(A) Definitions. The definitions set forth in Wis. Stats. § 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 Wis. Stats. § 983.991. A vending machine operator is not liable under this section for the purchase of cigarettes or tobacco 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.
(2) A retailer shall post a sign in areas within his or her 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 Wis. Stats. § 983.991.
(3) 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 or tobacco product by a person under the age of 18 is unlawful under Wis. Stats. § 983.991, and that the purchaser is subject to a forfeiture not to exceed $25.
(a) Except as provided in division (B)(4) below, no retailer may keep a vending machine in any public place that is open to persons under the age of 18 unless all of the following apply.
1. The vending machine is in a place where it is ordinarily in the immediate vicinity, plain view, and control of an employee.
2. The vending machine is in a place where it is inaccessible to the public when the premises are closed.
(b) The person who ultimately controls, governs, or directs the activities within the premises where the vending machine is located shall ensure that an employee of the retailer remains in the immediate vicinity, plain view, and control of the vending machine whenever the premises are open.
(4) (a) No person may place a vending machine within 500 feet of a school.
(b) Except as provided in division (B)(4)(c) below, a vending machine operator shall remove all of his or her vending machines which are located within 500 feet of a school by December 31, 1999.
(c) Notwithstanding division (B)(4)(b) above, if a written agreement binding upon a vending machine operator governs the location of his or her 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.
(5) (a) No manufacturer, distributor, jobber, subjobber, or retailer, or their employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.
(b) No retailer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under Wis. Stats. § 139.32(1).
(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 division (B) above:
(1) The purchaser falsely represented that he or she had attained the age of 18 and presented identification;
(2) The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18; and
(3) 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) Authority. This section is adopted pursuant to Wis. Stats. § 134.66.
(Prior Code, § 9.043) (Ord. 2-99, passed 5-13-1999) Penalty, see § 130.999