Sponsor
Alderman Maack
Title
Ordinance No. 17-06 to amend Secs. 22-291 and 22-297 of the Muncipal Code relating to Cigarette and tobacco products retailers - Statutory provision adopted; Penalty for violation of article.
To amend Secs. 22-291 and 22-297 of the Municipal Code of the City of Racine, Wisconsin relating to Cigarette and tobacco products retailers - Statutory provision adopted; Penalty for violation of article.
The Common Council of the City of Racine do ordain as follows:
Part 1:
Sec. 22-291 of the Municipal Code of the City of Racine is hereby amended by adding “(a)” at the beginning of the paragraph, by changing “Stats.” to read “Stat.” in two places in the paragraph and by adding the following paragraph at the end of the section:
“(b) The provisions of Wis. Stat. § 134.66(2)(a), (am), (cm) and (e) relating to licenses for cigarette and tobacco products are adopted as a portion of this article as far as may be applicable to the city. A violation of any such provisions of Wis. Stat. § 134.66(2)(a), (am), (cm) and (e) shall constitute a violation of this article.”
Part 2:
Sec. 22-297 of the Municipal Code of the City of Racine is hereby amended by adding “(a)” at the beginning of the paragraph, by deleting the phrase “this article” in the second line, by inserting “sec. 22-291(a) or sec. 22-292” in its place, and by adding the following paragraph at the end of the section:
“(b) A person who commits a violation of sec. 22-291(b) is subject to a forfeiture of:
a. Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or
b. Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
(c) A court shall suspend any license or permit issued under s. 134.65, 139.34 or 139.79 to a person for:
a. Nor more than 3 days, if the court finds that the person committed a violation within 12 months after committing one pervious violation;
b. Not less than 3 days nor more than 10 days, if the court finds that the person committed a violation within 12 months after committing 2 other violations; or
c. Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing 3 or more other violations.
(d) The court shall promptly mail notice of a suspension under subd. 3 to the department of revenue and to the clerk of each municipality which has issued a license or permit to the person.”
Part 3:
This ordinance shall take effect upon passage and the day after publication.
Passed by the Common Council:
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Approved:
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Mayor
Attest:
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City Clerk
FISCAL NOTE: N/A