(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)