[HISTORY: Adopted by the Village Board of
the Village of Orfordville 3-31-1992 as Title 7, Ch. 3 of the 1992 Code. Amendments noted where
applicable.]
A.
License required. 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.
B.
Application for license; fee. Every person, firm or
corporation desiring a license under this section 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 set by the
Village Board.
C.
Issuance and term of license. Licenses for the sale,
exchange, barter, disposition of, or giving away or keeping for sale
of cigarettes, 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 section.
[Amended 5-10-2004 by Ord. No. O-2004-01]
[Added 5-10-2004 by Ord.
No. O-2004-01; amended 2-24-2020]
No person under the age of 18 years shall possess or carry a
cigarette, tobacco product or ENDS within the Village. "Cigarette"
for purposes of this section has the meaning given in § 139.30(1),
Wis. Stats. "Tobacco products" for purposes of this section has the
meaning given in § 139.75(12), Wis. Stats. "ENDS" is defined
as an electronic nicotine delivery system, which is a battery-powered
inhalation device designed to deliver to the user any product containing,
nicotine, or other substance, natural or synthetic, for human consumption
through the inhalation of aerosol or vapor from the device (examples:
e-cigs, Juul, vapes).
[Added 5-10-2004 by Ord.
No. O-2004-01]
A.
Definitions. In this section, "cigarette” has
the meaning given in § 139.30(1), Wis. Stats., "law enforcement
officer" has the meaning given in § 30.50(4s), Wis. Stats,
and "ENDS" is defined as an electronic nicotine delivery system, which
is a battery-powered inhalation device designed to deliver to the
user any product containing, nicotine, or other substance, natural
or synthetic, for human consumption through the inhalation of aerosol
or vapor from the device (examples: e-cigs, Juul, vapes).
[Amended 2-24-2020]
C.
Employment exemption. A child may purchase cigarettes,
tobacco products or ENDS for the sole purpose of resale in the course
of employment during his working hours if employed by a retailer licensed
under § 134.65(1), Wis. Stats.
[Amended 2-24-2020]
D.
Delivery of cigarettes, tobacco products or ENDS.
It is unlawful for any person 18 years of age or over to deliver cigarettes,
tobacco products or ENDS to a child. "Deliver" or "delivery" means
the actual, constructive or attempted transfer from one person to
another of cigarettes, tobacco products or ENDS, whether or not there
is any agency relationship. "Child" means a person who is less than
18 years of age.
[Amended 2-24-2020]
E.
Seizure. A law enforcement officer shall seize any cigarette, tobacco product or ENDS involved in any violation of Subsection B committed in his presence.
[Amended 2-24-2020]
F.
Statutes adopted. The provisions of §§ 134.66,
254.92 and 778.25(l)(a), Wis. Stats., as amended, are adopted by reference
and incorporated herein.
