Number
241661
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BURGELIS, ZAMARRIPA, MOORE, TAYLOR AND WESTMORELAND
Title
A substitute ordinance relating to tobacco regulations.
Sections
106-30.3 cr
108-3-2.7 cr
108-3-6 am
Analysis
This ordinance prohibits the sale of hookah and hookah paraphernalia to persons under the age of 21. The ordinance further adds establishments offering hookah service to the list of entities requiring a public entertainment premises license.
This ordinance creates a penalty for selling hookah products to anyone under the age of 21 of up to $1,000 for a person who has not committed a violation within the prior 12 months, and of between $500 and $1,000 for a person who has committed a violation within the prior 12 months.
This ordinance also creates a penalty of $250 for failure to post a sign stating that the sale of 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 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 $1,000 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 2. Section 108-3-2.7 of the code is created to read:
108-3. Definitions.
2.7. HOOKAH SERVICE means the rental or complimentary use of a hookah provided by an establishment. A hookah is any recreational water pipe used to inhale heated or vaporized substances, including, but not limited to, tobacco, shisha or tobacco-free shisha.
Part 3. Section 108-3-6 of the code is amended to read:
6. PUBLIC ENTERTAINMENT means any entertainment of any nature or description to which the public generally may gain admission, either with or without the payment of a fee. Any entertainment operated commercially for gain by membership, season ticket, invitation or other system open or offered to the public generally shall be deemed to constitute a public entertainment. This definition includes dances, dancing by patrons to prerecorded or live music, dancing by performers for or without compensation, shows and exhibitions provided for a fee including plays, skits, musical revues, children’s theater, dance productions, musical concerts, opera and the production or provision of sights or sounds or visual or auditory sensations which are designed to or may divert, entertain or otherwise appeal to members of the public who are admitted to a place of entertainment, which is produced by any means, including radio, phonograph, jukebox, television, video reproduction, tape recorder, piano, orchestra or band or any other musical instrument, slide or movie projector, spotlights, or interruptible or flashing light devices and decoration. This term includes a carnival, festival, >>establishment offering hookah service,<< motion picture house or theater and, when offered to the public for a fee, bowling, billiard tables or amusement machines as defined in s. 107-13.
Part 4. The provisions of this ordinance relating to license requirements for establishments offering hookah service shall go into effect 90 days after the ordinance goes into effect.
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: April 10, 2025
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
Kathleen Brengosz
LRB180121-2
4/3/2025