(A) Sale. No person under 21 years of age shall buy any tobacco product, electronic cigarette or alternative nicotine product. No person shall sell, buy for, distribute samples of or furnish any tobacco product, electronic cigarette or any alternative nicotine product to any person under 21 years of age.
(B) False identification prohibited. No person under 21 years of age in the furtherance or facilitation of obtaining any tobacco product, electronic cigarette or alternative nicotine product shall display or use a false or forged identification card or transfer, alter or deface an identification card.
(C) Sales persons. No person under 16 years of age may sell any tobacco product, electronic cigarette or alternative nicotine product at a retail establishment selling tobacco products, electronic cigarettes or alternative nicotine products. This division (C) does not apply to a sales clerk in a family-owned business which can prove that the sales clerk is in fact a son or daughter of the owner.
(D) Sale identification process. Before selling, offering for sale, giving or furnishing a tobacco product, electronic cigarette or alternative nicotine product to another person, the person selling, offering for sale, giving or furnishing the tobacco product, electronic cigarette or alternative nicotine product shall verify that the person is at least 21 years of age by:
(1) Examining from any person that appears to be under 30 years of age a government- issued photographic identification that establishes the person to be 21 years of age or older; or
(2) For sales of tobacco products, electronic cigarettes or alternative nicotine products 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 21 years of age or older.
(E) 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.
(F) 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. For purposes of this section, TOBACCO PRODUCTS means cigarettes, cigars, smokeless tobacco or tobacco in any of its forms.
(G) 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 (35 ILCS 130/1 et seq.) or the Cigarette Use Tax Act (35 ILCS 135/1 et seq.).
(H) Sale of loose cigarettes prohibited. The sale or distribution by any person of a tobacco product as defined in this chapter, including, but not limited to, a single or loose cigarette, that is not contained within a sealed container, pack or package as provided by the manufacturer, which container, pack or package bears the health warning required by federal law, is prohibited.
(I) Sting operations. It is not a violation of this section for a person under 21 years of age to purchase a tobacco product, electronic cigarette or alternative nicotine product if the person under the age of 21 purchases or is given the tobacco product, electronic cigarette or alternative nicotine product in any of its forms from a retail seller of tobacco products, electronic cigarettes or alternative nicotine products or an employee of the retail seller pursuant to a plan or action to investigate, patrol, or otherwise conduct a “sting operation” or enforcement action against a retail seller of tobacco products, electronic cigarettes or alternative nicotine products or a person employed by the retail seller of tobacco products, electronic cigarettes or alternative nicotine products or on any premises authorized to sell tobacco products, electronic cigarettes or alternative nicotine products to determine if tobacco products, electronic cigarettes or alternative nicotine products are being sold or given to persons under 21 years of age if the “sting operation” or enforcement action is approved by, conducted by or conducted on behalf of the city’s Police Department or Health Department.
(J) Warning to minors.
(1) Any person, firm, partnership, company or corporation operating a place of business where tobacco products, tobacco accessories, alternative nicotine products, electronic cigarettes and smoking herbs are sold or offered for sale shall post in a conspicuous place upon the premises a sign upon which there shall be imprinted the following statement:
THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS OR ELECTRONIC CIGARETTES TO PERSONS UNDER TWENTY-ONE (21) YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW. |
(2) The sign shall be printed on a white card in red letters at least one inch in height.
(Prior Code, § 112.02) (Ord. 08-016, passed 6-10-2008; Ord. 2020-008, passed 2-25-2020) Penalty, see § 112.99