[Adopted as Ch. 34 of the Village Code]
The following terms have the meanings indicated as now provided
in the Wisconsin Statutes, and as the same may be hereafter amended:
Has the meaning given in § 139.30(1m), Wis. Stats.
Any of the following:
Any of the following:
Has the meaning given in § 139.30(6), Wis. Stats.
Any of the following:
Any person licensed under § 134.65(1), Wis. Stats.
Has the meaning given in § 118.257(1)(d), Wis.
Stats.
Has the meaning given in § 139.30(13), Wis. Stats.
Has the meaning given in § 139.75(11), Wis. Stats.
Has the meaning given in § 139.75(12), Wis. Stats.
Has the meaning given in § 139.30(14), Wis. Stats.
Has the meaning given in § 139.30(15), Wis. Stats.
[1]
Editor's Note: Section 125.08 was repealed by 1989 Act 31.
A.
No person shall in any manner, or upon any pretense, or by any device,
directly or indirectly sell, expose for sale, possess with intent
to sell, exchange, barter, dispose of or give away any cigarettes
or tobacco products to any person not holding a license as herein
provided or a permit under §§ 139.30 to 139.41 or 139.79,
Wis. Stats., without first obtaining a license from the Clerk-Treasurer
of the Village of Allouez.
B.
Upon the filing of a proper written application, a license shall be issued and continue in force for one year from date of issuance unless sooner revoked. The fee for the license is as provided in Chapter 225, Fees and Charges, of the Allouez Code, which shall be paid to the Village Clerk-Treasurer before the license is issued.
C.
Each such license shall name the licensee and specifically describe
the premises where such business is to be conducted. Such licenses
shall not be transferable from one person to another nor from one
premises to another.
D.
Every licensed retailer shall keep complete and accurate records
of all purchases and receipts of cigarettes and tobacco products.
Such records shall be preserved on the licensed premises for two years
in such a manner as to ensure permanency and accessibility for inspection
and shall be subject to inspection at all reasonable hours by authorized
state and local law enforcement officials.
A.
No retailer, manufacturer or distributor may sell or give cigarettes
or tobacco products to any person under the age of 18, except as provided
in § 254.92(2)(a), Wis. Stats. 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.
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 18 is unlawful under this section and § 254.92,
Wis. Stats.
C.
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 18 is unlawful under § 254.92, Wis. Stats., and that the purchaser is subject to a forfeiture of not to exceed the amount provided in § 195-5 of this article.
D.
Vending machines.
(1)
Except as provided in Subsection E below, no retailer may keep a vending machine in any public place that is open to persons under the age of 18 unless all of the following apply:
(2)
The person who ultimately controls, governs or directs the activities
within the premises where the vending machine is located shall ensure
that an employee of the retailer remains in the immediate vicinity,
plain view and control of the vending machine whenever the premises
is open.
(3)
Except as provided in Subsection D(4) below, a vending machine operator shall remove all of his or her vending machines that are located in any place prohibited by this subsection.
(4)
Notwithstanding Subsection D(3) above, if a written agreement binding on a vending machine operator governs his or her vending machine that is located in any place prohibited by this subsection, the vending machine operator shall remove the vending machine on the date that the written agreement expires or would be extended or renewed, whichever occurs first.
E.
Proximity to schools.
(1)
Notwithstanding Subsection D above, no retailer may place a vending machine within 500 feet of a school.
(2)
Except as provided in Subsection E(3) below, a vending machine operator shall remove all of his or her vending machines which are located within 500 feet of a school.
(3)
Notwithstanding Subsection E(2) above, if a written agreement binding on a vending machine operator governs the location of his or her vending machine which is located within 500 feet of a school, the vending machine operator shall remove the vending machine on the date that the written agreement expires or would be extended or renewed, whichever occurs first.
(4)
No manufacturer, distributor, jobber, subjobber or retailer, or its
employees or agents, may provide cigarettes or tobacco products for
nominal or no consideration to any person under the age of 18.
(5)
No retailer may sell cigarettes in a form other than as a package
or container on which a stamp is affixed under § 139.32(1),
Wis. Stats.
F.
Defense of retailer, manufacturer and distributor. Proof of all of the following facts by a retailer, manufacturer or distributor 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 A:
(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; and
(3)
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.
A.
The Village Board shall have the power to revoke or suspend any license
or permit issued under this article for a violation of this article.
B.
The proceedings shall be commenced by a summons, signed by the Village
Clerk-Treasurer, directed to any peace officer, commanding the licensee
to appear before the Village Board on a day certain and at a place
named in such summons, not less than 20 days from the date it is served
on the licensee, to show cause why the license or licenses should
not be revoked or suspended. The summons may be served on the licensee
personally or upon the person in charge of the place to which the
license related.
C.
A complaint signed by the Village Clerk-Treasurer, stating the grounds
for the proposed revocation or suspension, shall be served at the
same time as the summons.
D.
If the licensee does not appear at the hearing, the complaint shall
be taken as true. If the licensee appears at the hearing and denies
the complaint, each party may produce witnesses and be heard by counsel.
If, upon such hearing, the Board shall find that any of the alleged
grounds stated in the complaint are true, the license may be suspended
for not less than 10 days nor more than 90 days, or be revoked. If
the Board shall find the complaint to be untrue, the proceedings shall
be dismissed without costs to the accused. When a license is suspended
or revoked, it shall be so entered of record by the Village Clerk-Treasurer,
and the Village Clerk-Treasurer shall forthwith notify the Wisconsin
Department of Revenue of such suspension or revocation. No other license
shall be granted to such person within 12 months of the date of a
license revocation nor shall any part of the money paid for any license
so suspended or revoked be refunded.
A.
Any person violating § 195-2 of this article shall be subject to a forfeiture of not more than $100 nor less than $25 for the first offense and not more than $200 nor less than $25 for the second or subsequent offense. If, upon such second or subsequent violation, the person so violating this section was personally guilty of a failure to exercise due care to prevent violation thereof, the person shall be subject to a forfeiture of not more than $300 nor less than $25. Conviction shall immediately terminate the license or permit of the person convicted of being personally guilty of such failure to exercise due care and the person shall not be entitled to another license or permit hereunder for a period of five years thereafter, nor shall the person in that period act as the servant or agent of a person licensed hereunder for the performance of the acts authorized by such license or permit.
C.
A court shall suspend any license or permit issued under § 134.65, 139.34 or 139.79, Wis. Stats., or § 195-2 of this article 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; or
(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 other violations.
