Chapter 5.05 CIGARETTES, ELECTRONIC VAPING DEVICES, AND TOBACCO RETAILERS

Chapter 5.05
CIGARETTES, ELECTRONIC VAPING DEVICES, AND TOBACCO RETAILERS Revised 10/24

Sections:

5.05.020 Adoption of state laws on retailer licenses for sale of cigarettes, electronic vaping devices and tobacco products. Revised 10/24

5.05.030 License required. Revised 10/24

5.05.040 Application. Revised 10/24

5.05.050 Content of license – Fee. Revised 10/24

5.05.060 Issuance – Term. Revised 10/24

5.05.070 Renewal – Late filing fees. Revised 10/24

5.05.080 Record to be kept – Retention period – Inspections. Revised 10/24

5.05.090 Posting of license. Revised 10/24

5.05.100 Sale of cigarettes, electronic vaping devices, and/or tobacco products to underaged persons prohibited. Revised 10/24

5.05.110 Vending machine provisions. Revised 10/24

5.05.120 Licensee responsible. Revised 10/24

5.05.130 Penalties for violation. Revised 10/24

5.05.010 Definitions. Revised 10/24

(a) The definitions provided in Sections 134.65 and 134.66, Wis. Stats., as from time to time amended, revised, or renumbered, pertaining to licensing, restrictions, and prohibitions on the distribution, purchase, possession, and use of cigarettes, tobacco, tobacco related, and vaping, materials, and products of all kinds, are hereby adopted by reference and incorporated herein as if fully set forth. This includes disposable vaping equipment and items.

(b) This chapter shall apply to “vaping” and incorporates by reference as if fully set forth herein all federal laws and codes concerning vaping, sales, distribution, possession, and use of vaping items, products, and materials, including, but not limited to, disposable vaping equipment and items, with the minimum lawful age of 21. [Ord. dated 3/5/24 § 1].

5.05.020 Adoption of state laws on retailer licenses for sale of cigarettes, electronic vaping devices and tobacco products. Revised 10/24

(a) In addition to the provisions of this chapter, any and all Wisconsin statutes and administrative regulations (Laws) pertaining to and/or governing cigarette, electronic vaping devices and tobacco product sales are adopted by reference, incorporated herein as if fully set forth.

(b) Any requirement and/or prohibition set forth in the Wisconsin Laws is required and/or prohibited, respectively, by this chapter.

(c) In the event of any conflict between Wisconsin Law and this chapter, the more strict provisions shall govern to the extent provided by law. [Ord. dated 3/5/24 § 1].

5.05.030 License required. Revised 10/24

No person 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 cigarettes, electronic vaping devices, and (or) tobacco products or any substitute therefor, without first obtaining a license as hereinafter provided. [Ord. dated 3/5/24 § 1].

5.05.040 Application. Revised 10/24

Every person desiring a license under this chapter shall file with the village clerk-treasurer a completed Department of Revenue Form No. CTV-100, CTV-101, and CTV-102 or similar form as amended from time to time. If there is a change in any fact set forth in an application, the applicant or licensee must file a written description of the change with the clerk within 30 days of the change. [Ord. dated 3/5/24 § 1].

5.05.050 Content of license – Fee. Revised 10/24

License fee shall be established pursuant to Section 134.65, Wis. Stats., as amended from time to time, in the amount provided in the village fee schedule, on file in the clerk-treasurer’s office. [Ord. dated 3/5/24 § 1].

5.05.060 Issuance – Term. Revised 10/24

Each license shall be issued with an effective date of July 1st or thereafter whenever applied for and shall continue in force from date of issuance until the succeeding June 30th, unless sooner revoked for any violation of this section. [Ord. dated 3/5/24 § 1].

5.05.070 Renewal – Late filing fees. Revised 10/24

A renewal license may be obtained on or before June 30th of each year with an effective date of July 1st at the rate established in this chapter. Failure to obtain a renewal license before June 30th shall subject the applicant to a late filing fee of an additional 15 percent of the license fee. Payment of the late filing fee shall not relieve any person from any other penalties prescribed in this chapter for failure to possess or obtain a license. [Ord. dated 3/5/24 § 1].

5.05.080 Record to be kept – Retention period – Inspections. Revised 10/24

Licensees under this section shall keep complete and accurate records of all purchases and receipts of cigarettes, electronic vaping devices and products, and tobacco products. Such records shall be preserved on the licensed premises for two years in such a manner as to ensure permanency and accessibility for inspection and shall be subject to inspection at all reasonable hours by authorized state and local law enforcement officials. [Ord. dated 3/5/24 § 1].

5.05.090 Posting of license. Revised 10/24

Every person, firm, partnership, corporation, organization, cooperative, association or other entity who is required to obtain and hold a retail cigarette, electronic vaping device, and tobacco product license issued by the village of Arena under this chapter shall post and at all times conspicuously maintain such license in full public view upon the licensed premises. [Ord. dated 3/5/24 § 1].

5.05.100 Sale of cigarettes, electronic vaping devices, and/or tobacco products to underaged persons prohibited. Revised 10/24

(a) No person, firm, partnership, corporation, organization, cooperative, association or other entity shall himself or herself, or cause another to, in any manner, upon any pretense, or by any device, directly or indirectly sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away or attempt to sell, exchange, barter, dispose of or give away any cigarette, electronic vaping device, or tobacco product to any underage person as established by Wisconsin Laws.

(b) All licensed retailers shall post and at all times maintain a conspicuous sign clearly visible to the public in areas within his, her or its premises where cigarettes, electronic vaping devices, or tobacco products are displayed and/or sold to consumers stating that the sale of any cigarette, electronic vaping device, or tobacco product to an underage person as established by Wisconsin Laws is unlawful under Wisconsin Laws and village ordinance.

(c) No manufacturer, distributor, jobber, sub-jobber, licensed or unlicensed retailer, other person, or their employees or agents may provide or cause to be provided any cigarette, electronic vaping device, or tobacco product for nominal or no consideration to any underage person as established by Wisconsin Laws. [Ord. dated 3/5/24 § 1].

5.05.110 Vending machine provisions. Revised 10/24

(a) Each vending machine owner, operator and/or possessor shall attach a notice in a conspicuous place on the front of each of his or her vending machines stating that the purchase of any cigarette, electronic vaping device or product, or tobacco product by an underage person is unlawful under state law and village ordinance and that the purchaser is subject to a forfeiture not to exceed $25.00.

(b) A retailer or vending machine operator may not sell cigarette, electronic vaping device or product, or tobacco products from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no underage person is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 21 years.

(1) Not more than $500.00 if the person has not committed a previous violation within 12 months of the violation; or

(2) Not less than $200.00 nor more than $500.00 if the person has committed a previous violation within 12 months of the violation. [Ord. dated 3/5/24 § 1].

5.05.120 Licensee responsible. Revised 10/24

(a) The licensee shall at all times be personally responsible for the faithful observance and performance of each and every provision of this chapter and Wisconsin Laws upon the licensee’s premises by the licensee and each and every of the licensee’s employees, agents and/or representatives. The licensee shall at all times be in compliance with the representations and attestations set forth in the license application.

(b) A violation of any provision of this chapter or state law by the licensee’s employees, agents and/or representatives upon the licensee’s premises shall constitute a violation of the license.

(c) The licensee shall be responsible for payment of any and all forfeitures imposed against any of the licensee’s employees, agents and/or representatives for violations of this chapter or state law upon the licensee’s premises. [Ord. dated 3/5/24 § 1].

5.05.130 Penalties for violation. Revised 10/24

Unless otherwise indicated in this chapter the penalty for violation of any provision of this chapter shall be as provided in AMC 1.05.060, General provisions. A separate offense shall be deemed committed on each day upon which a violation occurs or continues. If any person shall be convicted of a second or subsequent violation of the provisions of this section 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 thereafter.

In addition to, and not in lieu of, any other forfeitures or penalties set forth in this chapter, the court and/or village board may suspend or revoke any license issued under this chapter.

In addition to, and not in lieu of, any other forfeitures or penalties set forth in this chapter, the village may seek and/or the court may impose injunctive relief in favor of the village and against any violation, including, but not limited to, abatement, removal, and confiscation. [Ord. dated 3/5/24 § 1].