Wisconsin Code § 139.30

Cigarette tax; definitions
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In ss. 139.30 to 139.44,
unless the context otherwise requires:
(1d) “Bonded direct marketer” means any person who acquires unstamped cigarettes from the manufacturer thereof, affixes stamps to the packages or other containers, stores them and
sells them by direct marketing to consumers for their own personal use and who may also acquire stamped cigarettes from
manufacturers or distributors for such sales.

(1m) “Cigarette” means any roll of tobacco wrapped in paper
or any substance other than tobacco.
(1s) “Consumer” means any individual who receives cigarettes for his or her personal use or consumption or any individual
who has title to or possession of cigarettes for any purpose other
than for sale or resale.
(2) “Department” means the department of revenue.
(2n) “Direct marketer” means a bonded direct marketer or a
nonbonded direct marketer.
(2p) “Direct marketing” means publishing or making accessible an offer for the sale of cigarettes to consumers in this state,
or selling cigarettes to consumers in this state, using any means
by which the consumer is not physically present at the time of
sale on a premise that sells cigarettes.
(3) “Distributor” means any person who acquires unstamped
cigarettes from the manufacturer thereof, affixes stamps to the
packages or other containers, stores them and sells them to other
permittees or to retailers for resale or who acquires stamped cigarettes from another permittee for such sales.
(4) “Enrolled member” means a person whose name appears
on the tribal role of an Indian tribe or whose status as an enrolled
member of a tribe is recognized by the tribal council of that tribe.
(4m) “File” means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use
that other method or submit to that other destination.
(4n) “Government issued identification” includes a valid
driver’s license, state identification card, passport, or military
identification.
(5) “Indian tribe” means a federally recognized American Indian tribe or band in this state.
(6) “Jobber” means any person who acquires stamped cigarettes from manufacturers or distributors, stores them and sells
them to retailers for resale.
(7) “Manufacturer” means any person who manufactures cigarettes for the purpose of sale, including the authorized agent of a
person who manufactures cigarettes for the purpose of sale.
“Manufacturer” includes a person who owns an automated rollyour-own machine that is used to make cigarettes, but does not include an individual who owns a roll-your-own machine and uses
the machine in his or her home solely to make cigarettes for his or
her personal use or for the use of other individuals who live in his
or her home.
(8) “Multiple retailer” means any person who acquires
stamped cigarettes from manufacturers or permittees, stores them
and sells them to consumers through 10 or more retail outlets
which he or she owns and operates within or without this state.
(8d) “Nonbonded direct marketer” means any person who
acquires stamped cigarettes from the manufacturers or distributors, stores them, and sells them by direct marketing to consumers
for their own personal use.
(8m) “Pay” means mail or deliver funds to the department or,
if the department prescribes another method of submitting or another destination, use that other method or submit to that other
destination.
(8p) “Person” includes any individual, sole proprietorship,
partnership, limited liability company, corporation, or association. A single-owner entity that is disregarded as a separate entity
under ch. 71 is disregarded as a separate entity for purposes of
this subchapter.
(9) “Reservation” means all land within the boundaries of the
Bad River, Forest County Potawatomi, Lac Courte Oreilles, Lac
du Flambeau, Menominee, Mole Lake, Oneida, Red Cliff, St.
Croix and Stockbridge-Munsee reservations and the Winnebago
Indian communities.
(10) “Retailer” has the meaning given in s. 134.66 (1) (g).
(11) “Secretary” means the secretary of revenue.
(12) “Sell” or “sale” includes the transfer, gift, barter, trade or
exchange or any shift, device, scheme or transaction whereby cigarettes may be obtained and the solicitation of orders for, or the
sale for, future delivery of cigarettes.
(12m) “Sign” means write one’s signature or, if the department prescribes another method of authenticating, use that other
method.
(13) “Stamp” means the authorized indicia of cigarette tax
payment including water transfer stamps and heat applied stamps.
(13m) “Trust lands” means any lands in this state held in
trust by the U. S. government for the benefit of a tribe or a member of a tribe.
(14) “Vending machine” is any mechanical device which automatically dispenses cigarettes upon the deposit therein of specified coins in payment for such cigarettes.
(15) “Vending machine operator” means a person who acquires stamped cigarettes from manufacturers or permittees,
stores them and sells them through the medium of vending machines which he or she owns, operates or services and which are
located on premises which are owned or under the control of
other persons.
(16) “Warehouse” means the premises where any person is
lawfully engaged in the business of storing cigarettes for profit
but shall not include the premises where common carriers store
cigarettes which are received by them as common carriers and are
in transit in interstate commerce.

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