A. Definitions: For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them:
ALTERNATIVE NICOTINE PRODUCT: A product or device 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 any other means. Alternative nicotine product does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and electronic cigarette as defined in this Section; or any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
ELECTRONIC CIGARETTE: Any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or any solution or substance, whether or not it contains nicotine intended for use in the device. Electronic cigarette includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device. Electronic cigarette does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and alternative nicotine product as defined in this Section; any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose; any asthma inhaler prescribed by a physician for that condition and is being marketed and sold solely for that approved purpose; or any therapeutic product approved for use under the Compassionate Use of Medical Cannabis Pilot Program Act.
NICOTINE: Any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived.
TOBACCO PRODUCT: Any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product which contains tobacco that is finely cut, ground, powdered, or leaf and intended to be placed in the oral cavity. Tobacco product includes any component, part, or accessory of a tobacco product, whether or not sold separately. Tobacco product does not include: an electronic cigarette and alternative nicotine product as defined in this Section; or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
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, alternative nicotine products, or electronic cigarettes.
B. License Required: It shall be unlawful to sell or offer for sale at retail, to furnish, to give away, to deliver or to keep with the intention of selling at retail, furnishing, giving away or delivering tobacco products, alternative nicotine products or electronic cigarettes within the Village without having first obtained a dealer's license therefor pursuant to this Section.
Such license shall be in addition to any other license required by this code.
A separate license must be obtained for each point of sale maintained by the seller within the Village. Point of sale means a store, stand, vending machine or other place of business maintained by the seller from which tobacco products, alternative nicotine products, or electronic cigarettes are made available. Point of sale does not include separate cash registers, service counters, or vending machines within the same store at the same location.
A dealer's license issued hereunder shall be displayed prominently at the point of sale for which it is issued.
A dealer's license is not transferable from one owner to another, one business to another, or from one location to another. A new application must be submitted to the village clerk.
C. License Application: Application for a license hereunder shall be made in writing to the village clerk.
No license shall be issued on an application until an investigation of the premises and vending machine, if applicable, has been made by the community and economic development department, and the community and economic development department has determined that the premises and vending machine, if applicable, and its owner are then in compliance with the ordinances of the Village and the laws of the state.
Whenever inspections of a premises or vending machine are provided for or required by this Section, or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee or other person in charge of the premises to be inspected, to admit thereto for the purpose of making such inspection any employee of the community and economic development department, police officer or other officer of the Village charged with the duty of making such inspection at any time that admission is requested.
D. License Fee: The license fee for a dealer's license shall be one hundred fifty dollars ($150.00) per year.
E. Prohibited Sales, Delivery - Signs:
1. It shall be unlawful for any person, including any licensee, to sell, offer for sale, buy for, distribute samples of, furnish, give away or deliver tobacco products, alternative nicotine products or electronic cigarettes to any person under the age of twenty-one (21) years.
2. Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products, alternative nicotine products or electronic cigarettes and on or upon every vending machine which offers tobacco products, alternative nicotine products or electronic cigarettes for sale. Each such sign shall be plainly visible and shall state:
THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS OR ELECTRONIC CIGARETTES TO PERSONS UNDER TWENTY-ONE YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW.
The text of such signs shall be in red letters on a white background, said letters to be at least one inch (1") high.
3. Before selling, offering for sale, giving, or furnishing a tobacco product, alternative nicotine product or electronic cigarette to another person, the person selling, offering for sale, giving, or furnishing the tobacco product, alternative nicotine product or electronic cigarette shall verify that the person is at least twenty-one (21) years of age by:
a. Examining from any person that appears to be under thirty (30) years of age a government-issued photographic identification that establishes the person to be twenty-one (21) years of age or older; or
b. For sales of tobacco products, alternative nicotine products or electronic cigarettes made through the Internet or other remote sales methods, performing an age verification through an independent, third party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes the person is twenty-one (21) years of age or older.
F. Minimum Age To Sell Tobacco Products, Alternative Nicotine Products Or Electronic Cigarettes: 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 eighteen (18) years of age to sell tobacco products, alternative nicotine products or electronic cigarettes in any licensed premises.
G. Purchase By Persons Under The Age Of Twenty-One (21) Years Prohibited: It shall be unlawful for any person under the age of twenty-one (21) years to purchase tobacco products, alternative nicotine products or electronic cigarettes or to misrepresent their identity or age, or to display or use any false, forged, or altered identification for the purpose of purchasing tobacco products, alternative nicotine products or electronic cigarettes. It shall not be a violation of this subsection for a person under the age of twenty-one (21) years to purchase a tobacco product, alternative nicotine product or electronic cigarette pursuant to a plan or action to conduct an enforcement action approved by, conducted by, or conducted on behalf of the Illinois Department of State Police, the DuPage County or Cook County Sheriffs, the village police department, the Illinois Department of Revenue, the Illinois Department of Public Health, or a local health department.
H. Possession By Persons Under The Age Of Twenty-One (21) Years Prohibited: It shall be unlawful for any person under the age of twenty-one (21) years to possess any tobacco products, alternative nicotine products or electronic cigarettes; provided that the possession by a person under the age of twenty-one (21) years pursuant to an enforcement action described in subsection G of this Section shall not be prohibited.
I. Proximity To Certain Institutions: It shall be unlawful for any person to sell, offer for sale, furnish, give away or deliver tobacco products, alternative nicotine products or electronic cigarettes within one hundred feet (100') of any school, child care facility or other building used for education or recreational programs for persons under the age of eighteen (18) years.
J. Certain Free Distributions Prohibited: It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, alternative nicotine products or electronic cigarettes or any employee or agent of any such licensee or person, in the course of such licensee's or person's business, to distribute, furnish, give away or deliver tobacco products, alternative nicotine products or electronic cigarettes free of charge to any person on any right-of-way, park, playground or other property owned by the Village, any school district, any park district or any public library.
K. Vending Machines - Locking Devices:
1. It shall be unlawful for any licensee to sell or offer for sale, furnish, give away, deliver or to keep with the intention of selling, furnishing, giving away or delivering tobacco products, alternative nicotine products or electronic cigarettes by use of a vending machine, unless such vending machine 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 twenty-one (21) years.
2. Any premises where access by persons under the age of twenty-one (21) years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of business located at such premises twenty-one (21) years of age or older, shall be exempt from the requirements of subsection K1 of this Section.
L. Responsibility For Agents And Employees: Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this Section 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.
M. Suspension; Revocation Of License; Fines, Costs: The Village Manager shall be charged with the administration of this Section. The Village Manager may suspend or revoke any license issued under the provisions of this Section, if he determines that the licensee has violated any of the provisions of this Section. In lieu of suspension or revocation of a license, the Village Manager may instead levy a fine on the licensee. The fine imposed shall not exceed seven hundred fifty dollars ($750.00) for each violation. Each day on which a violation continues shall constitute a separate violation.
However, no such license shall be suspended or revoked and no licensee shall be fined except after a public hearing by the Village Manager with a seven (7) days written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven (7) day notice provisions shall begin the day following delivery by certified mail or by personal service.
The Village Manager shall within seven (7) days after such hearing, if he determines, after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order and either the amount of the fine, the period of suspension or that the license has been revoked and serve a copy of such order within the seven (7) days upon the licensee.
Any licensee determined by the Village Manager to have violated any of the provisions of this Section shall pay to the Village the costs of the hearing before the Village Manager on such violation. The Village Manager shall determine the costs incurred by the Village for said hearing, including, but not limited to: court reporter's fees, the costs of transcripts or records, attorney fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the Village or such lesser sum as the Village Manager may allow.
The licensee shall pay said costs to the Village within thirty (30) days of notification of the costs by the Village Manager. Failure to pay said costs within thirty (30) days of notification is a violation of this ordinance and may be cause for license suspension or revocation, or the levy of a fine.
N. Use Of Premises After Revocation: When any license shall have been revoked for any cause, no license shall be granted to said licensee for the period of six (6) months thereafter for the conduct of the business of selling tobacco products, alternative nicotine products or electronic cigarettes as defined in subsection A in the premises described in such revoked license. (Ord. 15-94, 3-1-1994, eff. 4-1-1994; amd. Ord. 1-2020, 1-28-2020)