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 par...
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