[HISTORY: Adopted by the Village Board of
the Village of Mazomanie 6-28-1988 as § 7-3-2 of the 1988 Code. Amendments noted
where applicable.]
A.
No person, firm or corporation shall in any manner,
directly or indirectly, upon any premises, or by any device, sell,
exchange, barter, dispose of, give away, or keep for sale any cigarette,
cigarette paper or cigarette wrappers, or any substitute therefor,
without first obtaining a license as hereinafter provided.
B.
Every person, firm or corporation desiring a license
under this section shall file with the Village Clerk-Treasurer a written
application therefor, stating the name of the person and the place
for which such license is desired. Each license shall be filed by
the Village Clerk-Treasurer and shall name the licensee and the place
wherein he is authorized to conduct such business, and the same shall
not be delivered until the applicant shall pay to the Village Clerk-Treasurer
such license fee as established by resolution of the Village Board.
Such license fee established by the Village Board shall be an annual
fee and shall remain in effect until changed by resolution of the
Village Board.
[Amended 10-8-2002 by Ord. No. 2002-6]
C.
Licenses for the sale, exchange, barter, disposition
of, giving away or keeping for sale of cigarettes, cigarette paper
or cigarette wrappers or any substitute therefor shall be issued by
the Village Clerk-Treasurer. Each license shall be issued on the first
day of July in each year, or thereafter whenever applied for, and
shall continue in force from the date of issuance until the succeeding
June 30, unless sooner revoked for any violation of this section.
[Amended 12-8-2006 by Ord. No. 2006-2]
[Amended 12-8-2006 by Ord. No. 2006-2]
Section 101.123, Wis. Stats., titled "Smoking
prohibited," is adopted by reference and incorporated in this chapter.
[Added 3-11-2008 by Ord. No. 2008-4]
A.
General.
(1)
No person under 18 years of age may falsely represent
his or her age for the purpose of receiving any cigarette or tobacco
product.
(2)
No person under 18 years of age may purchase, attempt
to purchase or possess any cigarette or tobacco product except as
follows:
(a)
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.
(b)
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 § 265.916(3), Wis. Stats.
B.
Penalties.
(1)
Any person who violates this section shall be subject
to a forfeiture of $25 for the first offense, $50 for the second offense
and $100 for the third offense and shall, in addition thereto, be
subject to all associated court costs and costs of prosecution.
(2)
Any order imposing a forfeiture shall include a finding
that the juvenile alone is financially able to pay and shall allow
up to 12 months for said payment to be made. If the juvenile fails
to pay the forfeiture, the court may suspend any license issued to
him or her under Ch. 29, Wis. Stats., or suspend his or her operating
privilege, as defined in § 343.01 et seq., Wis. Stats.,
for not less than 30 days nor more than 90 days. The court shall immediately
take possession of the suspended license and forward it to the department
which issued the license, together with the notice of suspension stating
that the suspension is for failure to pay a forfeiture imposed by
the court. If the forfeiture is paid during the period of suspension,
the court shall immediately notify the department, which shall return
the license to the person.
C.
Enforcement. Any law enforcement officer may issue a citation under this § 345-3. Any law enforcement officer shall seize any cigarette or tobacco product that is in the possession of a person under 18 years, in violation of this § 345-3. For purposes of this section, the term "law enforcement officer" means any such officer in the employment of the Village, the county, or any other governmental authority.
