14.290 Restrictions on Sale or Gift of Cigarettes, Tobacco Products, Electronic Smoking Devices and Nicotine Products to Children.

(1) Definitions. The terms defined in Wis. Stat. § 134.66(1) which are used in this section shall have the same definitions as contained in that statute.

Electronic smoking device means any product containing or delivering nicotine, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. The term electronic smoking device includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, vape pens, mods, tank systems, or under any other product name or descriptor. And includes any component part of a product, whether or not marketed or sold separately.

(2) Restrictions.

(a) No retailer, manufacturer, distributor, jobber or subjobber, and no agent, employee or independent contractor, may sell or provide for nominal or no consideration cigarettes, tobacco products, electronic smoking devices or nicotine products to any person under the age of 18, except as provided in Wis. Stat. § 254.92(2)(a). A vending machine operator is not liable under this subsection for the purchase of cigarettes, tobacco products, electronic smoking devices or nicotine products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.

(b)1. A retailer shall post a sign in areas within his or her premises where cigarettes, tobacco products or nicotine products are sold to consumers stating that the sale of any cigarettes, tobacco products or nicotine products to a person under the age of 18 is unlawful under Wis. Stat. §§ 134.66 and 254.92. A retailer shall also post a sign in areas within his or her premises where electronic smoking devices are sold to consumers stating that the sale of any electronic smoking device to a person under the age of 18 is unlawful under this section.

2. A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette, tobacco product or nicotine product by a person under the age of 18 is unlawful under Wis. Stat. § 254.92 and that the purchaser is subject to a forfeiture not to exceed $50.00. A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any electronic smoking device by a person under the age of 18 is unlawful under this section and that the purchaser is subject to a forfeiture not to exceed $50.00.

(c) A retailer or vending machine operator may not sell cigarettes, tobacco products, electronic smoking devices or nicotine products from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 years of age 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 18 years.

(d) Notwithstanding subsection (2)(c) of this section, no retailer may place a vending machine within 500 feet of a school.

(e) No retailer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes, tobacco products, electronic smoking devices, or nicotine products to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.

(f) No person shall give, barter, sell or exchange cigarettes, tobacco products, electronic smoking devices, or nicotine products to anyone under the age of 18 years old, unless excepted under the law.

(g) No retailer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under Wis. Stat. § 139.32(1).

(3) Defense of Retailer, Manufacturer and Distributor. Proof of all the following facts by a retailer, manufacturer, distributor, jobber, subjobber, agent, employee or independent contractor who sells cigarettes, tobacco products, electronic smoking devices or nicotine products to a person under the age of 18 is a defense to any prosecution for a violation of subsection (2)(a) of this section:

(a) That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card.

(b) 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.

(c) 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.

(4) Forfeiture.

(a)1. Whoever violates subsection (2)(a), (c), (d), (e) or (f) of this section shall forfeit:

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

B. Not less than $200.00 nor more than $500.00 if the person has committed a previous violation within 12 months of the violation.

2. A court shall suspend any license or permit issued under Wis. Stat. § 134.65, 139.34 or 139.79 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.

3.A. The court shall promptly mail notice of a suspension under this subsection to the Department of Revenue and to the clerk of each municipality which has issued a license or permit to the person.

B. Whoever violates subsection (2)(b) of this section shall forfeit not more than $25.00.

(5) All applicable provisions of Wis. Stat. Chs. 48, 134, 139 and 254, as amended or modified from time to time, pertaining to smoking and tobacco products are hereby incorporated by reference.

[Ord. 19-545 § 1, 2019; Ord. 07-017 §§ 3, 4, 5, 2007. Prior code § 14.223]