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(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)
(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)
(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.)
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)
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.)
In addition to the applicable legal duties set forth Chapter 4-4 of this Code and in Article III of this Chapter, each licensee engaged in the business of retail tobacco dealer shall have the following duties:
(1) Recordkeeping. At the time of the transaction, keep a written record in English of all purchases of cigarettes. Such record shall set forth: (i) the name and address of the place of business of the person from whom the cigarettes were purchased, (ii) the date of the transaction, (iii) the seller's invoice number, (iv) the seller's tobacco license number, and (v) a description of the cigarettes purchased. The records required under this subsection, and all cigarettes purchased, received or kept for sale by every retail tobacco dealer, 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) Cigarettes purchased from non-City-licensed wholesalers. If cigarettes are purchased from any source, other than a person holding a valid tobacco license under this Chapter to engage in the business of wholesale tobacco dealer, make out and deliver a report to the Department of Finance or Department of Business Affairs and Consumer Protection, within 24 hours after such purchase, identifying: (i) the name and residential or business address of the person from whom the purchase of cigarettes was made, (ii) the quantity of cigarettes purchased, and (iii) a description of the cigarettes purchased.
(3) Cooperation with inspections – Required.
(i) Licensees and their agents who sell tobacco shall present valid government-issued identification when an authorized City investigator has identified himself and requested such identification.
(ii) Licensees and their agents shall be prohibited from closing and locking safe doors and other doors, including but not limited to doors to closets and storerooms, when an authorized City investigator has identified himself and announced his intention to inspect the premises for compliance with the requirements of this Code.
(iii) Licensees and their agents shall immediately stop selling cigarettes and other tobacco products when an authorized City investigator has identified himself and announced his intention to inspect the premises for compliance with the requirements of this Code.
(iv) Within thirty minutes of the arrival of any authorized City investigator charged with responsibility for inspecting the licensed premises, the licensee shall have a person available on site to open any locked safe or door where unstamped cigarettes may be hidden.
(v) The failure by a licensee or such licensee's agent to comply with this subsection (3) shall subject the licensee to the applicable penalty set forth in Section 4-64-900.
(4) Warning sign for other tobacco products – Required.
(i) If the licensee sells other tobacco products at the licensed location, the licensee shall post a current and legible warning sign meeting the requirements of this paragraph (4)(i). Such warning sign shall: (a) be posted by the licensee at each public entrance to the licensed premises; and (b) be clearly visible to all persons entering the licensed premises. The warning sign required under this paragraph (4)(i) shall be: (A) designed and approved for content by the Department of Public Health in accordance with subsection (f) of Section 4-64-220; (B) made available to the licensee on the respective websites of the Department of Public Health and Department of Business Affairs and Consumer Protection, for viewing, downloading, printing and posting by the licensee.
(ii) The Department of Business Affairs and Consumer Protection and Department of Public Health are authorized to enforce this paragraph (4).
(iii) Prior to promulgating rules to implement this paragraph (4), the Department of Business Affairs and Consumer Protection shall consult with the Department of Public Health; provided, however, that the Department of Public Health shall be exclusively responsible for the content of the warning sign, which shall meet the minimum standards in Section 4-64-220(f), and for promulgating rules pertaining to its content.
(5) Sales data – Required.
(i) The licensee must keep sales data, by product, on the percentage, dollar value, and number of units sold for each of the following products: loose tobacco, cigarettes, cigarillos, cigars, pipes, other smoking devices and accessories, hookahs and related products, electronic cigarettes, liquid nicotine products, and electronic cigarette accessories.
(ii) Such records shall be open for inspection, at all reasonable times, by the Commissioner or Comptroller or the Commissioner of Public Health or their respective designees or by any duly authorized member of the Department of Police, Department of Business Affairs and Consumer Protection, Department of Finance, or Department of Public Health.
(iii) The failure by a licensee or such licensee's agent to comply with this subsection (5) shall subject the licensee to the applicable penalty set forth in Section 4-64-900.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 8; Amend Coun. J. 4-18-18, p. 76348, § 10; Amend Coun. J. 1-18-23, p. 59711, § 1)
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