Grant County, WI Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- Retailer defined as
- Person licensed under § 134.65(1), Wis. Stats.
- Minimum age
- 18 years for sale or provision of tobacco
- Vending machine buffer
- None within 500 feet of a school
- First-offense forfeiture
- Not more than $500
- Repeat within 12 months
- Not less than $200, not more than $500
- License suspension range
- Up to three days, then 3 to 10, then 15 to 30
- Sign and notice violations
- Not more than $25 (§ 250-10)
Summary
Chapter 250 of the Grant County Code ties tobacco retail to the state license: a retailer is any person licensed under § 134.65(1), Wis. Stats. The chapter bars sales to anyone under 18, bars any retailer from placing a vending machine within 500 feet of a school, and requires the court to suspend the license after repeat violations within 12 months.
RETAILER Any person licensed under § 134.65(1), Wis. Stats. ... C. Notwithstanding the provisions above, no retailer may place a vending machine within 500 feet of a school in Grant County. § 250- ... 9. Penalties for certain violations. A. In this section, "violation" means a violation of § 250-3, 250-5B or C or 250-6 of this chapter. A person who commits a violation is subject to a forfeiture of: (1) Not more that $500 if the person has not committed a previous violation within 12 months of the violation; or (2) Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation. B. The court shall suspend any license or permit issued under § 134.65, 139.34 or 139.79, Wis. Stats., to a person for: (1) Not more than three days if the court finds that the person committed a violation within 12 months after committing one previous violation; (2) Not less than three days nor more than 10 days if the court finds that the person committed a violation within 12 months after committing two other violations;
Full Breakdown
Grant County adopted Chapter 250 on 7-22-2003 as Ord. No. 44, after the Grant County Health Department recognized that many smokers begin before age 18. The chapter rests on § 134.66(5), Wis. Stats., which authorizes a county to regulate tobacco sales to persons under 18, and it makes the Health Department the agent for unannounced compliance investigations at retail outlets, including vending machine sites.
Who is covered. Section 250-2 defines RETAILER as any person licensed under § 134.65(1), Wis. Stats. The license a seller holds is therefore the state license, and the chapter's operative rules attach to that license holder. Section 250-3 bars any retailer, manufacturer, distributor, jobber or subjobber, and their agents, employees and contractors, from selling or providing cigarettes or tobacco products to anyone under 18 in Grant County, subject to the § 254.92(2)(a) exception. It also bars giving tobacco away anywhere minors are present or permitted to enter unless the minor is with a parent, guardian or adult spouse. Under § 250-4 a retailer must post a sign where tobacco is sold stating that sale to a person under 18 is unlawful under § 254.92.
Vending and location. Section 250-5 requires a notice on the front of every vending machine and allows machine sales only where the retailer or operator ensures that no one under 18 is present or permitted to enter unless accompanied by a parent, guardian or adult spouse. Section 250-5C adds the chapter's location rule: no retailer may place a vending machine within 500 feet of a school, defined in § 250-2 as an elementary, middle, junior high, senior high or high school.
Training and defense. Section 250-7 requires each retailer to train agents and employees on § 250-3 compliance and keep the signed training form in the personnel file. If an untrained employee commits a violation, the citation goes only to the retailer. Section 250-8 gives a seller a defense when the buyer falsely claimed to be 18 and showed an identification card, looked 18 to an ordinary and prudent person, and the sale was made in good faith.
Reach. Section 250-11 says §§ 250-3 through 250-9 do not apply within any town, village or city that has adopted its own ordinance under § 134.66, Wis. Stats.
Violations & Fines
A violation of § 250-3, 250-5B or C, or 250-6 draws a forfeiture of not more than $500 for a first offense, and not less than $200 nor more than $500 if a previous violation fell within 12 months. The court must also suspend the retailer's state license: up to three days after one prior violation, three to 10 days after two, and 15 to 30 days after three or more. Violating § 250-4 or 250-5A costs not more than $25.
Frequently Asked Questions
What license does a tobacco retailer need under the Grant County code?
How close can a tobacco vending machine be to a school?
Who can write a citation under Chapter 250?
What rules apply to buyers under 18?
Does Chapter 250 apply inside Platteville, Lancaster or other municipalities?
Sources & Official References
Other rules in Grant County
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