[HISTORY: Adopted by the City Council of the City of Crystal Lake 1-19-1993 as amended 9-19-1995 by Ord. No. 3831 (Art. IV, Ch. I, Section C, of the 1993 Code); amended in its entirety 7-16-2019 by Ord. No. 7558. Subsequent amendments noted where applicable.]
The Mayor and City Council expressly find and declare that:
Tobacco use in all forms is dangerous to human health.
There is substantial scientific evidence that the use of tobacco products and nicotine causes or contributes to cancer, heart disease, and various other medical disorders.
The Surgeon General of the United States has declared that nicotine addiction is similar to addiction to cocaine and is the most widespread example of drug dependence in the United States.
The National Institute on Drug Abuse found that cigarette smoking precedes and may be predictive of adolescent illicit drug use.
The Food and Drug Administration has issued a caution related to e-cigarettes because the safety and efficacy of e-cigarettes have not been fully researched and studied and it is not known if the use of e-cigarettes may lead young people to try tobacco products, including conventional cigarettes, which are known to cause disease and lead to premature death.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
- ELECTRONIC CIGARETTE (E-CIGARETTE)
- An electronic device that: (1) typically includes a mouthpiece, a heating element or atomizer, a battery, and electronic circuits; (2) provides a gas derived from a liquid that includes nicotine, propylene glycol, or similar substance and perhaps other substances; and (3) 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.
- TOBACCO PRODUCTS
- Any substance containing tobacco leaf, including without limitation a cigarette, a cigar, pipe tobacco, snuff, chewing tobacco, and dipping tobacco.
- VENDING MACHINE
- Any self-service device that dispenses a tobacco product in exchange for payment, regardless of the mechanics of the device or the form of payment.
General license. It is unlawful to (1) sell or offer for sale at retail, (2) give away, (3) deliver, or (4) keep with the intention of selling at retail, giving away, or delivering any tobacco product or e-cigarette within the City without having first obtained a tobacco/e-cigarette dealer license from the City.
Vending machine license. It is unlawful to sell, give away, or otherwise make available any cigarette or any e-cigarette or cartridge or component of an e-cigarette by means of a vending machine in the City without having first obtained a license to do so from the City.
Expired, revoked, or invalid licenses. It is unlawful for an activity for which a license is required under this chapter to continue at any time when a license has expired, been revoked, or is invalid.
An application for a license required by § 203-3 of this chapter must be made in writing to the City Clerk or his or her designated representative. The application must contain: (1) the name of the applicant, (2) the address at which the sale, give-away, or delivery of a tobacco product or e-cigarette is proposed to be made, and (3) in the case of cigarette or e-cigarette vending machines, the number of machines for which licenses are requested and the specific, detailed location of each machine. The application must include payment in full of the license fee required by this chapter.
Annual tobacco/e-cigarette dealer license. A tobacco/e-cigarette dealer license is valid for one year commencing on June 1 and expiring on May 31 of the next year. A license issued during the license year is valid until May 31. The required fee must be paid in full for a tobacco/e-cigarette dealer license regardless of the date on which it is issued.
Annual license fee. The annual fee for a tobacco/e-cigarette dealer license is $50. The license fee must be paid to the City's Director of Finance on or before June 1 of each year.
Annual vending machine fee. In addition to the tobacco/e-cigarette dealer license fee, the annual fee for a vending machine is $50, payable in the same manner as the annual license fee. This fee of $50 applies to each vending machine.
It is unlawful for any person, including any licensee, to sell, offer for sale, give away, or deliver any tobacco product or e-cigarette or cartridge or component of an e-cigarette to any person under the age of 21 years.
Posting signs. The licensee must post signs informing the public of the age restrictions in this section at or near every display of a tobacco or e-cigarette product and on every vending machine that offers a tobacco or e-cigarette product for sale. Each sign must be plainly visible and must state: "THE SALE OF TOBACCO PRODUCTS, E-CIGARETTES, AND E-CIGARETTE CARTRIDGES AND COMPONENTS TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW."
Original package required. It is unlawful for any person, firm, or corporation, including any licensee, to sell or offer for sale any cigarettes or e-cigarettes to any person unless they are in the original package, pack, or carton.
It is unlawful for any licensee, or any officer, associate, member, representative, agent, or employee of a licensee, to engage, employ, or permit any person under 16 years of age to sell any tobacco product or e-cigarette or e-cigarette cartridge or component.
It is unlawful for any person under the age of 21 years to purchase any tobacco product or any e-cigarette or e-cigarette cartridge or component.
Misrepresentation of identity or age. It is unlawful for any person under the age of 21 years to misrepresent his or her identity or age, or to use any false or altered identification for the purpose of purchasing any tobacco product or any e-cigarette or e-cigarette cartridge or component.
It is unlawful for any person under the age of 18 years to possess any tobacco product or e-cigarette, except that the possession by a person under the age of 18 years under the direct supervision of that person's parent or guardian in the privacy of the parent's or guardian's home is not prohibited.
It is unlawful for any person to sell, offer for sale, give away, or deliver any tobacco product or any e-cigarette or e-cigarette cartridge or component within 100 feet of any school or child-care facility.
Definitions. For the purpose of this § 203-11, the following phrases have the meanings ascribed to them:
- Any licensee under this chapter and any person in the business of selling or otherwise distributing, promoting, or advertising any tobacco product or any e-cigarette or e-cigarette cartridge or component, or any employee or agent of any such licensee or person.
- RESTRICTED AREA
- Any public right-of-way, and any park, playground, or other property owned by the City, a township, a school district, a park district, or a public library.
Prohibited distributions. It is unlawful for a licensee/distributor, in the course of that licensee's/distributor's business, to distribute, give away, or deliver any (1) tobacco product or any e-cigarette or e-cigarette cartridge or component or (2) promotional or advertising materials for any tobacco product or any e-cigarette or e-cigarette cartridge or component free of charge to any person in any restricted area.
Locking device required. It is unlawful for any licensee to sell or offer for sale, give away, deliver, or keep with the intention of selling, giving away, or delivering any tobacco product or e-cigarette by use of a vending machine, unless the vending machine is equipped with a manual, electric, or electronic locking device controlled by the licensee that prevents its operation by persons under the age of 21 years.
Exception. A locking device under this section is not required on a vending machine located in a premises:
Every act or omission in violation of any provision of this chapter committed by an officer, director, manager, or other agent or employee of a licensee is deemed and held to be the act or omission of the licensee. The licensee may be punished for that act or omission in the same manner as if that act or omission had been committed by the licensee personally.
Administration by Mayor. The Mayor is charged with the administration of this chapter.
Suspension and revocation; fine. The Mayor may suspend or revoke any tobacco/e-cigarette dealer license or any vending machine license issued under this chapter if the Mayor determines that the licensee has violated any provision of this chapter or of Chapter 226, Drugs and Drug Paraphernalia, of this Code of Ordinances. In lieu of a suspension or revocation of a license, the Mayor may levy a fine on the licensee as provided in Subsection D of this section.
Notice and public hearing.
No license may be suspended or revoked and no licensee may be fined except after a public hearing by the Mayor with a seven-day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven-day notice period begins on the first day after delivery by certified mail or personal service.
If the Mayor decides after the public hearing that a license should be suspended or revoked, or that the licensee should be fined, then the Mayor, within seven days after the conclusion of the public hearing, shall state the reason for the decision in a written order and shall state either the amount of the fine or the period of suspension or that the license has been revoked. The written order must be served on the licensee within the seven days after it is made.
The Mayor of the City shall, for a first offense, impose a fine of not more than $500. The fine shall be in addition to any other penalty imposed by the Mayor. If the licensee is convicted of another offense within three years of the conviction for the prior offense, the Mayor shall impose a fine of not more than $1,000, which shall be in addition to any other penalty imposed by the Mayor; and for any subsequent convictions of the licensee for offenses committed during the three-year period, the Mayor shall impose a fine of not more than $1,500, which shall be in addition to any other penalty imposed by the Mayor.
Any licensee that has been found by the Mayor to have violated a provision of this chapter or of Chapter 226 shall pay to the City the costs of the public hearing as calculated by the Mayor, including without limitation court reporter's fees, the costs of transcripts or records, City attorneys' fees, the costs of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the City. The Mayor, in his or her discretion and consideration of all of the facts and circumstances, may reduce the amount of costs the licensee is required to pay. The licensee shall make the required payment of costs to the City within 30 days after notification of those costs by the Mayor. The failure of the licensee to pay the costs as required is a violation of this chapter and cause for license suspension or revocation or levy of a fine.
Unless another penalty is set forth in this chapter, the following fines and penalties apply to violations of this chapter. The fine and/or penalty will not be less than $75 and not more than $1,000. Each day on which a violation continues shall constitute a separate violation.
When a license has been revoked under this chapter for whatever cause, no license under this chapter may be granted to the same licensee or for the same premises for six months after the date of revocation of the license.