The department may not issue a permit to a person under par. (a) unless the person certifies to the department, in the manner prescribed by the department, that the person shall acquire stamped cigarettes from a licensed distributor or unstamped cigarettes from the manufacturer thereof, pay the tax imposed under this subchapter on all unstamped cigarettes and affix stamps to the cigarette packages or containers as provided under s. 139.32 (1), store such packages or containers, and sell only such packages or containers to consumers in this state by direct marketing; or acquire cigarettes from a distributor, to the packages or containers of which stamps have been affixed as provided under s. 139.32 (1), and sell only such packages or containers to consumers in this state by direct marketing.

AB100,936,11 (d) No person may be issued a permit under this subsection unless the person certifies to the department, in the manner prescribed by the department, that all cigarette sales to consumers in this state shall be credit card transactions; that the invoices and all means of solicitation for all shipments of cigarette sales from the person shall bear the person's name and address and permit ultimately issued under this subsection; and that the person shall provide the department any information the department considers necessary to administer this section.

AB100,936,14 (2) (a) No person may purchase tax stamps in excess of the number of cigarette sales specified in his or her permit under sub. (1) (a) unless the person pays the permit fee under sub. (1) (a) that is applicable to the excess amount.

AB100,936,20 (b) No person may sell cigarettes in excess of the number of cigarette sales specified in his or her permit under sub. (1) (a) unless the person pays the permit fee under sub. (1) (a) that is applicable to the excess sales. Any person who sells cigarettes in excess of the number of cigarette sales specified in his or her permit shall pay a penalty to the department of $1,000 or an amount that is equal to $50 for every 200 cigarettes, or fraction of 200 cigarettes, whichever is greater.

AB100,936,24 (3) (a) No person may sell cigarettes to consumers in this state by direct marketing unless the tax imposed under s. 139.31 (1) is paid on such cigarettes and stamps are affixed to the cigarette packages or containers as provided under s. 139.32.

AB100,937,2 (b) No person may sell cigarettes to consumers in this state by direct marketing unless the tax imposed under s. 77.52 or 77.53 is paid on the sale of such cigarettes.

AB100,937,6 (c) No person may sell cigarettes to consumers in this state by direct marketing unless the cigarette brands are approved by the department and listed in the directory of certified tobacco product manufacturers and brands as provided under s. 895.12 (2) (b).

AB100,937,9 (4) No person may sell cigarettes to a consumer in this state by direct marketing unless the person verifies the consumer's identity and that the consumer is at least 18 years of age by any of the following methods:

AB100,937,11 (a) The person uses a database, approved by the department, that includes information based on public records to verify the consumer's age and identity.