[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:
ALTERNATIVE NICOTINE PRODUCT
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.
E-CIGARETTE
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.
SMOKELESS TOBACCO
Any tobacco products that are suitable for dipping or chewing.
SMOKING HERBS
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.
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 statute or of substances whose sale, gift, barter or exchange is made unlawful under this chapter.
TOBACCO PRODUCTS
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.
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.
[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; 4-21-2025 by Ord. No. 25-04-02-70]
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.).
C. 
Sales Of E-Cigarettes And Alternative Nicotine Products In Proximity To Certain Institutions:
1. 
It shall be unlawful for any person to sell, offer for sale, give away or deliver e-cigarettes or alternative nicotine products within 1,000 feet of any school, childcare facility or other building used for education or recreational programs for persons under the age of 18 years. The 700-foot limitation shall be measured from the lot line of the school nearest to the location of the lot line of the property where the e-cigarettes or alternative nicotine products are sold, tendered for sale, given away or delivered to the lot line of the property where the e-cigarettes or alternative nicotine products are sold, tendered for sale, given away or delivered. If the e-cigarettes or alternative nicotine products are sold, tendered for sale given away or delivered away on public property, the distance shall be measured from the lot line of the school nearest to where the transaction was conducted to the location of the transaction.
2. 
Definitions. "E-cigarette" and "alternative nicotine products" shall be defined as set forth in Section 3-4-1 of this chapter.
[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.