A. In this section, the following terms have the following definitions:
CIGARETTE: Has the meaning given in section 139.30(1), Wisconsin statutes, which is "any roll of tobacco wrapped in paper or any substance other than tobacco".
LAW ENFORCEMENT OFFICER: Has the meaning given in section 30.50(4s), Wisconsin statutes.
TOBACCO PRODUCTS: Has the meaning given in section 139.75(12), Wisconsin statutes, which is cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clipping, cuttings, and sweepings of tobacco and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking; but "tobacco products" does not include cigarettes, as defined under section 139.30(1), Wisconsin statutes, and in this subsection.
B. Except as provided in subsection C of this section, no person under eighteen (18) years of age may do any of the following:
1. Buy or attempt to buy any cigarette or tobacco product.
2. Falsely represent his or her age for the purpose of receiving any cigarette or tobacco product.
3. Possess any cigarette or tobacco product.
C. A person under eighteen (18) years of age may purchase or possess 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 section 134.65(1), Wisconsin statutes.
D. A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of subsection B of this section committed in his or her presence.
E. This section incorporates the terms of section 938.983, Wisconsin statutes, and any amendments thereto are incorporated herein by reference. If any provision of this section is in conflict with section 938.983, Wisconsin statutes, the terms of section 938.983, Wisconsin statutes, will control and that portion of this section will be deemed repealed.
F. Any violation of this section shall be subject to the general penalty provisions of title 1, chapter 4 of this code. (Ord. 2000-8, 11-20-2000, eff. 11-21-2000)