[HISTORY: Adopted by the Common Council of the City of Waterloo 10-19-1987 by Ord. No. 87-6 as §§ 12.04 and 12.15 of the 1987 Code. Amendments noted where applicable.]
License required. No person shall sell cigarettes in the City without first obtaining a license from the Clerk-Treasurer. The provisions of § 134.65, Wis. Stats., are hereby adopted and made a part of this section by reference.
[Added by Ord. No. 88-4]
Prohibited. Except as provided in Subsection C below, no person under 18 years of age may do any of the following:
Exceptions. A person under 18 years of age may purchase cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under § 134.65(1), Wis. Stats.
Enforcement. A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of Subsection B above committed in his presence.
Authority. This section is adopted pursuant to § 254.92, Wis. Stats.
[Added by Ord. No. 88-4]
Definitions. The definitions set forth in § 134.66(1) are hereby adopted by reference and made a part hereof.
No retailer may sell or give cigarettes or tobacco products to any person under the age of 18, except as provided in § 254.92, Wis. Stats. A vending machine operator is not liable under this subsection for the purchase of cigarettes or tobacco products from his vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.
Posting of sign or notice.
A retailer shall post a sign in areas within his 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.
A vending machine operator shall attach a notice in a conspicuous place on the front of his 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 not to exceed $25.
No person may place a vending machine within 500 feet of a school.
Except as provided in Subsection B(3)(c) below, a vending machine operator shall remove all of his vending machines which are located within 500 feet of a school by September 1, 1989.
Notwithstanding Subsection B(3)(b) above, if a written agreement binding on a vending machine operator governs the location of his vending machine which is located within 500 feet of a school, the vending machine owner shall remove the vending machine on the date that the written agreement expires or would be extended or renewed.
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.
Defense of retailer. Proof of all of the following facts by a retailer 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 B(1) above:
That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card.
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.
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 person who commits a violation is subject to a forfeiture of:
A court shall suspend any license or permit issued under § 134.65, 139.34 or 139.79, Wis. Stats., to a person for:
Not more than three days if the court finds that the person committed a violation within 12 months after committing one previous violation;
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
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.
Penalty for failure to post sign or notice. Whoever violates Subsection B(2) above shall forfeit not more than $25.
Authority. This section is adopted pursuant to § 134.66, Wis. Stats.
[Added 9-2-2010 by Ord. No. 2010-06]
The provisions of § 101.123, Wis. Stats., and future amendments relating to prohibitions on smoking are hereby adopted and made a part of this chapter by reference. A violation of any such provision shall constitute a violation of this chapter.