* Editor's note – Chapter 4-64 was repealed and replaced in its entirety by Coun. J. 4-19-17, p. 48180, Art. IV, § 5.
Article I. Definitions
4-64-100 Definitions.
Article II. General Licensing Requirements
4-64-200 License – Requirements.
4-64-210 License application.
4-64-220 Departmental duties – Inspections, investigations, reports and other responsibilities.
4-64-230 License issuance and renewal – Prohibited when.
4-64-240 License fees.
Article III. All Tobacco Licensees – Duties and Prohibitions
4-64-300 Furnishing inspection samples to the Department of Public Health – Required when.
4-64-310 Transfer of license – Prohibited.
4-64-315 Display and sale of drug-laced cigarettes – Prohibited.
4-64-325 Receiving or dealing in stolen goods – Prohibited.
4-64-340 Distribution of tobacco product samples and tobacco coupons – Prohibited when.
4-64-345 Furnishing tobacco products or tobacco accessories to minors – Prohibited.
4-64-350 Certain transactions – Prohibited.
4-64-355 Prohibition on sale of certain products.
4-64-360 Posting of warning to minors – Required.
Article IV. Wholesale Tobacco Dealers
4-64-400 Additional legal duties – Wholesale tobacco dealers.
4-64-410 Additional prohibited acts – Wholesale tobacco dealers.
Article V. Retail Tobacco Dealers
4-64-500 Additional legal duties – Retail tobacco dealers.
4-64-510 Additional prohibited acts – Retail tobacco dealers.
4-64-515 Prohibited locations – Retail tobacco dealers.
4-64-520 Restrictions on hiring persons under 21 years of age.
Article VI. Reserved
4-64-600 Reserved
4-64-615 Reserved
Article VII. Generally Applicable Prohibitions and Safeguards to Protect Minors from Obtaining Tobacco Illegally
4-64-700 Use of improper identification to purchase tobacco products – Prohibited.
4-64-710 Identification cards – Prohibited acts.
4-64-720 Reward for information regarding illegal sale of cigarettes.
Article VIII. Price Floors, Coupon Prohibition, and Minimum Package Sizes for Tobacco Products
4-64-800 Stay of operation, application, and enforcement of certain provisions.
4-64-810 Price floors for tobacco products.
4-64-820 Coupons prohibited.
4-64-830 Minimum package sizes for little cigars.
4-64-840 Enforcement – Regulations.
Article IX. Enforcement – Penalties
A. Fines
4-64-900 Fines – Specific offenses.
4-64-905 Fines – Price floor, coupon prohibition, and package size violations.
4-64-910 Fines – Underage tobacco violations.
B. Revocation
4-64-930 License revocation for a single offense – Authorized.
4-64-935 License revocation – Required when.
C. Nonrenewal
4-64-940 Nonrenewal of licenses.
4-64-945 Effect of nonrenewal.
D. Other Enforcement Provisions
4-64-950 Illegal cigarette vending machines – Authority to disable.
4-64-955 Liability of licensee for violations.
E. Rules
4-64-960 Rule-making.
ARTICLE I. DEFINITIONS (4-64-100 et seq.)
As used in this Chapter 4-64, unless the context clearly indicates that another meaning is intended:
"Bidi cigarette" means a product that: (1) contains tobacco that is wrapped in temburni or tendu leaf, or is wrapped in any other material, identified in rules duly promulgated by the Commissioner of Health, that is similar in appearance or other characteristics to the temburni or tendu leaf; and (2) does not contain a smoke filtering device.
"Cigar" means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other than any roll of tobacco that is a cigarette as defined in this section), and includes cheroots and stogies.
"Cigarette" has the meaning ascribed to that term in Section 3-42-010.
"Cigarette vending machine" means any mechanical device used for retail sales of tobacco products, the operation of which is governed or controlled by use of currency, a coin, a token, or a credit or debit card.
"Commissioner" means the Commissioner of Business Affairs and Consumer Protection or the Commissioner's designee.
"Covered business activity" has the meaning ascribed to that term in Section 4-64-200(a)(1).
"Department" means the Department of Business Affairs and Consumer Protection.
"Department of Public Health" means the Department of Public Health of the City of Chicago.
"Electronic cigarette(s)" shall have the meaning ascribed to that term in Section 7-32-010.
"Electronic cigarette accessories" means any cartridges, cartomizers, clearomizers, tips, atomizers, electronic smoking device batteries, electronic cigarette chargers, and any other item specifically designed for the preparation, charging, or use of electronic cigarettes.
"Flavored liquid nicotine product" means any liquid nicotine product that contains a constituent that imparts a characterizing flavor. As used in this definition, the term "characterizing flavor" means a distinguishable taste or aroma, imparted either prior to or during consumption of a liquid nicotine product, including but not limited to tastes or aromas of menthol, mint, wintergreen, chocolate, vanilla, honey, cocoa, any candy, any dessert, any alcoholic beverage, any fruit, any herb, or any spice, but shall not include the taste or aroma of tobacco. No liquid nicotine product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. A public statement or claim made or disseminated by the manufacturer of a liquid nicotine product, or by any person authorized or permitted by the manufacturer to make or disseminate such statement or claim, that a liquid nicotine product has or produces a characterizing flavor shall establish that the liquid nicotine product is a flavored liquid nicotine product.
"Flavored tobacco product" means any tobacco product, other than a liquid nicotine product, that contains a constituent that imparts a characterizing flavor. As used in this definition, the term "characterizing flavor" means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product including but not limited to tastes or aromas of menthol, mint, wintergreen, chocolate, vanilla, honey, cocoa, any candy, any dessert, any alcoholic beverage, any fruit, any herb, or any spice. No tobacco product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate such statement or claim, that a tobacco product has or produces a characterizing flavor shall establish that the tobacco product is a flavored tobacco product.
"Large cigar" means any cigar weighing at least four pounds per one thousand units.
"Liquid nicotine product" means: (1) any electronic cigarette (i) containing liquid, gel, salt-based nicotine liquid, or other solution that contains nicotine, or (ii) packaged with a liquid, gel, salt-based nicotine liquid, or other solution that contains nicotine; or (2) any other container of liquid, gel, salt, salt-based nicotine liquid, or other solution where the liquid, gel, salt-based nicotine liquid, or other solution (i) contains nicotine and (ii) is intended to be utilized in an electronic cigarette. The term "liquid nicotine product" does not include any product regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 301, et seq.
"Little cigar" means any cigar weighing less than four pounds per one thousand units.
"Other tobacco product(s)" means any tobacco product other than cigarettes, as those terms are defined in this section.
"Package" means the original packet, box, tin, or other container used to contain and convey cigarettes or other tobacco products to the consumer.
"Person" means an individual, firm, partnership, joint venture, association, corporation, estate, trust, trustee, or any other group or combination acting as a unit, excepting the United States of America, the State of Illinois, and any political subdivision thereof.
"Pipe tobacco" means any tobacco which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco to be smoked in a traditional pipe. For the purposes of Article VIII of this Chapter, the term "pipe tobacco" shall not include tobacco typically used in a water pipe, such as a hookah.
"Price reduction instrument" means any coupon, voucher, rebate, card, paper, note, form, statement, ticket, image or other issue, whether in paper, digital, or any other form, used for commercial purposes to receive an article, product, service, or accommodation without charge or at a discounted price.
"Price floor" means the minimum price including all applicable taxes for which a tobacco product or package of tobacco products may be sold by a retail tobacco dealer.
"Retail tobacco dealer" means any person selling, offering for sale, exposing for sale or keeping with the intention of selling or exchanging at retail, tobacco products, electronic cigarette accessories, or tobacco accessories in the City.
"Retail vape store" means a retail establishment that derives more than 20 percent of its gross revenue from the sale, in any combination, of electronic cigarettes, liquid nicotine products, or electronic cigarette accessories.
"Self-service display" means the open display or storage of tobacco products in a manner that is physically accessible in any way to a member of the general public without a direct person-to-person transfer involving a retail tobacco dealer or his agent. A vending machine is a form of self-service display.
"Smokeless tobacco" means any kind and form of tobacco product that is not intended to be smoked including snuff, snus, and chewing tobacco.
"Smoking tobacco" means any tobacco which, because of its appearance, type, packaging or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes or cigars, or for use as wrappers thereof, or for use in a water pipe such as a hookah. For the purposes of Article VIII of this Chapter, the term "smoking tobacco" shall not include pipe tobacco, as that term is defined in this section.
"Substantial ownership or controlling interest" has the meaning ascribed to that term in subsection (b) of Section 4-4-289.
"Tobacco accessories" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco products.
"Tobacco product" means any electronic cigarette as defined herein or component or part thereof or any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from tobacco or any other source, which product is intended to enable human consumption of the tobacco or nicotine, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For purposes of this Chapter 4-64, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.
"Tobacco product sample" or "tobacco product sampling" means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotional purposes.
"Tobacco product sampling" means the distribution of tobacco product samples to members of the general public.
"Wholesale tobacco dealer" means any person making, manufacturing or jobbing cigars within the City, or selling, offering for sale, exposing for sale, or keeping with the intention of selling or exchanging or delivering at wholesale, within the City or to any retailer located within the City, any tobacco, snuff, cigars, cigarettes or cigarette papers, including leaf tobacco or any preparations containing tobacco.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 2; Amend Coun. J. 9-9-20, p. 20071, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. X, § 2; Amend Coun. J. 1-18-23, p. 59711, § 1)
ARTICLE II. GENERAL LICENSING REQUIREMENTS (4-64-200 et seq.)
(a) Covered business activities – Unlawful acts.
(1) No person shall engage in any of the following business activities (for purposes of this section, "covered business activity") without first having obtained a tobacco license under this Chapter 4-64 authorizing the person to engage in such covered business activity: (i) wholesale tobacco dealer; or (ii) retail tobacco dealer.
(2) No person shall engage in the business of wholesale tobacco dealer and retail tobacco dealer at the same licensed location.
(b) Separate license required for each separate location. A separate tobacco license shall be required for each separate location at which any covered business activity is conducted or otherwise occurs.
(c) License – Form of license – Replacement. A license under this Chapter shall: (1) designate the period of time for which the license is valid; and (2) contain a reproduction of the City seal along with the names of the Mayor and City Clerk.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 3)
Additional information – Required when. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, a renewal of, a tobacco license under this Chapter shall be accompanied by the following information:
(1) a statement identifying the covered business activity in which the applicant intends to engage;
(2) a statement identifying the location of the premises where the covered business activity will take place, and a description of those premises;
(3) a statement whether the applicant or licensee, as applicable, intends to or does sell, offer for sale, or keep with the intention of selling, at retail, any cigarettes, electronic cigarettes, liquid nicotine products, or cigarette papers;
(4) a statement whether the applicant or licensee, as applicable, intends to or does sell, offer for sale, expose for sale or display tobacco accessories, electronic cigarettes, liquid nicotine products, or electronic cigarette accessories on the licensed premises. If so, the following additional information shall be required:
(A) the percentage of total shelf space at the licensed location that is or is anticipated to be used to display tobacco accessories, electronic cigarettes, liquid nicotine products, or electronic cigarette accessories; and
(B) the percentage of total sales that is, or is anticipated to be, derived from the sale of tobacco accessories, electronic cigarettes, liquid nicotine products, or electronic cigarette accessories at the licensed location;
(5) [Reserved.]
(6) a statement whether the applicant or licensee, as applicable, intends to or does sell, give away, barter, exchange or otherwise deal in tobacco products or tobacco accessories;
(7) a statement whether the applicant or licensee, as applicable, intends to sell, give away, barter, exchange or otherwise deal in flavored tobacco products or accessories for flavored tobacco products;
(8) a statement whether the applicant or licensee, as applicable, or any person with a substantial ownership or controlling interest in the applicant or licensee, has ever had any license under this Chapter 4-64 revoked for cause, and, if so, the date of such revocation;
(9) a statement whether: (1) the applicant or licensee, as applicable, or (2) any person with a substantial ownership or controlling interest in the applicant or licensee, or (3) the parent, child, sibling, spouse or domestic partner of the applicant or licensee has ever had any license under this Chapter 4-64 not renewed for any reason set forth in Section 4-64-940;
(10) a statement whether the applicant or licensee, as applicable, or any person with a substantial ownership or controlling interest in the applicant or licensee: (l) has ever been convicted, in custody, under parole, or under any other non-custodial supervision resulting from an adjudication of guilt in any judicial or administrative proceeding in any jurisdiction of: (i) a felony of any kind including but not limited to any felonious violation of the Illinois Drug Paraphernalia Control Act or its equivalent in another jurisdiction, or (ii) a criminal offense (other than a minor cannabis offense) of whatever degree; or (2) has ever admitted guilt in connection with any such felony or criminal offense (other than a minor cannabis offense) under circumstances where such admission of guilt is a matter of record; and
(11) any other information that the Commissioner may reasonably require in connection with the issuance or renewal of a license under this Chapter.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 4; Amend Coun. J. 11-26-19, p. 11547, § 6; Amend Coun. J. 1-18-23, p. 59711, § 1)
(a) Periodic inspections by the Department of Public Health – Authorized. The Commissioner of Public Health is hereby authorized to inspect and examine, from time to time, all places within the City that are licensed or required to be licensed under this Chapter to sell tobacco, snuff, cigars, or cigarettes. Such inspection shall be conducted with a view toward determining whether the licensee is in compliance with the applicable provisions of this Code and of the laws of the State of Illinois pertaining to: (i) the sale of tobacco, snuff, cigars, or cigarettes, and (ii) the adulteration of, and handling and sale of, such commodities. The Commissioner of Public Health shall rigorously enforce all such provisions and laws. If, pursuant to Section 4-64-300, the Commissioner of Public Health requests a licensee to furnish the Department of Public Health with samples of cigarettes or tobacco products for analysis by or under the direction of the Commissioner of Public Health, the Department of Public Health shall make and keep in its office a record of such analysis for inspection by the public.
(b) Character and fitness of tobacco licensees – Investigation by BACP – Required. The Commissioner shall investigate, or cause an investigation to be made of, any applicant or licensee, as applicable, seeking a tobacco license under this Chapter to engage in a covered business activity, and any person with a substantial ownership or controlling interest in such applicant or licensee, to determine: (i) the character, reputation and fitness including but not limited to the criminal background (other than a minor cannabis offense) of such person to engage in the covered business activity or to be entrusted with the sale of cigarettes; and (ii) whether the premises identified in the license application complies with the applicable provisions of this Code including requirements as to location.
(c) Compliance with Section 4-64-350 – Report by BACP – Required. On June 1 of each year, beginning in 2017, the Commissioner of Business Affairs and Consumer Protection shall provide, to the City Council Committee on License and Consumer Protection or to its successor committee, a report describing enforcement of Section 4-64-350 by the Department during the previous twelve months.
(d) Underage tobacco violations – Report by BACP – Required. The Commissioner shall ensure that sufficient resources of the Department are devoted to provide for the adequate enforcement of the provisions of this Chapter relating to underage tobacco violations. No later than the 21st day of January, April, July and October of each year, the Commissioner shall provide a written report, to the City Council Committee on License and Consumer Protection or to its successor committee, on the Department's progress in enforcing those provisions. The report shall include the following information for the previous three calendar months: (1) the number of notices of underage tobacco violations issued by the Department; and (2) the number and results of underage tobacco violation adjudications conducted pursuant to this Chapter.
(e) Underage tobacco violations – Program for monitoring sales to minors – Authorized. The Commissioner of Business Affairs and Consumer Protection is hereby authorized to establish a program of testing the sales practices of licensees under this Chapter to determine whether licensees are selling tobacco products to minors. The program shall include using persons under the age of 21 to purchase tobacco products, in accordance with procedures established by the Commissioner of Business Affairs and Consumer Protection. No person under the age of 21 who purchases or attempts to purchase tobacco products as part of the program shall be charged with a violation of Section 4-64-700.
(f) The Department of Public Health shall design and approve for content a warning sign for other tobacco products. At a minimum, such warning sign shall include the following information:
(1) The logos of the City and Department of Health;
(2) Text which reads: "Warning";
(3) Factual information about other tobacco products and the adverse or potentially adverse effects of their use;
(4) A statement that "Help is Available" or equivalent text;
(5) Information about how to contact a quitline for nicotine addiction or other addictions, diseases or conditions associated with the use of other tobacco products; and
(6) The date on which the warning sign was issued or most recently updated by the Department of Public Health.
The Department of Public Health and Department of Business Affairs and Consumer Protection shall: (i) post, on their respective websites, the warning sign for other tobacco products approved under this subsection by the Department of Public Health; and (ii) make such warning sign available for viewing, posting, downloading and printing.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 5; Amend Coun. J. 11-26-19, p. 11547, § 7; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 15)
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