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

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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.

(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.

(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.

(2m)Annually, no later than July 15, the clerk of a city, village, or town issuing licenses under sub.

(1d)shall submit to the department of revenue, in a manner prescribed by the department, a list of licenses issued by the city, village, or town under sub.

(1d)during the previous fiscal year. The list shall include the name, address, seller’s permit number, and trade name of the licensee and the type of license held. The department of revenue shall publish this list annually on the department’s website.

(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.

(3m)A person holding a license under sub.

(1d)shall enclose the license in a frame that has a transparent front that allows the license to be read clearly. The licensee shall conspicuously display the license for public inspection at all times in the room or place where the activity subject to licensure is carried out.

(4)Every licensed retailer shall keep complete and accurate records of all purchases and receipts of cigarettes, electronic vaping devices, 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.

(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.