134.65 Cigarette, electronic vaping devices, and tobacco products retailer license.

805 words·~4 min read·/wi/chapter-134/134-65-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1a)In this section:

(a)“Cigarette” has the meaning given in s. 139.30

(1m).

(b)“Electronic vaping device” means a device that may be used to deliver any aerosolized or vaporized liquid or other substance for inhalation, regardless of whether the liquid or other substance contains nicotine, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic vaping device” includes a component, part, or accessory of the device, and includes a liquid or other substance that may be aerosolized or vaporized by such device, regardless of whether the liquid or other substance contains nicotine. “Electronic vaping device” does not include a battery or battery charger when sold separately. “Electronic vaping device” does not include drugs, devices, or combination products authorized for sale by the U.S. food and drug administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

(c)“Tobacco products” has the meaning given in s. 139.75

(12).

(d)“Vending machine” has the meaning given in s. 139.30

(14).

(1d)No person 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, electronic vaping devices, 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.

(a)The department of revenue shall create an application form for licenses issued under sub.

(1d). The form shall require all of the following information from an applicant:

1. The applicant’s history relevant to the applicant’s fitness to hold a license under sub.

(1d).

2. The kind of license for which the applicant is applying.

3. The premises where cigarettes, electronic vaping devices, or tobacco products will be sold or stored.

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

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

6. The applicant’s trade name, if any.

7. Whether the applicant will sell, exchange, barter, dispose of, or give away the cigarettes, electronic vaping devices, or tobacco products over the counter or in a vending machine, or both.

8. Any other information required by the department of revenue.

(b)The department of revenue shall make the form prepared under this subsection available to all cities, villages, and towns.

(c)An applicant for a license under sub.

(1d)shall use the form prepared under this subsection.

(d)An application for a license under sub.

(1d)shall be signed by the applicant and the applicant shall submit the application to the clerk of the city, village, or town where the intended place of sale is located.

(e)Within 30 days of any change in any fact set forth in an application for a license under sub.

(1d), the applicant or licensee shall file a written description of the change with the clerk of the city, village, or town where the application was submitted.

(f)Any person may inspect applications for a license under sub.

(1d). The clerk of a city, village, or town where such applications are submitted shall retain all applications, except that the clerk may destroy any application that is 4 or more years old.

(a)A city, village, or town clerk may not issue a license under sub.

(1d)unless the applicant meets all of the following requirements:

1. Subject to ss. 111.321 , 111.322 , and 111.335 , the applicant has not habitually been a law offender or been convicted of a felony unless pardoned.

2. The applicant has submitted the proof required under s. 77.61

(11).

(b)The requirements under par.

(a)apply to all partners of a partnership, all members of a 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.

(1d)unless the entity has terminated its relationship with the individuals whose actions directly contributed to the conviction.

(1r)A city, village, or town clerk may not require an applicant’s signature on an application for a cigarette, electronic vaping devices, and tobacco products retailer license to be notarized. If a city, village, town, or any department of this state prepares an application form for a cigarette, electronic vaping devices, and tobacco products retailer license, the form may not require an applicant’s signature on the form to be notarized.