Village of Mishicot, WI Cigarettes and Tobacco Products

Purpose. The purposes of this section are:

To protect the public health and welfare by prohibiting smoking in public places and places of employment; and

To guarantee the right of nonsmokers to breathe smoke-free air.

Definitions. As used in this section, the following terms shall have the meanings indicated:

An establishment that is devoted to the serving of alcohol beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to taverns, nightclubs, cocktail lounges, and cabarets.

CHILD-CARE FACILITY

Any state-licensed or county-certified child-care facility, including but not limited to licensed family day-care or licensed group day-care centers, licensed day camps, certified school-age programs and head start programs.

EDUCATIONAL FACILITY

Any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board.

EMPLOYEE

Any person who is employed by any employer for direct or indirect monetary wages or profit, including those full time, part time, temporary or contracted for from a third party; "employee" also means any person who serves as a volunteer for a business or nonprofit entity.

EMPLOYER

Any person, partnership, limited liability company, corporation, or other entity, including a public or nonprofit entity which employs the services of one or more individual persons.

ENCLOSED AREA

All space between a floor and a ceiling that is closed in on all sides by doors, walls, or windows, whether open or closed, the combination of which extend from the floor to the ceiling. A wall includes any physical barrier, whether temporary or permanent.

HEALTH CARE FACILITY

An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.

PERSON IN CHARGE

The person who ultimately controls, governs or directs the activities aboard a public conveyance or within or at a place where smoking is regulated under this section, regardless of the person's status as owner or lessee.

PLACE OF EMPLOYMENT

Any indoor area at which two or more individuals perform any type of a service for consideration of payment under any type of contractual relationship, including, but not limited to, an employment relationship with or for a private corporation, partnership, individual or government agency. "Place of employment" includes any indoor area where two or more individuals gratuitously perform services for which individuals are ordinarily paid. A place of employment includes, but is not limited to, public conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores, banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, health care facilities, and rooms or areas containing office equipment used in common. Vehicles used in whole or in part for work purposes are places of employment during hours of operation if more than one person is present. An area in which work is performed in a private residence is a place of employment during hours of operation if:

(1)

The homeowner uses the area exclusively and regularly as a principal place of business and has one or more on-site employees; or

(2)

The homeowner uses the area exclusively and regularly as a place to meet or deal with patients, clients, or customers in the normal course of the homeowner's trade or business.

PRIVATE RESIDENCE

Premises owned, rented or leased for temporary or permanent habitation.

PUBLIC PLACE

Any enclosed, indoor areas used by the general public, including, but not limited to, restaurants, bars, and other food or liquor establishments; retail stores and other commercial establishments; educational facilities, both public and private; hospitals; nursing homes; auditoriums; sports arenas, including enclosed areas in outdoor arenas; public transportation vehicles, including buses and taxicabs, and ticket, boarding and waiting areas of public transportation facilities; meeting rooms; elevators; polling places; rest rooms, lobbies, reception areas, hallways and other common use areas; and common areas of apartment buildings and other multiple-unit residential facilities.

RETAIL TOBACCO STORE

A retail establishment that derives more than 80% of its gross revenue from the sale of cigars, cigarettes, pipes, or other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Retail tobacco store" does not include a tobacco department or section of a larger commercial establishment or any establishment with a Class "B" fermented malted beverages license or "Class B" intoxicating liquor license or any restaurant in existence prior to date of passage of this section.

ROOM

A space within a building completely enclosed with walls, partitions, floor and ceiling, except for openings for light, ventilation, ingress and egress.

SMOKING

Inhaling or exhaling smoke from any lighted cigarette, cigar, pipe or similar tobacco product or other lighted plant product intended for inhalation. A person having in his possession or control a lighted tobacco product or lighted plant product is also considered smoking.

SPORTS ARENA

Sports pavilions, bleachers, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and indoor ice rinks, and bowling centers.

TOBACCO BAR

A bar that generates 50% or more of its total annual gross income from the on-site sale of tobacco products, not including any sales from vending machines.

Prohibition of smoking in enclosed public places. Except as otherwise provided, it shall be unlawful for any person to smoke in public places, including but not limited to the following:

(1)

Elevators and enclosed stairwells of Village-owned property.

(2)

Public forms of transportation, including but not limited to motor buses, taxicabs, or other public passenger vehicles.

(3)

Theaters, libraries, museums, auditoriums, and convention halls that are used by or open to the public.

(4)

Any child-care facility. Incorporated herein by reference are § 101.123(1)(abm) and (2)(a)1r, Wis. Stats., and any amendments or renumbering thereof.

[Amended 12-21-2021 by Ord. No. 12-21-2021]

(5)

Retail stores.

(6)

Health care facilities.

(7)

Meeting and conference rooms in which people gather for educational, business, professional, union, governmental, recreational, political or social purposes.

(8)

Polling places.

(9)

Service lobbies, waiting areas, and the common areas open to the public of financial institutions, business and professional offices, and multiunit commercial facilities.

(10)

Self-service laundry facilities.

(11)

Enclosed, indoor areas of restaurants.

(12)

Common areas of malls.

(13)

Village buildings.

(14)

Village-owned or -leased motor vehicles.

(15)

Sports arenas, including enclosed places in outdoor arenas.

(16)

Enclosed, indoor areas of bars.

(17)

Bed-and-breakfast establishments, hotels and motels, except as provided in Subsection F(2).

Prohibition of smoking in places of employment.

(1)

It shall be unlawful for any person to smoke cigarettes or tobacco products in places of employment.

(2)

Every building that is a place of employment shall have at least one entrance that is smoke free. For buildings with fewer than four entrances, no more than one entrance may be designated as a smoking entrance. For buildings with four or more entrances, no more than 25% of all entrances may be designated as a smoking entrance.

Prohibition of smoking in outdoor areas. Smoking shall be prohibited in the following outdoor places:

[Amended 12-21-2021 by Ord. No. 12-21-2021]

(1)

Within a reasonable distance outside any entrances designated smoke free pursuant to Subsection D(2) above, open windows, and intake of ventilation systems of enclosed areas where smoking is prohibited, so as to ensure that tobacco smoke does not enter those areas.

(2)

In all outdoor arenas, stadiums, and amphitheaters, except in designated smoking areas, which may be established only in perimeter areas a reasonable distance from any seating areas or concession stands. Smoking shall also be prohibited in, and within a reasonable distance of, bleachers and grandstands for use by spectators at sporting and other public events.

(3)

In the Mishicot Skate Park and Wooden Wonderland vicinity as posted.

(4)

In outdoor common areas of nursing homes, except in designated smoking areas, which must be located at least a reasonable distance outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited.

Where smoking is not regulated. The following areas shall not be subject to the smoking restrictions of this section:

(1)

Private residences, except when used as a child-care, adult day-care, or health care facility.

(2)

Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 25% of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor must be contiguous, and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this section. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.

(3)

Cigar tobacco bars, subject to the following:

(a)

Smoking of cigar tobacco products is permitted.

(b)

Smoking of cigarettes is not permitted.

(c)

Service of food is not permitted.

(d)

To qualify for this exemption the owner must file written proof by providing an income statement sworn by the owner certifying the tobacco bar's total gross income and the percentage of tobacco product sales from the tobacco bar. The Village Clerk-Treasurer or Village Attorney may at any time request further information, including an audit of the tobacco bar's records, if there is reason to believe the financial data may not be accurate.

(e)

Tobacco bars shall display signs that state that smoking is permitted but that cigarettes may not be smoked in the tobacco bar, and warning of the dangers of secondhand smoke.

[Amended 12-21-2021 by Ord. No. 12-21-2021]

(4)

Retail tobacco stores in existence on the date of the passage of this section.

Ashtray removal. All ashtrays shall be removed from any area where smoking is prohibited by this section by the owner, operator, manager, or other person having control of the area.

Non-retaliation; non-waiver of rights.

(1)

No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this section or reports or attempts to prosecute a violation of this section. Notwithstanding Subsection J, violation of this subsection shall be punishable by a fine not to exceed $1,000 for each violation.

(2)

An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.

Enforcement.

(1)

This section shall be enforced by the Building Inspector and the Chief of Police or an authorized designee.

[Amended 12-21-2021 by Ord. No. 12-21-2021]

(2)

Notice of the provisions of this section shall be given in writing to all applicants for a business license in the Village of Mishicot.

(3)

Any citizen who desires to register a complaint under this section may initiate enforcement with the Chief of Police or Village Board.

[Amended 12-21-2021 by Ord. No. 12-21-2021]

(4)

The Police Department, Fire Department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this section.

[Amended 12-21-2021 by Ord. No. 12-21-2021]

(5)

If an owner, manager, operator, or employee of an establishment subject to this section observes a person violating the section, he or she shall immediately direct the person in violation to stop smoking. If the person violating the section does not stop smoking, the owner, manager, operator, or employee shall make reasonable efforts to prevent smoking in prohibited areas by:

(a)

Approaching smokers who fail to voluntarily comply with this section and requesting that they extinguish their cigarette or tobacco product and refrain from smoking; or

(b)

Refusing service to anyone smoking in a prohibited area.

(6)

In addition to the remedies provided by the provisions of this section, the Chief of Police or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this section may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.

[Amended 12-21-2021 by Ord. No. 12-21-2021]

Violations and penalties.

(1)

Whoever violates this section is subject to a penalty as set forth in § 1-2 of the Code.

[Amended 12-21-2021 by Ord. No. 12-21-2021; 3-7-2023 by Ord. No. 2023-04]

(2)

Except as otherwise provided in Subsection H(1), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this section is subject to a penalty as set forth in § 1-2 of the Code.

[Amended 12-21-2021 by Ord. No. 12-21-2021; 3-7-2023 by Ord. No. 2023-04]

(3)

In addition to the fines established by this section, violation of this section by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.

(4)

Violation of this section is hereby declared to be a public nuisance, which may be abated by the Village by restraining order, preliminary and permanent injunction, or other means provided for by law, and the Village may take action to recover the costs of the nuisance abatement.

Statute adopted. Section 101.123, Wis. Stats., is adopted by reference and incorporated in this section.

[Added 12-21-2021 by Ord. No. 12-21-2021]

[1]

Editor's Note: This section was originally effective 7-5-2010.