A. Sale To Minors Prohibited: No person shall knowingly sell, barter, exchange, deliver or give away or cause or permit or procure to be sold, bartered, exchanged, delivered or given away tobacco accessories or smoking herbs to any person under eighteen (18) years of age.
B. Sale Of Bidi Cigarettes: No person shall knowingly sell, barter, exchange, deliver or give away a bidi cigarette to another person, nor shall a person cause or permit or procure a bidi cigarette to be sold, bartered, exchanged, delivered or given away to another person.
C. Sale Of Cigarette Paper: No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit or procure cigarette paper to be sold, offered, bartered, exchanged, delivered or given away except from premises or an establishment where other tobacco products are sold.
D. Sale Of Cigarette Paper From Vending Machines: No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit or procure cigarette paper to be sold, offered, bartered, exchanged, delivered or given away by use of a vending or coin operated machine or device. For purposes of this section, cigarette paper shall not include any paper that is incorporated into a product to which a tax stamp must be affixed under the cigarette tax act 1 or the cigarette use tax act 2 .
E. Use Of Identification Cards: No person in the furtherance or facilitation of obtaining tobacco accessories and smoking herbs shall display or use a false or forged identification card or transfer, alter or deface an identification card.
F. Warning To Minors: Any person, firm, partnership, company or corporation operating a place of business where tobacco accessories and smoking herbs are sold or offered for sale shall post in a conspicuous place upon the premises a sign which there shall be imprinted the following statement: "Sale Of Tobacco Accessories And Smoking Herbs To Persons Under 18 Years Of Age Or The Misrepresentation Of Age To Procure Such A Sale Is Prohibited By Law". The sign shall be printed on a white card in red letters at least one-half inch (1/2") in height.
G. Penalty:
1. Except for subsection B of this section, any person who knowingly violates or shall knowingly cause the violation of any provision of this section shall be guilty of a class C misdemeanor and shall be fined pursuant to 730 Illinois Compiled Statutes 5/5-4.5-65(e) and be responsible for the village's cost of prosecution, including reasonable attorney fees.
2. Any person who knowingly violates or shall knowingly cause the violation of subsection B of this section shall be guilty of a petty offense and shall be fined as follows: for the first offense, not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), for a second offense within a two (2) year period, not less than two hundred fifty dollars ($250.00) nor more than six hundred dollars ($600.00), and for a third or subsequent offense within a two (2) year period, not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00). The violator shall also be responsible for the village's cost of prosecution, including reasonable attorney fees. (Ord. 2010-O-35 § 3)
Notes
| 1 | 1. 35 ILCS 130/1 et seq. |
| 2 | 2. 35 ILCS 135/1 et seq. |