[Adopted 12-20-2005 by Ord. No. 05-063]
As used in this article, the following terms shall have the
meanings indicated:
A product or device not consisting of or containing tobacco
that provides for the ingestion into the body of nicotine, whether
by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing,
or by any other means. Alternative nicotine products exclude cigarettes,
smokeless tobacco, or other tobacco products as these terms are defined
herein and any product approved by the United States Food and Drug
Administration as a non-tobacco product for sale as a tobacco cessation
product, as a tobacco dependence product, or for other medical purposes,
and is being marketed and sold solely for that approved purpose.[1]
Cigarettes, cigars or tobacco intended for human use, including
loose tobacco, pipe tobacco, chewing tobacco and snuff.
No person shall sell at retail or solicit or receive an order
for, or keep or offer for sale, or keep with the intention of selling
any tobacco or tobacco product without first obtaining a tobacco license
from the Village for each location at which tobacco or tobacco products
are sold. A separate tobacco license shall be required for each location
from which tobacco or tobacco products are sold.
Applications for a tobacco license shall be made to the Village
Manager and shall be on a form prescribed by the Village. The application
shall be signed by the applicant if an individual or by a duly authorized
agent of the applicant if the applicant is not a natural person. All
information and statements made in the application shall be made and
verified by oath or affidavit. The application shall contain the following
information:
A.
The name, address, date of birth, telephone number, and social security
number of the applicant if the applicant is an individual; or the
name, address, date of birth, telephone number, and social security
number of:
B.
The location and description of the premises or place of business
for which the license is being applied for.
C.
A statement whether applicant has made a similar application for
a license on any premises other than the premises described in the
application.
D.
A statement that the applicant or any manager has never been convicted
of a felony or otherwise disqualified to receive a license by reason
of any matter or thing contained in the laws of Illinois or the ordinances
of the Village.
E.
A statement as to whether any previous license issued to applicant
by any state or other governmental unit or agency has been suspended
or revoked and the reasons therefor.
F.
A statement that the applicant will not violate any of the laws of
the state of Illinois or the provisions of this article in the conduct
of business at the location for which the license is proposed.
No license shall be issued to the following persons:
A.
A person who has been convicted of a felony under any federal or
state law.
B.
A person who has been convicted of pandering or other crime or misdemeanor
opposed to decency and morality.
C.
A person whose license under this article, or any similar regulatory
ordinance or statute, has been revoked for cause.
D.
A person who at the time of application for renewal of any license
issued hereunder would not be eligible for such license upon a first
application.
E.
A person whose place of business is conducted by a manager or assistant
manager or agent, unless said manager, assistant manager or agent
possesses the same qualifications required by the licensee.
F.
A person who does not own the premises for which a license is sought
or does not have a lease thereon for the full period for which the
license is issued.
All tobacco licenses shall be for a term of one year and shall
terminate on the 30th day of April next following the issuance of
the license, except that any license issued for a portion of the year
shall have a term of less than one year and the term thereof shall
terminate on the 30th day of April next following the issuance of
the license.
A tobacco license is nontransferable, except that a new tobacco
license will be issued to a licensee who changes location, provided
the licensee is otherwise eligible under the provisions of this article.
A.
No licensee nor any officer, associate, member, representative, agent,
or employee of such licensee shall sell, give, or deliver tobacco
or tobacco products to any person under the age of 18 years.
B.
No licensee nor any officer, associate, member, representative, agent
or employee of such licensee shall sell or permit to be sold tobacco
or tobacco products to any person without requesting and examining
identification establishing the purchaser's age as not less than 18
years unless the licensee has some other conclusive basis for determining
the purchaser's age.
C.
No licensee nor any officer, associate, member, representative, agent
or employee of such licensee shall knowingly distribute or furnish
tobacco or tobacco products, or coupons for tobacco or tobacco products,
without charge to any person under the age of 18 in any public place
or at any event open to the public.
D.
All tobacco and tobacco products shall be stored and offered for
sale only from counters or in locked cases which shall not be readily
accessible to persons under the age of 18 years.
[Amended 5-28-2013 by Ord. No. 13-033]
In addition to any penalty imposed hereunder, a tobacco license
may be suspended or revoked by the Village President after notice
and an opportunity to be heard in the event of a violation of this
article or a violation of the laws of the State of Illinois relating
to the sale of tobacco or tobacco products. The licensee shall be
responsible for the costs of such hearing.
[Added 2-26-2008 by Ord. No. 08-012[1]]
A.
No minor under 18 years of age shall buy any cigar, cigarette, smokeless
tobacco or tobacco in any of its forms. No person shall sell, buy
for, distribute samples of or furnish any cigar, cigarette, smokeless
tobacco or tobacco in any of its forms to any minor under 18 years
of age.
B.
No minor under 16 years of age may sell any cigar, cigarette, smokeless
tobacco, or tobacco in any of its forms at a retail establishment
selling tobacco products. This subsection does not apply to a sales
clerk in a family-owned business which can prove that the sales clerk
is in fact a son or daughter of the owner. For the purpose of this
section, "smokeless tobacco" means any tobacco products that are suitable
for dipping or chewing.
[Added 2-26-2008 by Ord. No. 08-012[1]]
A.
No person under the age of 18 years shall knowingly possess or use
tobacco, in any of its forms, in any public place or business. No
person under the age of 18 years shall misrepresent his or her identity
or age, or use false or altered identification, for the purpose of
purchasing cigarettes or tobacco in any form.
B.
Violations. Whenever a police officer or police employee of the Village
observes a violation of this section, he or she may confiscate the
tobacco product for disposal and issue a violation notice to the person
committing the violation. The violation notice shall be signed by
the police officer or police employee and shall include the following:
A.
A person,
either directly or indirectly by an agent or employee, may not sell,
offer for sale, give, or furnish any alternative nicotine product,
as herein defined, or any cartridge or component of an alternative
nicotine product, to a person under 18 years of age.
B.
Before
selling, offering for sale, giving, or furnishing an alternative nicotine
product, or any cartridge or component of an alternative nicotine
product, to another person, the person selling, offering for sale,
giving, or furnishing the alternative nicotine product shall verify
that the person is at least 18 years of age by:
(1)
Examining
from any person who appears to be under 27 years of age a government-issued
photographic identification that establishes the person is at least
18 years of age; or
(2)
For
sales made though the Internet or other remote sales methods, performing
an age verification through an independent, third-party age verification
service that compares information available from public records to
the personal information entered by the person during the ordering
process that establishes the person is 18 years of age or older.
Any person found to have violated any of the provisions of this
article shall, upon conviction thereof, be fined in an amount of not
less than $250 and not more than $1,000. A separate violation of this
article shall be deemed to have been committed on each day during
which a violation occurs or is permitted to continue.
