In recent years, the landscape of the tobacco industry has undergone a significant transformation with the advent of electronic vaping devices. On December 6, 2023, Govern Tony Evers signed into law Wisconsin Act 73, which will require retailers of electronic vaping devices to hold the same retail licenses that municipalities issue to traditional cigarette and tobacco retailers. Electronic vaping retailers, who do not sell any other forms of tobacco and cigarette items at their establishment, did not previously need to hold a retail license to sell electronic vaping devices solely. This change ensures that businesses selling electronic vaping products adhere to the same regulatory standards as traditional tobacco and cigarette retailers. Now, with the introduction of Wisconsin Act 73, all cigarette, tobacco, AND electronic vaping device retailers must hold a retailer license to continue the sale of their products.

In addition to new requirements for all electronic vaping device retailers, all cigarette, tobacco, and electronic vaping device retailers can no longer use the standard application form (CTP-200: Application for Cigarette and Tobacco Products Retail License) to renew or apply for their retail licenses. CTP-200 was previously utilized by the Department of Revenue, and the municipality from which the retailer operated, for a business or individual applying to hold a cigarette or tobacco retail license. 

Instead, the Department of Revenue has introduced the following application forms to apply for a cigarette, tobacco, and electronic vaping device retail license:

• CTV-100, Cigarette, Tobacco, and Electronic Vaping Device Retail License Application 
• CTV-101, Cigarette, Tobacco, and Electronic Vaping Device License – Individual Questionnaire
• CTV-102, Cigarette, Tobacco, and Electronic Vaping Device – Appointment of Agent 

**CTP-200: Application for Cigarette and Tobacco Products Retail License will no longer be used by the Department of Revenue or municipalities in Wisconsin and that specific application form been discontinued. 

The requirements for Wisconsin Act 73 as it pertains to cigarette, tobacco, and electronic vaping devices for retailers will take effect on March 6, 2024. Electronic vaping device retailers, and cigarette and tobacco retailers, who do not currently have a cigarette, tobacco, and electronic vaping device retail license from their local municipality must begin the process of applying for their retail license as soon as possible. Cigarette, tobacco, and electronic vaping device retailers who already hold a retail license with their specific municipality do not need to reapply for their license. When retailers apply for the renewal of their license, they must use one of the above-referenced application forms instead of the previously used CTP-200 application form. 

In a landscape of evolving regulations and intricate licensing requirements for cigarette, tobacco, and electronic vaping device retailers, having a knowledgeable and experienced legal team by your side is crucial. Our attorneys at OVB Law & Consulting, S.C. are dedicated to navigating the complexities of licensing laws, ensuring that your business stays compliant, and thrives in a rapidly changing environment.