[HISTORY: Adopted by the Village Board of the Village of Fremont as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 95-5 as Secs. 9.041, 9.042, 9.043 and 9.25 of the 1986 Municipal Code]
A. 
Definitions. The terms used herein shall be defined as follows:
CIGARETTE
The meaning given in § 139.30, Wis. Stats.
LAW ENFORCEMENT OFFICER
The meaning given in § 165.85(2)(c), Wis. Stats.[1]
TOBACCO PRODUCTS
The meaning given in § 139.75(12), Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Prohibited. Except as provided in Subsection C below, no person under 18 years of age may do any of the following:
(1) 
Buy or attempt to buy any cigarettes or tobacco product.
(2) 
Falsely represent his or her age for the purpose of receiving any cigarette or tobacco products.
(3) 
Possess any cigarette or tobacco product.
C. 
Exceptions. A person under 18 years of age may purchase 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(1), Wis. Stats.
D. 
Enforcement. A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of Subsection B above committed in his presence.
E. 
Authority. This section is adopted pursuant to § 254.92, Wis. Stats. The Village of Fremont hereby adopts by reference § 254.92, Wis. Stats.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Definitions. The definitions set forth in § 134.66(1), Wis. Stats., are hereby adopted by reference and made a part hereof.
B. 
Restrictions.
(1) 
No retailer 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 vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.
(2) 
Sign to be posted.
(a) 
A retailer shall post a sign in areas within his 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 section and § 254.92, Wis. Stats.
(b) 
A vending machine operator shall attach a notice in a conspicuous place on the front of his 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 not to exceed $50.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Location of vending machines near schools.
(a) 
No person may place a vending machine within 500 feet of a school.
(b) 
If a written agreement binding on a vending machine operator governs the location of his vending machine which is located within 500 feet of a school, the vending machine owner shall remove the vending machine on the date that the written agreement expires or would be extended or renewed.
(4) 
No manufacturer, distributor, jobber, subjobber or retailer or their employees or agents may provide cigarettes or tobacco products for nominal or no consideration to anyone under the age of 18.
C. 
Defense of retailer. Proof of all of the following facts by a retailer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of Subsection B above:
(1) 
That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card.
(2) 
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.
(3) 
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.
D. 
Penalties.
(1) 
In this subsection, "violation" means a violation of Subsection B(1), (3) or (4) above.
(a) 
A person who commits a violation is subject to a forfeiture of:
[1] 
Not more than $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) 
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; or
[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 under Subsection D(1)(c) above to the Department of Revenue and to the Clerk of each municipality which has issued a license or permit to the person.
(2) 
Whoever violates Subsection B(2) above shall forfeit not more than $25.
E. 
Authority. This section is adopted pursuant to § 134.66, Wis. Stats.
A. 
Prohibited. Pursuant to § 120.12(20), Wis. Stats., no person shall use any tobacco product on any property of the Fremont School District.
B. 
Definitions. For the purpose of this section, the following definitions shall be used:
PROPERTY OF THE FREMONT SCHOOL DISTRICT
All buildings and grounds and school buses within the Village owned, leased or rented by the Fremont School District, including any vehicle located on school district grounds.
USE ANY TOBACCO PRODUCT
Smoke or possess a lighted cigar, cigarette or pipe, or place any tobacco product in one's mouth.
C. 
Penalty. Any person who shall violate Subsection A above shall be subject to a penalty as provided in Chapter 1, General Provisions, Article I, Construction and Penalties, of this Code.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter 1, General Provisions, Article I, Construction and Penalties, of this Code.
[Adopted as Sec. 12.03 of the 1986 Municipal Code]
No person shall sell cigarettes in the Village without first obtaining a license from the Clerk-Treasurer. The provisions of § 134.65, Wis. Stats., are hereby adopted and made a part of this section by reference.
The license fee shall be $5 per year.