[Amended 5-9-2018 by Ord.
No. 2018-06]
The Wisconsin State Statutes are adopted by reference and incorporated
herein.
As used in this article, the following terms shall have the
meanings indicated:
EDUCATIONAL FACILITY
Any building used principally for educational purposes in
which a school is located or a course of instruction or training program
is offered that has been approved or licensed by a state agency or
board.
INPATIENT HEALTH CARE FACILITY
Has the meaning provided under § 50.135(1), Wis.
Stats., except that it does include community-based residential facilities
as defined under § 50.01(1g), Wis. Stats.
OFFICE
Any area that serves as a place of work at which the principal
activities consist of professional, clerical or administrative services.
PERSON IN CHARGE
The person who ultimately controls, governs or directs the
activities aboard a public conveyance or within a place where smoking
is regulated under this article, regardless of the person's status
as owner or lessee.
PUBLIC CONVEYANCE
Mass transit vehicles as defined by § 340.01(28m),
Wis. Stats., and school buses as defined by § 340.01(56),
Wis. Stats.
RESTAURANT
An establishment defined in § 254.61(5), Wis. Stats.,
with a seating capacity of more than 50 persons.
RETAIL ESTABLISHMENT
Any store or shop in which retail sales is the principal
business conducted, except a tavern operating under a "Class B" intoxicating
liquor license or Class "B" fermented malt beverage license and except
bowling alleys.
SMOKING
Carrying a lighted cigar, cigarette, pipe or any other lighted
smoking equipment.
The regulation of smoking in §
271-2 does not apply to the following places:
A. Areas designated smoking areas under §
271-4.
B. Offices occupied exclusively by smokers.
C. Entire rooms or halls used for private functions, if the arrangements
for the function are under the control of the sponsor of the function.
D. Restaurants holding a "Class B" intoxicating liquor or Class "B"
fermented malt beverage license if the sale of intoxicating liquors
or fermented malt beverages or both accounts for more than 50% of
the restaurant's receipts.
E. Offices that are privately owned and occupied.
F. Any area of a facility used principally to manufacture or assemble
goods, products or merchandise for sale.
G. Prisons, secured correctional facilities, secure detention facilities,
jails and lockup facilities.
The person in charge or his or her agent shall:
A. Post signs identifying designated smoking areas; and
B. Arrange seating to accommodate nonsmokers if smoking areas are adjacent
to nonsmoking areas.
After July 1, 1985, state or local officials or any affected
party may institute an action in any court with jurisdiction to enjoin
repeated violations of this article.
No person, firm or corporation shall in any
manner, directly or indirectly, upon any premises, or by any device,
sell, exchange, barter, dispose of or give away or keep for sale any
cigarette, cigarette paper or cigarette wrappers, or any substitute
therefor, without first obtaining a license as hereinafter provided.
Every person, firm or corporation desiring a
license under this article shall file with the Village Clerk-Treasurer
a written application therefor, stating the name of the person and
the place for which such license is desired. Each license shall be
filed by the Village Clerk-Treasurer and shall name the licensee and
the place wherein he is authorized to conduct such business, and the
same shall not be delivered until the applicant shall pay to the Village
Clerk-Treasurer a license fee as established by the Village Board.
Licenses for the sale, exchange, barter, disposition
of or giving away or keeping for sale of cigarette paper or cigarette
wrappers or any substitute therefor shall be issued by the Village
Clerk-Treasurer. Each license shall be issued on the first day of
July in each year, or thereafter whenever applied for, and shall continue
in force from the date of issuance until the succeeding June 30, unless
sooner revoked for any violation of this article.