[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.
[Amended 8-20-2019 by Ord. No. 2019-3413; 1-21-2020 by Ord. No. 2020-3447; 1-20-2026 by Ord. No. 2026-3866]
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.
COMPLIANCE CHECK
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.
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 device. The term "e-cigarette" includes the cartridges and component parts of an e-cigarette, individually or in any combination.
FLAVORED LIQUID NICOTINE PRODUCT
Any liquid nicotine product that contains a constituent that imparts a characterizing flavor. As used in this definition, the term "characterizing flavor" means a distinguishable taste or aroma, imparted either prior to or during consumption of a liquid nicotine product, including, but not limited to, tastes or aromas of mint, wintergreen, chocolate, vanilla, honey, cocoa, any candy, any dessert, any alcoholic beverage, any fruit, any herb, or any spice, but shall not include the taste or aroma of tobacco or menthol. No liquid nicotine product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. A public statement or claim made or disseminated by the manufacturer of a liquid nicotine product, or by any person authorized or permitted by the manufacturer to make or disseminate such statement or claim, that a liquid nicotine product has or produces a characterizing flavor shall establish that the liquid nicotine product is a flavored liquid nicotine product.
LICENSE
A cigarette-tobacco dealer license issued by the Village for the retail sale of tobacco products.
LICENSEE
The holder of a valid cigarette-tobacco dealer license issued by the Village for the retail sale of tobacco products.
MINOR
Any person under the age of 21.
PUBLIC PLACE
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.
RETAIL TOBACCO STORE
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.
SELF-SERVICE DISPLAYS
Open displays of tobacco products and point of sale tobacco promotional products to which the public has access without intervention of a store employee.
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.
TOBACCO PRODUCTS
Any substance containing tobacco leaf, including, but not limited to, cigarettes, e-cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and dipping tobacco.
VENDING MACHINE
Any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any form of payment, dispenses tobacco products.
[Amended 7-16-2024 by Ord. No. 2024-3787]
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 or a retail tobacco store 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; 1-20-2026 by Ord. No. 2026-3866]
It shall be unlawful for any person, including any licensee under this Article 3, to sell, offer for sale, give away, or deliver:
(A) 
Tobacco products or tobacco accessories to any person under the age of 21 years within the Village.
(B) 
Flavored liquid nicotine products to any person.
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.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1]
Editor's Note: See Ch. A25, Fees.
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.
[1]
Editor's Note: See Ch. A25, Fees.