[HISTORY: Adopted by the Village Board of the Village of Grafton as Ord. No. 027, Series 1999 (Title 5, Ch. 5.06, of the 1979 Code). Amendments noted where applicable.]
Adoption of state statutes. The provisions of §§ 134.65; 139.30 to 139.45 and/or 139.75 to 139.86, Wis. Stats., and all acts amendatory thereof and supplementary thereto are hereby adopted as a portion of this chapter so far as applicable. A violation of any such provision shall constitute a violation of this chapter.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- Any roll of tobacco wrapped in paper or any substance other than tobacco.
- LICENSED ESTABLISHMENT
- Any establishment licensed by the Village Board of the Village of Grafton to sell tobacco products and/or cigarettes.
- Any person who manufactures cigarettes for the purpose of sale.
- A natural person, sole proprietor, partnership, corporation or association.
- The area described in a license or permit.
- Any person who sells, exposes for sale or possesses with the intent to sell to consumers any tobacco products or cigarettes.
- SELL or SALE
- Includes the transfer, gift, barter, trade or exchange or any shift, device, scheme or transaction whereby cigarettes and/or tobacco products may be obtained and the solicitation of orders for, or the sale for, future delivery of cigarettes and/or tobacco products.
- TOBACCO PRODUCTS
- 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 tobacco, 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 or smoking; but "tobacco products" does not include cigarettes, as defined in § 139.30(1m), Wis. Stats.
- The Village of Grafton.
Editor's Note: The original definition of "stamp," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1.01, Code Adoption).
Editor's Note: The original definitions of "underage person" and "vending machine," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1.01, Code Adoption).
When required. No person, as provided by § 134.65, Wis. Stats., shall distribute, vend, sell, offer or keep for sale at retail, deal or traffic in or, for the purpose of evading any law or ordinance, give away or gift any tobacco product or cigarette or cause the same to be done without having obtained a license from the Village of Grafton. All statutes, ordinances and regulations of the state and Village applicable thereto shall be complied with.
License applications to vend, sell, offer or keep for sale at retail, deal or traffic in cigarette or tobacco products shall be made in writing on a form prescribed by law and shall be sworn to by the applicant. Said application shall be presented to the Village Clerk for approval by the Village Board.
Separate license required for each place of sale. A license shall be required for each of those premises where tobacco products and/or cigarettes are kept, sold or offered for sale.
The fee for such license for the manufacture, sale, exchange, barter, disposition of, giving away or keeping for sale of cigarettes, and tobacco products shall be $100 per year.
The licensing period for said license shall be July 1 to June 30 of a given year.
[Added by Ord. No. 024, Series 2005]
The Village Board shall have the authority to issue a limited-term tobacco products license for special events. Such license shall only be issued to registered not-for-profit organizations as defined for taxation purposes in § 70.11, Wis. Stats.
A license application to vend, sell, offer or keep for sale at retail, deal or traffic in cigarette or tobacco products at a limited term special event shall be made in writing on a form supplied by the Village of Grafton and shall be sworn to by the applicant. Said application shall be presented to the Village Clerk for approval by the Village Board.
The term of said special event tobacco products license shall not exceed four consecutive days.
The fee for said special event tobacco products license shall be $10. The Village Board may waive the license fee requirement upon written request from the applicant.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be subject to the general penalty in Chapter 1.08 of this Code. Conviction of a violation of this chapter shall immediately terminate the license of the person(s) convicted of being personally guilty of such failure to exercise due care, and the person shall not be entitled to another license 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. [§ 134.65(5), Wis. Stats.]