[HISTORY: Adopted by the Town Board of Supervisors of the Town of Grand Chute as indicated in article histories. Amendments noted where applicable.]
Smoking ban — See Ch. 398.
[Adopted 1-7-1997 as §§ 9.03 and 9.12 of the 1997 Code; amended 12-19-2006]
No person shall in any manner, directly or indirectly, manufacture, sell, exchange, dispose of or give away or keep for sale any cigarettes without first obtaining a license therefor from the Town Clerk in the manner provided in § 134.65, Wis. Stats. This section shall not apply to jobbers or manufacturers doing interstate business with customers outside Wisconsin.
The fee for such cigarette license shall be as prescribed in the Town Fee Schedule, and the Treasurer's receipt therefor must be presented to the Clerk before he/she shall issue any license hereunder.
All cigarette licenses shall be signed by the Town Clerk and indicate thereon the name of the licensee and the place where he/she is authorized to conduct the licensed business and shall expire on June 30 next succeeding the date of issue.
[Amended 12-20-2011 by Ord. No. 2011-30]
A first violation of any provision of this article shall be punished by a fine as prescribed in the Uniform Forfeiture and Bond Schedules, together with the costs of prosecution, and on default of the payment of any such fine and/or costs of prosecution such person shall be committed to the county jail of Outagamie County until such fine and costs are paid, but not to exceed 90 days.
Any person violating this article who shall previously have been convicted of a violation of this article shall, upon proof and conviction thereof, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules, together with the costs of prosecution, and on default of the payment of any such fine and costs of prosecution, or either of them, such convicted person shall be committed to and confined within the county jail of Outagamie County, Wisconsin, until such fine and costs of prosecution are paid, but not to exceed six months.
Each day of violation under this article shall constitute a separate and distinct offense.
[Adopted 1-7-1997 as § 7.21 of the 1997 Code; amended in its entirety 10-19-2010 by Ord. No. 2010-16]
The provisions of § 254.92, Wis. Stats., regarding the possession or purchase of cigarettes and tobacco products by persons under the age of 18, exclusive of any penalty contained therein, are hereby adopted by reference and made an offense punishable as a violation of this Code.
The provisions of § 134.66, Wis. Stats., regarding the sale or gift of cigarettes or tobacco products, exclusive of any penalty contained therein, are hereby adopted by reference and made an offense punishable as a violation of this Code.
[Added 4-16-2019 by Ord. No. 2019-05]
Definitions. The following words, terms, and phrases, when used in this section, shall have the meaning ascribed to them, except where the context indicates a different meaning:
- ELECTRONIC DELIVERY DEVICE
- Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or, any other substance through inhalation of aerosol, mist, or vapor from the product. The term includes, but is not limited to, devices manufactured, distributed, marketed, or sold as electronic cigarettes or cigars, electronic pipes, personal vaporizers, electronic nicotine delivery systems, vape pens, or electronic hookahs. An electronic cigarette (e-cig or e-cigarette), personal vaporizer (PV), or electronic nicotine delivery system (ENDS) is a battery-powered vaporizer which has the feel of tobacco smoking. They produce a mist rather than cigarette smoke. In general, a heating element vaporizes a liquid solution known as e-liquid. E-liquids usually contain a mixture of propylene glycol, glycerin, nicotine, and flavorings.
- A liquid mixture that may contain nicotine, as well as varying compositions of propylene glycol, glycerin, and flavorings, which is designed to be heated in an electronic delivery device to create an aerosol or vapor that can be inhaled.
The prohibition against the purchase or possession of cigarettes or nicotine or tobacco products by a person under 18 years of age, established in § 254.92, Wis. Stats., and adopted in § 241-5A, above, shall apply to the purchase or possession of electronic delivery devices and e-liquids.
Signage. A retailer shall post a sign in areas within his or her premises where electronic delivery devices or e-liquids are sold to consumers stating that the sale of any electronic delivery device or e-liquid products to a person under the age of 18 is unlawful under this section.
Any person who violates any provision of this article may be subject to a forfeiture of an amount prescribed in the Uniform Forfeiture and Bond Schedules, as established by the Town Board, and the costs of prosecution. In addition to the forfeiture, a juvenile in violation of § 241-5A may be subject to one or more of the dispositions established in § 938.343, Wis. Stats.