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 2nd offense.
This ordinance provides additional penalties upon conviction of a 2nd 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 2nd 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 fo...
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