[HISTORY: Adopted by the Village Board of the Village of Johnson Creek as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-1-1994 by Ord. No. 12-94 as § 31.05 of the 1994 Code]
No person shall in any manner, directly or indirectly, manufacture, sell, exchange, dispose of or give away or keep for sale any cigarettes or cigarette papers or wrappers without first obtaining a license from the Village Clerk-Treasurer in the manner provided in § 134.65, Wis. Stats. This section shall not apply to jobbers or manufacturers doing interstate business with customers outside of Wisconsin.
[Amended 2-4-1999 by Ord. No. 1-99]
The fee for a cigarette license shall be as provided in Chapter 33, Fees. Payment of such fee shall be made at the time of application for the license.
[Amended 7-8-2003 by Ord. No. 20-03]
All cigarette licenses shall be signed by the Village Clerk-Treasurer and indicate thereon the name of the licensee and the place where he is authorized to conduct the licensed business and shall expire on June 30 next succeeding the date of issue. Such licenses shall not be transferable from one person to another nor from one premises to another.
The penalty for violation of any provision of this article shall be as provided in § 60-1 of this Code. A separate offense shall be deemed committed on each day upon which the violation occurs or continues. If any person shall be convicted of a second or subsequent violation of the provisions of this article and the court in its judgment shall determine that he was personally guilty of a failure to exercise due care to prevent violation, his license privileges shall terminate immediately and he shall not be entitled to another license nor act as an agent or servant of another licensee for five years.
[Adopted 12-5-2002 by Ord. No. 20-02]
[Amended 12-27-2018 by Ord. No. 8-18; 2-24-2020 by Ord. No. 02-20]
Tobacco products. Possession, smoking and/or use of tobacco products is prohibited in all educational facilities, as the term is defined in § 101.123(1)(a), Wis. Stats., as well as on all grounds on which any educational facility is located.
Electronic smoking device. As used herein, the term " electronic smoking device" means any product containing nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. Electronic smoking device includes any component part of such product whether or not sold separately. Electronic smoking device does not include any product that has been approved by the United States Food and Drug Administration (FDA) for sale as a tobacco-cessation product and is being marketed and sold solely for the approved purpose.
Consistent with §§ 134.66 and 254.92, Wis. Stats., no person shall sell or offer any electronic smoking device or nicotine product to any person under 21 years of age.
No person under 21 years of age shall possess any electronic smoking device or nicotine product.
No person shall use an electronic smoking device on school grounds or in school buildings, rented or under the control of the Johnson Creek School Board, except that this prohibition shall not apply to premises owned by the school district and rented to another for noneducational purposes.
As used in this article, the following terms shall have the meanings indicated:
- POSSESSION OF TOBACCO PRODUCTS
- A person has dominion or control over any tobacco product as provided in § 254.92, Wis. Stats.
- Possession of a lighted cigarette, cigar, pipe, or any other lighted smoking equipment.
[Amended 7-8-2003 by Ord. No. 20-03]
Any person who violates the provisions of this article shall be subject to a forfeiture as provided in Chapter 60, Penalties, together with assessments and costs as may be imposed by the courts. A person who fails to pay such a forfeiture shall be subject to alternative penalties, as provided in § 60-1 of this Code.