[HISTORY: Adopted by the Common Council of the City of Princeton
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 7, Ch. 3, of the City 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 section shall file with the City Administrator/Clerk-Treasurer 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 City Administrator/Clerk-Treasurer and shall name the licensee and the place wherein he/she is authorized to conduct such business, and the same shall not be delivered until the applicant shall pay to the City Administrator/Clerk-Treasurer a license fee as prescribed in Chapter 182, Fees.
[Amended 2-27-2018 by Ord. No. 01-2018]
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
City Administrator/Clerk-Treasurer. Each license shall be issued with
an effective date of July 1 (but may be issued by the City prior to
that date), or thereafter whenever applied for, and shall continue
in force from date of issuance until the succeeding June 30 unless
sooner revoked for any violation of this article.
[Added 2-25-2020 by Ord. No. 02-2020]
The provisions of §§ 254.911, 254.92, 134.65
and 134.66, Wis. Stats., are hereby adopted and by reference made
a part of this Code as if fully set forth herein. Any act required
to be performed or prohibited by any statute incorporated herein by
reference is required and prohibited by this Code. Any future amendments,
renumbering, revisions, or other modifications to any statute incorporated
herein are intended to be made a part of this Code in order to secure
conformity with state regulation of tobacco products.
[Added 2-25-2020 by Ord. No. 02-2020]
A.
Any person violating any of the provisions of this article shall be subject to the penalties contained in § 1-3 of this Code. Each day when any cigarettes or tobacco products are manufactured, sold, or disposed of within the City of Princeton without a compliance check fee having been paid therefor shall be a separate offense.
B.
In addition to the suspension or revocation of any license issued under this article, and except where otherwise specifically provided, any person found to be in violation of any provisions of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-3 of this Code.
[Adopted 2-25-2020 by Ord. No. 02-2020]
The City Council of the City of Princeton hereby finds that:
A.
It is recognized
and found that smoking of cigarettes and tobacco products is hazardous
to an individual's health and may affect the health of nonsmokers
when they are involuntarily in the presence of smoking.
B.
The American
Lung Association has stated that marijuana smoke contains many of
the same toxins, irritants, and carcinogens as tobacco smoke and secondhand
marijuana smoke contains many of the same toxins as directly inhaled
marijuana smoke.
C.
While electronic
delivery devices are currently unregulated by the United States Food
and Drug Administration, the use by and sale to children of electronic
delivery devices containing nicotine ("nicotine products") is prohibited
by Wisconsin law and Princeton ordinance.
D.
Several
other states, counties, and municipalities have already taken action
to prohibit the use of electronic delivery devices in certain locations.
E.
The American
Cancer Society Cancer Action Network advocates for smoke-free laws,
including electronic delivery devices and supposed nicotine-free electronic
delivery devices, in all workplaces to protect workers and the public
from the harmful effects of secondhand exposure and states that preliminary
studies indicate that nonusers can be exposed to the same potentially
harmful chemicals as users, including nicotine, ultrafine particles
and volatile organic compounds, which could be especially problematic
for children, pregnant women, and people with heart disease.
F.
A 2009
study by the United States Food and Drug Administration found cancer-causing
substances in several of the electronic delivery devices tested and
found nicotine in some electronic delivery devices that claimed to
contain no nicotine.
G.
This article
incorporates by reference as if fully set forth herein verbatim the
factual findings of the states, counties, and municipalities that
have investigated, documented, and/or made independent findings and
conclusions concerning the health effects and concerns arising from
and/or pertaining to smoking as defined in this article.
H.
This article
is adopted for the purpose of protecting the public health, safety,
comfort and general welfare of the people of the City of Princeton,
especially recognizing the rights of nonsmokers, who constitute a
majority of the population; educating citizens affected by this article;
and assisting individuals and persons in charge in maintaining compliance.
A.
The City
hereby adopts the provisions of § 101.123, Wis. Stats.,
Smoking prohibited, in its entirety and any subsequent amendments
or iterations thereafter.
B.
In addition
to the provisions of § 101.123, Wis. Stats., smoking shall
also be prohibited within or upon all buildings and equipment owned,
leased, or rented by the City of Princeton.
Terms used in this article have the following meanings:
Any product containing or delivering nicotine or any other
substance intended for human consumption that may be used by a person
to simulate smoking through inhalation of vapor or aerosol from the
product. "Electronic delivery device" shall include any such device,
whether manufactured, distributed, marketed, or sold as an e-cigarette,
e-cigar, e-pipe, e-hookah, or vape pen, or under any other product
name or descriptor.
Inhaling, exhaling, burning or carrying any lighted or heated
cigar, cigarette, pipe, or any other lighted or heated tobacco or
plant product intended for inhalation, including hookahs and marijuana,
whether natural or synthetic, in any manner or in any form. "Smoking"
shall include the use of an electronic delivery device which creates
an aerosol or vapor, in any manner or in any form, or the use of any
oral smoking device for the purpose of circumventing the prohibition
of smoking in this article.
No person may use electronic delivery devices within 25 feet
of an entrance to a school building. A "school building" is a building
under the control of a school board.
The prohibition against smoking in § 149-9 does not apply to the following:
A.
A private
residence.
B.
A retail
tobacco store that is in existence on June 3, 2009, and in which only
the smoking of cigars and pipes is allowed.
C.
A tobacco
bar that is in existence on June 3, 2009, and in which only the smoking
of cigars and pipes is allowed.
D.
A retail
electronic delivery device store may provide and permit the use of
electronic delivery devices and accessories for the purpose of sampling.
E.
A room
used by only one person in an assisted living facility as his or her
residence.
F.
A room
in an assisted living facility in which two or more persons reside,
if every person who lives in that room smokes and each of those persons
has made a written request to the person in charge of the assisted
living facility to be placed in a room where smoking is allowed.
Except as otherwise specifically provided, any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-3 of this Code.
