Grant County, WI
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Grant County 7-22-2003 by Ord. No. 44. Amendments noted where applicable.]
GENERAL REFERENCES
Smoking — See Ch. 231.
A. 
The Grant County Health Department recognizes that many smokers begin smoking before the age of 18 years and those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking. Because smoking has been shown to be the cause of several serious health problems, including cancer, heart disease, and respiratory problems, which subsequently place a financial burden on all levels of government, this chapter is intended to regulate the sale and gift of tobacco products to minors.
B. 
Under § 134.66(5), Wis. Stats., Grant County may adopt an ordinance regulating the conduct of tobacco sales to persons under the age of 18. This chapter is adopted pursuant to that authority provided by § 254.916(1), Wis. Stats. Section 254.916(1), Wis. Stats., authorizes the Grant County Health Department to become the designated agents of the Wisconsin Department of Health and Family Services for the purpose of conducting unannounced investigations at least annually at retail outlets, including sites of tobacco vending machines, to survey overall levels of compliance with § 134.66(2)(a) and (am), Wis. Stats.
In this chapter, the following words shall have the following meanings:
CIGARETTE
Any roll of tobacco wrapped in paper or any substance other than tobacco.
DISTRIBUTOR
Any of the following:
A. 
A person specified under § 139.30(3), Wis. Stats.
B. 
A person specified under § 139.75(4), Wis. Stats.
IDENTIFICATION CARD
Any of the following:
A. 
A license containing a photograph issued under Ch. 343, Wis. Stats.
B. 
An identification card issued under § 343.50, Wis. Stats.
C. 
An identification card issued under § 125.085, Wis. Stats.
JOBBER
Any person who acquires stamped cigarettes from manufacturers or distributors, stores them and sells them to retailers for resale.
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.
RETAILER
Any person licensed under § 134.65(1), Wis. Stats.
SCHOOL
Any public, parochial or private school which provides an educational program for one or more grades between grades one and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.
STAMP
The authorized indicia of cigarette tax payment, including water transfer stamps and heat-applied stamps.
SUBJOBBER
Any person, other than a manufacturer or distributor, who buys tobacco products from a distributor and sells them to persons other than the ultimate consumer.
TOBACCO PRODUCTS
Cigars; cheroots; stogies; periques, granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and 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.
VENDING MACHINE
Any mechanical device which automatically dispenses cigarettes upon the deposit therein of money or tokens in payment for such cigarettes.
VENDING MACHINE OPERATOR
A person who acquires stamped cigarettes from manufacturers or permittees, stores them and sells them through the medium of vending machines which he or she owns, operates, or services and which are located on premises which are owned or under the control of other persons.
A. 
No retailer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes or tobacco products to any person under the age of 18 years in Grant County, except as provided in § 254.92(2)(a), Wis. Stats. A vending machine operator is not liable under this section for the purchase of cigarettes or tobacco products from his or her vending machine by a person under the age of 18 years if the vending machine operator was unaware of the purchase.
B. 
No retailer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes or tobacco products to any person in Grant County except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.
A retailer shall post a sign in areas within his or her premises where cigarettes or tobacco products are sold to consumers in Grant County stating that the sale of any cigarette or tobacco product to a person under the age of 18 years is unlawful under § 254.92, Wis. Stats.
A. 
A vending machine operator who has one or more vending machines located in Grant County shall attach a notice in a conspicuous place on the front of his or her vending machines in Grant County stating that the purchase of any cigarettes or tobacco product by a person under the age of 18 years is unlawful under § 254.92, Wis. Stats., and that the purchaser is subject to a forfeiture not to exceed $50.
B. 
A retailer or vending machine operator may not sell cigarettes or tobacco products from a vending machine in Grant County unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 years of age is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.
C. 
Notwithstanding the provisions above, no retailer may place a vending machine within 500 feet of a school in Grant County.
No retailer may sell cigarettes in Grant County in a form other than as a package or container on which a stamp is affixed pursuant to § 139.32(1), Wis. Stats.
A. 
Except as provided in Subsection B, at the time that a retailer hires or contracts with an agent, employee, or independent contractor whose duties will include the sale of cigarettes or tobacco products in Grant County, the retailer shall provide the agent, employee, or independent contractor with training on compliance with § 250-3 of this chapter, including training on the penalties under this chapter for a violation of § 250-3 of this chapter. The Wisconsin Department of Health and Family Services shall make available to any retailer on request a training program developed or approved by that Department that provides the training required under this section. A retailer may comply with this section by providing the training program developed or approved by the Wisconsin Department of Health and Family Services or by providing a comparable training program approved by that Department. At the completion of the training, the retailer and the agent, employee, or independent contractor shall sign a form provided by the Wisconsin Department of Health and Family Services verifying that the agent, employee, or independent contractor has received the training, which the retailer shall retain in the personnel file of the agent, employee, or independent contractor.
B. 
Subsection A does not apply to an agent, employee, or independent contractor who has received the training described in Subsection A as part of a responsible beverage server training course or a comparable training course, as described in § 125.04(5)(a)5, Wis. Stats., that was successfully completed by the agent, employee, or independent contractor. The Wisconsin Department of Health and Family Services shall make the training program developed or approved by the Department under Subsection A available to the Technical College System Board, and that Board shall include that training program or a comparable training program approved by the Department in the curriculum guidelines specified by that Board under § 125.04(5)(a)5, Wis. Stats. The Wisconsin Department of Health and Family Services shall also make the training program developed or approved by that Department under Subsection A available to any provider of a comparable training course, as described in § 125.04(5)(a)5, Wis. Stats., on request, and the Department of Revenue or Educational Approval Board may approve a comparable training course under § 125.04(5)(a)5, Wis. Stats., only if that training course includes the training program developed or approved by the Wisconsin Department of Health and Family Services under Subsection A or a comparable training program approved by that Department.
C. 
If an agent, employee or independent contractor who has not received the training described in Subsection A commits a violation of § 250-3 of this chapter, a Grant County Sheriff's Deputy, an employee of the Grant County Health Department, or any other governmental regulatory authority, as defined in § 254.911(2), Wis. Stats., may issue a citation based on that violation only to the retailer that hired or contracted with the agent, employee, or independent contractor and not to the agent, employee, or independent contractor who has not received that training. If an agent, employee, or independent contractor who has received the training described in Subsection A commits a violation of § 250-3 of this chapter for which a Grant County Sheriff's Deputy, an employee of the Grant County Health Department or any other governmental regulatory authority issues a citation to the retailer that hired or contracted with the agent, employee, or independent contractor, the Grant County Sheriff's Deputy, Grant County Health Department employee or other governmental regulatory authority shall also issue a citation based on that violation to the agent, employee, or independent contractor who has received that training.
Proof of all of the following facts by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, or an agent or employee of an independent contractor who sells cigarettes or tobacco products to a person under the age of 18 years is a defense to any prosecution for a violation of § 250-3A of this chapter:
A. 
The purchaser falsely represented that he or she had attained the age of 18 years and presented an identification card.
B. 
The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18 years.
C. 
The sale was made in good faith, in reasonable reliance on the identification card and appearances of the purchaser and in the belief that the purchaser had attained the age of 18 years.
A. 
In this section, "violation" means a violation of § 250-3, 250-5B or C or 250-6 of this chapter. A person who commits a violation is subject to a forfeiture of:
(1) 
Not more that $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.
B. 
The 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.
C. 
The court shall promptly mail notice of a suspension of a license or permit issued under § 134.65, 139.34 or 139.79, Wis. Stats., to the Department of Revenue and to the clerk of each municipality which has issued a license or permit to the person.
Whoever violates § 250-4 or 250-5A of this chapter shall forfeit nor more than $25.
Sections 250-3 through 250-9 of this chapter do not apply within any town, village, or city in Grant County that has adopted or adopts an ordinance under § 134.66, Wis. Stats.
If a town, village or city in Grant County conducts unannounced investigations of retail outlets as defined in § 254.911(5), Wis. Stats., to determine compliance with this chapter, as authorized under § 254.916(1), Wis. Stats., the investigations shall meet the requirements of § 254.916(3)(a) to (f), Wis. Stats., and any standards established by the Wisconsin Department of Health and Family Services under § 254.916(1)(b), Wis. Stats.
A. 
No person under 18 years of age in Grant County may falsely represent his or her age for the purpose of receiving any cigarette or tobacco product. No person under 18 years of age in Grant County may purchase, attempt to purchase or possess any cigarette or tobacco product except as follows:
(1) 
A person under 18 years of age 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.
(2) 
A person under 18 years of age but not under 15 years of age may purchase, attempt to purchase or possess cigarettes or tobacco products in the course of his or her participation in an investigation under § 254.916, Wis. Stats., that is conducted in accordance with § 254.916(3), Wis. Stats.
B. 
A Grant County Sheriff's Deputy or any other law enforcement officer in Grant County shall seize any cigarette or tobacco product that has been sold to and is in the possession of a person under 18 years of age in Grant County.
C. 
This section does not apply within a town, village or city in Grant County that has enacted or enacts an ordinance under § 254.92, Wis. Stats.
The Grant County District Attorney shall handle the prosecution of any violations under this chapter. Citations for violations of this chapter may be issued by a Grant County Sheriff's Deputy or an employee of the Grant County Department of Health.
A. 
Citations issued for violations of this chapter shall provide for the following:
(1) 
The name and address of the alleged violator.
(2) 
The factual allegations describing the alleged violation.
(3) 
The time and place of the offense.
(4) 
The section of the ordinance violated.
(5) 
A designation of the offense in a manner that can be readily understood by a person making a reasonable effort to do so.
(6) 
The time at which the alleged violator may appear in court.
(7) 
A statement which in essence informs the alleged violator that:
(a) 
The alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time.
(b) 
If the alleged violator makes such a deposit, he or she need not appear in court unless subsequently summoned.
(c) 
If the alleged violator makes a cash deposit and does not appear in court, he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by § 757.05, Wis. Stats., a jail assessment imposed by § 302.46(1), Wis. Stats., and a crime laboratories and drug law enforcement assessment imposed by § 165.755, Wis. Stats., not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.
(d) 
If the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter a judgment or the County may commence an action against the alleged violator to collect the forfeiture, the penalty assessment imposed by § 757.05, Wis. Stats., the jail assessment imposed by § 302.46(1), Wis. Stats., and the crime laboratories and drug law enforcement assessment imposed by § 165.755, Wis. Stats.
(e) 
If the court finds that the violation involves an ordinance that prohibits conduct that is the same or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under § 800.093, Wis. Stats.
(8) 
A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required above and shall send the signed statement with the cash deposit.
(9) 
Such other information as may be deemed necessary.
B. 
Cash deposits for violations of this chapter shall follow the Tobacco Deposit Schedule per 778.25(3), Wis. Stats. If no specific forfeiture amount is quoted or the specific violation does not appear in the Wisconsin Deposit Schedule the cash deposit shall be as follows:
(1) 
First offense within any twelve-month period: forfeiture of $25 plus costs.
(2) 
Second offense within 12 months: forfeiture of $200 plus costs.
(3) 
Third offense within 12 months: forfeiture of $300 plus costs.
(4) 
Fourth offense within 12 months: forfeiture of $400 plus costs.
(5) 
Fifth or greater offense within 12 months: forfeiture of $500 plus costs.
C. 
All cash deposits shall be paid to the Grant County Clerk of Court, 130 W. Maple St., Lancaster, Wisconsin. A receipt shall be given to the person making such cash deposit.
A. 
Citations issued to persons under the age of 18 years of age for violations of this chapter shall be directed to a Juvenile Court intake worker for processing.
B. 
A person under the age of 18 years of age who is adjudged to have violated § 250-13 of this chapter can have imposed on him or her by the Juvenile Court Judge one or more of the following dispositions:
(1) 
Counsel the juvenile or parent or guardian.
(2) 
Impose a forfeiture not to exceed the maximum forfeiture of $50. The juvenile can pay a cash deposit of $50 plus statutory costs. If the child is under 14 years of age, the cash deposit shall be $50 (no statutory costs).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Order the juvenile to be placed in a teen court program.
(4) 
Order the juvenile to participate in a supervised work program or other community service work under § 938.34(5g), Wis. Stats.