[Amended 8-13-1996 by Ord. No. 825]
A. 
Alcoholic beverages in public areas. Except as permitted under a special "Class B" license, it shall be unlawful for any person to sell or serve, or offer to sell or serve, or to consume or to carry or expose to view any open container of any fermented malt beverage, intoxicating liquor or alcoholic beverage upon any street, sidewalk, alley, public parking lot, highway, cemetery, public playground or other public area or off the premises of any established picnic area where such possession and consumption is not prohibited within the City or on private property without the owner's consent. The provisions of this section may be waived by the Common Council for duly authorized events.
B. 
Parked vehicles. No person shall consume any intoxicating liquor or fermented malt beverages while in a vehicle parked on a public thoroughfare or any public parking lot.[2]
[2]
Editor's Note: Original Sec. 11-5-1(c), Possession of alcohol beverages on school grounds prohibited, which immediately followed this subsection, was deleted 1-25-2000 by Ord. No. 00-3. See now § 177-32.
C. 
Place-to-place deliveries. No person may peddle any alcohol beverage from house to house where the sale and delivery are made concurrently.
D. 
Municipal stores. No municipality may engage in the sale of alcohol beverages, except as authorized under W.S.A. s. 125.26(6). This subsection does not apply to municipal stores in operation on November 6, 1969.[3]
[3]
Editor's Note: The following original sections, which immediately followed this subsection, were deleted 1-25-2000 by Ord. No. 00-3: Secs. 11-5-2, Sale to underage or intoxicated persons restricted, 11-5-3, Underage persons present in places of sale, 11-5-4, Underage persons prohibitions, 11-5-5, Defense of license or permittee, 11-5-6, Proof of age, and 11-5-7, Restrictions on sale or gift of cigarettes or tobacco products. See now § 177-32.
[1]
Editor's Note: See also Ch. 145, Intoxicating Liquor and Fermented Malt Beverages.
[Amended 1-25-2000 by Ord. No. 00-3; 11-10-2020 by Ord. No. 20-14]
A. 
As used in this section, the following terms shall have the meanings indicated:
CIGARETTE
The meaning given in W.S.A. s. 139.30(1m).
ELECTRONIC NICOTINE DELIVERY SYSTEMS (ENDS) AND NON-NICOTINE VAPOR PRODUCTS
Noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism regardless of shape or size, that can be used to produce a vapor in a solution or other form including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaporizers, or similar products or devices. "ENDS and other non-nicotine vapor products" shall include any vapor cartridge, solution, or other container, that may or may not contain nicotine, that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaporizers, or similar products or devices. "ENDS and other non-nicotine vapor products" do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.
LAW ENFORCEMENT OFFICER
The meaning given in W.S.A. s. 30.50(4s).
TOBACCO PRODUCTS
The meaning given in W.S.A. s. 139.75(12).
B. 
Restriction.
(1) 
Except as provided in Subsection B(3), no person under 18 years of age may do any of the following:
(a) 
Buy or attempt to buy any cigarette, tobacco product, electronic nicotine delivery systems, or non-nicotine vapor products.
(b) 
Falsely represent his or her age for the purpose of receiving any cigarette, tobacco product, electronic nicotine delivery systems, or non-nicotine vapor products.
(c) 
Possess any cigarette, tobacco product, electronic nicotine delivery systems, or non-nicotine vapor products.
(2) 
No person shall sell, give away, loan, borrow, or otherwise dispose of, by vending machine or otherwise, any cigarette, tobacco product, electronic nicotine delivery systems and non-nicotine vapor product to any person under the age of 18 years old.
(3) 
A person under 18 years of age may purchase or possess cigarettes, tobacco products, electronic nicotine delivery systems and non-nicotine vapor products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under W.S.A. s. 134.65(1).
(4) 
A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of Subsection B(1) committed in his or her presence.
C. 
Penalties. Whoever violates Subsection B(1), (2) and (3) shall forfeit not less than $50 and not more than $100.[1]
State Law Reference: W.S.A. s. 254.92.
[1]
Editor's Note: Original Sec. 11-5-9, General penalties, which immediately followed this subsection, was deleted 1-25-2000 by Ord. No. 00-3. See now § 177-32.