[HISTORY: Adopted by the Village Board of the Village of Barneveld as § 12.05 of the 1993 Code. Amendments noted where applicable.]
No person shall in any manner, directly or indirectly, manufacture, sell, exchange, dispose of or give away or keep for sale any cigarettes or cigarette papers or wrappers without first obtaining a license therefor from the Village Clerk in the manner provided in § 134.65, Wis. Stats. This section shall not apply to jobbers or manufacturers doing interstate business with customers outside Wisconsin.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
All cigarette licenses shall be signed by the Village Clerk and indicate thereon the name of the licensee and the place where he is authorized to conduct the licensed business and shall expire on June 30 next succeeding the date of issue.
The penalty for violation of any provision of this section shall be as provided in § 1-2 of Chapter 1, General Provisions, of this Code. A separate offense shall be deemed committed on each day upon which a violation occurs or continues. If any person shall be convicted of a second or subsequent violation of the provisions of this section and the court, in its judgment, shall determine that he was personally guilty of a failure to exercise due care to prevent violation, his license privileges shall terminate immediately and he shall not be entitled to another license nor act as an agent or servant of another licensee for five years thereafter.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated.
CIGARETTE
Any roll of tobacco wrapped in paper or any substance other than tobacco.
LAW ENFORCEMENT OFFICER
Any person employed by the state or any political subdivision for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he is employed to enforce, and includes a person appointed as a conservation warden by the department under § 23.10(1) Wis. Stats.
TOBACCO PRODUCTS
Cigars; cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps; clippings, cuttings and sweeping of tobacco and other kinds and forms of tobacco prepared in such a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both chewing and smoking; but does not include cigarettes.
B. 
Except as provided in Subsection C, no person under the age of 18 may do any of the following:
(1) 
Buy or attempt to buy any cigarette or tobacco product.
(2) 
Falsely represent his or her age for the purpose of receiving any cigarette or tobacco product.
(3) 
Use any cigarette or tobacco product.
C. 
A child 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. 
A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of Subsection B committed in his or her presence.