Number
250068
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BURGELIS
Title
A substitute ordinance relating to raising the minimum age for sale of tobacco to 21.
Sections
80-10-2-c-1-x am
106-30-0 am
106-30-2 am
106-30-3 am
106-30-4 am
106-30-5a am
106-30-5d am
106-30.2-0 am
106-30.2-2 am
106-30.2-3 am
106-30.2-4 am
106-30.2-5 am
106-30.3 cr
106-30.5-0 am
106-30.5-1 am
106-30.5-2 am
106-30.5-3 am
Analysis
This ordinance updates the milwaukee code of ordinance to comply with the federal standard for the age of allowable tobacco sales, changing all references to 18 years of age to references to 21 years of age.
This ordinance prohibits the sale of hookah and hookah paraphernalia to persons under the age of 21.
This ordinance maintains the penalty for selling tobacco, vaping or hookah products to anyone under the age of 21 at $500 for a person who has not committed a violation within the prior 12 months, and increases it to between $500 and $1,000 for a person who has committed a violation within the prior 12 months.
This ordinance also increases the penalty from $25 to $250 for failure to post a sign stating that the sale of tobacco, vaping or hookah products to anyone under the age of 21 is unlawful.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 80-10-2-c-1-x of the code is amended to read:
80-10. Chronic Nuisance Premises
2. DEFINITIONS.
2-c-1-x. Selling or giving away tobacco products to persons under the age of [[18]] >>21<< as [[defined]] >>prohibited<< in s. 106-30-2.
Part 2. Section 106-30-0 and 2 to 4 of the code is amended to read:
106-30. Sale of Tobacco to Persons Under [[18]] >>21<<.
2. PROHIBITION. a. No retailer may sell or give to any person under the age of [[18]] >>21<< any cigarette, nicotine product, or tobacco product at any time, except as provided in s. 254.92(2)(a), Wis. Stats.
b. No retailer may provide for nominal or no consideration cigarettes, nicotine products, or tobacco products to any person except in a place where no person younger than [[18]] >>21<< years of age is present or permitted to enter unless the person who is younger than [[18]] >>21<< 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]] >>21<< years.
3. REGULATIONS. a. The owner or operator of a premise which sells cigarette or tobacco products shall post a sign in the immediate area where those products are sold stating that the sale of any cigarette or tobacco products to a person under the age of [18]] >>21<< is unlawful under this section and ss. 134.66 and 254.92, Wis. Stats.
b. A retailer or vending machine operator may not sell cigarettes or tobacco products from a vending machine, except in a facility where individuals under the age of [[18]] >>21<< are not present or permitted at any time, as provided in s. 21 CFR Part 1140.
4. DEFENSE OF RETAILER. Proof of all the following facts by a retailer who sells cigarettes or tobacco products to a person under the age of [[18]] >>21<< is a defense to any prosecution for a violation of sub. 2-a:
a. That the purchaser falsely represented that he or she had attained the age of [[18]] >>21<< 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]] >>21<<.
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]] >>21<<.
Part 3. Section 106-30-5-a-1 and 2 of the code is amended to read:
5. PENALTIES.
a.
a-1. Not more than $500 if the person has not committed a [[previous]] violation within 12 months [[of]] >>prior to<< the violation.
a-2. Not less than [[$200]] >>$500<< nor more than [[$500]] >>$1,000<< if the person has committed a [[previous]] violation within 12 months [[of]] >>prior to<< the violation.
Part 4. Section 106-30-5-d of the code is amended to read:
d. Any person convicted of violating sub. 3-a shall forfeit not more than [[$25]] >>$250<<.
Part 5. Section 106-30.2-0 and 2 to 4 of the code is amended to read:
106-30.2. Sale of Electronic Cigarettes to Persons Under [[18]] >>21<<.
2. PROHIBITION. a. No person may sell or give any person under the age of [[18]] >>21<< any electronic smoking device paraphernalia at any time.
b. No person may provide for nominal or no consideration an electronic smoking device or electronic smoking device paraphernalia to any person except in a place where no person younger than [[18]] >>21<< years of age is present or permitted to enter unless the person who is younger than [[18]] >>21<< 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]] >>21<< years.
3. REGULATIONS. a. The owner or operator of a premise which sells electronic smoking devices or electronic smoking device paraphernalia shall post a sign in the immediate area where those products are sold stating that the sale of electronic smoking devices or electronic smoking device paraphernalia to a person under the age of [[18]] >>21<< is unlawful under this section.
b. A person or vending machine operator may not sell electronic smoking devices or electronic smoking device paraphernalia from a vending machine, except in an establishment where individuals under the age of [[18]] >>21<< are not present or permitted at any time, as provided in s. 21 CFR Part 1140.
4. DEFENSE OF SELLER. Proof of all the following facts by a person who sells electronic smoking devices or electronic smoking device paraphernalia to a person under the age of [[18]] >>21<< is a defense to any prosecution for a violation of sub. 2-a:
a. That the purchaser falsely represented that he or she had attained the age of [[18]] >>21<< 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]] >>21<<.
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]] >>21<<.
Part 6. Section 106-30.2-5-a-1, a-2, and b of the code is amended to read:
5. PENALTIES.
a.
a-1. Not more than $500 if the person has not committed a [[previous]] violation within 12 months [[of]] >>prior to<< the violation.
a-2. Not less than [[$200]] >>$500<< nor more than [[$500]] >>$1,000<< if the person has committed a [[previous]] violation within 12 months [[of]] >>prior to<< the violation.
b. Any person convicted of violating sub. 3-a shall forfeit not more than [[$25]] >>$250<<.
Part 7. Section 106-30.3 of the code is created to read:
106-30.3. Sale of Hookah to Persons Under 21.
1. DEFINITIONS. In this section:
a. “Hookah” means any recreational water pipe used to inhale heated or vaporized substances, including, but not limited to, tobacco, shisha and tobacco-free shisha.
b. “Hookah paraphernalia” means a mouthpiece, hookah base, molasses catcher, wind cover, hookah foil, foil poker, heat management device, tobacco-free shisha and any other item specifically designed for the preparation or use of hookah. It does not include any cigarette, as defined in s. 139.30(1m), Wis. Stats., nicotine product, as defined in s. 134.66(1)(f), Wis. Stats., or tobacco products, as defined in s. 139.75(12), Wis. Stats.
c. “Person” means any individual, partnership, firm, organization, association, corporation, trustee, or other legal entity of any kind.
2. PROHIBITION. a. No person may sell or give any person under the age of 21 any hookah or hookah paraphernalia at any time.
b. No person may provide for nominal or no consideration any hookah or hookah paraphernalia to any person except in a place where no person younger than 21 years of age is present or permitted to enter unless the person who is younger than 21 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 21 years.
3. REGULATIONS. The owner or operator of an establishment that sells hookah or hookah paraphernalia shall post a sign in the immediate area where those products are sold stating that the sale of any hookah or hookah paraphernalia to a person under the age of 21 is unlawful under this section.
4. DEFENSE OF SELLER. Proof of all the following facts by a person who sells hookah or hookah paraphernalia to a person under the age of 21 is a defense to any prosecution for a violation of sub. 2-a:
a. That the purchaser falsely represented that he or she had attained the age of 21 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 21.
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 21.
5. PENALTIES. a. Any person convicted of violating this section, except sub. 3, shall be subject to the following forfeitures:
a-1. Not more than $500 if the person has not committed a violation within 12 months prior to the violation.
a-2. Not less than $500 nor more than $1,000 if the person has committed a violation within 12 months prior to the violation.
b. Any person convicted of violating sub. 3 shall forfeit not more than $250.
Part 8. Section 106-30.5-0, 1, 2, 3-0 and 4 of the code is amended to read:
106-30.5. Purchase and Possession of Cigarettes and Tobacco Products by Persons Under the Age of [[18]] >>21<<.
1. FALSE REPRESENTATION ILLEGAL. No person under [[18]] >>21<< years of age may falsely represent his or her age for the purpose of receiving any cigarette or tobacco product.
2. EXCEPTION. No person under [[18]] >>21<< years of age may purchase or possess cigarettes or tobacco product except as follows:
a. A person under [[18]] >>21<< 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.
b. A person under [[18]] >>21<< years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes or tobacco products in the course of his or her participation in an investigation under s. 254.916, Wis. Stats., that is conducted in accordance with sub. 3 and s. 254.916(3), Wis. Stats.
3. INVESTIGATION EXCEPTION. With the permission of his or her parent or guardian, a person under the age of [[18]] >>21<< years, but not under 15 years of age may buy, attempt to buy or possess any cigarette or tobacco product if all of the following are true:
4. SEIZURE. A police officer shall seize any cigarette or tobacco product that has been sold to and is in the possession of a person under [[18]] >>21<< years of age.
Part 9. This ordinance is effective 90 days after passage and publication.
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: September 24, 2025
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
Kathleen Brengosz
LRB180706-1
9/23/2025