[[1]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.
[1]
Editor's Note: The title of this chapter was changed from
"Cigarettes, Tobacco Products and Smoking" to "Cigarettes, Nicotine
Products, Tobacco Products, Vapor Products and Smoking" 3-24-2020 by Ord. No. 2020-04.
[Adopted 11-4-1997 as Ch. 22, Art. III, of the 1997 Code.]
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:
As given in § 139.30(1m), Wis. Stats.
Any of the following:
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 through inhalation of vapor or aerosol
from the product. "Electronic delivery device" includes any device
manufactured, distributed, marketed or sold as an e-cigarette, e-cigar,
e-pipe, e-hookah, or vape pen, or under any other product name or
description, or any component part of such product, whether or not
sold separately. "Electronic delivery device" does not include any
product that has been approved by the United States Food and Drug
Administration for sale as a tobacco cessation product and is being
marketed and sold solely for such an approved purpose.
[Added 3-24-2020 by Ord.
No. 2020-04]
Any of the following:
[Amended 8-17-2010 by Ord. No. 2010-03]
As given in § 139.30(6), Wis. Stats.
Any of the following:
As given in § 134.66(1)(f), Wis. Stats.
[Added 3-24-2020 by Ord.
No. 2020-04]
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.
Any person licensed under § 134.65(1), Wis. Stats.
As given in § 118.257(1)(d), Wis. Stats.
Burning, holding, inhaling, exhaling or carrying any lighted
or heated cigar, cigarette, pipe or heated tobacco or plant product
intended for inhalation, whether natural or synthetic, in any manner
or form. "Smoking" includes the use of an electronic delivery device
which creates an aerosol or vapor, in any manner or form, or the use
of any oral smoking device.
[Added 3-24-2020 by Ord.
No. 2020-04]
As given in § 139.75(11), Wis. Stats.
As given in § 139.75(12), Wis. Stats.
As given in § 139.75(14), Wis. Stats.
[Added 3-24-2020 by Ord.
No. 2020-04]
As given in § 139.30(14), Wis. Stats.
As given in § 139.30(15), Wis. Stats.
[Amended 8-17-2010 by Ord. No. 2010-03; 11-10-2016 by Res. No. 2016-05; 3-24-2020 by Ord. No. 2020-04]
No person shall in any manner, directly or indirectly,
manufacture, sell, exchange, dispose of, or give away or keep for
sale any cigarettes, nicotine products, tobacco products or vapor
products without first obtaining a license therefor from the Town
Administrator 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.
[Amended 8-17-2010 by Ord. No. 2010-03; 3-24-2020 by Ord. No. 2020-04]
The fee for such cigarette, nicotine, tobacco
and vapor products license shall be 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's office.
A.
No retailer may sell or give cigarettes, nicotine
products, tobacco products or vapor products to any person, except
as provided in § 254.92, Wis. Stats. A vending machine operator
is not liable under this section for the purchase of cigarettes, nicotine
products, tobacco products or vapor products from his vending machine
by a person, except as provided in § 254.92, Wis. Stats.,
if the vending machine operator was unaware of the purchase.[1]
[Amended 3-24-2020 by Ord. No. 2020-04]
B.
A retailer shall post a sign in areas within his premises
where cigarettes, nicotine products, tobacco products or vapor products
are sold to consumers stating that the sale of any cigarettes, nicotine
products, tobacco products or vapor products to a person, except as
provided in § 254.92, Wis. Stats., is unlawful under this
section.
[Amended 3-24-2020 by Ord. No. 2020-04]
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 cigarettes, nicotine products, tobacco products
or vapor products by a person, except as provided in § 254.92,
Wis. Stats., is unlawful under this section and that the purchaser
is subject to a forfeiture not to exceed $50.
[Amended 8-17-2010 by Ord. No. 2010-03; 3-24-2020 by Ord. No. 2020-04]
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, nicotine products,
tobacco products or vapor products for nominal or no consideration
to any person, except as provided in § 254.92, Wis. Stats.
[Amended 3-24-2020 by Ord. No. 2020-04]
[Amended 3-24-2020 by Ord. No. 2020-04]
Proof of all the following facts by a retailer who sells cigarettes, nicotine products, tobacco products or vapor products to a person, except as provided in § 254.92, Wis. Stats., is a defense to any prosecution for violation of § 244-4A:
A.
The purchaser falsely represented that he/she has
attained the legal age, as provided in § 254.92, Wis. Stats.,
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 legal
age, as provided in § 254.92, Wis. Stats.
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 legal age, as provided
in § 254.92, Wis. Stats.
B.
A person who commits a violation is subject to a forfeiture
of:
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.
[Adopted 11-4-1997 as § 42-4 of the 1997 Code.]
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.
