A. Sales; Purchases:
1. Enforcement Authority: The Police Department is the authorized enforcement authority for illegal underage sales and purchases of tobacco products. While the Village does not at this time conduct unannounced inspections of tobacco vendors, the Police Department has established a complaint procedure which is utilized following complaints about alleged underage sales/purchases.
2. Source Revealed: Complaint procedures are also followed when an underage youth charged with tobacco possession, or possession and consumption, reveals the source of the tobacco products found in his/her possession. At the time citations are issued, underage youths are asked if and where they purchased the tobacco products.
3. Complaint Received; Identified Vendor:
a. Discussion With Owner: When the Police Department receives a complaint about a vendor, or when an establishment is identified by an underage youth who has received a citation for possession, or possession and consumption, a police officer contacts the owner of the establishment to discuss the complaint.
b. Salesperson: The police officer discusses the details of the complaint with the licensee/establishment owner, which often includes the description of the salesperson given to the Police Department by a complainant or a youth offender. Findings indicate that individuals described by complainants or underage offenders typically are not the owners of the establishments, rather, they are employees.
c. Review Of Law, Penalties, Access Prevention Methods: The police officer review State and local tobacco minimum age laws, penalties, and youth access prevention methods with the establishment owner.
B. Possession; Consumption:
1. Authorized Enforcement: The Police Department is the authorized enforcement entity for underage possession and consumption laws.
2. Citations: Citations issued to underage youths for possession of tobacco products, or for possession and consumption, usually are either as a result of basic plain view by police officers, a secondary violation, or complaints registered by residents. The largest number of complaints come from residents in close proximity to schools.
3. Notification Of Parents: Whether a first-time offense or subsequent violation, after issuing a citation to a minor, the police officer is required to notify parents/legal guardians. However, youth offenders do not have to be released to their parents/legal guardians as in full-custody arrest procedures.
4. Juvenile Police Officer: The Juvenile Police Officer maintains all records, reviews all citations, and coordinates parental contact and acknowledgement of underage tobacco citations.
5. Arrest; Release: A minor arrested for possession and consumption may, within fourteen (14) days, be released upon supervision under the direction and control of the Juvenile Police Officer pursuant to the Juvenile Court Act of 1986, 705 Illinois Compiled Statutes 405/5-6.
6. Tobacco Awareness Education Program:
a. First-Time Offender: Release of a minor on supervision shall be on the condition that the minor is a first-time offender and agrees to participate in the Tobacco Awareness Education Program sponsored by the Police Department and the Henry Public Health Department within thirty five (35) days following arrest. The release of a minor on supervision to participate in the Tobacco Awareness Education Program is available only to first-time offenders and with parental acknowledgement.
b. Failure To Complete Program; Fine: After fourteen (14) days from the date of the offense or upon the failure of a minor to complete the Tobacco Awareness Education Program during his/her release on supervision, fines are imposed only by a court of competent jurisdiction in the manner otherwise provided by law.
c. Arrestee/Parent Information On Tobacco Ordinance Violation Form: All youth offenders and their parents/legal guardians are given an arrestee/parent information on tobacco ordinance violation form (whether first time or subsequent offense). Parents/legal guardians of first-time offenders who choose to attend the alternative educational program must sign a form acknowledging his/her child’s agreement to participate in the Tobacco Awareness Education Program in lieu of the payment of a fine as a result of the child's arrest. The signing of the form also acknowledges the requirement that parent/legal guardian must attend the last hour of the final session of the program with his/her child. (1998 Code)