Sale of Tobacco to Persons Under 18.
Milwaukee Code of Ordinances § 106-30
in effect106-30. Sale of Tobacco to Persons Under 18.
1. DEFINITIONS. In this section:
a. "Cigarette" means any roll of tobacco wrapped in paper or any substance other than tobacco.
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.
c. "Person" means any individual, partnership, firm, organization, association, corporation, trustee or other legal entity of any kind.
d. "Retailer" means any person licensed under s. 134.65(1), Wis. Stats.
e. "Tobacco products" means: cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking; but does not include cigarettes, as defined under s. 139.30(1m), Wis. Stats.
f. “Vending machine” means any mechanical device that automatically dispenses cigarettes or tobacco products when money or tokens are deposited in the device in payment for cigarettes or tobacco products.
2. PROHIBITION. a. No retailer may sell or give to any person under the age of 18 any cigarette, nicotine product, or tobacco product 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.
3. REGULATIONS. a. The owner or operator of a premise which sells cigarettes or tobacco products shall post a sign in the immediate area where those products are sold stating that the sale of any cigarette or tobacco products to a person under the age of 18 is unlawful under this section and ss. 134.66 and 254.92, Wis. Stats.
b. A retailer or vending machine operator may not sell cigarettes or tobacco products from a vending machine, except in a facility where individuals under the age of 18 are not present or permitted at any time, as provided in s. 21 CFR Part 1140.
c. No retailer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under s. 139.32(1), Wis. Stats.
4. DEFENSE OF RETAILER. Proof of all the following facts by a retailer who sells cigarettes or tobacco products 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. If the court finds that a person licensed under s. 84-43 committed a violation, the license of the person shall be suspended for the following periods of time:
b-1. Not more than 3 days if the person committed a violation within 12 months after committing one previous violation.
b-2. Not less than 3 days nor more than 10 days if the person committed a violation within 12 months after committing 2 previous violations.
b-3. Not less than 15 days nor more than 30 days if the person committed the violation within 12 months after committing 3 or more previous violations.
c. Upon suspension of the license under par. b, the court shall promptly mail notice of the suspension to the Wisconsin department of revenue.
d. Any person convicted of violating sub. 3-a shall forfeit not more than $25.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH106.pdf#page=11Fetched: 10/26/2026