No person shall, in any manner or upon any pretense, or by any device,
directly or indirectly sell, expose for sale, possess with intent to sell,
exchange, barter, dispose of or give away any cigarettes to any person not
holding a license as herein provided or a permit as provided under §§ 139.30
to 139.41 or 139.79, Wis. Stats., without obtaining a license from the Village
Clerk-Treasurer.
Upon filing a proper written application, said license shall be issued
on July 1 of each year or when applied for and continue in force until the
following June 30 unless sooner revoked. The fee for such license shall be
paid to the Village Clerk-Treasurer before the license is issued.
Each such license shall name the licensee and specifically describe
the premises where such business is to be conducted. Such licenses shall not
be transferable from one person to another nor from one premises to another.
A licensed retailer shall keep complete records of all purchases and
receipts of cigarettes. Such receipts shall be preserved on the licensed premises
for two years in such a manner to ensure permanence and accessibility for
inspection and shall be subject to inspection at all reasonable hours by authorized
state and local law enforcement officials.
Any person violating any of the provisions of this chapter shall pay
a forfeiture of not less than $25 nor more than $100 for the first offense
and not less than $25 nor more than $200 for the second offense. If upon such
second or subsequent violation the person so violating this chapter was personally
guilty of a failure to exercise due care to prevent violation thereof, he
shall pay a forfeiture of not less than $25 nor more than $300. Such conviction
shall immediately terminate the license of the person convicted of being personally
guilty of such failure to exercise due care, and such person shall not be
entitled to another license hereunder for a period of five years thereafter,
nor shall the person in that period act as a servant or agent of a person
licensed hereunder for the performance of the acts as authorized by the license.
Any person convicted of a violation of this chapter shall pay the costs of
prosecution, penalty assessment, jail assessment and other applicable charges
and, in the event of failure to pay the forfeiture, costs and assessments,
may be imprisoned in the county jail, not to exceed 90 days.