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)

ARTICLE III. ALL TOBACCO LICENSEES – DUTIES AND PROHIBITIONS* (4-64-300 et seq.)

* Editor’s note – Coun. J. 4-18-18, p. 76348, § 7, amended the title to this Article III.

4-64-300 Furnishing inspection samples to the Department of Public Health – Required when.

   Upon demand by the Commissioner of Public Health, all licensees under this Chapter shall furnish to the Department of Public Health, for inspection and analysis by or under the direction of such Commissioner, samples of all cigarettes or tobacco products sold or offered for sale by the licensee.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 16)

4-64-310 Transfer of license – Prohibited.

   The transfer of any license issued under this Chapter is expressly prohibited.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5)

4-64-315 Display and sale of drug-laced cigarettes – Prohibited.

   No person shall expose for sale, sell or offer for sale to any person, whether directly or indirectly, any cigarette containing opium, morphine, jimsonweed, belladonna, strychnia, cocaine or any other deleterious or poisonous drug other than nicotine.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5)