City of Milwaukee - File #: 120397

• File #: 120397
• Version: 0
• Type: Ordinance
• Status: Passed
• File created: 7/6/2012
• In control: LICENSES COMMITTEE
• Final action: 7/24/2012
• Effective date: 8/10/2012
• Title: An ordinance relating to record-keeping by cigarette and tobacco retail licensees, and providing penalties.
• Sponsors: ALD. DAVIS
• Indexes: LICENSES, SMOKING

Date	Ver.	Action By	Action	Result	Tally
8/9/2012	0	CITY CLERK	PUBLISHED
8/3/2012	0	MAYOR	SIGNED
7/24/2012	0	COMMON COUNCIL	PASSED	Pass	15:0
7/24/2012	0	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Individuals appearing: Ald. Joe Davis, 2nd Aldermanic District Richard Withers, Legislative Reference Bureau	Pass	5:0
7/18/2012	0	LICENSES COMMITTEE	HEARING NOTICES SENT
7/10/2012	0	LICENSES COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	5:0
7/6/2012	0	COMMON COUNCIL	ASSIGNED TO
7/6/2012	0	LICENSES COMMITTEE	HEARING NOTICES SENT
7/6/2012	0	LICENSES COMMITTEE	HEARING NOTICES SENT

Number

120397

Version

ORIGINAL

Reference

Sponsor

ALD. DAVIS

Title

An ordinance relating to record-keeping by cigarette and tobacco retail licensees, and providing penalties.

Sections

84-43-3.7      cr

84-3-4  am

84-43-4-b  cr

Analysis

This ordinance establishes record keeping requirements for cigarette and tobacco retail licensees and penalties consistent with s. 134.65(4) an (5), Wis. Stats.

Records of purchases and receipts of cigarettes and tobacco products must be kept on the licensed premises for 2 years in such a manner as to allow inspection by state and local law enforcement personnel.

Current penalties for violation of cigarette and tobacco retail licensing requirements are

a fine of not less than $25 nor more than $100 for the first offense a fine of not less than $25 nor more than $200 for a 2^nd offense.

This ordinance provides additional penalties upon conviction of a 2^nd or subsequent violation when the court finds that the person convicted did not personally exercise due care in which case the maximum penalty is $300 and not $200, and the license of a person convicted of a 2^nd or subsequent violation and found to have not exercised due care shall be immediately terminated. The licensee is not be entitled to a new license or to be employed by another licensee in licensed activities for a period of 5 years.

Body

Whereas, The Wisconsin Court of Appeals has ruled that the state regulatory scheme for cigarette and tobacco sales preempts municipalities from adopting regulations that are not in strict conformity with those of the state; and

Whereas, The provisions of s. 134.65(4), Wis. Stats., require licensed cigarette and tobacco retailers to keep and preserve records of all purchases and receipts of cigarettes and tobacco products upon the licensed premises for a period of 2 years in a manner that allows inspection by state and local law enforcement officials; and

Whereas, The provisions of s. 134.65(5), Wis. Stats., provides penalties for violation of the licensing and record-keeping requirements, including loss of the license and disqualification for a new license upon conviction of a 2^nd violation and a finding that the person licensed and convicted did not personally exercise due care; now, therefore,

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1.  Section 84-43-3.7 of the code is created to read:

84-43. Cigarette and Tobacco License.

3.7. RECORDS TO BE KEPT. Every retailer licensed under this section shall keep complete and accurate records of all purchases and receipts of cigarettes and tobacco products.  The records shall be preserved on the licensed premises for 2 years in a manner to ensure permanency and accessibility for inspection and shall be subject to inspection at all reasonable hours by authorized state and local law enforcement officials.

Part 2. Section 84-43-4 of the code is amended to read:

4. [[PENALTY.]]>>PENALTIES. a.<< Any person violating this section shall be fined not less than $25 nor more than $100 for the first offense or, in lieu of nonpayment or default of such fine, costs and disbursements, [[be imprisoned in the county jail or house of correction of Milwaukee county for a period of not more than 4 days]]>>may be imprisoned as provided by law<<; and for a second or subsequent offense not less than $25 nor more than $200 or, in lieu of nonpayment or default of such fine, costs and disbursements, [[be imprisoned in the county jail or house of correction of Milwaukee county for a period of not more than 8 days]]>>may be imprisoned as provided by law.<<

Part 3. Section 84-43-4-b of the code is created to read:

      b. If upon conviction of a 2nd or subsequent violation, the person violating this section is found personally guilty of a failure to exercise due care to prevent the violation, the person shall be fined not less than $25 nor more than $300 or, in lieu of nonpayment or default of such fine, costs and disbursements, may be imprisoned as provided by law. Conviction under this paragraph shall result in immediate termination of the license of the person convicted of being personally guilty of failure to exercise due care and the person shall not be entitled to another license under this section for a period of 5 years after conviction, nor shall the person in that period act as the servant or agent of a person licensed under this section in the performance of acts authorized by the license.

LRB

APPROVED AS TO FORM

____________________________

Legislative Reference Bureau

Date:  ______________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

____________________________

Office of the City Attorney

Date:  ______________________

Requestor

CITY ATTORNEY

Drafter

LRB140561-1

Richard L. Withers

6/29/2012