City of Milwaukee - File #: 010342

• File #: 010342
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 6/19/2001
• In control: JUDICIARY & LEGISLATION COMMITTEE
• Final action: 8/2/2001
• Effective date: 8/18/2001
• Title: A substitute ordinance relating to cigarette and tobacco sales to, and possession by, persons under the age of 18.
• Sponsors: ALD. NARDELLI, ALD. CAMERON
• Indexes: FINES AND PENALTIES, SMOKING

Date	Ver.	Action By	Action	Result	Tally
8/17/2001	1	CITY CLERK	PUBLISHED
8/10/2001	1	MAYOR	SIGNED
8/2/2001	1	COMMON COUNCIL	PASSED	Pass	16:0
7/30/2001	1	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
7/26/2001	1	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PASSAGE AND ASSIGNED; Minutes note: Ald. Cameron requested to be added as a sponsor.	Pass	5:0
7/24/2001	1	CITY CLERK	DRAFT SUBMITTED
7/20/2001	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
7/20/2001	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
7/20/2001	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
7/20/2001	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
7/19/2001	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
7/19/2001	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
7/19/2001	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
7/9/2001	0	JUDICIARY & LEGISLATION COMMITTEE	NOT ACTED ON; Minutes note: The aforementioned file was not referred from the Public Safety Committee.
6/28/2001	0	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	5:0
6/25/2001	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
6/25/2001	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
6/25/2001	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
6/25/2001	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
6/25/2001	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
6/21/2001	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
6/21/2001	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
6/20/2001	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
6/19/2001	0	COMMON COUNCIL	ASSIGNED TO

Number
010342
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. NARDELLI and CAMERON
Title
A substitute ordinance relating to cigarette and tobacco sales to, and possession by, persons under the age of 18.
Sections
106-30-1-d rc
106-30-1-e cr
106-30-2 rc
106-30-3-a am
106-30-3-b am
106-30-3-d cr
106-30-3-e cr
106-30-4 rn
106-30-4 cr
106-30.5 cr

Analysis
This ordinance amends various provisions relating to the sale to and possession of cigarettes and tobacco products to persons under the age of 18 to bring the code into compliance with state statutes pursuant to recent amendments enacted by 1999 Wisconsin acts 9, 84 and 185. The major changes include a penalty not to exceed $50 for possession of cigarettes or tobacco products by minors and permits an exception for minors involved in official "sting" operations. There is also a provision related to the defense of retailers who sell to minors who present false ID or appear to be 18 or over to a prudent person.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 106-30-1-d of the code is repealed and recreated to read:

106-30. Sale of Tobacco to Persons Under 18.

1. DEFINITIONS.

d. "Tobacco products" means cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco; fine cut and other chewing tobaccos; short; refuse scrape, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking; but does not include cigarettes, as defined under s. 139.30(1), Wis. Stats.

Part 2. Section 106-30-1-e of the code is created to read:

e. "Vending machine" means any mechanical device that automatically dispenses cigarettes or tobacco products when money or tokens are deposited in the device in payment for cigarettes or tobacco products.

Part ...