[HISTORY: Adopted by the Board of Trustees of the Village of Tilton 11-9-2006 by Ord. No. 2006-11-09C (Ch. 8.28 of the Village Code). Amendments noted where applicable.]
A. 
The Village Board expressly finds and declares that:
(1) 
Cigarette smoking and other uses of tobacco products are dangerous to human health;
(2) 
There exists substantial scientific evidence that the use of tobacco products causes cancer, heart disease and various other medical disorders;
(3) 
The Surgeon General of the United States has declared that nicotine addiction from tobacco is similar to addiction to cocaine, and is the most widespread example of drug dependency in this country;
(4) 
The Director of the National Institute on Drug Abuse has concluded that the majority of the 320,000 Americans who die each year from cigarette smoking became addicted to nicotine as adolescents before the age of legal consent;
(5) 
The National Institute on Drug Abuse has found that adolescent cigarette smoking precedes and may be predictive of adolescent illicit drug use; and
(6) 
The present legislative scheme of prohibiting sales of tobacco products to persons under the age of 21 has proven ineffective in preventing such persons from using tobacco products.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The enactment of this chapter directly pertains to and is in furtherance of the health, welfare and safety of the residents of the Village, particularly those residents under 21 years of age.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
ALTERNATIVE NICOTINE PRODUCT
As defined in 720 ILCS 675/1.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ELECTRONIC CIGARETTE
As defined in 720 ILCS 675/1.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SMOKING HERBS
All substances of plant origin and their derivatives, including but not limited to broom, calea, California poppy, damiana, hops, ginseng, lobelia, jimson weed and other members of the Datura genus, passion flower and wild lettuce, which are processed or sold primarily for use as smoking materials.
TOBACCO ACCESSORIES
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 under any state statute or Village ordinance, or of substances whose sale, gift, barter or exchange is made illegal under any state statute or Village ordinance.
TOBACCO PRODUCTS
Any substance containing tobacco leaf or tobacco in any of its forms, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
TOBACCO VENDING MACHINE
Any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products, tobacco accessories and/or smoking herbs, electronic cigarettes or alternative nicotine products to any person who is under the age of 21 years.
B. 
Signage.
(1) 
Signs informing the public of the age restrictions provided for herein shall be posted at every business selling tobacco products, tobacco accessories and smoking herbs, electronic cigarettes or alternative nicotine products at or near every display of tobacco products, tobacco accessories and smoking herbs, electronic cigarettes or alternative nicotine products and on or near every tobacco vending machine. Each such sign shall be plainly visible from the point of purchase and shall state:
"The sale of tobacco products, tobacco accessories and smoking herbs, electronic cigarettes or alternative nicotine products to persons under 21 years of age and the misrepresentation of age to procure such a sale is prohibited by law."
(2) 
The text of such signs shall be in red letters on a white background, said letters to be at least one inch high.
C. 
It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products, tobacco accessories and/or smoking herbs, electronic cigarettes or alternative nicotine products within 100 feet of any school, playground, sports facility, park, child-care facility or other building used for education or recreational programs for persons under the age of 21 years.
D. 
It shall be unlawful for any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, tobacco accessories or smoking herbs, electronic cigarettes or alternative nicotine products or any employee or agent of any such licensee or person, in the course of such person's business, to distribute, give away or deliver tobacco products, tobacco accessories or smoking herbs, electronic cigarettes or alternative nicotine products free of charge to any person on any right-of-way, park, playground or other property owned by the Village, or any school grounds.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
All tobacco products, tobacco accessories, and smoking herbs, electronic cigarettes and alternative nicotine products shall be sold from behind the counter or in a sealed display case.
B. 
The restrictions described in this section shall not apply to a retail tobacco store that:
(1) 
Derives at least 90% of its revenue from tobacco and tobacco-related products;
(2) 
Does not permit persons under the age of 21 to enter the premises unless accompanied by a parent or legal guardian; and
(3) 
Posts a sign on the main entrance(s) stating that persons under the age of 21 are prohibited from entering unless accompanied by a parent or legal guardian.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
It shall be unlawful for any person who is under the age of 21 years to purchase tobacco products, tobacco accessories or smoking herbs, electronic cigarettes or alternative nicotine products, or to misrepresent his or her identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products, tobacco accessories or smoking herbs, electronic cigarettes or alternative nicotine products.
B. 
It shall be unlawful for any person under the age of 21 years to possess any tobacco products, tobacco accessories or smoking herbs, electronic cigarettes or alternative nicotine products.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
It shall be unlawful for any person to sell or to offer for sale, give away, deliver, or to keep with the intention of selling, giving away or delivering tobacco products by use of a tobacco vending machine, unless such vending machine is equipped with a manual, electric or electronic locking device controlled by the seller so as to prevent its operation by persons under the age of 21 years.
B. 
Every tobacco vending machine shall be in plain view of the seller or its employees during business hours.
C. 
Any premises where access by persons under the age of 21 years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of a business located at such premises or places where alcoholic beverages are sold and consumed on the premises and vending machine operation is under the direct supervision of the owner or manager shall be exempt from the requirements of this section.
[Added 7-21-2011 by Ord. No. 2011-07-21-A]
A. 
It is unlawful for anyone to smoke in or within 25 feet of any bleachers or grandstands located in a ball field or park owned by the Village and located within the Village limits.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SMOKE or SMOKING
The inhaling, exhaling, burning or carrying or smoking of any kind of a lighted cigarette, cigar, material in a pipe, or other combustible substance or any other lighted smoking equipment in any manner or any form.