[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:
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.
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 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]
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.
NICOTINE PRODUCT(S)
As given in § 134.66(1)(f), Wis. Stats.
[Added 3-24-2020 by Ord.
No. 2020-04]
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.
SMOKE or SMOKING
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]
SUBJOBBER
As given in § 139.75(11), Wis. Stats.
VAPOR PRODUCT(S)
As given in § 139.75(14), Wis. Stats.
[Added 3-24-2020 by Ord.
No. 2020-04]
[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.
[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.
[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.