File #: O-2016-0036    Version: 1
Type: Ordinance Status: Passed
File created: 8/2/2016 In control: License and Health Committee (INACTIVE)
On agenda: 8/2/2016 Final action: 8/2/2016
Title: An Ordinance to Repeal and Recreate Section 9.04 of the West Allis Revised Municipal Code Relating to Cigarette and Tobacco Product Sales.
Sponsors: License and Health Committee (INACTIVE)
Attachments: 1. O-20116-0036 corrected scrivener's error, 2. O-2016-0036 publication affivadit
Title

An Ordinance to Repeal and Recreate Section 9.04 of the West Allis Revised Municipal Code Relating to Cigarette and Tobacco Product Sales.

Body

The Common Council of the City of West Allis do ordain as follows:

PART I. Section 9.04 of the Revised Municipal Code of the City of West Allis is hereby repealed and recreated to read as follows:

9.04 CIGARETTE AND TOBACCO PRODUCT SALES.

(1) State Statute Adopted. Except as otherwise provided herein, Wisconsin Statute Section 134.65, as it is from time to time amended, is hereby adopted by reference.

(2) License Required. No person 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, as defined in Wis. Stat. Sections 139.30(3m) and 139.75(12), to any person not holding a license under Chapter 134 of the Wisconsin Statutes or a permit under Wis. Stat. Sections 139.30 to 139.41 or 139.79 without first obtaining a license from the City.

(3) License Requirements. The City Clerk may not issue a license under subsection (2) unless the applicant specifies in the license application whether the applicant will sell, exchange, barter, dispose of or give away the cigarette or tobacco products over the counter or in a vending machine, or both.

(4) License Issuance. Upon filing of a proper written application and payment of the license fee of $100, a license shall be issued on July 1 of each year or when applied for and continue in force until the following June 30 unless sooner revoked. Each license shall name the licensee and specifically describe the premises where such business is to be conducted.

(5) License Transfer Prohibited. A license shall not be transferable from one person to another nor from one premise to another.

(6) Recordkeeping. Every licensed retailer shall keep complete and accurate records of all purchases and recei...

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