[Adopted 2-17-2003 by Ord. No. 1-03]
For the purpose of this article, the following
definitions found in § 134.66(1), Wis. Stats., shall apply:
Has the meaning given in § 139.30.(1).
The City of Hudson.
Any of the following:
Any of the following:
Any of the following:
Any person licensed under § 134.65(1).
Has the meaning given in § 118.257(1)(c).
Has the meaning given in § 139.30(13).
Has the meaning given in § 139.75(11).
Has the meaning given in § 139.75(12).
Has the meaning given in § 139.30(14).
Has the meaning given in § 139.30 (15).
[Amended 3-20-2023 by Ord. No. 7-23]
A.
No retailer, manufacturer, distributor, jobber or sub-jobber; no
agent, employee or independent contractor of a retailer, manufacturer,
distributor, jobber or sub-jobber; and no agent or employee of an
independent contractor may sell, or provide for nominal or no consideration,
cigarettes or tobacco products to any person under the age of 21,
except as provided in Wis. Stats. § 254.92(2)(a). A vending
machine operator is not liable under this subsection for the purchase
of cigarettes or tobacco products from his or her vending machine
by a person under the age of 18 if the vending machine operator was
unaware of the purchase.
B.
No retailer, manufacturer, distributor, jobber, sub-jobber; no agent,
employee or independent contractor of a retailer, manufacturer, distributor,
jobber or sub-jobber; and no agent or employee of an independent contractor
may provide for nominal or no consideration cigarettes or tobacco
products to any person except in a place where no person younger than
21 years of age is present or permitted to enter unless the person
who is younger than 21 years of age is accompanied by his or her parent
or guardian or by his or her spouse who has attained the age of 21
years.
C.
Posting of notice.
(1)
A retailer shall post a sign in areas within his or her 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 21 is unlawful under this section and Wis. Stats. § 254.92.
(2)
A vending machine operator shall attach a notice in a conspicuous
place on the front of his or her vending machines stating that the
purchase of any cigarette or tobacco product by a person under the
age of 21 is unlawful under Wis. Stats. § 254.92 and that
the purchaser is subject to a forfeiture of not to exceed $50.
D.
Location of vending machines.
(1)
A retailer or vending machine operator may not sell cigarettes or
tobacco products from a vending machine unless the vending machine
is located in a place where the retailer or vending machine operator
ensures that no person younger than 21 years of age is present or
permitted to enter unless he or she is accompanied by his or her parent
or guardian or by his or her spouse who has attained the age of 21
years.
E.
No retailer may sell cigarettes in a form other than as a package
or container on which a stamp is affixed under Wis. Stats. § 139.32(1).
A.
Except as provided in § 225-12B, when a retailer hires or contracts with an agent, employee, or independent contractor whose duties will include the sale of cigarettes or tobacco products, the retailer shall provide the agent, employee, or independent contractor with training on compliance with § 225-11A and B, including training on the penalties under § 225-14, for a violation of § 225-11A and B. The Department of Health and Family Services shall make available to any retailer, on request, a training program developed or approved by that Department that provides the training required under this subsection. A retailer may comply with this subsection by providing the training program developed or approved by that Department. At the completion of the training, the retailer and the agent, employee, or independent contractor shall sign a form provided by the Department of Health and Family Services verifying that the agent, employee, or independent contractor has received the training, which the retailer shall retain in the personnel file of the agent, employee, or independent contractor.
B.
Section 225-12A does not apply to an agent, employee, or independent contractor who has successfully completed the training described in Subsection A as part of a responsible beverage server training course or a comparable training course, as described in Wis. Stats. § 125.04(5)(a)5. The Department of Health and Family Services shall make the training program developed or approved by that Department available to the technical college system board, and that board shall include that training program or a comparable training program approved by that Department in the curriculum guidelines specified by that board under Wis. Stats. § 125.04(5)(a)5. The Department of Health and Family Services shall also make the training program developed or approved by that Department available to any provider of a comparable training course, as described in Wis. Stats. § 125.04(5)(a)5., on request, and the Department of Revenue or the educational approval board may approve a comparable training course under Wis. Stats. § 125.04(5)(a)5 only if that training course includes the training program developed or approved by the Department of Health and Family Services or a comparable training program approved by that Department.
C.
If an agent, employee, or independent contractor who has not received the training described in § 225-12A commits a violation of § 225-11A or B, the City, as defined in Wis. Stats. § 254.911(2), may issue a citation based on that violation only to the retailer that hired or contracted with the agent, employee, or independent contractor and not to the agent, employee, or independent contractor who has not received that training. If an agent, employee, or independent contractor who has received the training described in § 225-12A commits a violation of § 225-11A or B for which the City issues a citation to the retailer that hired or contracted with the agent, employee, or independent contractor, the City shall also issue a citation based on that violation to the agent, employee, or independent contractor who has received that training.
Proof of all of the following facts by a retailer, manufacturer, distributor, jobber, or sub-jobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or a sub-jobber, or an agent or employee of an independent contractor who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of § 225-11A:
A.
That the purchaser falsely represented that he or
she had attained the age of 18 and presented an identification card.
B.
That the appearance of the purchaser was such that
an ordinary and prudent person would believe that the purchaser had
attained the age of 18.
C.
That 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.
B.
A person who commits a violation is subject to a forfeiture
of:
C.
A court shall suspend any license or permit issued
under Wis. Stats. § 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.
(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 violations.
