[HISTORY: Adopted by the Town Board of Supervisors
of the Town of Grand Chute as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Smoking ban — See Ch. 398.
[Adopted 1-7-1997 as §§ 9.03 and 9.12 of the 1997 Code; amended 12-19-2006]
No person shall in any manner, directly or indirectly,
manufacture, sell, exchange, dispose of or give away or keep for sale
any cigarettes without first obtaining a license therefor from the
Town 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.
The fee for such cigarette license shall be
as prescribed in the Town Fee Schedule, and the Treasurer's receipt
therefor must be presented to the Clerk before he/she shall issue
any license hereunder.
All cigarette licenses shall be signed by the
Town Clerk and indicate thereon the name of the licensee and the place
where he/she is authorized to conduct the licensed business and shall
expire on June 30 next succeeding the date of issue.
[Amended 12-20-2011 by Ord. No. 2011-30]
A.
A first violation of any provision of this article
shall be punished by a fine as prescribed in the Uniform Forfeiture
and Bond Schedules, together with the costs of prosecution, and on
default of the payment of any such fine and/or costs of prosecution
such person shall be committed to the county jail of Outagamie County
until such fine and costs are paid, but not to exceed 90 days.
B.
Any person violating this article who shall previously
have been convicted of a violation of this article shall, upon proof
and conviction thereof, forfeit an amount as prescribed in the Uniform
Forfeiture and Bond Schedules, together with the costs of prosecution,
and on default of the payment of any such fine and costs of prosecution,
or either of them, such convicted person shall be committed to and
confined within the county jail of Outagamie County, Wisconsin, until
such fine and costs of prosecution are paid, but not to exceed six
months.
C.
Each day of violation under this article shall constitute
a separate and distinct offense.
[Adopted 1-7-1997 as § 7.21 of the 1997 Code; amended in its entirety 10-19-2010 by Ord. No.
2010-16]
A.
The provisions
of § 254.92, Wis. Stats., regarding the possession or purchase
of cigarettes and tobacco products by persons under the age of 18,
exclusive of any penalty contained therein, are hereby adopted by
reference and made an offense punishable as a violation of this Code.
B.
The provisions
of § 134.66, Wis. Stats., regarding the sale or gift of
cigarettes or tobacco products, exclusive of any penalty contained
therein, are hereby adopted by reference and made an offense punishable
as a violation of this Code.
[Added 4-16-2019 by Ord.
No. 2019-05[1]]
A.
ELECTRONIC DELIVERY DEVICE
E-LIQUID
Definitions. The following words, terms, and phrases, when used in
this section, shall have the meaning ascribed to them, except where
the context indicates a different meaning:
Any product containing or delivering nicotine, lobelia, or
any other substance intended for human consumption that can be used
by a person to simulate smoking in the delivery of nicotine or, any
other substance through inhalation of aerosol, mist, or vapor from
the product. The term includes, but is not limited to, devices manufactured,
distributed, marketed, or sold as electronic cigarettes or cigars,
electronic pipes, personal vaporizers, electronic nicotine delivery
systems, vape pens, or electronic hookahs. An electronic cigarette
(e-cig or e-cigarette), personal vaporizer (PV), or electronic nicotine
delivery system (ENDS) is a battery-powered vaporizer which has the
feel of tobacco smoking. They produce a mist rather than cigarette
smoke. In general, a heating element vaporizes a liquid solution known
as e-liquid. E-liquids usually contain a mixture of propylene glycol,
glycerin, nicotine, and flavorings.
A liquid mixture that may contain nicotine, as well as varying
compositions of propylene glycol, glycerin, and flavorings, which
is designed to be heated in an electronic delivery device to create
an aerosol or vapor that can be inhaled.
B.
Prohibitions.
C.
Signage. A retailer shall post a sign in areas within his or her
premises where electronic delivery devices or e-liquids are sold to
consumers stating that the sale of any electronic delivery device
or e-liquid products to a person under the age of 18 is unlawful under
this section.
Any person who violates any provision of this article may be subject to a forfeiture of an amount prescribed in the Uniform Forfeiture and Bond Schedules, as established by the Town Board, and the costs of prosecution. In addition to the forfeiture, a juvenile in violation of § 241-5A may be subject to one or more of the dispositions established in § 938.343, Wis. Stats.
