[HISTORY: Adopted by the Village Board of
the Village of Webster 3-13-1986 as Secs. 6-1-5 and 7-3-2 of the 1986 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Drugs and drug paraphernalia — See Ch. 135.
[Amended 5-9-2018 by Ord.
No. 2018-06]
The Wisconsin State Statutes are adopted by reference and incorporated
herein.
As used in this article, the following terms shall have the
meanings indicated:
Any building used principally for educational purposes in
which a school is located or a course of instruction or training program
is offered that has been approved or licensed by a state agency or
board.
Has the meaning provided under § 50.135(1), Wis.
Stats., except that it does include community-based residential facilities
as defined under § 50.01(1g), Wis. Stats.
Any area that serves as a place of work at which the principal
activities consist of professional, clerical or administrative services.
The person who ultimately controls, governs or directs the
activities aboard a public conveyance or within a place where smoking
is regulated under this article, regardless of the person's status
as owner or lessee.
Mass transit vehicles as defined by § 340.01(28m),
Wis. Stats., and school buses as defined by § 340.01(56),
Wis. Stats.
An establishment defined in § 254.61(5), Wis. Stats.,
with a seating capacity of more than 50 persons.
Any store or shop in which retail sales is the principal
business conducted, except a tavern operating under a "Class B" intoxicating
liquor license or Class "B" fermented malt beverage license and except
bowling alleys.
Carrying a lighted cigar, cigarette, pipe or any other lighted
smoking equipment.
A.
Except as provided in § 271-4, no person may smoke in the following places:
(1)
Public conveyances.
(2)
Educational facilities.
(3)
Inpatient health care facilities.
(4)
Indoor movie theaters.
(5)
Offices.
(6)
Passenger elevators.
(7)
Restaurants.
(8)
Retail establishments.
(9)
Public waiting rooms.
(10)
Any enclosed, indoor area of a state, county, city, village
or town building.
(11)
Any housing and/or property that is owned by the state or federal
government.
The regulation of smoking in § 271-2 does not apply to the following places:
B.
Offices occupied exclusively by smokers.
C.
Entire rooms or halls used for private functions, if the arrangements
for the function are under the control of the sponsor of the function.
D.
Restaurants holding a "Class B" intoxicating liquor or Class "B"
fermented malt beverage license if the sale of intoxicating liquors
or fermented malt beverages or both accounts for more than 50% of
the restaurant's receipts.
E.
Offices that are privately owned and occupied.
F.
Any area of a facility used principally to manufacture or assemble
goods, products or merchandise for sale.
G.
Prisons, secured correctional facilities, secure detention facilities,
jails and lockup facilities.
A.
A person in charge or his or her agent may designate smoking areas in the places where smoking is regulated under § 271-2 unless a fire marshal, law, ordinance or resolution prohibits smoking. Entire rooms and buildings may be designated smoking areas.
B.
If an entire room is designated a smoking area, the person in charge
or his or her agent shall post notice of the designation conspicuously
on or near all entrances to the room normally used by the public.
If an entire building is designated a smoking area, notice of the
designation shall be posted on or near all entrances to the building
normally used by the public, but posting notice of the designation
on or near entrances to rooms within the building is not required.
C.
The person in charge or his or her agent shall utilize, if possible,
existing physical barriers and ventilation systems when designating
smoking areas. This subsection requires no new construction of physical
barriers or ventilation systems in any building.
D.
This section requires the posting of signs only in areas where smoking
is permitted.
The person in charge or his or her agent shall:
A.
On and after April 1, 1985, any person in charge or his or her agent who willfully fails to comply with § 271-5 shall forfeit not more than $25.
B.
Sections 101.02(13)(a) and 939.61(1), Wis. Stats., do not apply to
this article.
C.
A violation of this article does not constitute negligence as a matter
of law.
After July 1, 1985, state or local officials or any affected
party may institute an action in any court with jurisdiction to enjoin
repeated violations of this article.
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 article shall file with the Village 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 Village Clerk-Treasurer and shall name the licensee and
the place wherein he is authorized to conduct such business, and the
same shall not be delivered until the applicant shall pay to the Village
Clerk-Treasurer a license fee as established by the Village Board.
Licenses for the sale, exchange, barter, disposition
of or giving away or keeping for sale of cigarette paper or cigarette
wrappers or any substitute therefor shall be issued by the Village
Clerk-Treasurer. Each license shall be issued on the first day of
July in each year, or thereafter whenever applied for, and shall continue
in force from the date of issuance until the succeeding June 30, unless
sooner revoked for any violation of this article.
