139.345 Direct marketing.

360 words·~2 min read·/wi/chapter-139/139-345-2

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

(a)No person may sell cigarettes to consumers in this state as a direct marketer unless the person submits to the department the person’s name, trade name, address of the person’s principal place of business, phone number, e-mail address, and website address.

(b)No person may sell cigarettes as described under this section unless the person certifies to the department, in the manner prescribed by the department, that the person shall acquire stamped cigarettes from a licensed distributor or unstamped cigarettes from the manufacturer thereof, pay the tax imposed under this subchapter on all unstamped cigarettes and affix stamps to the cigarette packages or containers as provided under s. 139.32

(1), store such packages or containers, and sell only such packages or containers to consumers in this state by direct marketing; or acquire cigarettes from a distributor, to the packages or containers of which stamps have been affixed as provided under s. 139.32

(1), and sell only such packages or containers to consumers in this state by direct marketing.

(d)No person may sell cigarettes as described in this section unless the person certifies to the department, in the manner prescribed by the department, that the person shall register with credit card and debit card companies; that the invoices and all means of solicitation for all shipments of cigarette sales from the person shall bear the person’s name and address; and that the person shall provide the department any information the department considers necessary to administer this section.

(2)No person may sell cigarettes to consumers in this state by direct marketing unless the tax imposed under s. 77.52 or 77.53 is paid on the sale of such cigarettes.

(3)No person may sell cigarettes to consumers in this state unless the person does all of the following:

(a)Verifies the consumer’s name and address and that the consumer is at least 18 years of age by any of the following methods:

1. The person uses a database that includes information based on public records.

2. The person receives from the consumer, at the time of purchase, a copy of a government issued identification.