powered help
header-left header-center header-right
File #: 180187    Version: 0
Type: Ordinance Status: Passed
File created: 5/8/2018 In control: COMMON COUNCIL
On agenda: Final action: 5/30/2018
Effective date: 6/16/2018    
Title: An ordinance relating to regulation of electronic cigarettes for minors.
Sponsors: ALD. MURPHY, ALD. JOHNSON, ALD. PEREZ, ALD. LEWIS, ALD. HAMILTON, ALD. BORKOWSKI, ALD. DONOVAN
Indexes: SMOKING
Attachments: 1. 2016Law Enforcement_WI Wins_E-Cigarettes_signed.pdf, 2. Consumer Updates _ The Facts on the FDA's New Tobacco Rule.pdf, 3. E-cig policies in Wisconsin_Final.pdf, 4. Newsroom _ E-Liquids Misleadingly Labeled or Advertised as Food Products.pdf, 5. Press Announcements _ FDA, FTC take action against companies misleading kids with e-liquids that resemble children’s juice boxes, candies and cookies.pdf, 6. Press Announcements _ Statement from FDA Commissioner Scott Gottlieb, M.D., on new enforcement actions and a Youth Tobacco Prevention Plan to stop youth use of, and access to, JUUL and other e-cigarettes.pdf, 7. Products, Ingredients & Components _ Vaporizers, E-Cigarettes, and other Electronic Nicotine Delivery Systems (ENDS).pdf, 8. Teenage JUULing is taking over school bathrooms.pdf, 9. Chun et al (2017) Pulmonary Toxicity of E-Cigarettes.pdf, 10. Mohlmani et al (2017) Increased cardiac sympathic activity and oxidative stress in habitual electronic cigarette users - Implications for cardiovascu.pdf, 11. Soneji et al (2017) Association between initial use of e-cigarettes and subsequent cigarette smoking among adolescents and young adults - A sytematic.pdf, 12. E-Cigarette Factsheet.pdf, 13. Youth Access to E-Cigs in MKE.pdf, 14. WI Wins One Pager_2017 v3.pdf, 15. JUUL_One_Pager.pdf, 16. JUUL Labs Letter, 17. E-cig policies in Wisconsin.pdf, 18. Health Effects of Exposure to E-Cigs 5.17.18.pdf, 19. WI Wins and Youth Access to E-Cigs 5.17.18.pdf, 20. JUUL Labs, 21. Notice Published on June 15
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
6/15/20180 CITY CLERK PUBLISHED   Action details Meeting details Not available
6/8/20180 MAYOR SIGNED   Action details Meeting details Not available
5/30/20180 COMMON COUNCIL PASSEDPass14:0 Action details Meeting details Video Video
5/17/20180 PUBLIC SAFETY AND HEALTH COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Appearing: Ald. Murphy - Sponsor Tiffany Cobbs - MHD Desha Brown - Winds Program ACA - Nick DeSiato Anneke Mohr - City of Milwaukee Tobacco-Free Alliance Coordinator Public Policy Institute • Community Advocates All Public Safety and Health Committee members requested to be added as co- sponsors for this item.
Pass5:0 Action details Meeting details Video Video
5/8/20180 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

180187

Version

ORIGINAL

Reference

 

Sponsor

ALD. MURPHY, JOHNSON, PEREZ, LEWIS, HAMILTON, BORKOWSKI AND DONOVAN

Title

An ordinance relating to regulation of electronic cigarettes for minors.

Section

106-30-1-b  rn

106-30-1-b  cr

106-30-1-c  rn

106-30-1-d  rn

106-30-1-e  rn

106-30-2-a  am

106-30-2-b  am

106-30.2  cr

Analysis

The ordinance prohibits sale of electronic cigarettes and electronic cigarette paraphernalia to minors.

 

Body

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

 

Part 1. Section 106-30-1-b to e of the code is renumbered 106-30-1-c to f.

 

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

 

106-30. Sale of Cigarettes, Nicotine Products, or Tobacco Products to Persons Under 18.

1. DEFINITIONS.

b. “Nicotine products” means a product that contains nicotine and is not any of the following:

b-1. A tobacco product.

b-2. A cigarette.

b-3. A product that has been approved by the U.S. food and drug administration for sale as a smoking cessation product or for another medical purpose and is being marketed and sold solely for such an approved purpose.

 

Part 3. Sections 106-30-2-a and b of the code is amended to read:

 

2. PROHIBITION. a. No retailer may sell or give to any person under the age of 18 any cigarette >>, nicotine product,<< or tobacco product[[s]] at any time >>, except as provided in s. 254.92(2)(a), Wis. Stats<<.

b. No retailer may provide for nominal or no consideration cigarettes >>, nicotine products,<< or tobacco products to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.

 

Part 4: Section 106-30.2 of the code is created to read:

 

106-30.2. Sale of Electronic Cigarettes to Persons Under 18.

1. DEFINITIONS. In this section:

a. “Electronic smoking device” means an electronic device that can be used to deliver an inhaled dose of nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. It includes any such device whether manufactured, distributed, marketed, or sold as an electronic cigarette, commonly known as e-cigarettes; an electronic cigar; an electronic cigarillo; an electronic pipe; an electronic hookah; vape pen; or any other product name or descriptor.

b. “Electronic smoking device paraphernalia” means a cartridge, cartomizer, e-liquid, smoke juice, tip, atomizer, electronic smoking device battery, electronic smoking device charger, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices. 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. 139.74(12), Wis. Stats.

c. “Person” means any individual, partnership, firm, organization, association, corporation, trustee, or other legal entity of any kind.

d. “Vending machine” means any mechanical device that automatically dispenses electronic smoking devices or electronic smoking device paraphernalia when money or tokens are deposited in the device in payment for electronic smoking devices or electronic smoking device paraphernalia.

2. PROHIBITION. a. No person may sell or give any person under the age of 18 any electronic smoking device or electronic smoking device paraphernalia at any time.

b. No person may provide for nominal or no consideration an electronic smoking device or electronic smoking device paraphernalia to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.

3. REGULATIONS. a. The owner or operator of an establishment that sells electronic smoking devices or electronic smoking device paraphernalia shall post a sign in the immediate area where those products are sold stating that the sale of any electronic smoking devices or electronic smoking device paraphernalia to a person under the age of 18 is unlawful under this section.

b. A person or vending machine operator may not sell electronic smoking devices or electronic smoking device paraphernalia from a vending machine, except in an establishment where individuals under the age of 18 are not present or permitted at any time, as provided in s. 21 CFR Part 1140.

4. DEFENSE OF SELLER. Proof of all the following facts by a person who sells electronic smoking devices or electronic smoking device paraphernalia to a person under the age of 18 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 18 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 18.

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 18.

5. PENALTIES. a. Any person convicted of violating this section, except sub. 3-a, shall be subject to the following forfeitures:

a-1. Not more than $500 if the person has not committed a previous violation within 12 months of the violation.

a-2. Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.

b. Any person convicted of violating sub. 3-a shall forfeit not more than $25.

 

 

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

 

Drafter

LRB 170748-1b

Tea Norfolk

5/4/2018