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.

4-64-600 Reserved.

Editor’s note – Coun. J. 4-18-18, p. 76348, § 13, repealed former § 4-64-600, which pertained to legal duties – tobacco product sampler.

4-64-615 Reserved.

Editor’s note – Coun. J. 4-18-18, p. 76348, § 14, repealed former § 4-64-615, which pertained to prohibited locations – tobacco product samplers.

ARTICLE VII. GENERALLY APPLICABLE PROHIBITIONS AND SAFEGUARDS TO PROTECT MINORS FROM OBTAINING TOBACCO ILLEGALLY (4-64-700 et seq.)