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Middleton, 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 period
July 1 to June 30 annually
First-offense fine
$25 to $100
Second-offense fine
$25 to $200
Late renewal fee
15% of license fee
Issued by
City Clerk
Denial appeal
License and Ordinance Committee

Summary

Selling cigarettes, electronic vaping devices or tobacco products in Middleton requires an annual license from the City Clerk under Municipal Code § 7.16. Licenses run July 1 through June 30, and "electronic vaping device" is defined broadly to reach e-cigarettes, vape pens and e-hookahs regardless of nicotine content. Fines start at $25, rise on a second offense, and each unlicensed day counts as a separate violation.

"Electronic vaping device" means a device that may be used to deliver any aerosolized or vaporized liquid or other substance for inhalation, regardless of whether the liquid or other substance contains nicotine, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. ... It shall be unlawful for any person, in any manner, directly or indirectly, upon any pretense or by any device, to manufacture, to directly or indirectly sell, exchange, barter, dispose of or give away, or keep for sale any cigarettes, electronic vaping devices, or tobacco products in the City of Middleton without first obtaining a license under this Section. ... Any person violating any of the provisions of this Section may be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for the first offense and not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) for the second offense.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

16 makes it unlawful, directly or indirectly and under any pretense, to manufacture, sell, exchange, barter, give away or keep for sale any cigarettes, electronic vaping devices or tobacco products in Middleton without a City Clerk license. "Cigarette" carries the meaning set in Wis. 30 and "tobacco products" the meaning in Wis. 75(12). An applicant files a written application naming the person and the place of business, and the license is not delivered until the Clerk receives proof the fee was paid; the fee sits within the range the state authorizes under Wis.

65. A person with a disqualifying arrest or conviction record under Wis. 335 cannot be licensed. If the Clerk denies an application, the applicant gets written notice of the denial and its reasons and can request reconsideration by the License and Ordinance Committee, with notice mailed or served at least ten days before that hearing, where the applicant may present evidence. Licenses issue every July 1 and run to the following June 30 unless revoked earlier for a violation. Renewal must happen by June 30 or the licensee owes a late filing fee of fifteen percent of the license fee, on top of any other penalty for lacking a license.

Violations & Fines

A first offense under Section 7.16 carries a fine of twenty-five to one hundred dollars, and a second offense carries twenty-five to two hundred dollars. Each day cigarettes, electronic vaping devices or tobacco products are manufactured, sold or otherwise disposed of in Middleton without a valid license counts as a separate offense, so an ongoing unlicensed operation can accumulate daily fines quickly on top of losing the license itself.

Frequently Asked Questions

Do vape shops need a separate license from cigarette retailers in Middleton?
No. Municipal Code § 7.16 covers cigarettes, electronic vaping devices and tobacco products under one license. "Electronic vaping device" is defined broadly to include e-cigarettes, e-cigars, e-pipes, vape pens and e-hookahs regardless of nicotine content, so any retailer selling these products needs the same City Clerk license.
When does a Middleton tobacco or vape retail license expire?
Licenses run from July 1 through June 30 of the following year. Renewal must be filed by June 30 or the retailer owes a late filing fee equal to fifteen percent of the license fee, in addition to any other penalties for operating without a valid license.
What's the penalty for selling tobacco products in Middleton without a license?
A first offense carries a fine of $25 to $100, and a second offense carries $25 to $200. Each day cigarettes, vaping devices or tobacco products are sold without a license is treated as a separate violation under § 7.16.
Can the City deny a tobacco retail license application?
Yes. The City Clerk can deny an application if the applicant has a disqualifying arrest or conviction record under Wis. Stat. §§ 111.321, 111.322 and 111.335. A denied applicant gets written notice and can request reconsideration before the License and Ordinance Committee.

Sources & Official References

Other rules in Middleton

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