Wisconsin Statewide Rule
Wisconsin Vape Retail and Licensing Requirements
Key Facts
- Vapor Products Taxed
- Vapor products taxed at $0.05 per milliliter
- Retailers Hold State
- Retailers must hold a state and municipal license
- Wis Stat 13466
- Wis. Stat. 134.66 bars sales to under-21
- Self-Service Vape Displays
- Self-service vape displays generally prohibited
- Department Revenue Oversees
- Department of Revenue oversees compliance
Summary
Wisconsin regulates electronic vaping devices under its tobacco statutes, requiring retailer licenses, age-verification, and excise taxes on vapor products, with state law preempting most local retail rules under 134.66.
The uniform licensing of cigarette, electronic vaping devices, 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.
Full Breakdown
Vapor products are defined and taxed under Wis. Stat. 139.75 and following, including a $0.05-per-milliliter excise tax on nicotine vapor liquid. Retailers selling cigarettes, tobacco, or vapor products must hold a license from the municipality and comply with Wis. Stat. 134.66, which mandates verification of customer age, prohibits self-service displays of cigarettes outside of adult-only stores, and bars sales to anyone under 21. Vending machine sales are limited to areas where minors are not permitted. Retailers must train employees and post required signage. The Department of Revenue audits compliance and may suspend or revoke licenses for violations.
Violations & Penalties
Sale to a person under 21 is punishable by fines up to $500 for a first offense, escalating with prior violations, and may result in suspension or revocation of the retail license. Operating without a license is a separate violation with fines and potential closure.
Frequently Asked Questions
Are vape shops licensed in Wisconsin?
Can I display vape products in self-service?
Sources
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