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.)

4-64-500 Additional legal duties – Retail tobacco dealers.

   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)

4-64-510 Additional prohibited acts – Retail 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 person engaged in the business of retail tobacco dealer to:

   (1)   Use a self-service display or cigarette vending machine, as defined in Section 4-64-100.

   (2)   Display any tobacco product or tobacco accessories, as defined in Section 4-64-100, or any electronic cigarette or liquid nicotine product, as defined in Section 3-47-020, or other liquid, gel, or other solution intended to be used in an electronic cigarette, except: (i) behind a retail sales counter; and (ii) accessible only to the licensee or his agent or employee. This paragraph (2) shall not apply to any flavored liquid nicotine product, or a retail tobacco store, as defined in Section 7-32-010.

   (3)   Display any flavored liquid nicotine product.

   (4)   Violate the Illinois Drug Paraphernalia Control Act.

   (5)   Purchase cigarettes from any person other than a wholesale tobacco dealer.

   (6)   Purchase cigarettes from any wholesale tobacco dealer within the City that is not properly licensed under this Chapter to engage in the business of wholesale tobacco dealer.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 9-20-18, p. 83345, § 2; Amend Coun. J. 9-9-20, p. 20071, § 3; Amend Coun. J. 1-18-23, p. 59711, § 1)

4-64-515 Prohibited locations – Retail tobacco dealers.

   (a)   No person engaged in the business of retail tobacco dealer shall sell, give away, barter, exchange or otherwise deal in tobacco products, tobacco accessories, or electronic cigarette accessories at any location that has a property line within 100 feet of the property line of any building or other location used primarily as a school, child care facility, or for the education or recreation of children under 18 years of age.

   (b)   No person engaged in the business of retail tobacco dealer shall sell, give away, barter, exchange, or otherwise deal in flavored tobacco products, tobacco accessories, or electronic cigarette accessories at any location that 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. This subsection (b) shall not apply to retail tobacco stores. For purposes of this subsection, "retail tobacco store" has the meaning ascribed to that term in Section 7-32-010.

   (c)   The Commissioner of Business Affairs and Consumer Protection shall not issue any new tobacco license to engage in the business of retail tobacco dealer at any location that 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. This subsection (c) shall not apply to: (1) renewals of licenses existing as of December 31, 2016, or (2) 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.

   (d)   Except for businesses holding a valid retail tobacco dealer license on February 4, 2023, the Commissioner of Business Affairs and Consumer Protection shall not issue any new retail tobacco dealer license for a retail tobacco store, as defined by Section 7-32-010, that has a property line within 1,000 feet of the property line of any existing retail tobacco store, as defined by Section 7-32-010. This section shall not apply to: (1) renewals of licenses existing as of February 4, 2023; or (2) applications for a new retail tobacco dealer license pursuant to a purchase of a retail tobacco business at a location that holds such a license on or after February 4, 2023.

   (e)   Except for businesses holding a valid retail tobacco dealer license on February 4, 2023, the Commissioner of Business Affairs and Consumer Protection shall not issue any new retail tobacco dealer license for a retail vape store that has a property line within 1,000 feet of the property line of any existing licensed retail tobacco dealer. This section shall not apply to: (1) renewals of licenses existing as of February 4, 2023; or (2) applications for a new retail tobacco dealer license pursuant to a purchase of a retail tobacco business at a location that holds such a license on or after February 4, 2023.

   (f)   The Commissioner of Business Affairs and Consumer Protection and the Commissioner of Health are hereby authorized to promulgate rules necessary or appropriate to enforce this section.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 11; Amend Coun. J. 1-18-23, p. 59711, § 1)

4-64-520 Restrictions on hiring persons under 21 years of age.

   (a)   Persons engaged in the business of retail tobacco dealer may engage, employ or permit a person under 21 years of age to work on the licensed premises, if the person under 21 years of age has no duties relating to the sale, dispensing, service or delivery of tobacco products on the premises.

   (b)   A licensee who engages, employs or permits a person under 21 years of age to work pursuant to subsection (a) of this section shall not assign or permit that person to perform any duties or acts relating to the sale, dispensing, service or delivery of tobacco products on the premises.

   (c)   A licensee who engages, employs or permits persons under 21 years of age to work as allowed in subsection (a) of this section shall comply with the Illinois Child Labor Law in connection with the employment of any person under the age of 16 years.

   (d)   A licensee who engages, employs or permits persons under 21 years of age to work as allowed in subsection (a) of this section shall be responsible for ensuring that such person does not consume, obtain or possess tobacco products on the licensed premises.

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

ARTICLE VI. RESERVED* (4-64-600 et seq.)

* Editor’s note – Coun. J. 4-18-18, p. 76348, § 12, repealed former Article VI, which pertained to tobacco product samplers.