134.65(4)
(4) Every licensed retailer shall keep complete and accurate records of all purchases and receipts of cigarettes and tobacco products. Such records shall be preserved on the licensed premises for 2 years in such a manner as to insure permanency and accessibility for inspection and shall be subject to inspection at all reasonable hours by authorized state and local law enforcement officials.
134.65(5)
(5) Any person violating this section shall be fined not more than $100 nor less than $25 for the first offense and not more than $200 nor less than $25 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 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.
134.66
134.66
Restrictions on sale or gift of cigarettes or tobacco products. 134.66(1)(c)
(c) "Identification card" means any of the following:
134.66(2)(a)(a) No retailer, manufacturer or distributor may sell or give cigarettes or tobacco products to any person under the age of 18, except as provided in
s. 938.983 (3). 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.
134.66(2)(b)1.1. A retailer shall post a sign in areas within his or her premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under this section and
s. 938.983.
134.66(2)(b)2.
2. A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette or tobacco product by a person under the age of 18 is unlawful under
s. 938.983 and that the purchaser is subject to a forfeiture of not to exceed $25.
134.66(2)(c)1.1. Except as provided in
par. (cm), no retailer may keep a vending machine in any public place that is open to persons under the age of 18 unless all of the following apply:
134.66(2)(c)1.a.
a. The vending machine is in a place where it is ordinarily in the immediate vicinity, plain view and control of an employe.
134.66(2)(c)1.b.
b. The vending machine is in a place where it is inaccessible to the public when the premises are closed.
134.66(2)(c)2.
2. The person who ultimately controls, governs or directs the activities within the premises where the vending machine is located shall ensure that an employe of the retailer remains in the immediate vicinity, plain view and control of the vending machine whenever the premises are open.
134.66(2)(c)3.
3. Except as provided in
subd. 4., a vending machine operator shall remove all of his or her vending machines that are located in any place prohibited by this paragraph by June 1, 1992.
134.66(2)(c)4.
4. Notwithstanding
subd. 3., if a written agreement binding on a vending machine operator governs his or her vending machine that is located in any place prohibited by this paragraph, the vending machine operator shall remove the vending machine on the date that the written agreement expires or would be extended or renewed or on May 1, 1993, whichever occurs first.
134.66(2)(cm)1.1. Notwithstanding
par. (c), no retailer may place a vending machine within 500 feet of a school.
134.66(2)(cm)2.
2. Except as provided in
subd. 3., a vending machine operator shall remove all of his or her vending machines which are located within 500 feet of a school by September 1, 1989.
134.66(2)(cm)3.
3. Notwithstanding
subd. 2., if a written agreement binding on a vending machine operator governs the location of his or her vending machine which is located within 500 feet of a school, the vending machine operator shall remove the vending machine on the date that the written agreement expires or would be extended or renewed or on May 1, 1993, whichever occurs first.
134.66(2)(d)
(d) No manufacturer, distributor, jobber, subjobber or retailer, or their employes or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.
134.66(2)(e)
(e) No retailer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under
s. 139.32 (1).
134.66(3)
(3) Defense of retailer, manufacturer and distributor. Proof of all of the following facts by a retailer, manufacturer or distributor who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of
sub. (2) (a):
134.66(3)(a)
(a) That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card.
134.66(3)(b)
(b) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18.
134.66(3)(c)
(c) That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18.
134.66(4)(a)2.
2. A person who commits a violation is subject to a forfeiture of:
134.66(4)(a)2.a.
a. Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or
134.66(4)(a)2.b.
b. Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
134.66(4)(a)3.a.
a. Not more than 3 days, if the court finds that the person committed a violation within 12 months after committing one previous violation;
134.66(4)(a)3.b.
b. Not less than 3 days nor more than 10 days, if the court finds that the person committed a violation within 12 months after committing 2 other violations; or
134.66(4)(a)3.c.
c. Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing 3 or more other violations.
134.66(4)(a)4.
4. The court shall promptly mail notice of a suspension under
subd. 3. to the department of revenue and to the clerk of each municipality which has issued a license or permit to the person.
134.66(5)
(5) Local ordinance. A county, town, village or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section. A county ordinance adopted under this subsection does not apply within any town, village or city that has adopted or adopts an ordinance under this subsection.
134.66 Annotation
The state regulatory scheme for tobacco sales preempts municipalities from adopting regulations which are not in strict conformity with those of the state. U.S. Oil, Inc. v. City of Fond du Lac, 199 W (2d) 333, 544 NW (2d) 589 (Ct. App. 1995).
134.67
134.67
Distribution and sale of DDT prohibited. No person shall distribute, sell, offer for sale or use the chemical compound DDT (dichlorodiphenyltrichloroethane) or any of its isomers except as provided in this section. In
sub. (2) "DDT" includes compounds isomeric with DDT.
134.67(2)(a)(a) In the event of the outbreak of an epidemic disease of humans or animals spread by insects which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the pesticide review board may authorize the use of DDT in controlling the epidemic upon a finding that:
134.67(2)(a)1.
1. A serious epidemic disease of humans or animals exists;
134.67(2)(a)2.
2. The disease is likely to spread rapidly unless insects which spread the disease are controlled; and
134.67(2)(b)
(b) In the event of the outbreak of a plant disease of epidemic proportions which threatens a significant portion of the affected crop and which is caused or spread by an insect which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the pesticide review board may authorize the use of DDT in controlling the epidemic upon a finding that:
134.67(2)(b)2.
2. The disease threatens a significant portion of the affected crop; and
134.67(2)(c)
(c) The pesticide review board also may authorize the use of DDT or its isomers or metabolites for specified research by educational institutions if it finds that no ecologically significant residues of DDT or its isomers or metabolites will be allowed to escape into the environment.
134.67 History
History: 1971 c. 40 s.
93;
1977 c. 203.
134.68
134.68
Dating service contracts. 134.68(1)
(1) In this section, "dating service" means a service that purports to assist a person in obtaining friendship or companionship through a program in which a person is provided an opportunity to meet other persons.
134.68(2)
(2) The seller of dating services shall give the buyer a copy of the written contract at the time that the buyer signs the contract.
134.68(3)
(3) Every contract for a dating service shall contain all of the following:
134.68(3)(a)
(a) A caption printed in boldface, uppercase type of not less than 10-point size entitled "CANCELLATION AND REFUNDS".
134.68(3)(b)
(b) A provision under the caption stating: "Right to Cancel. You are permitted to cancel this contract until midnight of the 3rd day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying.... (the seller) by any writing mailed or delivered to.... (the seller) at the address shown on the contract, within the previously described time period. If you do so cancel, any payments made by you will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by.... (the seller) and arrangements will be made to relieve you of any further obligation to pay the same."
134.68(4)
(4) Every contract for dating services shall be for a specified length of time not exceeding 2 years and shall clearly disclose the full price of the buyer's contractual obligation including any interest or other charges.
134.68(5)(a)(a) No person may collect or by contract require a buyer to pay more than $100 for dating services before the buyer receives or has the opportunity to receive those services unless the person selling dating services establishes proof of financial responsibility by maintaining any of the following commitments approved by the department of agriculture, trade and consumer protection in an amount not less than $25,000:
134.68(5)(b)
(b) The commitment described in
par. (a) shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund under the contractual provision described in
sub. (3). The person selling dating services shall file with the department of agriculture, trade and consumer protection any agreement, instrument or other document necessary to enforce the commitment against the person selling dating services or any relevant 3rd party, or both.
134.68(6)
(6) Any contract for a dating service is unenforceable against the buyer and is a violation of this section if the contract does not comply with the requirements of this section or the seller fails to perform in accordance with the contractual provisions required under this section.
