[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.]
A.
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]
A.
CIGARETTE
LAW ENFORCEMENT OFFICER
TOBACCO PRODUCTS
Definitions. The terms used herein shall be defined
as follows:
The meaning given in § 139.30(1m), Wis. Stats.
The meaning given in § 30.50(4s), Wis. Stats.
The meaning given in § 139.75(12), Wis. Stats.
B.
Prohibited. Except as provided in Subsection C below, no person under 18 years of age may do any of the following:
C.
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.
D.
Enforcement. A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of Subsection B above committed in his presence.
E.
Authority. This section is adopted pursuant to § 254.92,
Wis. Stats.
[Added by Ord. No. 88-4]
A.
Definitions. The definitions set forth in § 134.66(1)
are hereby adopted by reference and made a part hereof.
B.
Restrictions.
(1)
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.
(2)
Posting of sign or notice.
(a)
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.
(b)
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.
(3)
Vending machines.
(a)
No person may place a vending machine within
500 feet of a school.
(b)
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.
(c)
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.
(4)
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.
C.
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:
(1)
That the purchaser falsely represented that he or
she had attained the age of 18 and presented an identification card.
(2)
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.
(3)
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.
D.
Penalties.
(2)
A person who commits a violation is subject to a forfeiture
of:
(3)
A court shall suspend any license or permit issued
under § 134.65, 139.34 or 139.79, Wis. Stats., to a person
for:
(a)
Not more than three days if the court finds
that the person committed a violation within 12 months after committing
one previous violation;
(b)
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
(c)
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.
E.
Penalty for failure to post sign or notice. Whoever violates Subsection B(2) above shall forfeit not more than $25.
F.
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.