§ 9.041. USE OF CIGARETTES, TOBACCO, NICOTINE AND VAPOR PRODUCTS . (Cr. Ord. #35-88, Eff. 7-1-89; Am. Ord. #11-18, Eff. 1-1-19)
(1)
DEFINITIONS. The terms used herein shall be defined as follows:
(a)
Cigarette . The meaning given in §139.30(1), Wis. Stats.
(b)
Law Enforcement Officer . The meaning given in §30.50(4s), Wis. Stats.
(c)
Tobacco Products . The meaning given in §139.75(12), Wis. Stats.
(d)
Smoking . The meaning given in §101.123(1)(h), Wis. Stats. (Cr. Ord. #10-10)
(e)
Nicotine Products . The meaning given in §134.66(1)(f), Wis. Stats.
(f)
Vapor Products . Shall mean noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. "Vapor products" shall include any vapor cartridge, solution, or other container, that may or may not contain nicotine, that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. "Vapor products" do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.
(2)
PROHIBITED. Except as provided in subsection (3) below, no person under 18 years of age may do any of the following:
(a)
Buy or attempt to buy any cigarette, tobacco, nicotine or vapor products.
(b)
Falsely represent his or her age for the purpose of receiving any cigarette, tobacco, nicotine or vapor products.
(c)
Possess any cigarette, tobacco, nicotine or vapor products. (Cr. Ord. #11-92)
(3)
EXCEPTIONS. A person under 18 years of age may purchase cigarettes, tobacco, nicotine or vapor 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.
(4)
ENFORCEMENT. A law enforcement officer shall seize any cigarette, tobacco, nicotine or vapor products involved in any violation of subsection (2) above committed in his presence.
(5)
AUTHORITY. (Am. Ord. #43-98). This section is adopted pursuant to § 254.92(4), Wis. Stats.
State law reference— Purchase or possession of cigarettes by underage persons, Wis. Stats. § 254.911 et seq.