4-64-340 Distribution of tobacco product samples and tobacco coupons – Prohibited when.

   (a)   No person shall give away, barter, exchange, distribute or in any way dispense free of charge or at nominal cost any tobacco product or tobacco product sample on any public street, alley or sidewalk, or in any public park, public ground or playground, or in any building or other area open to the public.

   (b)   No person shall give away, barter, exchange, distribute or in any way dispense on any public street, alley or sidewalk, or in any public park, public ground or playground, or in any building or other area open to the public any coupon or other price reduction instrument for any free or nominally priced tobacco product or tobacco product sample. This subsection (b) shall not apply to coupons or price reduction instruments included in newspapers, magazines or other publications or received by a person through the mail or on-line.

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

4-64-345 Furnishing tobacco products or tobacco accessories to minors – Prohibited.

   No person shall sell, give away, barter, exchange or otherwise furnish any tobacco product or tobacco accessories at retail or otherwise to any individual under 21 years of age.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 9)

4-64-350 Certain transactions – Prohibited.

   (a)   No person shall sell, offer for sale, barter, or expose for sale any tobacco product except in its original factory-wrapped package. This prohibition shall not apply to large cigars with a retail price of at least $3.00 each or to pipe tobacco.

   (b)   No person shall sell, offer for sale, barter, or expose for sale any cigarette in a package containing fewer than 20 cigarettes.

   (c)   Any person who violates this section shall be fined not less than $1,000.00 nor more than $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

   (d)   The Commissioner of Health, with the approval of the Comptroller, shall amend by rule the minimum retail price of exempted large cigars in an amount proportional to the change, if any, in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumers for the Chicago metropolitan area, or some other comparable index selected by the Commissioner of Health in his reasonable discretion if this index no longer exists. If the Commissioner amends the minimum retail price of exempted large cigars, the amended price shall not go into effect until 90 days after it is announced via rule duly promulgated by the Department of Health. Any such amendment shall be rounded to the nearest dime.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 11-7-18, p. 88803, § 11)

4-64-355 Prohibition on sale of certain products.

   (a)   No person shall sell, give away, barter, exchange or otherwise furnish to any other person a bidi cigarette, as defined in Section 4-64-100.

   (b)   No person shall sell, give away, barter, exchange or otherwise furnish to any other person any cigarette wrapping paper or wrapping leaf, regardless of whether such wrapping paper or wrapping leaf contains nicotine, that is, or is held out to be, impregnated or scented with, or aged or dipped in, alcoholic liquor, chocolate, any fruit flavoring, vanilla or honey, in any combination.

   (c)   No person shall sell, give away, barter, exchange or otherwise furnish to any other person any flavored liquid nicotine product.

   (d)   Any person who violates this section shall be subject to a fine of not less than $1,000.00 nor more than $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 9-9-20, p. 20071, § 2; Amend Coun. J. 6-25-21, p. 31925, Art. IX, § 3)

4-64-360 Posting of warning to minors – Required.

   (a)   Warning required. Any person who sells, gives away or distributes tobacco products or tobacco accessories shall display a printed card, which shall include the following warning:

   Warning

   It Is A Violation Of The Law For Cigarettes Or Other Tobacco Products Or Tobacco Accessories To Be Sold To Any Person Under The Age Of 21. Any Person Who Violates This Law Is Subject To A Fine And Possible Imprisonment.

   (b)   Size and typeface of warning. The printed card required under subsection (a) of this section shall be at least eight inches by eleven inches in size. The text of the card shall be printed in red letters on a white background. Each letter shall be at least one inch high. The word "warning" shall be in a print of 84-point height and Helvetica type. The remainder of the text shall be in a print of 24-point height and in Helvetica medium-face, Futura medium-face or Universe 65 type.

   (c)   Posting required. The printed card required under subsection (a) of this section shall be posted, at all times when the establishment is open, at each location at which tobacco products or tobacco accessories are sold or displayed, and in a manner such that the card is clearly visible from each location where such sales or displays occur.

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

ARTICLE IV. WHOLESALE TOBACCO DEALERS (4-64-400 et seq.)

4-64-400 Additional legal duties – Wholesale tobacco dealers.

   In addition to the applicable legal duties set forth in Chapter 4-4 of this Code and in Article III of this Chapter, each licensee engaged in the business of wholesale tobacco dealer shall have the following duties:

   (1)   Recordkeeping. At the time of the transaction, keep a written record in English of all sales of cigarettes. Such record shall set forth: (i) the name and residential or business address of the purchaser, (ii) the date of the transaction, (iii) the invoice number, (iv) the purchaser's tobacco license number, and (v) a description of the cigarettes sold to the purchaser. The records required under this subsection shall be open for inspection, at all reasonable times, by the Commissioner or Comptroller or their respective designees or by any duly authorized member of the Department of Police, Department of Business Affairs and Consumer Protection or Department of Finance.

   (2)   Sanitation. Keep, at all times, in a clean and sanitary condition: (i) all places or establishments where tobacco, snuff, cigars or cigarettes are sold or kept by the licensee with the intention of selling such items at wholesale; and (ii) all appliances, cutters, receptacles or cases used to handle products authorized to be sold by the wholesale tobacco dealer under this Chapter. No tobacco, snuff, cigars or cigarettes shall be kept or stored in any place where they are subject to contamination.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 7)

4-64-410 Additional prohibited acts – Wholesale tobacco dealers.

   In addition to the applicable prohibited acts set forth in Chapter 4-4 of this Code and in Article III of this Chapter, it shall be unlawful for any licensee engaged in the business of wholesale tobacco dealer to:

   (1)   Sell at retail, offer for sale at retail or keep with the intention of selling at retail any tobacco products or tobacco accessories.

   (2)   Sell at wholesale, offer for sale at wholesale, or deliver tobacco products or tobacco accessories at wholesale to any person other than a retail tobacco dealer or wholesaler tobacco dealer.

   (3)   Sell at wholesale, offer for sale at wholesale, or deliver at wholesale tobacco products or tobacco accessories to any retail tobacco dealer or wholesale tobacco dealer within the City that is not properly licensed under this Chapter to engage in the business of retail tobacco dealer or wholesale tobacco dealer, as applicable.

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

ARTICLE V. RETAIL TOBACCO DEALERS (4-64-500 et seq.)