Wauwatosa, WI Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- License required
- City clerk license, all retailers
- State law incorporated
- Wis. Stat. § 134.65
- School/daycare/park buffer
- 1,000 feet
- Retailer-to-retailer buffer
- 1 mile
- Zoning approval needed
- Conditional Use Permit
- Zoning rule adopted
- Ord. O-25-18, 7/22/2025
Summary
Selling cigarettes, vaping devices or tobacco products in Wauwatosa requires a license from the city clerk under Chapter 6.10, and any new vape or tobacco shop also faces a strict zoning buffer: it cannot sit within 1,000 feet of a daycare, K-12 school or public park, or within 1 mile of another such retailer, without a Conditional Use Permit.
No person shall sell cigarettes, electronic vaping devices, or tobacco products in the city without first obtaining a license from the city clerk. The provisions of Section 134.65 Wisconsin Statutes are hereby adopted and made a part of this section by reference. ... Prohibited Location: ... No Cigarette, Cigar, Tobacco, Vape, or E-cigarette Store shall be located within 1,000 feet of any of the following: Daycare centers Public or private schools, grades K-12 Public parks Concentration: No Cigarette, Cigar Tobacco, Vape, or E-cigarette Store shall be located within 1 mile of another Cigarette, Cigar Tobacco, Vape, or E-cigarette Store.
Full Breakdown
10, adopted by Ord. O-24-16 on May 30, 2024, requires anyone selling cigarettes, electronic vaping devices or tobacco products in the city to hold a license from the city clerk before making a sale. 010 folds Wis. Stat. 70, keeps applying alongside the license requirement. 020 ties it to whatever amount the Common Council sets each year in the Consolidated Fee Schedule. 120, adopted about a year later by Ord. 030 allows the use, must sit at least 1,000 feet from any daycare center, K-12 school or public park, and must sit at least 1 mile from any other store in the same use category.
Distances are measured in a straight line from property boundary to property boundary. The Conditional Use Permit application must also include a signage plan showing every sign's design, size and location, content that does not promote vaping to minors, required age-restriction and health-warning displays, and a ban on any signage within 3 feet of ground level.
Violations & Fines
Section 6.10.030 subjects any violation of the licensing chapter to the code's general penalty provisions, which under Section 1.12.010 default to a forfeiture of not less than $1 nor more than $5,000 per offense, with each day a violation continues counted as a separate offense. A store that opens or operates without the required Conditional Use Permit, or that breaches the 1,000-foot or 1-mile zoning buffers in Section 24.09.120, is also subject to the city's ordinary zoning enforcement and permit-revocation process.
Frequently Asked Questions
Does Wauwatosa require a separate license to sell vapes or e-cigarettes?
How far must a new vape or tobacco shop be from a school in Wauwatosa?
Can two tobacco or vape stores operate near each other in Wauwatosa?
What zoning approval does a new tobacco or vape store need in Wauwatosa?
Sources & Official References
Other rules in Wauwatosa
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