AB100: Bill Text

AB100, s. 1922 Section 1922. 125.145 of the statutes is amended to read:

AB100,920,6 125.145 Prosecutions by attorney general or department. Upon request by the secretary of revenue, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this chapter. The department may represent this state in prosecuting any violation of s. 125.54 (7) (a) or (b) and shall bring any such action in the circuit court for Dane County.

AB100, s. 1923 Section 1923. 125.15 of the statutes is created to read:

AB100,920,15 125.15 Actions against intoxicating liquor wholesalers. If any intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association makes a written complaint to the department under s. 125.12 (6) of a violation of s. 125.54 (7) (a), and the department has not rendered a decision within the time periods specified in s. 125.12 (6) (c) and (d), the complaining party may bring an action to enforce the provisions of s. 125.54 (7) and shall be entitled to recover reasonable attorney fees if found to be the prevailing party.

AB100, s. 1924 Section 1924. 125.54 (7) of the statutes is created to read:

AB100,920,21 125.54 (7) Bona fide wholesalers. (a) 1. The premises described in a permit issued under this section shall be capable of warehousing intoxicating liquor. Any intoxicating liquor sold by the permittee shall be physically unloaded at the premises described in the permit prior to being delivered to a retail licensee or permittee or to another wholesaler.

AB100,921,3 2. A permittee under this section shall annually sell and deliver intoxicating liquor to at least 10 retail licensees or permittees that do not have any direct or indirect interest in each other or in the permittee under this section. The department shall not issue a permit under this section unless the applicant represents to the department an intention to satisfy this requirement, and shall not renew a permit issued under this section unless the permittee demonstrates that this requirement has been satisfied.

AB100,921,6 (b) No intoxicating liquor retail licensee or permittee may receive a benefit from a violation under par. (a) with knowledge of the circumstances giving rise to the violation.

AB100,921,12 (c) 1. In addition to imposing any penalty provided under s. 125.11, a court may order a wholesaler who violates this subsection to forfeit an amount equal to any profit gained by the wholesaler or by a retail licensee or permittee that violates par. (b), or by both, resulting from the violation, and the court may further order that the wholesaler's permit be revoked except that, if the wholesaler violates par. (a) 2., the permit shall be revoked.

AB100,921,17 2. In addition to imposing any penalty provided under s. 125.11, a court may order a retail licensee or permittee who violates this subsection to forfeit an amount equal to any profit gained by the retail licensee or permittee resulting from the violation, and the court may further order that the retail license or permit be revoked.

AB100,921,20 3. This paragraph shall not affect the authority of any municipality or the department to revoke, suspend, or refuse to renew or issue a license or permit under s. 125.12.

AB100,922,4 (d) The department shall promulgate rules to administer and enforce the requirements under this subsection. The rules shall ensure coordination between the department's issuance and renewal of permits under this section and its enforcement of the requirements of this subsection, and shall require that all applications for issuance or renewal of permits under this section be processed by department personnel generally familiar with activities of intoxicating liquor wholesalers. The department shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under this section and for periodic site inspections by the department of such warehouse facilities.

AB100, s. 1925 Section 1925. 134.65 (1) of the statutes is amended to read:

AB100,922,13 134.65 (1) No person, except a person who holds a valid permit under s. 139.345 or 139.795 and who sells cigarettes or tobacco products solely as a direct marketer, shall in any manner, or upon any pretense, or by any device, directly or indirectly sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away any cigarettes or tobacco products to any person not holding a license as herein provided or a permit under ss. 139.30 to 139.41 or 139.79 without first obtaining a license from the clerk of the city, village or town wherein such privilege is sought to be exercised.

AB100, s. 1926 Section 1926. 134.65 (1n) of the statutes is created to read:

AB100,922,17 134.65 (1n) (a) The department of revenue shall prepare an application form for licenses issued under this section. In addition to the information required under sub. (1m), the form shall require all of the following information:

AB100,922,19 1. The applicant's history relevant to the applicant's fitness to hold a license under this section.

AB100,922,20 2. The kind of license for which the applicant is applying.

AB100,922,21 3. The premises where cigarettes or tobacco products will be sold or stored.

AB100,922,23 4. If the applicant is a corporation, the identity of the corporate officers and agent.

AB100,922,25 5. If the applicant is a limited liability company, the identity of the company members or managers and agent.

AB100,923,1 6. The applicant's trade name, if any.

AB100,923,2 7. Any other information required by the department.

AB100,923,4 (b) The department of revenue shall provide 1 copy of each application prepared under this subsection to each city, village, and town.

AB100,923,6 (c) Each applicant for a license under this section shall use the application form prepared under this subsection.

AB100,923,9 (d) 1. Each application for a license under this section shall be sworn to by the applicant and the applicant shall submit the application with the clerk of the city, village, or town where the intended place of sale is located.

AB100,923,12 2. Within 10 days of any change in any fact set forth in an application, the applicant or license holder shall file a written description of the change with the clerk of the city, village, or town where the application was submitted.

AB100,923,16 3. Any person may inspect applications submitted under this paragraph. The clerk of each city, village, or town where such applications are submitted shall retain all applications submitted under this paragraph, but may destroy all applications that have been retained for 5 years or longer.

AB100, s. 1927 Section 1927. 134.65 (1r) of the statutes is created to read:

AB100,923,19 134.65 (1r) (a) No license under sub. (1) may be issued to any person to whom any of the following applies:

AB100,923,21 1. Subject to ss. 111.321, 111.322, and 111.335, the person has an arrest record or a conviction record.

AB100,923,23 2. 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.

AB100,923,24 3. The person has not submitted proof as provided under s. 77.61 (11).

AB100,924,6 (b) The requirements under par. (a) apply to all partners of a partnership, all members of limited liability company, all agents 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 license under sub. (1) unless the entity has terminated its relationship with the individuals whose actions directly contributed to the conviction.

AB100, s. 1928 Section 1928. 134.65 (2) (a) of the statutes is amended to read:

AB100,924,13 134.65 (2) (a) Except Subject to sub. (1r), and except as provided in par. (b), upon filing of a proper written application a license shall be issued on July 1 of each year or when applied for and continue in force until the following June 30 unless sooner revoked. The city, village or town may charge a fee for the license of not less than $5 nor more than $100 per year which shall be paid to the city, village or town treasurer before the license is issued.

AB100, s. 1929 Section 1929. 134.65 (5) of the statutes is amended to read:

AB100,925,2 134.65 (5) Any person violating this section shall be fined not more than $100 $1,000 nor less than $25 $500 for the first offense and not more than $200 $5,000 nor less than $25 $1,000 or imprisoned not exceeding 180 days or both for the 2nd or subsequent offense. If upon such 2nd or subsequent violation, the person so violating this section was personally guilty of a failure to exercise due care to prevent violation thereof, the person shall be fined not more than $300 nor less than $25 or imprisoned not exceeding 60 days or both. Conviction Upon conviction of a 2nd or subsequent offense, the court shall immediately terminate the license of the person convicted of being personally guilty of such failure to exercise due care and the person shall not be entitled to another license hereunder for a period of 5 years thereafter, nor shall the person in that period act as the servant or agent of a person licensed hereunder for the performance of the acts authorized by such license.

AB100, s. 1930 Section 1930. 134.66 (1) (a) of the statutes is amended to read:

AB100,925,4 134.66 (1) (a) "Cigarette" has the meaning given in s. 139.30 (1) (1m).

AB100, s. 1931 Section 1931. 134.66 (1) (am) of the statutes is created to read:

AB100,925,6 134.66 (1) (am) "Direct marketer" has the meaning given in s. 139.30 (2n).

AB100, s. 1932 Section 1932. 134.66 (2) (a) of the statutes is amended to read:

AB100,925,16 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes or tobacco products to any person under the age of 18, except as provided in s. 254.92 (2) (a). A vending machine operator is not liable under this paragraph for the purchase of cigarettes or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.

AB100, s. 1933 Section 1933. 134.66 (2) (am) of the statutes is amended to read:

AB100,925,25 134.66 (2) (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes or tobacco products to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.

AB100, s. 1934 Section 1934. 134.66 (2) (d) of the statutes is amended to read:

AB100,926,4 134.66 (2) (d) No manufacturer, direct marketer, distributor, jobber, subjobber or retailer, or their employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.

AB100, s. 1935 Section 1935. 134.66 (2) (e) of the statutes is amended to read:

AB100,926,7 134.66 (2) (e) No retailer or direct marketer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under s. 139.32 (1).

AB100, s. 1936 Section 1936. 134.66 (3m) of the statutes is created to read:

AB100,926,11 134.66 (3m) Defense of direct marketer. Proof of all of the following facts by a direct marketer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation under sub. (2) (a):

AB100,926,13 (a) That the direct marketer used a mechanism, approved by the department of revenue, for verifying the age of the purchaser.

AB100,926,15 (b) That the purchaser falsely represented that he or she had attained the age of 18 and presented a copy or facsimile of an identification card.

AB100,926,17 (c) That the name and birthdate of the purchaser, as indicated by the purchaser, matched the name and birthdate on the identification presented under par. (b).

AB100,926,20 (d) That the sale was made in good faith, in reasonable reliance on the mechanism described in par. (a) and the representation and identification under pars. (b) and (c), and in the belief that the purchaser had attained the age of 18.

AB100, s. 1937 Section 1937. 134.71 (12) of the statutes is amended to read:

AB100,927,3 134.71 (12) Applications and forms. The department of agriculture, trade, and consumer protection rural resources, in consultation with the department of justice, shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department of agriculture, trade, and rural resources shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers, and secondhand jewelry dealers at no cost.

AB100, s. 1938 Section 1938. 136.03 (title) of the statutes is amended to read:

AB100,927,6 136.03 (title) Duties of the department of agriculture, trade and consumer protection justice.

AB100, s. 1939 Section 1939. 136.03 (1) (intro.) of the statutes is amended to read:

AB100,927,12 136.03 (1) (intro.) The department of agriculture, trade and consumer protection justice shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department of justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department of justice may in on behalf of the state:

AB100, s. 1940 Section 1940. 136.04 of the statutes is amended to read:

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: