[Adopted 4-12-1988 as Sec. 6-1-6 of the 1988 Code; amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Section 101.123, Smoking prohibited, of the Wisconsin Statutes
is adopted by reference and incorporated herein.
[Adopted 4-12-1988 as Sec. 7-3-2 of the 1988 Code]
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.
Every person, firm or corporation desiring a license under this
article shall file with the Village 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 Village 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 Village Clerk a license fee as set by the Village
Board at the time of making application.
Licenses for the sale, exchange, barter, disposition of, or
giving away or keeping for sale of cigarettes, cigarette paper or
cigarette wrappers or any substitute therefor shall be issued by the
Village 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 unless
sooner revoked for any violation of this article.
[Added 10-12-2004; amended 2-14-2017]
A. Cigarette retailers and their agents and employees must strictly
conform to Wis. Stats. § 134.66, Restrictions on sale or
gift of cigarettes or tobacco products. Per Wis. Stats. § 134.66(4),
a person who commits a violation of said cigarette license statute
is subject to forfeiture, license suspension, and notice to the Department
of Revenue by the Village.
B. No licensed retailer, or the agent or employee thereof, may sell or give cigarettes or tobacco products or any electronic delivery device as defined in §
339-8A of this Code to any person under the age of 18, except as provided in §
339-9C of this Code. 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 if the vending machine operator was not aware of the purchase.