[Prior code § 9.29]
The purpose of this chapter is to reduce minor children's
exposure to cigarette usage and to discourage minor children from
using tobacco products.
[Prior code § 9.29(A)]
As used in this chapter:
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.
The area immediately surrounding and in possession of the
educational facility.
Carrying a lighted cigar, cigarette, pipe or any other lighted
smoking equipment.
[Prior code § 9.29(B); amended 8-16-2010 by Ord. No.
265]
A.
Smoking Ban Adopted. The Village hereby adopts, by reference, the
provisions of Wis. Stats. Section 101.123, Smoking prohibited, pertaining
to the statewide smoking ban.
B.
ENCLOSED PLACE
Definitions. For purposes of enforcing the smoking ban in the Village
of Darien, the following definition shall apply instead of the definition
found in state statutes:
All space between a floor and a 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 x 16 mesh count is not a wall.
C.
Inspection and Enforcement. The Police Department shall have the
power to enter any premises subject to the smoking ban under state
law to ascertain whether the premises are in compliance with this
section and take appropriate enforcement action pursuant to Wis. Stats.
Section 101.123.
[Prior code § 9.29(C)]
A.
A person in charge of an educational facility or his or her agent
may designate smoking areas in the educational facility or on school
grounds unless a fire marshal, law, ordinance, or resolution prohibits
smoking.
B.
A person in charge or his or her agent may not designate an entire
building or school grounds as a smoking area.
[Added 12-15-2014 by Ord. No.
290]
A.
CIGARETTE
PERSON
RETAILER
TOBACCO PRODUCTS
VENDING MACHINE
Definitions. In this section, the following terms shall have the
meanings indicated:
Any roll of tobacco wrapped in paper or any substance other
than tobacco.
Any individual, partnership, firm, organization, association,
corporation, trustee or legal entity of any kind.
Any person licensed under Section 134.65(1), Wis. Stats.
Cigars; cheroots; stogies; periques; granulated, plug-cut,
crimp-cut, ready-rubbed and other smoking tobacco; snuff; snuff flour;
cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos;
shorts; refuse scraps, clippings, cuttings and sweepings of tobacco
and other kinds and forms of tobacco prepared in such manner as to
be suitable for chewing or smoking in a pipe or otherwise, or both
for chewing and smoking; but does not include cigarettes, as defined
under Section 139.30(1m), Wis. Stats.
Any mechanical device that automatically dispenses cigarettes
or tobacco products when money or tokens are deposited in the device
in payment for cigarettes or tobacco products.
B.
Prohibition.
1.
No retailer may sell or give to any person under the age of 18 any
cigarette or tobacco products at any time.
2.
No retailer may provide for nominal or no consideration cigarettes
or tobacco products to any person except in a place where no person
younger than 18 years of age is present or permitted to enter unless
the person who is younger than 18 years of age is accompanied by his
or her parent or guardian or by his or her spouse who has attained
the age of 18 years.
C.
Regulations.
1.
The owner or operator of a premises which sells cigarettes or tobacco
products shall post a sign in the immediate area where those products
are sold stating that the sale of any cigarette or tobacco products
to a person under the age of 18 is unlawful under this section and
Sections 134.66 and 254.92, Wis. Stats.
2.
A retailer or vending machine operator may not sell cigarettes or
tobacco products from a vending machine, except in a facility where
individuals under the age of 18 are not present or permitted at any
time, as provided in 21 CFR Part 1140.
3.
No retailer may sell cigarettes in a form other than as a package
or container on which a stamp is affixed under Section 139.32(1),
Wis. Stats.
D.
Defense of Retailer. Proof of all the following facts by a retailer
who sells cigarettes or tobacco products to a person under the age
of 18 is a defense to any prosecution for a violation of Subsection
B.1:
1.
That the purchaser falsely represented that he or she had attained
the age of 18 and presented an identification card.
2.
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.
3.
That the sale was made in good faith, in reasonable reliance on the
identification card and appearance that the purchaser had attained
the age of 18.
E.
Penalties.
1.
Any person convicted of violating this section, except Subsection
C-1, shall be subject to the following forfeitures:
2.
If the court finds that a person licensed under Section 134.65(1),
Wis. Stats., committed a violation, the license of the person shall
be suspended for the following periods of time:
a.
Not more than three days if the person committed a violation
within 12 months after committing one previous violation.
b.
Not less than three days nor more than 10 days if the person
committed a violation within 12 months after committing two previous
violations.
c.
Not less than 15 days nor more than 30 days if the person committed
the violation within 12 months after committing three or more previous
violations.
3.
Upon suspension of the license under Subsection E.2.b, the court
shall promptly mail notice of the suspension to the Wisconsin Department
of Revenue.
4.
Any person convicted of violating Subsection C.1 shall forfeit not
more than $25.
[Added 12-15-2014 by Ord. No.
290]
A.
False Representation Illegal. No person under 18 years of age may
falsely represent his or her age for the purpose of receiving any
cigarette or tobacco product.
B.
Exception. No person under 18 years of age may purchase or possess
cigarettes or tobacco product except as follows:
1.
A person under 18 years of age may purchase or possess cigarettes
or tobacco products for the sole purpose of resale in the course of
employment during his or her working hours if employed by a retailer.
2.
A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes or tobacco products in the course of his or her participation in an investigation under Section 254.916, Wis. Stats., that is conducted in accordance with Subsection C and Section 254.916(3), Wis. Stats.
C.
Investigation Exception. With the permission of his or her parent
or guardian, a person under the age of 18 years, but not under 15
years of age, may buy, attempt to buy or possess any cigarette or
tobacco product if all of the following are true:
1.
The person commits the act for the purpose of conducting an investigation
under Section 254.916, Wis. Stats.
2.
The person is directly supervised during the conducting of the investigation
by an adult employee of a governmental regulatory authority.
3.
The person has prior written authorization to commit the act from
a governmental regulatory authority or a district attorney or from
an authorized agent of a governmental regulatory authority or a district
attorney.
D.
Seizure. A police officer shall seize any cigarette or tobacco product
that has been sold to and is in the possession of a person under 18
years of age.
E.
Penalty. Any person convicted of violating this section shall be
subject to a forfeiture not to exceed $50.
[Prior code § 9.29(D)]
The person in charge of the educational facility or his or her
agent shall:
[Prior code § 9.29(E)]
Any person who violates this chapter is subject to not less
than $1 nor more than $1,258.
