[Code 1966, § 14.03(3)(1)]
(a) The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
DISTRIBUTOR
Any of the following:
(1)
A person specified under W.S.A., § 139.30(3).
(2)
A person specified under W.S.A., § 139.75(4).
IDENTIFICATION CARD
Any of the following:
(1)
A license containing a photograph issued under W.S.A., ch. 343.
(2)
An identification card issued under W.S.A., § 343.50.
(3)
An identification card issued under W.S.A., § 125.08.
JOBBER
As given in W.S.A., § 139.30(6).
MANUFACTURER
Any of the following:
(1)
A person specified under W.S.A., § 139.30(7).
(2)
A person specified under W.S.A., § 139.75(5).
PLACE OF BUSINESS
Any place where cigarettes or tobacco products are sold,
manufactured, or stored for the purpose of sale or consumption, including
any vessel, vehicle, airplane, train or vending machine.
RETAILER
Any person licensed under W.S.A., § 134.65(1).
SCHOOL
As given in W.S.A., § 118.257(1)(c).
[Code 1966, § 14.03(1)]
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 W.S.A.,
§ 134.65. This article shall not apply to jobbers or manufacturers
doing interstate business with customers outside the state.
[Code 1966, § 14.03(2); Ord. No.
634, § I, 9-1-1998; Ord. No. 778, § II, 10-18-2005]
The fee for such cigarette/tobacco license shall be specified
in the most current Village Board resolution, and the Village Treasurer's
receipt therefor must be presented to the Village Clerk before the
Village Clerk shall issue any license under this article.
[Code 1966, § 14.03(3)(2); Ord.
No. 897, § I, 4-21-2015]
(a) No retailer may sell or give cigarettes, tobacco products or nicotine
containing or dispensing products to any person under the age of 18,
except as provided in W.S.A., § 48.983(3). A vending machine
operator is not liable under this section for purchase of cigarettes,
tobacco products or nicotine containing or dispensing products from
the vending machine by a person under the age of 18 if the vending
machine operator was unaware of the purchase.
(b) A retailer shall post a sign in areas within his premises where cigarettes
or tobacco products are sold to consumers stating that the sale of
any cigarette or tobacco product to a person under the age of 18 is
unlawful under this section and W.S.A., § 48.983.
(c) A vending machine operator shall attach a notice in a conspicuous
place on the front of his vending machines stating that the purchase
of any cigarette or tobacco product by a person under the age of 18
is unlawful under W.S.A., § 48.983 and that the purchaser
is subject to a forfeiture not to exceed $25.
(d) No person may place a vending machine within 500 feet of a school.
(e) Except as provided in Subsection
(f) of this section, a vending machine operator shall remove all of his vending machines, which are located within 500 feet of a school, by September 1, 1989.
(f) Notwithstanding Subsection
(e) of this section, if a written agreement binding on a vending machine operator governs the location of his vending machine which is located within 500 feet of a school, the vending machine owner shall remove the vending machine on the date that the written agreement expires or would be extended or renewed.
(g) No manufacturer, distributor, jobber, subjobber, retailer, or their
employees or agents may provide cigarettes or tobacco products for
nominal or no consideration to any person under the age of 18.
[Code 1966, § 14.03(3)(3)]
(a) Proof of all of the following facts by a retailer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for violation of §
22-59(a):
(1)
The purchaser falsely represented that he has attained the age
of 18 and presented an identification card.
(2)
The appearance of the purchaser was such that an ordinarily
prudent person would believe that the purchaser had attained the age
of 18.
(3)
The sale was made in good faith, in reasonable reliance on the
identification card and appearance of the purchaser and in the belief
that the purchaser had attained the age of 18.
[Code 1966, § 14.03(3)(4)]
(a) In this section, the word "violation" means a violation of §
22-59(a),
(c) or
(g) or a local ordinance which strictly conforms to §
22-59(a),
(c) or
(g).
(b) A person who commits a violation is subject to a forfeiture of:
(1)
Not more than $500 if the person has not committed a previous
violation within 12 months of the violation; or
(2)
Not less than $200 nor more than $500 if the person has committed
a previous violation within 12 months of the violation.
(c) A court shall suspend any license or permit issued under W.S.A.,
§ 134.65, 139.34 or 139.79 to a person for:
(1)
Not more than three days, if the court finds that the person
committed a violation within 12 months after committing one previous
violation;
(2)
Not less than three days nor more than 10 days, if the court
finds that the person committed a violation within 12 months after
committing two other violations; or
(3)
Not less than 15 days nor more than 30 days, if the court finds
that the person committed the violation within 12 months after committing
three or more other violations.
(d) The court shall promptly mail notice of a suspension under Subsection
(c) of this section to the department of revenue and to the Clerk of each municipality which has issued a license or permit to the person.
(e) Whoever violates Subsection
(b) of this section shall forfeit not more than $25.