Page 58 - Ordinance Chapter 12

Chapter 12 - Licenses and Permits

12.17 CIGARETTE AND TOBACCO PRODUCTS. (Cr. #098-31)

(1) LICENSE REQUIRED. No person, firm or corporation shall in any manner, or
upon any pretense, or by any device, directly or indirectly sell, expose for sale,
possess with intent to sell, exchange, barter, dispose of or give away any cigarettes
or tobacco products without securing a license from the Village Clerk as provided
in §134.65, Wis. Stats.

(2) APPLICATION AND FEE. Each application for a license shall be accompanied
by a $100 fee. The application and issued license shall specify the name of the
licensee and the place where authorized to conduct the licensed business. All
licenses issued pursuant to this section shall expire on the 30th day of June, next
succeeding the date of issue, unless sooner revoked. Such license shall not be
transferable from one person to another nor from one premise to another.

(3) DISPLAY. All persons granted licenses under this section shall cause their
licenses to be prominently displayed in their places of business.

(4) REQUIRED RECORDS. Every licensed retailer shall keep complete and accurate
records of all purchases and receipts of cigarettes and tobacco products. Such
records shall be preserved on the licensed premises for two years in such manner
as to ensure permanency and accessibility for inspection and shall be subject to
inspection at all reasonable hours by authorized law enforcement officials.

(5) PENALTY. Any person, firm or corporation violating this section shall forfeit not
more than $100 nor less than $25 for the first offense and not more than $200 nor
less than $25 for the second or subsequent offense. If upon such second or
subsequent violation, the person so violating this section was personally guilty of a
failure to exercise due care to prevent violation thereof, the person shall forfeit not
more than $300 nor less than $25. Conviction shall immediately terminate the
license of the person convicted of being personally guilty of such failure to
exercise due care and the person shall not be entitled to another license hereunder
for a period of five years thereafter, nor shall the person in that period act as the
servant or agent of a person licensed hereunder for the performance of the acts
authorized by such license. The Village Board of Trustees may revoke any license
issued pursuant to this section, pursuant to Section 12.02 (10) of this Municipal
Code, if the license holders or their agents or employees are found to have violated
Section 9.134.66 of this Municipal Code.

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