Town of Buchanan, WI
Outagamie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Buchanan as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Minors — See Ch. 377.
Intoxicating liquor and fermented malt beverages — See Ch. 339.
[Adopted 11-4-1997 as Ch. 22, Art. III, of the 1997 Code]

§ 244-1 Definitions.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CIGARETTE
As given in § 139.30(1m), Wis. Stats.
DISTRIBUTOR
Any of the following:
A. 
A person specified in § 139.30(3), Wis. Stats.
B. 
A person specified in § 139.75(4), Wis. Stats.
IDENTIFICATION CARD
Any of the following:
[Amended 8-17-2010 by Ord. No. 2010-03]
A. 
A license containing a photograph issued under Ch. 343, Wis. Stats.
B. 
An identification card issued under § 343.50, Wis. Stats.
JOBBER
As given in § 139.30(6), Wis. Stats.
MANUFACTURER
Any of the following:
A. 
A person specified under § 139.30(7), Wis. Stats.
B. 
A person specified under § 139.75(5), Wis. Stats.
PLACE OF BUSINESS
Any place where cigarettes or tobacco products are sold, manufactured, or stored for the purpose of sale or consumption, including any vessel, vehicle, airplane, train, or vending machine.
RETAILER
Any person licensed under § 134.65(1), Wis. Stats.
SCHOOL
As given in § 118.257(1)(d), Wis. Stats.
SUBJOBBER
As given in § 139.75(11), Wis. Stats.
TOBACCO PRODUCTS
As given in § 139.75(12), Wis. Stats.
VENDING MACHINE
As given in § 139.30(14), Wis. Stats.
VENDING MACHINE OPERATOR
As given in § 139.30(15), Wis. Stats.

§ 244-2 License required.

[Amended 8-17-2010 by Ord. No. 2010-03]
No person shall in any manner, directly or indirectly, manufacture, sell, exchange, dispose of, or give away or keep for sale any cigarettes or cigarette papers or wrappers without first obtaining a license therefor from the Town Administrator/Clerk in the manner provided in § 134.65, Wis. Stats. This article shall not apply to jobbers or manufacturers doing interstate business with customers outside the state.

§ 244-3 License fee.

[Amended 8-17-2010 by Ord. No. 2010-03]
The fee for such cigarette license shall as set in the Town Fees and Licenses Schedule, which shall be paid prior to the issuance of such license.[1]
[1]
Editor's Note: The Town Fees and Licenses Schedule is on file in the Administrator/Clerk's office.

§ 244-4 Restrictions on sale or gift.

A. 
No retailer may sell or give cigarettes or tobacco products to any person under the age of 18, except as provided in § 254.92, Wis. Stats. A vending machine operator is not liable under this section for the purchase of cigarettes or tobacco products from his vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.[1]
[1]
Editor's Note: See also § 377-5, Providing cigarettes to minors.
B. 
A retailer shall post a sign in areas within his premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco products to a person under the age of 18 is unlawful under this section and § 254.92, Wis. Stats.
C. 
A vending machine operator shall attach a notice in a conspicuous place on the front of his vending machines stating that the purchase of any cigarette or tobacco product by a person under the age of 18 is unlawful under § 254.92, Wis. Stats., and that the purchaser is subject to a forfeiture not to exceed $50.
[Amended 8-17-2010 by Ord. No. 2010-03]
D. 
No person may place a vending machine within 500 feet of a school.
E. 
If a written agreement binding on a vending machine operator governs the location of his vending machine, which is located within 500 feet of a school, the vending machine owner shall remove the vending machine on the date that the written agreement expires or would be extended or renewed.
F. 
No manufacturer, distributor, jobber, subjobber, retailer, or their employees or agents may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.

§ 244-5 Defense of retailer.

Proof of all the following facts by a retailer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for violation of § 244-4A.
A. 
The purchaser falsely represented that he/she has attained the age of 18 and presented an identification card.
B. 
The appearance of the purchaser was such that an ordinarily prudent person would believe that the purchaser had attained the age of 18.
C. 
The sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser, and in the belief that the purchaser had attained the age of 18.

§ 244-6 Violations and penalties.

A. 
In this section, the word "violation" means a violation of § 244-4A, B, C, D or F.
[Amended 8-17-2010 by Ord. No. 2010-03]
B. 
A person who commits a violation is subject to a forfeiture of:
(1) 
Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or
(2) 
Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
C. 
A court shall suspend any license or permit issued under § 134.65, 139.34, or 139.79, Wis. Stats., to a person for:
(1) 
Not more than three days, if the court finds that the person committed a violation within 12 months after committing one previous violation;
(2) 
Not less than three days nor more than 10 days, if the court finds that the person committed a violation within 12 months after committing two other violations; or
(3) 
Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing three or more other violations.
D. 
The court shall promptly mail notice of a suspension under Subsection C of this section to the Department of Revenue and to the clerk of each municipality which has issued a license or permit to the person.
E. 
Whoever violates § 244-4B shall forfeit not more than $25.
[Adopted 11-4-1997 as § 42-4 of the 1997 Code]

§ 244-7 Adoption of statute.

Section 101.123, Wis. Stats., is adopted by reference in this article as if set forth at length in this article, exclusive of penalties, and exclusive of Subsections (6), (7), (8) and (9) of such section.