[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:
Any roll of tobacco wrapped in paper or any substance other
than tobacco.
Any of the following:
Any of the following:
Any person who acquires stamped cigarettes from manufacturers
or distributors, stores them and sells them to retailers for resale.
Any of the following:
Any person licensed under § 134.65(1), Wis. Stats.
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.
The authorized indicia of cigarette tax payment, including
water transfer stamps and heat-applied stamps.
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.
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.
Any mechanical device which automatically dispenses cigarettes
upon the deposit therein of money or tokens in payment for such cigarettes.
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.
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.
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.
[Amended 3-16-2021]
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, nicotine product or tobacco product. No person under 18
years of age in Grant County may purchase, attempt to purchase or
possess any cigarette, nicotine product or tobacco product except
as follows:
(1)
A person under 18 years of age may purchase or possess
cigarettes, nicotine products 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, nicotine
products 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, nicotine product
or tobacco product that has been sold to and is in the possession
of a person under 18 years of age in Grant.
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]
(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.
