[HISTORY: Adopted by the Common Council of the City of Lodi as §§ 15.322, 15.323, 15.324 and 15.90 of the City Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Subsequent 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 or 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 City Clerk 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 City Clerk 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 City Clerk a license fee as set by the Common Council by resolution.
C. 
Licenses for the sale, exchange, barter, disposition of, or giving away or keeping for sale of any cigarette, cigarette paper or cigarette wrappers or any substitute therefor shall be issued by the City Clerk. 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. The license may be refused or revoked or renewal of the license may be denied for violation of any provisions of this section and for any other reasons allowed by law.
A. 
Definitions. As used in this section, the following terms have the meaning indicated:
CIGARETTES
Has the meaning given in § 139.30(1), Wis. Stats.
LAW ENFORCEMENT OFFICER
Has the meaning given in § 30.50(4s), Wis. Stats.
NICOTINE PRODUCTS
Has the meaning given in § 134.66(1)(f), Wis. Stats.
[Added 8-18-2015 by Ord. No. A-492]
TOBACCO PRODUCTS
Has the meaning given in § 139.75(12), Wis. Stats.
B. 
Use of cigarettes, tobacco products, and nicotine products in and near schools. It shall be unlawful for any person to use any cigarettes, tobacco products or nicotine products in any school building, or on any property owned by the School District of Lodi, or on any public sidewalk, street right-of-way or other land owned by the City of Lodi, the State of Wisconsin or Columbia County that lies within 90 feet of the boundaries of any property owned by the School District of Lodi.
[Amended 8-18-2015 by Ord. No. A-492]
C. 
Use of cigarettes, tobacco products, and nicotine products by minors.
[Amended 8-18-2015 by Ord. No. A-492]
(1) 
Except as provided in Subsection C(2), no minor may do any of the following:
(a) 
Buy or attempt to buy any cigarette, tobacco products, or nicotine products.
(b) 
Falsely represent his or her age for the purpose of receiving any cigarette, tobacco products or nicotine products.
(c) 
Possess any cigarette, tobacco products, or nicotine products.
(2) 
A person under the age of 18 may purchase or possess cigarettes, tobacco products, or nicotine 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.
(3) 
A law enforcement officer shall seize any cigarette, tobacco products, or nicotine products, involved in violation of Subsection C(1) committed in his or her presence.
D. 
Furnishing or sale of cigarettes, tobacco products, or nicotine products to minors. No person may procure for, sell, dispense or give away any cigarette or tobacco product to a person under the age of 18.
[Amended 8-18-2015 by Ord. No. A-492]
[Added 8-2-2016 by Ord. No. A-504]
The statutory provisions describing and defining regulations with respect to smoking contained in § 101.123, Wis. Stats., known as the "Clean Indoor Air Act," exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of such statutes, are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by § 101.123, Wis. Stats., and incorporated herein by reference is required or prohibited by this section.