Number
260219
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BURGELIS, DIMITRIJEVIC, ZAMARRIPA, WESTMORELAND, MOORE
Title
A substitute ordinance relating to penalties for the sale of alcohol, tobacco, and cannabinoid products to minors.
Section
90-18-1-b-2 am
105-50.5-3 am
105-50.5-3-a cr
105-50.5-3-b cr
105-50.5-3-c cr
106-30.5-1 am
106-30.5-2 am
106-30.5-2.5 cr
Analysis
This ordinance:
1. Modifies the forfeiture schedule for the illegal sale of alcoholic beverages and hemp-derived THC products to minors.
2. Prohibits minors from purchasing or possessing nicotine products such as vape pens or nicotine pouches.
3. Prohibits the purchase of cigarette, nicotine, or tobacco products for the purpose of distributing them to minors.
Body
The Mayor and the Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 90-18-1-b-2 of the code is amended to read:
90-18. Sale to an Underaged Person Prohibited.
1. SALES OF ALCOHOL BEVERAGES TO UNDERAGED PERSONS.
b-2. A person who commits a violation is subject to a forfeiture of:
b-2-a. Not more than $500 if the person has not committed a previous violation within [[12]] >>30<< months of the violation.
b-2-b. Not less than [[$200 nor more than]] $500 if the person has committed a previous violation within [[12]] >>30<< months of the violation.
b-2-c. Not less than [[$500]] >>$750<< nor more than $1,000 if the person has committed 2 previous violations within [[12]] >>30<< months of the violation.
b-2-d. Not less than $1,000 nor more than [[$5,000]] >>$10,000<< if the person has committed 3 or more previous violations within [[12]] >>30<< months of the violation.
Part 2. Section 105-50.5-3 of the code is amended to read:
105-50.5. Age Restrictions on Hemp-derived THC Products.
3. PENALTIES. Any person violating this section shall be subject to a forfeiture of >>:<< [[not less than $400 nor more than $1,000 together with the cost of prosecution, and upon default may be imprisoned as provided by law.]]
Part 3. Section 105-50.5-3-a to c of the code is created to read:
a. Not less than $400 nor more than $1,000 together with the cost of prosecution, and upon default may be imprisoned by law.
b. Not less than $1,000 nor more than $5,000 together with the cost of prosecution if the person has committed a previous violation within 30 months of the violation, and upon default may be imprisoned by law.
c. Not less than $5,000 nor more than $10,000 together with the cost of prosecution if the person has committed 2 or more previous violations within 30 months of the violation, and upon default may be imprisoned by law.
Part 4. Section 106-30.5-1 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.
1. FALSE REPRESENTATION ILLEGAL. No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette >>, nicotine product,<< or tobacco product.
Part 5. Section 106-30.5-2 of the code is amended to read:
2. EXCEPTION. No person under 18 years of age may purchase or possess [[cigarettes]] >>cigarette, nicotine product,<< or tobacco product except as follows:
a. A person under 18 years of age may purchase or possess cigarettes >>, nicotine products,<< 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 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes >>, nicotine products,<< 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.
Part 6. Section 106-30.5-2.5 of the code is created to read:
2.5. STRAW PURCHASE ILLEGAL. No person may purchase cigarettes, tobacco products, or nicotine products on behalf of, or to provide to, any person who is under 18 years of age. Any person who violates this subsection may be:
a. Required to forfeit not more than $500 if the person has not committed a previous violation within 30 months of the violation.
b. Fined not more than $500 or imprisoned for not more than 30 days or both if the person has committed a previous violation within 30 months of the violation.
c. Fined not more than $1,000 or imprisoned for not more than 90 days or both if the person has committed 2 previous violations within 30 months of the violation.
d. Fined not more than $10,000 or imprisoned for not more than 9 months or both if the person has committed 3 or more previous violations within 30 months of the violation.
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: June 9, 2026
______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB181670-2
Max Drickey
6/5/2026