[HISTORY: Adopted by the Common Council of the City of Prescott as indicated in article histories. Amendments noted where applicable.]
Article I Cigarette License
Article II Smoking
[Adopted as Sec. 7-3-1 of the former 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 article shall file with the City Clerk 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 Clerk 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 Clerk a license fee of as prescribed in the City's fee schedule.
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 Clerk. 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.
No retailer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, manufacturer, distributor, jobber or subjobber 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 18. A vending machine operator is not liable under this section 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.
[Adopted 5-10-2010 by Ord. No. 06-10 (Title 11, Ch. 9, of the former City Code)]
This article is adopted for the purpose of protecting the public health, safety, comfort and general welfare of the people of the City of Prescott, especially recognizing the health interest of nonsmokers.
For purposes of this article, the following terms have the meanings indicated:
- ASSISTED LIVING FACILITY
- A community-based residential facility, as defined in § 50.01(1g), Wis. Stats., a residential care apartment complex, as defined in § 50.01(1d), Wis. Stats., or an adult family home, as defined in § 50.01(1)(b), Wis. Stats.
- BED-AND-BREAKFAST ESTABLISHMENT
- The meaning set forth in § 254.61(1), Wis. Stats.
- CHILD-CARE FACILITY
- Any licensed or certified child-care facility, including but not limited to licensed family day care or licensed group day-care centers, licensed day camps, certified school-age programs, and Head Start programs.
- The meaning set forth in § 139.30(1m), Wis. Stats.
- ENCLOSED AREA
- All space between a floor and ceiling that is bounded by walls, doors, or windows, whether open or closed, covering more than 50% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.011 gauge screen with an 18 by 16 mesh court is not a wall.
- A doorway and adjacent area which gives direct access to a building from a contiguous street, plaza, sidewalk, or parking lot.
- HEALTH CARE FACILITY
- The meaning set forth in § 155.01(6), Wis. Stats.
- HOTEL and MOTEL
- The meaning set forth in § 254.61(3), Wis. Stats.
- An enclosed indoor area containing common areas and discrete businesses and stores primarily devoted to the retail sale of goods and services.
- MEDICAL SERVICES
- The meaning set forth in § 647.01(6), Wis. Stats.
- Smoking is prohibited.
- PERSON IN CHARGE
- The person or his or her agent who ultimately controls, governs or directs the activities at a location where smoking is prohibited or regulated under this article.
- PLACE OF EMPLOYMENT
- An enclosed area controlled by the employer which employees normally frequent during the course of employment, including but not limited to common work areas, private offices, employee lounges, rest rooms, conference and meeting rooms, classrooms, health care facilities, cafeterias, stairways, hallways, vehicles, and all other enclosed facilities. A private residence is not a place of employment within the meaning of this article.
- PRIVATE CLUB
- An organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain and which only sells alcoholic beverages incidental to its operation. The affairs and management of the private club are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The private club has established bylaws and/or a constitution to govern the club's activities. The private club has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C.A. § 501.
- PRIVATE RESIDENCE
- A premises owned, rented, or leased for temporary or permanent habitation.
- PUBLIC PLACE
- Any enclosed area to which the public is invited or in which the public is permitted. A private residence is not a public place unless it is used as a child care facility, adult day care facility, or health care facility.
- To inhale, exhale, carry, possess, or control any lighted cigarette or any lighted tobacco product in any form or in any manner.
- TOBACCO PRODUCT
- The meaning set forth in § 139.75(12), Wis. Stats.
Except as provided in § 271-10 smoking in any public place shall be unlawful, including but not limited to the following:
Theatres, libraries, museums, auditoriums, and convention halls which are used by or open to the public.
Assisted living facilities.
Health care facilities.
Waiting rooms, hallways, or rooms of health care laboratories.
Waiting rooms, hallways, and rooms in offices of any physician, dentist, psychologist, chiropractor, optometrist, optician, or other medical service provider.
Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, and other multiple-unit residential facilities.
Rest rooms, lobbies, reception areas, hallways, and other common areas which are used by or open to the public.
Meeting and conference rooms in which people gather for educational, business, professional, union, governmental, recreational, political, or social purposes.
Self-service laundry facilities.
Bars, taverns, nightclubs, and cocktail lounges.
Common areas of malls, meaning those areas within a mall customarily accessible to patrons.
City facilities, meaning all City-owned and operated buildings and those portions of buildings leased and operated by the City.
Educational facilities, meaning 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.
Sports arenas, meaning sports pavilions, stadiums, gymnasiums, health spas, swimming pools, roller and indoor ice rinks, bowling centers, and other similar places where the public assembles to engage in physical exercise, participate in athletic event competition, or witness a sporting or other event.
Common areas in bed-and-breakfast establishments, hotels and motels, and rooms thereof that are rented to guests and designated as nonsmoking rooms, including lobbies, community rooms, hallways, laundry rooms, stairwells, elevators, enclosed parking facilities, pool areas, and rest rooms within said facilities.
Smoking shall be unlawful in the following areas:
In the seating areas of all outdoor arenas, stadiums, and amphitheaters, as well as in the bleachers and grandstands used by spectators at sporting and other public events, including, without limitation, softball, football and baseball fields.
Those portions of City parks temporarily posted as no smoking areas by the Parks and Public Property Committee when necessary for the public health or safety.
Those areas outside of City facilities that are posted as no smoking by the City Administrator or his or her designee.
[Amended 9-27-2010 by Ord. No. 11-10]
The following shall not be subject to and are exempt from the smoking prohibitions of this article:
Signs prohibiting smoking shall be posted conspicuously at every public entrance by the proprietor or other person in charge of each building or structure regulated by §§ 271-7 and 271-8. Signs in specified outdoor areas designated as nonsmoking pursuant to § 271-9 shall be placed so that the general public has reasonable notice of the prohibition. Signs shall contain the international symbol for no smoking and the word "No Smoking."
It shall be unlawful for any person to remove, deface, or destroy any legally required "No Smoking" sign.
No person in charge may allow any person to smoke at a location that is under the control or direction of the person in charge.
A person in charge may not provide matches, ashtrays, or other equipment for smoking at the location where smoking is prohibited.
A person in charge shall make reasonable efforts to prohibit person from smoking at a location where smoking is prohibited by doing all of the following:
Posting signs setting forth the prohibition and providing other appropriate notification and information concerning the prohibition.
Refusing to serve a person, if the person is smoking in a restaurant, tavern or private club.
Asking a person who is smoking to refrain from smoking and, if the person refuses to do so, asking the person to leave the location.
If a person refuses to leave a location after being requested to do so as provided in Subsection C(3), the person in charge shall immediately notify the Prescott Police Department of the violation.
Any person who desires to register a complaint under this article may contact the Prescott Police Department.
No person shall retaliate against a person because that person exercises any rights afforded by this article.
The City Building Inspector, Fire Department or Police Department shall have the power, whenever it may deem necessary, to enter a building, structure, or property regulated under this article to ascertain whether the premises are in compliance with this article. The above-listed Departments may issue compliance orders and citations pursuant to the provisions of this Code.
Nothing in this article shall prevent a proprietor or other person in charge of any private place from prohibiting smoking in any indoor or outdoor area under their control.
This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by any other law or regulation.
A person who smokes where it is prohibited is subject to a forfeiture of not less than $100 plus court costs and penalty assessments nor more than $250 plus court costs and penalty assessments for each violation. If the person in charge of a facility fails to take any required action to stop illegal smoking, he or she is subject to a forfeiture of $100 plus court costs and penalty assessments for each violation, but no more than one penalty per day. If the person in charge has not previously received a warning notice, then the law enforcement officer must issue a warning for the first violation in lieu of a citation.
The provisions of this article shall become effective July 5, 2010.