4-64-200 License – Requirements.

   (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)

4-64-210 License application.

   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)

4-64-220 Departmental duties – Inspections, investigations, reports and other responsibilities.

   (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)

4-64-230 License issuance and renewal – Prohibited when.

   No tobacco license under this Chapter shall be issued to any person under the following circumstances:

   (1)   if, following an investigation pursuant to Section 4-64-220(b), the Commissioner determines that the applicant or licensee, as applicable, or any person with a substantial or controlling interest in the applicant or licensee: (i) 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 a felony of any kind or a criminal offense (other than a minor cannabis offense) of whatever degree that is rationally related to such person’s fitness or capacity to engage in the covered business activity or to be entrusted with the sale of cigarettes; or (ii) 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; or (iii) otherwise lacks the character, reputation or fitness to engage in the covered business activity or to be entrusted with the sale of cigarettes; or

   (2)   if applicant or licensee, as applicable: (i) intends to or does sell, give away, barter, exchange or otherwise deal in tobacco products or tobacco accessories at the licensed location, and (ii) such location has a property line within 100 feet of the property line of any building or location used primarily as a school, child care facility, or for the education or recreation of children under 18 years of age, as set forth in Section 4-64-515(a) or Section 4-64-615(a), as applicable;

   (3)   if the applicant or licensee, as applicable: (i) intends to sell, give away, barter, exchange or otherwise deal in flavored tobacco products or accessories for such products at the licensed location, and (ii) such location has a property line within 500 feet of the property line of any public, private or parochial secondary school located in the City of Chicago, as set forth in Section 4-64-515(b) or Section 4-64-615(b), as applicable. Provided, however, that this prohibition on license issuance shall not apply to: (1) retail tobacco stores, as set forth in Section 4-64-515(b) or Section 4-64-615(b), as applicable; or (2) renewals of licenses existing as of December 31, 2016, as set forth in Section 4-64-515(c)(1) or Section 4-64-615(c)(1), as applicable; or (3) applications for a new tobacco license to engage in the business of retail tobacco dealer pursuant to a purchase of a retail tobacco business at a location that holds such a license on or after December 31, 2016, as set forth in Section 4-64-515(c)(2) or Section 4-64-615(c)(2), as applicable;

   (4)   if the applicant or licensee, as applicable, or any person with a substantial ownership or controlling interest in the applicant or licensee, has had any license under this Chapter 4-64 revoked for cause within the four-year period prior to the date of the application, as set forth in Section 4-64-935(b);

   (5)   if: (i) the applicant or licensee, as applicable, or any person with a substantial ownership or controlling interest in the applicant or licensee, or the parent, child, sibling, spouse or domestic partner of the applicant or licensee, has ever had any license under this Chapter not renewed for any reason set forth in Section 4-64-940; and (ii) the applicant or licensee is seeking a tobacco license at the same location governed by the non-renewal decision; and (iii) the one-year period of ineligibility for the issuance of a new tobacco license at the same location, as set forth in Section 4-64-935(c), has not expired.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 6; Amend Coun. J. 11-26-19, p. 11547, § 8)

4-64-240 License fees.

   The fee for a tobacco license under this Chapter shall be as set forth in Section 4-5-010 for each covered business activity identified on the face of such license.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 20)