[Adopted 2-17-2023 by Ord. No. 3-23]
A person who furnishes, offers to furnish, or advertises to furnish cigarettes [as defined in Wis. Stats. § 139.30(1m)], tobacco products [as defined in Wis. Stats. § 139.75(12)] other than premium cigars, electronic nicotine delivery systems (as defined in § 226-2), or non-nicotine vapor products (as defined in § 226-2) as a business purpose and that derives more than 25% of any sales revenue from sales of such products. "Premium cigar" means any cigar that is hand-constructed, has a wrapper made entirely from whole tobacco leaf, has a filler that is made entirely of tobacco, and has a wholesale price of no less than $2. A person that sells premium cigars but does not furnish cigarettes, tobacco products other than premium cigars, electronic nicotine delivery systems, or non-nicotine vapor products is not a smoke shop.
A. 
Smoke shops shall be permitted in the B-2 General Business District only.
B. 
No smoke shop may be established, or relocated from another location to, within:
(1) 
Seven hundred fifty feet of a school, public or private preschool, elementary, middle, or high school or your recreational center.
(2) 
Seven hundred fifty feet of a licensed day-care center.
(3) 
Seven hundred fifty feet of a public park.
(4) 
Five hundred feet of another smoke shop.
C. 
A smoke shop may not be operated in the same building or structure, or portion thereof, containing another smoke shop.
The number of persons or places that may be established as smoke shops is limited to one location per 2,500 population, or fraction thereof, as annually estimated by the Wisconsin Department of Administration.