[HISTORY: Adopted by the Village Board of the Village of Orfordville 3-31-1992 as Title 7, Ch. 3 of the 1992 Code. Amendments noted where applicable.]
License required. 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.
Application for license; fee. Every person, firm or corporation desiring a license under this section shall file with the Village Clerk-Treasurer 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 Village Clerk-Treasurer and shall name the licensee and the place wherein he is authorized to conduct such business, and the same shall not be delivered until the applicant shall pay to the Village Clerk-Treasurer a license fee as set by the Village Board.
Issuance and term of license. 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 Village Clerk-Treasurer. Each license shall be issued on the first day of July in each year, or thereafter whenever applied for, and shall continue in force from the date of issuance until the succeeding June 30 unless sooner revoked for any violation of this section.
No person under the age of 18 years shall possess or carry a cigarette or a tobacco product within the Village. "Cigarette" for purposes of this section has the meaning given in § 139.30(1), Wis. Stats. "Tobacco products" for purposes of this section has the meaning given in § 139.75(12), Wis. Stats.
Definitions. In this section, "cigarette” has the meaning given in § 139.30(1), Wis. Stats., and "law enforcement officer" has the meaning given in § 30.50(4s), Wis. Stats.
Employment exemption. A child may purchase cigarettes or tobacco products for the sole purpose of resale in the course of employment during his working hours if employed by a retailer licensed under § 134.65(1), Wis. Stats.
Delivery of cigarettes or tobacco products. It is unlawful for any person 18 years of age or over to deliver cigarettes or tobacco products to a child. "Deliver" or "delivery" means the actual, constructive or attempted transfer from one person to another of cigarettes or tobacco products, whether or not there is any agency relationship. "Child" means a person who is less than 18 years of age.
Seizure. A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of Subsection B committed in his presence.
Statutes adopted. The provisions of §§ 134.66, 254.92 and 778.25(l)(a), Wis. Stats., as amended, are adopted by reference and incorporated herein.