IPCPR Legislative | Restrictions in Wisconsin

Restrictions in Wisconsin

wisconsin

Smoking, Age and Sampling Restrictions in Wisconsin

Wisconsin law prohibits smoking in the following enclosed places: the state capitol; residence halls or dormitories owned or operated by a college or university; child care centers; educational facilities; inpatient health care facilities; theaters; correctional facilities; state institutions; restaurants; taverns, meaning any establishment other than a restaurant that holds a Class B intoxicating liquor license or Class B fermented malt beverages license; private clubs; retail establishments; common areas of multiple-unit residential properties; lodging establishments; state, county, city, village, or town buildings; all other enclosed places that are places of employment, including offices, work areas, elevators, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, hallways, stairways, lobbies, common areas, vehicles, and employee cafeterias; all other enclosed places that are public places; sports arenas, including stadiums, pavilions, gymnasia, swimming pools, skating rinks, bowling centers, and other buildings where spectator sporting events are held; bus shelters; and public conveyances, including mass transit vehicles, school buses, and any other device by which persons are transported, for hire, on a highway or by rail, water, air, or guidewire within Wisconsin.

 

Wisconsin law prohibits smoking in the following outdoor locations: in the immediate vicinity of the state capitol; anywhere on the premises of a child care center when children who are receiving child care services are present; anywhere on the grounds of a Type 1 juvenile correctional facility; and any location that is 25 feet or less from a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin system.

 

Wis. Stat. § 101.123(1): Definitions
Wis. Stat. § 101.123(2): Prohibitions against smoking

 

A person in charge of establishments where smoking is prohibited must not provide matches, ashtrays, or other equipment for smoking and must post signs setting forth the prohibition and providing other appropriate notification and information concerning the prohibition.

 

Wis. Stat. § 101.123(2m): Responsibility of persons in charge

 

State law does not limit the authority of any county, city, village, or town to enact ordinances or of any school district to adopt policies that, complying with the purpose state law, protect the health and comfort of the public. If a county, city, village, or town enacts an ordinance, or if a school district adopts a policy, regulating or prohibiting outside smoking in certain areas, the ordinance may apply only to public property under the jurisdiction of the county, city, village, town, or school district. Such ordinance must provide that the person in charge of a restaurant, tavern, private club, or retail establishment located in an area subject to the ordinance may designate an outside area that is a reasonable distance from any entrance to the restaurant, tavern, private club, or retail establishment where customers, employees, or persons associated with the restaurant, tavern, private club, or retail establishment may smoke. Such ordinance may not define the term “reasonable distance” or set any specified measured distance as being a “reasonable distance.”

 

Wis. Stat. § 101.123(4m): Local authority

 

Exemptions

 

The following are exempt from the ban on smoking, subject to conditions:

  • A private residence
  • A room used by only one person in an assisted living facility as his or her residence
  • A room in an assisted living facility in which 2 or more persons reside if every person who lives in that room smokes and each of those persons has made a written request to the person in charge of the assisted living facility to be placed in a room where smoking is allowed
  • A retail tobacco store that is in existence on June 3, 2009, and in which only the smoking of cigars and pipes is allowed
    • A “retail tobacco store” is a retail establishment that does not have a Class B intoxicating liquor license or a Class B fermented malt beverages license and that generates 75% or more of its gross annual income from the retail sale of tobacco products and accessories.
  • A tobacco bar that is in existence on June 3, 2009, and in which only the smoking of cigars and pipes is allowed
    • A “tobacco bar” is an establishment other than a restaurant that holds a Class B intoxicating liquor license or Class B fermented malt beverages license and generates 15% or more of its annual gross income from the sale on the premises, other than from a vending machine, of cigars and tobacco for pipes.

 

Wis. Stat. § 101.123(1): Definitions
Wis. Stat. § 101.123(3): Exceptions

Individuals under 18 years of age cannot purchase, attempt to purchase, possess, or falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product. However, this prohibition does not apply to a person under 18 years of age who purchases or possesses cigarettes, nicotine products, or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer. Similarly, it is illegal for any person to purchase cigarettes, tobacco products, or nicotine products on behalf of, or to provide to, any person who is under 18 years of age.

 

Wis. Stat. § 254.92: Purchase or possession of cigarettes or tobacco products by person under 18 prohibited

 

Department of Workforce development staff reported that Wisconsin’s child labor laws do not include any specific prohibitions against minors selling tobacco. Minors are able to work in most retail establishments at age 14.

 

Retailers must post a sign in areas within his or her premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under 18 years of age is unlawful.

 

Wis. Stat. § 134.66(2)(b): Restrictions on sale or gift of cigarettes or nicotine or tobacco products

 

A county, town, village, or city may enact an ordinance regulating youth access to tobacco products only if the ordinance strictly conforms to state law. A county ordinance enacted under this subsection does not apply within a town, village, or city that has enacted or enacts an ordinance under this subsection.

 

Wis. Stat. § 254.92(4): Purchase or possession of cigarettes or tobacco products by person under 18 prohibited

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

 

In Wisconsin, no retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes, nicotine products, or tobacco products to any person under the age of 18.

 

Wis. Stat. § 134.66(2)(a): Restrictions on sale or gift of cigarettes or nicotine or tobacco products

 

No  retailer, direct marketer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor 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 is 18 years of age or older.

 

Wis. Stat. § 134.66(2)(am): Restrictions on sale or gift of cigarettes or nicotine or tobacco products

 

Staff reported that tobacco samples are subject to the Wisconsin tobacco products tax.

 

No person may 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 to any person not holding a license without first obtaining a license from the clerk of the city, village, or town wherein such privilege is sought to be exercised.

 

Wis. Stat. § 134.65(1): Cigarette and tobacco products retailer license

 

A county, town, village, or city may enact an ordinance regulating tobacco sampling only if the ordinance strictly conforms to state law. A county ordinance enacted under this subsection does not apply within a town, village, or city that has enacted or enacts an ordinance under this subsection.

 

Wis. Stat. § 134.66(5): Restrictions on sale or gift of cigarettes or nicotine or tobacco products

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