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Burlington, WI Business Licensing & Operations: Tobacco Retail License (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

License issuer
City Clerk
Prerequisite
Valid Wisconsin Seller's Permit
License expires
June 30 each year
Minimum sale age
18 years old
Second offense
5-year license ban

Summary

Burlington requires a Clerk-issued license before anyone sells cigarettes or tobacco products in the city, and the same chapter defines and separately restricts sale of vapor products to minors. City Code § 128-1 ties the license to a valid Wisconsin Seller's Permit.

ELECTRONIC SMOKING DEVICE Any product, which may or may not contain nicotine or any other similar substance, intended for human consumption that can be used by a person to simulate smoking through inhalation or exhalation of vapor or aerosol from the product. ... C. License required. No person shall sell, exchange, dispose of, give away or keep for sale any cigarettes or cigarette papers or wrappers or tobacco products without first obtaining a license therefor from the Clerk in the manner provided in § 134.65, Wis. Stats. This subsection shall not apply to jobbers doing interstate business with customers outside Wisconsin. No license shall be issued until the applicant provides a copy of a current Wisconsin Seller's Permit to the City.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4997580; v29 updated 2026-07-07; through 07-07-2026).

Full Breakdown

65, Wis. Stats. An applicant cannot get the license until providing the Clerk a current Wisconsin Seller's Permit, and the license, once issued, names the licensee and the licensed location and expires every June 30. The Common Council sets the license fee, payable when the application is filed. The chapter's findings section explains why it treats electronic smoking devices such as e-cigarettes, e-cigs, e-hookahs, mods, Juuls, vape pens, and tank systems as within its regulatory reach: they heat a liquid, often containing nicotine, into an inhaled aerosol.

The chapter defines 'ELECTRONIC SMOKING DEVICE' broadly to capture any product used to simulate smoking, including component parts and refill cartridges, and folds electronic smoking devices into its 'SMOKE or SMOKING' definition alongside cigars, cigarettes, and hookahs. While the license clause in Subsection C names only cigarettes and tobacco products, Subsection H separately bars purchase, possession, or provision of 'cigarettes, nicotine products, tobacco products, or electronic smoking devices' to anyone under 18, adopting Wis. 92 by reference and expanding on it. A second conviction for violating the section terminates the licensee's privileges outright, barring that person from holding a license or acting as another licensee's agent for five years.

Violations & Fines

Selling without a license, or selling tobacco or vapor products to a minor, violates § 128-1 and is enforced by the City Clerk and Police Department; a second conviction ends license privileges for five years under Subsection F. Otherwise, violations carry the City's general penalty of a $5 to $500 forfeiture per offense under § 1-4.

Frequently Asked Questions

Does Burlington require a separate license to sell vapes?
No. City Code § 128-1C requires one retail license, issued by the Clerk, covering cigarettes and tobacco products; the chapter regulates electronic smoking devices through its definitions and the under-18 sale ban instead of a distinct vape license.
What happens if I sell tobacco without a Burlington license?
You are in violation of § 128-1 and subject to the City's general penalty of $5 to $500 per offense under § 1-4, plus possible license suspension or revocation.
Can a store lose its tobacco license for repeat violations?
Yes. A second conviction under § 128-1F terminates the licensee's privileges immediately, and the person cannot hold a license or work as another licensee's agent for five years.

Sources & Official References

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