[HISTORY: Adopted by the Common Council of
the City of Gillett as indicated in article histories. Amendments
noted where applicable.]
[Adopted as § 8.08 of the former
Municipal Code]
The terms used in this article shall be defined
as follows:
A person who is less than 18 years of age.
Any roll of tobacco wrapped in paper or any substance other
than tobacco. This definition appears in § 139.30(1m), Wis.
Stats., and any amendments thereto.
Includes cigars; cheroots; stogies; periques; granulated,
plug cut, crimp cut, ready-rubbed or other smoking tobacco; snuff;
snuff flour; cavendish; plug and twist tobacco; fine cut or other
chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings
of tobacco; or other kinds and forms of tobacco prepared in such manner
as to be suitable for chewing or smoking in a pipe or otherwise, or
both for chewing and smoking, but "tobacco products" does not include
cigarettes, as defined above. This definition appears in.§ 139.75(12),
Wis. Stats., and any amendments thereto.
[Amended 12-6-2018]
The purpose of this article is to protect the health and safety
of the younger citizens of the City of Gillett by restricting the
securing or possessing of tobacco or nicotine products.
A.
Any minor (a person under 18 years of age) who shall intentionally
misrepresent his age for the purpose of securing any cigarette, cigar,
other forms of tobacco, or and cigarette paper, cigarette wrapper
or substitute there for or electric cigarette, e-liquid (with or without
nicotine), e-cartridge or battery, or look-alike cigarette paraphernalia
or hookahs or similar paraphernalia, whether electronic or otherwise,
shall be guilty of an offense.
B.
A minor on school property or premises is prohibited from possessing
the following: any form of cigarette, cigar or tobacco; and/or tobacco
paraphernalia of any kind, including, but not limited to cigarette
paper, cigarette wrappers, electronic cigarettes, e-liquid (with or
without nicotine), e-cartridges or batteries, or look-alike cigarette
paraphernalia, or hookahs or similar paraphernalia, whether electronic
or otherwise. A minor in possession shall be guilty of an offense.
C.
No child may possess any cigarette or tobacco product or any form
of cigarette, cigar or tobacco; and/or tobacco paraphernalia of any
kind, including, but not limited to cigarette paper, cigarette wrappers,
electronic cigarettes, e-liquid (with or without nicotine), e-cartridges
or batteries, or look-alike cigarette paraphernalia, or hookahs or
similar paraphernalia, whether electronic or otherwise.
D.
Any amendments to § 254.92, Wis. Stats., shall be part
of this section.
A child may purchase or possess cigarettes or
tobacco products for the sole purpose of resale in the course of employment
during his or her working hours if employed by a retailer licensed
under § 134.65(l), Wis. Stats.
A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of § 10-2 above committed in his or her presence.
[Adopted 4-1-2004 (§ 8.081 of the former Municipal
Code)]
The terms used in this article shall be defined
as follows:
The meaning given in § 139.30(1m), Wis. Stats.
Any of the following:
Any identification card issued under § 125.08,
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The meaning given in § 139.30(6), Wis. Stats.
Any of the following:
Any person licensed under § 134.65(1), Wis. Stats.
The meaning given in § 118.257(1)(d), Wis. Stats.
The meaning given in § 139.30(13), Wis. Stats.
The meaning given in § 139.75(11), Wis. Stats.
The meaning given in § 139.75(12), Wis. Stats.
The meaning given in § 139.30(14), Wis. Stats.
The meaning given in § 139.30(15), Wis. Stats.
A.
No retailer, manufacturer or distributor 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 subsection for the purchase
of cigarettes or tobacco products from his or her vending machine
by a person under the age of 18 if the vending machine operator was
unaware of the purchase.
B.
Posting of signs.
(1)
A retailer shall post a sign in areas within his or
her premises where cigarettes or tobacco products are sold to consumers
stating that the sale of any cigarette or tobacco product to a person
under the age of 18 is unlawful under this article and § 254.92,
Wis. Stats.
(2)
A vending machine operator shall attach a notice in
a conspicuous place on the front of his or her 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 as set forth by
the Common Council.
C.
Vending machine operators.
(1)
No retailer may keep a vending machine in any public
place that is open to persons under the age of 18 unless all of the
following apply:
(2)
The person who ultimately controls, governs or directs
the activities within the premises where the vending machine is located
shall ensure that an employee of the retailer remains in the immediate
vicinity, plain view and control of the vending machine whenever the
premises is open.
D.
Vending machines in proximity of schools. No retailer
may place a vending machine within 500 feet of a school.
E.
No manufacturer, distributor, jobber, subjobber or
retailer, or its employees or agents, may provide cigarettes or tobacco
products for nominal or no consideration to any person under the age
of 18.
F.
No retailer may sell cigarettes in a form other than
as a package or container on which a stamp is affixed under § 139.32(1),
Wis. Stats.
Proof of all of the following facts by a retailer, manufacturer or distributor who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of § 10-7A:
A.
That the purchaser falsely represented that he or
she had attained the age of 18 and presented an identification card.
B.
That the appearance of the purchaser was such that
an ordinary and prudent person would believe that the purchaser had
attained the age of 18.
C.
That 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.
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 violations.
