[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-1-1994 by Ord. No. 12-94
as § 31.05 of the 1994 Code]
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 from the Village Clerk-Treasurer in the manner provided
in § 134.65, Wis. Stats. This section shall not apply to
jobbers or manufacturers doing interstate business with customers
outside of Wisconsin.
[Amended 2-4-1999 by Ord. No. 1-99]
The fee for a cigarette license shall be as provided in Chapter 33, Fees. Payment of such fee shall be made at the time of application for the license.
[Amended 7-8-2003 by Ord.
No. 20-03]
All cigarette licenses shall be signed by the
Village Clerk-Treasurer 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. Such
licenses shall not be transferable from one person to another nor
from one premises to another.
The penalty for violation of any provision of this article shall be as provided in § 60-1 of this Code. A separate offense shall be deemed committed on each day upon which the violation occurs or continues. If any person shall be convicted of a second or subsequent violation of the provisions of this article 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.
[Adopted 12-5-2002 by Ord. No. 20-02]
[Amended 12-27-2018 by Ord. No. 8-18; 2-24-2020 by Ord. No. 02-20]
A.
Tobacco products. Possession, smoking and/or use of tobacco products
is prohibited in all educational facilities, as the term is defined
in § 101.123(1)(a), Wis. Stats., as well as on all grounds on
which any educational facility is located.
B.
Electronic smoking device. As used herein, the term " electronic smoking device"
means any product containing nicotine or any other similar substance
intended for human consumption that can be used by a person to simulate
smoking through inhalation of vapor or aerosol from the product. Electronic
smoking device includes any component part of such product whether
or not sold separately. Electronic smoking device does not include
any product that has been approved by the United States Food and Drug
Administration (FDA) for sale as a tobacco-cessation product and is
being marketed and sold solely for the approved purpose.
(1)
Consistent with §§ 134.66 and 254.92, Wis. Stats., no person
shall sell or offer any electronic smoking device or nicotine product
to any person under 21 years of age.
(2)
No person under 21 years of age shall possess any electronic smoking
device or nicotine product.
(3)
No person shall use an electronic smoking device on school grounds
or in school buildings, rented or under the control of the Johnson
Creek School Board, except that this prohibition shall not apply to
premises owned by the school district and rented to another for noneducational
purposes.
As used in this article, the following terms
shall have the meanings indicated:
A person has dominion or control over any tobacco product
as provided in § 254.92, Wis. Stats.
Possession of a lighted cigarette, cigar, pipe, or any other
lighted smoking equipment.
[Amended 7-8-2003 by Ord.
No. 20-03]
Any person who violates the provisions of this article shall be subject to a forfeiture as provided in Chapter 60, Penalties, together with assessments and costs as may be imposed by the courts. A person who fails to pay such a forfeiture shall be subject to alternative penalties, as provided in § 60-1 of this Code.
