[2003 Code; amended by Ord. 18-11-03-70, 11-5-2018]
For the purposes of this chapter, the following words and phrases
shall have the following meanings:
A product or device, such as an e-cigarette, 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 other means. This does not include
tobacco products as that term is defined in this section or any product
approved by the United States Food and Drug Administration as a non-tobacco
product for sale as a tobacco cessation product, a tobacco dependence
product, or for other medicinal purposes.
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
or vaping device. The term "e-cigarette" includes the cartridges and
components of an e-cigarette, individually or in any combination.
Any tobacco products that are suitable for dipping or chewing.
All substances of plant origin and their derivatives, including,
but not limited to, broom, calea, California poppy, damiana, hops,
ginseng, lobelia, jimsonweed and other members of the Datura genus,
passion flower and wild lettuce, which are processed or sold primarily
for use as smoking materials.
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 statute or of substances whose sale, gift,
barter or exchange is made unlawful under this chapter.
Any substance containing tobacco leaf, including but not
limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco,
or dipping tobacco or any alternative nicotine product or any e-cigarette.
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products.
[2003 Code]
It shall be unlawful to sell or offer for sale at retail or
in vending machines, to give away, deliver or keep with the intention
of selling at retail, giving away or delivering any tobacco products
within the City without having first obtained a tobacco dealers's
license therefor. Applications for such licenses shall be made in
compliance with this chapter.
[2003 Code]
Any person desiring a license under this chapter shall file
in writing an application therefor with the City Clerk upon a form
provided by the Clerk, setting forth the name and the address of the
applicant, the name of the owner of the premises or establishment
and such other information as may be prescribed.
[2003 Code; amended by Ord. 04-05-02-10, 5-17-2004]
A.
Annual License: The annual fee for such license shall be $100.
B.
Vending Machines: In lieu of the annual license fee for tobacco dealers as provided for in Subsection A of this section, where tobacco products are served through a coin operated vending machine in connection with an establishment whose business is not the sale of tobacco products at retail, the license fee for selling tobacco products through such vending machines shall be $100 for not more than three such machines maintained on the premises and $20 for each additional machine over three.
[2003 Code]
The license year for a tobacco dealer's license shall begin
on May 1 of each year and end on April 30 of the following year.
[2003 Code; amended by Ord. 18-11-03-70, 11-5-2018; 3-2-2020 by Ord. No. 20-03-02-50]
A.
Tobacco Products. No person under 21 years of age shall buy or possess
any tobacco products in any form. No person, including any licensee,
shall sell, purchase on behalf of, distribute samples of, or furnish
any tobacco products in any of its forms, to any person under 21 years
of age. It shall be unlawful for any licensee or any officer, associate,
member, representative, agent, or employee of such licensee to engage,
employ or permit any person under 16 years of age to sell tobacco
products in any licensed premises.
B.
Tobacco Accessories; Smoking Herbs. No person shall knowingly sell,
barter, exchange, deliver, or give away or cause, permit, or procure
to be sold, bartered, exchanged, delivered or given away tobacco accessories
or smoking herbs to any person under 21 years of age.
C.
False Identification Cards. No person in the furtherance or facilitation
of obtaining a cigar, cigarette, smokeless tobacco, tobacco accessories
or tobacco in any of its forms shall display or use a false or forged
identification card or transfer, alter or deface an identification
card.
D.
Warning to Underage Persons:
1.
Any person, firm, partnership, company or corporation operating a
place of business wherein tobacco products, tobacco accessories and
smoking herbs are sold or offered for sale shall post in a conspicuous
place upon the premises near every display of tobacco products, accessories,
or smoking herbs a sign upon which there shall be imprinted the following
statement:
SALE OF TOBACCO PRODUCTS, TOBACCO ACCESSORIES AND SMOKING HERBS
TO PERSONS UNDER 21 YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
PROCURE SUCH SALE IS PROHIBITED BY LAW. POSSESSION OF TOBACCO PRODUCTS
BY SUCH PERSON IS ALSO PROHIBITED BY LAW.
2.
Such a sign shall be printed on white card in red letters at least
1/2 inch in height.
[2003 Code; amended 3-2-2020 by Ord. No. 20-03-02-50; 3-2-2020 by Ord. No. 20-03-02-50]
A.
Sales In Proximity To Certain Institutions: It shall be unlawful
for any person to sell, offer for sale, give away or deliver tobacco
products within 100 feet of any school, childcare facility or other
building used for education or recreational programs for persons under
the age of 18 years.
B.
Free Distributions Prohibited In Certain Places: It shall be unlawful
for any licensee or any person in the business of selling or otherwise
distributing, promoting or advertising tobacco products of 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 tobacco
products free of charge to any person, regardless of age, unless in
an adult-only facility, as defined by the Prevention of Tobacco Use
by Persons under 21 Years of Age and Sale and Distribution of Tobacco
Products Act (720 ILCS 675/0.0.1 et seq.).
[2003 Code; amended 3-2-2020 by Ord. No. 20-03-02-50]
It shall be unlawful for any licensee to sell or offer for sale,
give away, deliver or to keep with the intention of selling, giving
away or delivering tobacco products, electronic cigarettes, or alternative
nicotine products by use of a vending machine unless such vending
marching is equipped with a manual, electric or electronic locking
device controlled by the licensee so as to prevent its operation by
persons under the age of 21 years. Such products cannot be placed
together with any non-tobacco product other than matches, and must
be in one of the following locations: places where persons under 21
years of age are not permitted access at any time; 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.
[2003 Code]
Every act or omission of whatsoever nature constituting a violation
of any of the provisions of this chapter by any officer, director,
manager or 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.
