4.31 RESTRICTIONS ON SALE OR GIFT OF CIGARETTES OR TOBACCO PRODUCTS TO MINORS THE BOARD OF SUPERVISORS OF DOUGLAS COUNTY DOES ORDAIN AS FOLLOWS:

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1 4.31 RESTRICTIONS ON SALE OR GIFT OF CIGARETTES OR TOBACCO PRODUCTS TO MINORS THE BOARD OF SUPERVISORS OF DOUGLAS COUNTY DOES ORDAIN AS FOLLOWS: SECTION I. AUTHORITY Pursuant to the authority of Chapters 134, 139 and Subchapter IX of Chapter 254, Wisconsin Statutes, the Douglas County Board of Supervisors does hereby establish rules and regulations regulating the sale or gift of cigarettes or tobacco products to minors. SECTION II. DEFINITIONS The following definitions apply in this Ordinance: A. "Cigarette" means any roll of tobacco wrapped in paper or any substance other than tobacco. B. "Distributor" means any of the following: (1) Any person who acquires unstamped cigarettes from the manufacturer thereof, affixes stamps to the packages or other containers, stores them and sells them to other permittees or to retailers for resale or who acquires stamped cigarettes from another permittee for such sales. (2) Any person engaged in the business of selling tobacco products in Wisconsin who brings, or causes to be brought into Douglas County from outside Wisconsin, any tobacco products for sale; (3) Any person who makes manufactures or fabricates tobacco products in Douglas County for sale in Wisconsin; (4) Any person engaged in the business of selling tobacco products outside Wisconsin who ships or transports tobacco products to retailers in Wisconsin to be sold by those retailers. C. "Identification card" means any of the following: (1) A license containing a photograph issued under chap. 343, Wis. Stats. Chapter 4.31, Page 68

2 (2) An identification card issued under sec , Wis. Stats. (3) An identification card issued under sec , 1987 Wis. Stats. D. "Jobber" means any person who acquires stamped cigarettes from manufacturers or distributors, stores them and sells them to retailers for resale. E. "Manufacturer" means any of the following: (1) Any person who manufactures cigarettes for the purpose of sale, including the authorized agent of a person who manufactures cigarettes for the purpose of sale. (2) Any person who manufactures and sells tobacco products. F. "Retailer" means any person licensed under sec (1), Wis. Stats. G. ASchool" means a public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school. H. "Stamp" means the authorized indicia of cigarette tax payment including water transfer stamps and heat applied stamps. I. "Subjobber" means any person, other than a manufacturer or distributor, who purchases tobacco products from a distributor and sells them to persons other than the ultimate consumers. J. "Tobacco products" means 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, clippings, 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. K. "Vending machine" is any mechanical device which automatically dispenses cigarettes upon the deposit therein of specified coins in payment for such cigarettes. L. "Vending machine operator" means a person who acquires stamped cigarettes from manufacturers or permittees, stores them and sells them through the medium of vending machines which he or she owns, operates or services and which are located on premises which are owned or under the control of other persons. Chapter 4.31, Page 69

3 SECTION III. RESTRICTIONS ON CIGARETTE OR TOBACCO PROVIDERS A. No retailer, manufacturer, distributor, jobber or 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 sell or provide for nominal or no consideration cigarettes or tobacco products to any person under the age of 18, except that a person under 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. A vending machine operator is not liable under this paragraph 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. B. 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 or tobacco 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. C. 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 pursuant to Wisconsin Statutes. D. 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 pursuant to Wisconsin Statutes and that the purchaser is subject to a forfeiture not to exceed $50. E. A retailer or vending machine operator may not sell cigarettes or tobacco 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. Notwithstanding this paragraph, no retailer may place a vending machine within 500 feet of a school. F. No retailer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under sec (1), Wis. Stats. G. Except as provided in paragraph (8), at the time that a retailer hires or contracts with an agent, employee, or independent contractor whose duties will include the sale of cigarettes or tobacco products, the retailer shall provide the agent, employee, or independent contractor with training on compliance with this Ordinance, including training on the penalties provided herein. Chapter 4.31, Page 70

4 H. The above paragraph does not apply to an agent, employee, or independent contractor who has received the training described in paragraph (7) as part of a responsible beverage server training course or a comparable training course, that was successfully completed by the agent, employee, or independent contractor. I. If an agent, employee, or independent contractor who has not received the training described in paragraph (7) commits a violation of this Ordinance, the Douglas County Health Department or Douglas County Sheriff=s Department; or a person with whom the Douglas County Health Department or Douglas County Sheriff=s Department contracts to conduct investigations as authorized under sec (1)(a) Wis. Stats., may issue a citation based on that violation only to the retailer that hired or contracted with the agent, employee, or independent contractor and not to the agent, employee, or independent contractor who has not received that training. If an agent, employee, or independent contractor who has received the training commits a violation for which a Douglas County law enforcement officer issues a citation to the retailer that hired or contracted with the agent, employee, or independent contractor, the Douglas County law enforcement officer shall also issue a citation based on that violation to the agent, employee, or independent contractor who has received that training. SECTION IV. DEFENSES Proof of all of the following facts by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, or an agent or employee of an independent contractor who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of this Ordinance: 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. SECTION V. RESTRICTIONS ON MINORS A. No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette or tobacco product; or may purchase, attempt to purchase or possess any cigarette or tobacco product except that a person under 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 Chapter 4.31, Page 71

5 employed by a retailer. B. With the permission of his or her parent or guardian, a person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess any cigarette or tobacco product if all of the following are true: (1) The person commits the act for the purpose of conducting an investigation under this section; (2) The person is directly supervised during the conducting of the investigation by an adult employee of a governmental regulatory authority; (3) Any person who makes manufactures or fabricates tobacco products in Douglas County for sale in Wisconsin; C. A law enforcement officer shall seize any cigarette or tobacco product that has been sold to and is in the possession of a person under 18 years of age. SECTION VI. INVESTIGATIONS A. A Douglas County law enforcement officer may conduct unannounced investigations at retail outlets, including tobacco vending machine premises, to enforce compliance with this Ordinance or Wisconsin statutes. The Douglas County Sheriff=s Department may contract with any other person to conduct those investigations. A person who contracts to conduct investigations authorized under this section shall agree in the contract to train all individuals conducting investigations under the contract in accordance with the standards established herein, and to suspend from conducting any further investigations for not less than 6 months any individual who fails to meet the requirements of sub. (3) (a) to (f) and all applicable state standards. B. No retailer may be subjected to an unannounced investigation more than twice annually unless the retailer is found to have violated sec (2)(a) or (am), Wis. Stats. or this Ordinance during the most recent investigation. C. All of the following, unless otherwise specified, apply in conducting investigations under this section: (1) If questioned about his or her age during the course of an investigation, the minor shall state his or her true age. (2) A minor may not be used for the purposes of an investigation at a retail outlet at which the minor is a regular customer. Chapter 4.31, Page 72

6 (3) The appearance of a minor may not be materially altered so as to indicate greater age. (4) A photograph or videotape of the minor shall be made before or after the investigation or series of investigations on the day of the investigation or series of investigations. If a prosecution results from an investigation, the photograph or videotape shall be retained until the final disposition of the case. (5) The Douglas County Sheriff=s Department shall make a good faith effort to make known to the retailer or the retailer's employee or agent, within 72 hours after the occurrence of the violation, the results of an investigation, including the issuance of any citation for a violation that occurs during the conduct of the investigation. This paragraph does not apply to investigations conducted under a grant received under 42 USC 300x-21. (6) Except with respect to investigations conducted under a grant received under 42 USC 300x-21, all of the following information shall be reported to the retailer within 10 days after the conduct of an investigation under this section: (a) (b) (c) (d) The name and position of the Douglas County law enforcement officer who directly supervised the investigation. The age of the minor. The date and time of the investigation. A reasonably detailed description of the circumstances giving rise to a violation, if any, or, if there is no violation, written notice to that effect. D. No evidence obtained during or otherwise arising from the course of an investigation under this section that is used to prosecute a person for a violation of this Ordinance may be used in the prosecution of an alleged violation of sec (3), Wis. Stats. E. The Douglas County Sheriff=s Department if conducting an investigation under this section shall meet the requirements of sub. (3) (a) to (f) and all state standards. F. A person conducting an investigation under this section may not have a financial interest in a regulated cigarette and tobacco product retailer, a tobacco vending machine operator, a tobacco vending machine premises, or a tobacco vending machine that may interfere with his or her ability to properly conduct that investigation. A person Chapter 4.31, Page 73

7 who is investigated under this section may request the Douglas County Sheriff=s Department to conduct a review under chapter 68, Wis. Stats., to determine whether the person conducting the investigation is in compliance with this subsection. The results of an investigation that is conducted by a person who is not in compliance with this subsection may not be used to prosecute a violation of this Ordinance. SECTION VII. PENALTIES A. In this paragraph, "violation" means a violation of this Ordinance. B. Except for Section III, paragraph (b) of this Ordinance, a person who commits a violation of this Ordinance is subject to a forfeiture of: (1) Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or (2) Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation. C. Whoever violates Section III, paragraph (3) of this Ordinance shall forfeit not more than $25. SECTION VIII. SEVERABILITY AND REPEAL A. Each section, paragraph, sentence, clause, word and provision of this Ordinance is severable, and if any provisions shall be held unconstitutional or invalid for any reason such decisions shall not affect the remainder of the Ordinance nor any part thereof other than that affected by such decision. B. All other ordinances or parts of ordinances of Douglas County inconsistent or conflicting with this Ordinance to the extent of the inconsistency only, are hereby repealed. SECTION IX. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors this Ordinance shall be in full force and effect. Dated this 20 th day of May, Chapter 4.31, Page 74

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