[Amended 1-21-2020 by Ord. No. 2020-3447]
The Village has determined that cigarette smoking, the use of e-cigarettes, and other tobacco use by minors is a grave public health concern. It is the stated policy of the Village to provide protection for the public health and safety by implementing a strict and enforceable system to prevent the illegal sale of cigarettes, e-cigarettes, and other tobacco products to minors. This Article 3 shall be read in conjunction with the Village's cigarette-tobacco dealers license regulations set forth in Article 4 of Chapter 9 of this Code.
The following words, terms and phrases, when used in this Article 3, shall have the meanings ascribed to them in this Section 10-3-2, except where the context clearly indicates a different meaning.
An inspection conducted with the intention of assessing retail
sales of tobacco products to minors and enforcing age of sales laws.
Compliance checks are conducted by having designated persons under
the age of 18 attempt to buy tobacco products from vendors.
An electronic device that typically includes a mouthpiece,
a heating element or atomizer, a battery, and electronic circuits;
provides a gas derived from a liquid that includes nicotine, propylene
glycol, or similar substance and perhaps other substances; and is
inhaled by a user in a manner that simulates or resembles smoking.
The term "e-cigarette" includes all manner of these devices, regardless
of the details of a device's appearance or marketed name, that are
manufactured to resemble a cigarette, cigar, pipe, or other smoking
device. The term "e-cigarette" includes the cartridges and component
parts of an e-cigarette, individually or in any combination.
[Added 1-21-2020 by Ord.
No. 2020-3447]
A cigarette-tobacco dealer license issued by the Village
for the retail sale of tobacco products.
The holder of a valid cigarette-tobacco dealer license issued
by the Village for the retail sale of tobacco products.
Any person under the age of 21.
[Amended 8-20-2019 by Ord. No. 2019-3413]
An area to which the public is invited or in which the public
is permitted, including, but not limited to, any right-of-way, mall
or shopping center, park or playground, and any other property owned
by the Village and/or a public school district located in whole or
in part within the Village.
A retail establishment that derives more than 80% of its
gross revenue from the sale of loose tobacco, plants, or herbs and
cigars, cigarettes, pipes, and other smoking devices for burning tobacco
and related smoking accessories and in which the sale of other products
is merely incidental.
Open displays of tobacco products and point of sale tobacco
promotional products to which the public has access without intervention
of a store employee.
Cigarette papers, pipes, holders of smoking materials of
all types, cigarette rolling machines and other items, designed primarily
for the smoking or ingestion of tobacco products or of substances
made illegal.
Any substance containing tobacco leaf, including, but not
limited to, cigarettes, e-cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco, and dipping tobacco.
[Amended 1-21-2020 by Ord. No. 2020-3447]
Any mechanical, electric or electronic, self-service device
which, upon insertion of money, tokens or any form of payment, dispenses
tobacco products.
It shall be unlawful to sell, or offer for sale at retail, to give away, deliver or to keep with the intention of selling at retail, giving away, or delivering tobacco products or tobacco accessories within the Village without having first obtained a valid cigarette-tobacco dealer license from the Village Manager pursuant to Article 4 of Chapter 9 of this Code for each location in which tobacco products are sold. All such licenses must be renewed annually.
[Amended 8-20-2019 by Ord. No. 2019-3413]
It shall be unlawful for any person, including any licensee
under this Article 3, to sell, offer for sale, give away, or deliver
tobacco products or tobacco accessories to any person under the age
of 21 years within the Village.
Pursuant to the authority and in accordance with the provisions
of the Sale and Distribution of Tobacco Products Act, 720 ILCS 675/0.01,
et seq., and the Cigarette Health Warning Act, 410 ILCS 85/1 et seq.,
regarding the display of warning signs, the definitions, terms and
provisions of said Illinois Compiled Statutes acts are hereby adopted
insofar as such definitions, terms, and provisions may be applicable,
the same as if set out in length in this Article 3 for the purpose
of posting warning signs at or near every display of tobacco products.
[Amended 8-20-2019 by Ord. No. 2019-3413]
No licensee shall sell or permit to be sold, cigarettes or other
tobacco products, or tobacco accessories to an individual appearing
younger than the age of 30 without requesting and examining photographic
identification establishing the purchaser's age as 21 years of age
or greater.
[Amended 8-20-2019 by Ord. No. 2019-3413]
It shall be unlawful for any person under the age of 21 years
of age to purchase tobacco products, or tobacco accessories, or to
misrepresent his or her age or use any false or altered identification
with the intention of purchasing tobacco products or tobacco accessories.
It shall be unlawful for any licensee, officer, associate, member,
or representative, agent or employee of such licensee to engage, employ
or permit any person under 18 years of age to sell tobacco products
on any licensee's premises.
(A)
It shall be unlawful for any licensee, person, business, or tobacco
retailer to sell, permit to be sold, or offer for sale any tobacco
product by means of self-service displays or any other means other
than vendor-assisted sales.
(B)
It shall be unlawful for any person to operate or maintain a vending
machine or self-service display for the sale or dispensing of tobacco
or cigarette products within the Village. "Self-service displays"
means open display of tobacco or cigarette products and point of sale
tobacco or cigarette promotional products that the public has access
to without the intervention or assistance of a store employee.
All tobacco products or tobacco accessories shall be kept in
an area which is not accessible to retail customers. At the discretion
of the licensee, persons, excepting all minors, may have access to
a controlled humidor, containing only cigars, on the licensee's premises.
It shall be unlawful for any licensed cigarette-tobacco dealer
to locate a retail premises within 200 feet of any school, child-care
facility or other building used for the education or recreational
programs for persons under the age of 18 years, measured at the lot
line and excluding streets and alleys, unless at least 90% of the
floor area of cigarette-tobacco dealer retail premises is devoted
to the sale of nontobacco products and accessories.
It shall be unlawful for any licensee or any person in the business
of selling or otherwise distributing, promoting, or advertising tobacco
products or any employee or agent of any such licensee or person,
in the course of such licensee's or person's business, to distribute,
give away or deliver cigarettes or other tobacco products, or coupons
for cigarettes or other tobacco products or tobacco accessories, without
charge, or at nominal charge, to any person on any right-of-way, playground,
or other property owned by the Village, any school district, any park,
or any public library, or in any store or public place of any event
open to the public.
It is unlawful to sell cigarettes out of the manufacturer's
package without required health warnings. It is unlawful to sell cigarettes
individually or in packages of fewer than 20 cigarettes per package.
Every act or omission of any nature constituting a violation
of any provisions of this Article 3 by any officer, director, manager
or any other agent or employee of any licensee shall be deemed and
held to be the act of such licensee; and such licensee shall be punishable
in the same manner as if such act or omission had been done or omitted
by the licensee personally.
[Amended 8-20-2019 by Ord. No. 2019-3413]
(A)
It shall be unlawful for a person under 18 years of age to possess
any tobacco products or tobacco accessories.
(B)
It shall not be a violation of this Section 10-3-15 for a person under 18 years of age to possess any tobacco product or tobacco accessories where:
(1)
Such use takes place under the direct supervision and approval
of the parents, or legal guardian of the minor; and
(2)
Such use takes place in the privacy of a home or established
place of worship or tribal meeting place; provided, however, where
such use takes place in an established place of worship or tribal
meeting place, such use shall not be a violation only where use is
in the performance of a religious service or tribal ceremony and the
religious group or tribe is legally established and recognized by
the State of Illinois.
The Village Manager shall have the right, but not the obligation, to suspend or revoke a cigarette-tobacco dealer license upon any violation by the licensee of any provision of this Article 3, in accordance with Section 9-1-16 of this Code.
Nothing herein shall prevent the Village from proceeding against
a licensee in the circuit court in lieu of or in addition to any proceedings
hereunder to suspend or revoke a licensee's license. Any person found
guilty of violating any provision of this Article 3 shall be fined
as follows:
(A)
For the first violation, a licensee shall be fined in an amount set
forth in the Annual Fee Resolution.
(B)
For the second violation, a licensee shall be fined in an amount
set forth in the Annual Fee Resolution.
(C)
For the third violation and any subsequent violations, a licensee
shall be fined in an amount set forth in the Annual Fee Resolution.
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A separate offense shall be deemed committed on each day during
or on which a violation occurs or continues.
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Any minor who violates the regulations relating to the purchase and possession of tobacco as set forth in Sections 10-3-7 and 10-3-15 of this Code will be subject to the following penalties.
(A)
For the first violation, a fine in the amount set forth in the Annual
Fee Resolution or the completion of an approved smoking cessation
program.
(B)
For the second violation, a fine in the amount set forth in the Annual
Fee Resolution and the completion of an approved smoking cessation
program.
(C)
For the third and subsequent violations, a fine in the amount set
forth in the Annual Fee Resolution and the completion of an approved
smoking cessation program and not less than 20 hours of community
service.
