§ 66-31. Tobacco and nicotine product sales and gifts.

(a)

Adoption of state statutes. The provisions of Wis. Stats. § 134.66 regulating the gift and sale or gifting of tobacco and nicotine products to underage persons are expressly adopted and incorporated into this section by reference. Violators of this section shall be subject to the penalties set forth in statute.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Cigarette means any roll of tobacco wrapped in paper or any substance other than tobacco.

Nicotine product means a product that contains nicotine and is not any of the following:

(1)

A tobacco product.

(2)

A cigarette.

(3)

A product that has been approved by the U.S. Food and Drug Administration for sale as a smoking cessation product or for another medical purpose and is being marketed and sold solely for such an approved purpose.

(4)

A vegetable, fruit, or other food product that naturally contains nicotine.

Law enforcement officer means any person employed by the state or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of laws or ordinances he is employed to enforce.

Tobacco products means cigars, cheroots, stogies, periquest, 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, clippings, cuttings and sweeping 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.

(c)

Prohibited acts by minors. Except as provided in subsection (d) of this section, no person under the age of 18 years of age may do any of the following:

(1)

Buy or attempt to buy any cigarette, nicotine product, or tobacco product.

(2)

Falsely represent his/her age for the purpose of receiving any cigarette, nicotine product, or tobacco product.

(3)

Possess any cigarette, nicotine product, or tobacco product.

(d)

Resales exemption. A person under 18 years of age may purchase cigarettes, nicotine products, or tobacco products for the sole purpose of resale in the course of resale during his working hours if employed by a retailer licensed under Wis. Stats. § 134.65(1).

(e)

Seizure of cigarettes, nicotine products, or tobacco products by law enforcement officer. A law enforcement officer shall seize any cigarette, nicotine product or tobacco product involved in any violation of subsection (c) of this section committed in his presence.

(Code 1991, § 9.05; Ord. No. 826-14, § 1, 12-8-2014)