134.65(2)(a)(a) 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.
134.65(2)(b)
(b) In any municipality electing to come under this paragraph, upon filing of a proper written application a license shall be issued and continue in force for one year from the date of issuance 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.
134.65(3)
(3) Each such license shall name the licensee and specifically describe the premises where such business is to be conducted. Such licenses shall not be transferable from one person to another nor from one premises to another.
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.
134.65(5m)
(5m) Any person who knowingly provides materially false information in an application for a cigarette and tobacco products retailer license under this section may be required to forfeit not more than $1,000.
134.65(6)
(6) Any 1st class city may revoke, suspend, or refuse to renew any license issued under this section, as provided in sub.
(7).
134.65(7)(a)(a) Any duly authorized employee of a 1st class city issuing licenses under this section may file a sworn written complaint, supported by reports from a law enforcement agency, with the clerk of the city alleging at least 2 separate instances of one or more of the following about a person holding a license issued under this section by the city:
134.65(7)(a)2.
2. The person's premises are disorderly, riotous, indecent, or improper.
134.65(7)(a)3.
3. The person has knowingly permitted criminal behavior, including prostitution and loitering, to occur on the licensed premises.
134.65(7)(a)4.
4. The person has been convicted of any of the following:
134.65(7)(a)4.a.
a. Manufacturing, distributing, or delivering a controlled substance or controlled substance analog under s.
961.41 (1).
134.65(7)(a)4.b.
b. Possessing with intent to manufacture, distribute, or deliver, a controlled substance or controlled substance analog under s.
961.41 (1m).
134.65(7)(a)4.c.
c. Possessing with intent to manufacture, distribute, or deliver, or manufacturing, distributing, or delivering a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state.
134.65(7)(a)4.d.
d. Possessing any of the materials listed in s.
961.65 with intent to manufacture methamphetamine under that section or under a federal law or a law of another state that is substantially similar to s.
961.65.
134.65(7)(a)5.
5. The person knowingly allows another person who is on the licensed premises to do any of the actions described in subd.
4. 134.65(7)(b)
(b) Upon the filing of the complaint, the city governing body shall issue a summons, signed by the clerk and directed to any peace officer in the city. The summons shall command the person complained of to appear before the city governing body on a day and place named in the summons, not less than 3 days and not more than 10 days from the date of issuance, and show cause why his or her license should not be revoked, suspended, or not renewed. The summons and a copy of the complaint shall be served on the person complained of at least 3 days before the date on which the person is commanded to appear. Service shall be in the manner provided in ch.
801 for service in civil actions in circuit court.
134.65(7)(c)1.1. If the person does not appear as required by the summons, the allegations of the complaint shall be taken as true, and if the city governing body finds the allegations to be sufficient grounds for revocation or nonrenewal, the license shall be revoked or not renewed. The city clerk shall give notice of the revocation or nonrenewal to the person whose license is revoked or not renewed.
134.65(7)(c)2.
2. If the person appears as required by the summons and answers the complaint, both the complainant and the person complained of may produce witnesses, cross-examine witnesses, and be represented by counsel. The person complained of shall be provided a written transcript of the hearing at his or her expense. If upon the hearing the city governing body finds the allegations of the complaint to be true, and if the city governing body finds the allegations to be sufficient grounds for suspension, revocation, or nonrenewal, the license shall be suspended for not less than 10 days nor more than 90 days, revoked, or not renewed.
134.65(7)(c)3.
3. The city clerk shall give notice of each suspension, revocation, or nonrenewal to the person whose license is suspended, revoked, or not renewed.
134.65(7)(c)4.
4. If the city governing body finds the allegations of the complaint to be untrue, the complaint shall be dismissed without cost to the person complained of.
134.65(7)(d)
(d) When a license is revoked under this subsection, the revocation shall be recorded by the city clerk and no other license may be issued under this section to the person whose license was revoked within the 12 months after the date of revocation. No part of the fee paid for any license that is revoked under this subsection may be refunded.
134.65(7)(e)
(e) The action of any city governing body in suspending, revoking, or not renewing any license under this subsection, or the failure of any city governing body to suspend, revoke, or not renew any license under this subsection for good cause, may be reviewed by the circuit court for the county in which the license was issued, upon the request of any applicant or licensee. The procedure on review shall be the same as in civil actions instituted in the circuit court. The person desiring review shall file pleadings, which shall be served on the city governing body in the manner provided in ch.
801 for service in civil actions and a copy of the pleadings shall be served on the applicant or licensee. The city governing body, applicant, or licensee shall have 20 days to file an answer to the complaint. Following filing of the answer, the matter shall be deemed at issue and hearing may be had within 5 days, upon due notice served upon the opposing party. The hearing shall be before the court without a jury. Subpoenas for witnesses may be issued and their attendance compelled. The findings and order of the court shall be filed within 10 days after the hearing and a copy of the findings and order shall be transmitted to each of the parties. The order shall be final unless appeal is taken to the court of appeals.
134.65(8)
(8) The uniform licensing of cigarette and tobacco products retailers is a matter of statewide concern. A city, village, or town may adopt an ordinance regulating the issuance, suspension, revocation, or renewal of a license under this section only if the ordinance strictly conforms to this section. If a city, village, or town has in effect on May 1, 2016, an ordinance that does not strictly conform to this section, the ordinance does not apply and may not be enforced.
134.66
134.66
Restrictions on sale or gift of cigarettes or nicotine or tobacco products. 134.66(1)(c)
(c) “Identification card" means any of the following:
134.66(1)(f)
(f) “Nicotine product" means a product that contains nicotine and is not any of the following:
134.66(1)(f)3.
3. A product that has been approved by the U.S. food and drug administration for sale as a smoking cessation product or for another medical purpose and is being marketed and sold solely for such an approved purpose.
134.66(2)(a)
(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, nicotine products, 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, nicotine products, 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)(am)
(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, nicotine products, 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.
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.
254.92.
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.
254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.
134.66(2)(cm)1m.1m. A retailer or vending machine operator may not sell cigarettes or tobacco products from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 years of age is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.
134.66(2)(cm)2.
2. Notwithstanding subd.
1m., no retailer may place a vending machine within 500 feet of a school.
134.66(2)(e)
(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).
134.66(2m)(a)
(a) Except as provided in par.
(b), at the time that a retailer hires or contracts with an agent, employee, or independent contractor whose duties will include the sale of cigarettes or tobacco products, the retailer shall provide the agent, employee, or independent contractor with training on compliance with sub.
(2) (a) and
(am), including training on the penalties under sub.
(4) (a) 2. for a violation of sub.
(2) (a) or
(am). The department of health services shall make available to any retailer on request a training program developed or approved by that department that provides the training required under this paragraph. A retailer may comply with this paragraph by providing the training program developed or approved by the department of health services or by providing a comparable training program approved by that department. At the completion of the training, the retailer and the agent, employee, or independent contractor shall sign a form provided by the department of health services verifying that the agent, employee, or independent contractor has received the training, which the retailer shall retain in the personnel file of the agent, employee, or independent contractor.
134.66(2m)(b)
(b) Paragraph
(a) does not apply to an agent, employee, or independent contractor who has received the training described in par.
(a) as part of a responsible beverage server training course or a comparable training course, as described in s.
125.04 (5) (a) 5., that was successfully completed by the agent, employee, or independent contractor. The department of health services shall make the training program developed or approved by that department under par.
(a) available to the technical college system board, and that board shall include that training program or a comparable training program approved by that department in the curriculum guidelines specified by that board under s.
125.04 (5) (a) 5. The department of health services shall also make the training program developed or approved by that department under par.
(a) available to any provider of a comparable training course, as described in s.
125.04 (5) (a) 5., on request, and the department of revenue or the department of safety and professional services may approve a comparable training course under s.
125.04 (5) (a) 5. only if that training course includes the training program developed or approved by the department of health services under par.
(a) or a comparable training program approved by that department.
134.66(2m)(c)
(c) If an agent, employee, or independent contractor who has not received the training described in par.
(a) commits a violation of sub.
(2) (a) or
(am), a governmental regulatory authority, as defined in s.
254.911 (2), may issue a citation based on that violation only to the retailer that hired or contracted with the agent, employee, or independent contractor and not to the agent, employee, or independent contractor who has not received that training. If an agent, employee, or independent contractor who has received the training described in par.
(a) commits a violation of sub.
(2) (a) or
(am) for which a governmental regulatory authority issues a citation to the retailer that hired or contracted with the agent, employee, or independent contractor, the governmental regulatory authority shall also issue a citation based on that violation to the agent, employee, or independent contractor who has received that training.
134.66(3)
(3) Defense; sale to minor. Proof of all of the following facts by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, or an agent or employee of an independent contractor who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution, or a complaint made under s.
134.65 (7), 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. If a county, town, village, or city conducts unannounced investigations of retail outlets, as defined in s.
254.911 (5), to determine compliance with an ordinance adopted under this subsection, as authorized under s.
254.916 (1), the investigations shall meet the requirements of s.
254.916 (3) (a) to
(f) and any standards established by the department of health services under s.
254.916 (1) (b).
134.66 Annotation
The state regulatory scheme for tobacco sales preempts municipalities from adopting regulations that are not in strict conformity with those of the state. U.S. Oil, Inc. v. City of Fond du Lac,
199 Wis. 2d 333,
544 N.W.2d 589 (Ct. App. 1995),
95-0213.
