SB 285

This bill makes the following changes related to the Department of Revenue's

enforcement and administration of the laws under its purview:

License to sell cigarettes or tobacco products

The bill creates requirements relating to retail licenses to sell cigarettes or

tobacco products.

Under current law, a person must obtain an annual license from the person's

city, village, or town (municipality) before selling cigarettes or tobacco products.

Under the bill, DOR must create an application form for such licenses. The form

must include the applicant's history relevant to the applicant's fitness to hold a

license; the kind of retailer license for which the applicant is applying; the premises

where cigarettes or tobacco products will be sold or stored; if the applicant is a

corporation, the identity of the corporate officers and agent; if the applicant is a

limited liability company, the identity of the company members or managers and

agent; the applicant's trade name, if any; whether the applicant will sell, exchange,

barter, dispose of, or give away the cigarette or tobacco products over the counter or

in a vending machine, or both; and any other information required by DOR.

The bill requires an applicant for a retail license to sell cigarettes or tobacco

products to use the form created by DOR. An applicant must also sign the application

and notify the municipality of any changes in information to the application within

10 days of the change. In addition, the bill requires the municipality to keep all

submitted applications for at least four years.

Under the bill, a retail license to sell cigarettes or tobacco may be issued only

if the applicant has not been a habitual law offender or been convicted of a felony,

unless pardoned; the applicant has submitted the proof required by DOR under

current law relating to the collection of sales and use tax; and the applicant is at least

18 years old. If the applicant is a business entity that has been convicted of a crime,

the business entity may not receive a retail license unless it has terminated its

relationship with the individuals whose actions directly contributed to the

conviction.

The bill also requires municipalities that issue retail licenses to sell cigarettes

or tobacco to submit a list annually to DOR with a list of those licenses and certain

information relating to the licenses and licensees, which DOR must post on its

Internet site.

Finally, the bill requires a licensee to place the licensee's retail license in a

frame with a transparent front and to conspicuously display the license at all times

in the room or place where the licensed activity takes place.

Forfeitures for alcohol beverage violations

The bill creates an administrative procedure under which DOR may assess and

collect administrative forfeitures for alcohol beverage violations.

Current law provides as a general penalty for violating the state's alcohol